Forest Dwellers’ Rights at Stake: The Battle Against Evictions in Himachal

For years, the issue of forest land encroachments in Himachal Pradesh has been tangled in legal battles. The state’s High Court has repeatedly issued eviction orders, the latest one coming in January 2025. However, these directives clash with a crucial central law—the Forest Rights Act (FRA)—which aims to protect the rights of forest dwellers.

Legal Conflict: High Court vs. Forest Rights Act

The HP Public Premises & Land (Eviction & Rent Recovery) Act, 1971, and Section 163 of the Land Revenue Act, 1954, have been cited as the basis for these eviction orders. However, the Supreme Court’s 2013 ruling in the Orissa Mining Corporation case clearly states that no eviction can take place until forest rights claims are verified and recognized. Despite this, the recent High Court orders threaten to displace thousands of tribal and traditional forest dwellers without due process.

Who Has the Right to Forest Land?

Under Section 3 of the Forest Rights Act (FRA), tribal and traditional forest dwellers who occupied land before December 13, 2005, have legal rights over it—whether for residence or livelihood. 67% of Himachal’s land is classified as forest, with nearly 1.39 million hectares traditionally used by local communities. Even official revenue and forest records acknowledge these customary rights.

Yet, both the previous BJP government and the current Congress-led government have failed to properly implement the FRA. Bureaucratic hurdles continue to prevent rightful landowners from receiving their legal entitlements.

Evictions Cannot Proceed Under Revenue Laws

Forest land disputes cannot be handled under revenue laws, which do not recognize the unique provisions of the FRA. The Forest Rights Act overrides the Forest Conservation Act, 1980, when it comes to recognizing the rights of forest dwellers. Himachal’s government must respect these legal protections instead of treating traditional land users as encroachers.

What Needs to Be Done?

1. Forest Dwellers Must File Claims
   • Those occupying forest land should submit claims to their Gram Sabha’s Forest Rights Committee with evidence proving occupation before December 13, 2005.
   • Once a claim is filed, eviction cannot take place until the claim is verified and recognized.
2. Government Must Defend Forest Rights in Court
   • The Himachal Pradesh government must argue in court that eviction should not occur while the FRA recognition process is ongoing.
   • The state must halt all evictions until legal rights are settled.
3. Full Implementation of the Forest Rights Act
   • The government should launch a special campaign to grant individual and community forest rights titles to eligible dwellers.
   • Without immediate action, thousands of families face displacement despite being legally entitled to the land they have lived on for generations.

The Forest Rights Act is not just a policy—it is a legal shield for those who have nurtured and depended on the forests for centuries. Ignoring it means trampling on the rights of Himachal’s tribal and traditional communities. It is now up to the government to choose: justice for its people or bureaucratic negligence?

( The Author is : Guman Singh, Coordinator, Himalaya Niti Abhiyan )