Historical Injustices On Forest Lands And The Undoing Of Such Injustices Through The Forest Rights Act
- IJLLR Journal
- Apr 13
- 1 min read
Aagam Sharma, Research Scholar, Department of Laws, Himachal Pradesh University, Shimla
Prof. Umesh Kumar, Professor, Department of Laws, Himachal Pradesh University, Shimla
ABSTRACT
The forest legislations in pre-independence as well as in post-independence did not have sufficient measures to acknowledge and safeguard the forest rights of forest-dwelling communities. These communities, possessing deep knowledge of the forests, have historically lived in harmony with nature, utilizing its resources sustainably. Unfortunately, the laws did not recognize or honour their entitlements to land, livelihood, and cultural practices, leading to their marginalization and the erosion of their traditional lifestyles. These laws were frequently enforced through aggressive tactics, including the use of force by the state, resulting in human rights violations and disputes between people and the state. Furthermore, large-scale development projects, like mining and infrastructure, aggravated the injustices suffered by tribals and forest dwellers, as their lands are frequently used for such activities. The Indian Parliament, in an unprecedented move, acknowledged the prevalence of historical injustices experienced by numerous communities, marking an important milestone in the legislative history. As part of its objectives, the Forest Rights Act seeks to address and undo these injustices.
