Eviction of Encroachments in Agasthyamalai Biosphere Reserve
The Supreme Court orders time-bound eviction of forest encroachments in the Agasthyamalai Biosphere Reserve (ABR). It also orders removal of non-forestry activities within critical protected areas like the Kalakkad Mundanthurai Tiger Reserve and Srivilliputhur-Megamalai Tiger Reserve, and prohibits diversion of forest land or the start of new non-forest activities within the ABR until all encroachments are removed.
Agasthyamalai Biosphere Reserve - Orders and Provisions:
| Dimension | Key Details |
|---|---|
| Administrative action | The Forest Department has issued eviction notices to thousands of households on the Tamil Nadu side alleging encroachment of forest land. |
| Forest Rights Act (FRA) | The Parliament enacts the Forest Rights Act in 2006. |
| FRA: eligible right-holders | The FRA recognises and vests forest rights in forest-dwelling Scheduled Tribes and other traditional forest dwellers who have occupied forest land before December 13, 2005. |
| FRA: claims process | The FRA provides for a transparent process to claim individual and community rights, to be verified and approved by gram sabhas. |
| FRA: committees | Six-member subdivision-level and district-level committees, with representatives from the Revenue, Tribal, and Forest Departments and the elected members of panchayats, have to examine claims and issue titles. |
| FRA: occupation requirement | The FRA does not require that traditional forest-dwellers have to have occupied the land they are claiming for three generations before 2005 (75 years). |
| FRA: commercial activities and livelihood | The FRA does not prohibit commercial activities on all forest lands, and defines “bonafide livelihood needs” to include the “sale of surplus produce arising out of exercise of such rights”. |
| FRA: protection from eviction | The FRA prohibits authorities from evicting people who have allegedly encroached on forest land till the recognition and verification procedure is complete. |
| SC/ST (Prevention of Atrocities) Act, 1989 linkage | Violating forest rights has been described as an atrocity under the SC/ST (Prevention of Atrocities) Act 1989 since 2016. |
| ABR: state coverage | The ABR spans Kerala, including parts of Pathanamthitta, Kollam, Idukki, and Thiruvananthapuram, and Tamil Nadu, including Tirunelveli, Kanyakumari, Tenkasi, Theni, and Dindigul. |
| ABR: protected areas covered | ABR covers protected areas: Kalakad-Mundanthurai Tiger Reserve; Srivilliputhur-Megamalai Tiger Reserve; Nellai Wildlife Sanctuary; Kanyakumari Wildlife Sanctuary; Periyar Tiger Reserve; and Shendurney Wildlife Sanctuary. |
| UNESCO listing | The ABR has been added into UNESCO's World Network of Biosphere Reserves in 2016. |
| Tribal community | Kanikkarans are the original tribal settlers in the Agasthyamalai Biosphere Reserve. |