The Role Of Judicial Precedents In Shaping Forest Policies: A Comprehensive Analysis
- IJLLR Journal
- Apr 10
- 1 min read
Sonia Johnson D’souza, School of Law, Research Fellow at Ajeenkya DY Patil University (ADYPU), Charoli Budruk, Pune, Maharashtra, India.
ABSTRACT
This paper explores the long-standing conflict between India’s indigenous tribal communities and the state over forest rights. Forests, which tribal populations regard as their ancestral homes and lifelines, are regulated by numerous legal frameworks. The study examines how judicial rulings have shaped key forest policies and the resulting consequences on the lives and livelihoods of forest-dependent tribal communities. Adopting a comparative approach, the research analyzes significant court decisions alongside major policy developments to understand their interconnected impact. In doing so, it also proposes potential policy directions that aim to balance legal recognition of tribal rights with sustainable forest governance. The paper underscores the importance of aligning tribal rights with broader development goals, ensuring that conservation efforts and local empowerment go hand in hand. It further considers multiple influencing factors such as international conventions, societal perspectives, and legal complexities that play a role in shaping forest governance. A detailed timeline tracing the evolution of forest legislation in India is included to contextualize the shifting dynamics between legal authority, tribal entitlements, and developmental priorities. This research aims to offer insights that could be valuable to policymakers and scholars engaging with the legal and social dimensions of forest rights in India.
