The Forest Rights Act

Bombay Natural History Society and Ors. vs. Union of India and Ors. (WP 50/2008)
Wildlife First and Ors. vs. Union of India and Ors. (WP 109/2008)

Bombay Natural History Society and Ors. vs. Union of India and Ors. (WP 50/2008)
Petitioners: Bombay Natural History Society, Wildlife Society of Orissa, Wildlife Trust of India and All Assam Tribal Youth League
Respondents: Union of India (MoEF, MoTA), all State governments

In addition to the basic arguments shared by all the cases, this petition argues:

Recognition of rights is essentially about land, and land is a State subject, so this law is beyond the competence of Parliament.

The real "historical injustice" to tribals is the failure to restore private tribal lands that have been alienated to non-tribals; hence the petition asks for a Supreme Court order to enforce anti-alienation laws, while striking this law down.

Status: On March 28th, 2008 matter was heard for first time.  Notice issued to all parties.  In February 2009 petitioners filed an application seeking an interim order barring the District Level Committees from deciding on claims under the Act (the District Level Committees are the final authority for determining rights - see the end of "What is this Act about?" for more information).  On February 13th, the Court declined to grant any such order on a Central statute and instead decided to set up a fresh Bench to hear the matter in detail. In the next hearing on March 2nd, the Court again declined to consider the application for an interim order, and directed that the matter be posted before a three judge Bench in the third week of April 2009. The Court also posted the Central government's transfer application regarding some of these High Court cases before this three judge Bench.

When the matter was heard on May 4th, the Court once again declined to issue any interim order, despite repeated appeals by petitioners' counsel Raj Punjwani.  The matter has now been posted for August.

Wildlife First and Ors. vs. Union of India and Ors. (WP 109/2008)

Petitioners: Wildlife First, Nature Conservation Society, Tiger Research and Conservation Trust
Respondents: Union of India, MoEF, MoTA.

  Includes all the basic arguments as well as those in the BNHS petition along with a few additional points:

Regularisation of "encroachment" has already been done and has failed to stop encroachment;

The inclusion of non-tribals in the Act is a threat to tribals.

 

Status: As with the BNHS case above.  The two matters are tagged with each other.