22, Oct 2019 | CJP Team
In 2008, Wildlife First along with a few other NGOs filed a writ petition before the Supreme Court of India challenging the constitutional validity of the Scheduled Tribes and Other Forest Dwellers (Recognition of Forest Rights) Act, 2006 (the FRA). The Petition based this contention on following grounds:
- That the FRA was violative of Articles 14 and 21 of the Indian Constitution.
- Since the FRA grants forest rights on protected areas other than reserved forests, such as sanctuaries and national parks), it will be detrimental to the protected areas network and go against efforts taken for carrying out the mandate of Article 48 and 51A(g).
- Since the FRA is against principles of sustainable development and threatens the ecological and environmental security of the nation. Since sale of minor forest produce is permitted and not restricted to bona fide personal use.
- That the Parliament lacked the legislative competence to enact the FRA, since its pith and substance related to rights in and over land as it creates tenural rights on forest lands. Therefore, it argues, nothing can prevent exploitation of forests on a commercial scale at unsustainable subject falls under entry 18 of List II of the Constitution, which is beyond the Parliament’s competence.
The petition has been divided into two volumes. Volume I of the petition may be read here:
Volume II of the petition may be read here:
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