Commercial farming in forest land does not receive protection under Forest Rights Act

The Supreme Court has clarified that if commercial crops are cultivated within reserved forest areas, they will not receive protection under the Forest Rights Act (FRA), 2006. The apex court has drawn a clear distinction between commercial farmers and plantation owners versus forest-dwelling Scheduled Tribes and other traditional forest dwellers. These forest dwellers have lived in forests for generations and depend on forests for their livelihood, whose rights are protected under the Forest Rights Act, 2006.

A bench of Justice Vikram Nath and Justice Sandeep Mehta noted this trend in the context of large-scale cultivation of silk cotton (a type of forest produce) in the reserved forest areas of the Agasthyamala Biosphere Reserve. In the order passed on November 6, the court directed the Central Empowered Committee to examine the Tamil Nadu government's opinion that silk cotton is 'minor forest produce'. Currently, out of 5,072.64 hectares of forest land, 3,637.83 hectares are under silk cotton cultivation.

However, the Supreme Court expressed a preliminary view against the state government's claim regarding the historical cultivation of silk cotton. According to a report by The Hindu, the court noted that the government's affidavit suggests that silk cotton has been promoted and sponsored as a commercial crop. The court observed that the concept of planned cultivation of commercial crops is entirely contrary to the original concept of naturally occurring minor forest produce.

The bench further clarified that planned or promoted cultivation of commercial crops within forest areas is completely unacceptable, as no such right has been recognized under the Forest Rights Act, 2006. This law gives forest dwellers the right to collect, use, and dispose of minor forest produce under Section 3(1)(c). Therefore, commercial crop cultivation cannot be recognized as a forest right to justify investment or continuous presence in forest areas.

The court did not accept the Tamil Nadu government's claim that silk cotton cultivation justifies the presence of farmers in forest areas. Justice Mehta, writing the order, observed that if commercial crop cultivation is permitted in forest areas, it is certain that the original nature of forests will change. The bench also stated that the government's own affidavit makes it clear that large parts of forests have been destroyed under the pretext of silk cotton cultivation.

The Forest Rights Act (FRA), 2006 was an act enacted to recognize and protect the forest-based rights of forest dwellers and other traditional forest dwellers in India. The purpose of this law was to ensure the social and economic rights of people living in forests.