Himachal’s Forest Rights Battle: Farmers Face Eviction as Legal Tangle Deepens
A cloud of uncertainty hangs over thousands of families in Himachal Pradesh as the state government grapples with implementing the Forest Rights Act (FRA) while courts continue to order evictions from forest lands. The conflict has left farmers like 58-year-old Dev Raj from Kullu district in distress. “My family has been growing apples here since before Independence. Now they say we’re illegal occupants,” he says, staring at the high court notice in his calloused hands.
The Roots of the Conflict
The crisis stems from decades of complex land policies:
- 1968: ‘Nai Tod’ scheme allotted forest land for cultivation
- 1980: Forest Conservation Act halted allocations mid-process
- 2002: Regularization scheme backfired, turning applicants into encroachers
- 2023-25: High Court orders mass evictions under old land laws
According to state records, over 1.62 lakh regularization applications remain pending while 3 lakh+ families face eviction threats. “This isn’t encroachment – it’s historical injustice,” argues an environmental lawyer. “The 2006 Forest Rights Act was meant to correct this, but implementation has been pathetic.”
Ground Realities
In Kinnaur’s tribal areas, the situation has turned volatile. Last month, 150 families in Nichar tehsil received final eviction notices. “Where will we go? The land that swallowed our ancestors now wants to swallow us,” asks Tara Devi, a 62-year-old widow.
The conflict has created absurd anomalies:
- Farmers paying land revenue for decades now declared illegal
- Third-generation orchards marked for demolition
- Families displaced by dams in 1970s facing second eviction
Legal Quandary
The High Court is enforcing evictions under:
- HP Public Premises Act, 1971
- Land Revenue Act, 1954
However, the Supreme Court’s 2013 order in the Orissa Mining case clearly states that no evictions can occur while FRA claims are being processed. “The state government needs to present this precedent strongly,” insists former HP High Court judge.
Government’s Dilemma
The present government appears caught between:
✔ Court orders demanding immediate action
✔ Election promise of protecting farmers’ rights
✔ Pressure from environmental groups
Tribal Development Minister told reporter: “We’re working on a balanced solution that respects both court directives and people’s rights.” However, officials speaking off-record admit the administration is “buying time.”
Road Ahead
Civil society groups propose a 4-point solution:
- Immediate moratorium on evictions
- Special FRA awareness camps in all panchayats
- Fast-track committees to process pending claims
- Amendment to state land laws to align with FRA
The Big Picture: With 67% of Himachal classified as forest land, the outcome of this struggle will determine not just farmers’ futures but also set precedents for forest governance across Himalayan states.
As the monsoon clouds gather over the Dhauladhars, so does the storm over Himachal’s forest rights crisis. For now, farmers continue their daily struggle – pruning apple trees under the shadow of eviction notices, hoping the government finds a solution before the bulldozers arrive.
( Guman Singh is the Coordinator at Himalya Niti Abhiyan)
