Shimla:
The Forest Rights Act (FRA), 2006 was brought in to give justice to forest-dwelling communities. But in Himachal Pradesh, it’s now raising more questions than answers — especially when it comes to those claiming rights under the Other Traditional Forest Dwellers (OTFD) category.
Elder’s Statement: How Can Anyone Prove 1930 in 2025?
The law says OTFDs must have lived in the forest for three generations (75 years) before 2005 — which means since 1930. One way to prove this is through an elder’s statement.
But let’s be honest — to give a first-hand account of 1930, the elder must be over 105 years old today. How many such elders are even alive? This raises serious doubts on how valid such claims really are.
Livelihood or Loophole?
FRA was meant to help poor, marginal farmers who rely on forests for basic survival. But in Himachal, even people with private land, jobs, and big apple orchards are applying under OTFD — and getting land rights.
That’s not just bending the law — it’s killing its spirit. This opens the door for misuse by powerful encroachers.
No Criteria, No Checks
There’s no income limit, landholding cap, or background check in the law for OTFD applicants. That means anyone can claim they depend on forests — even if they don’t. This makes the law completely vulnerable to misuse.
4 Hectares for Everyone?
The FRA allows up to 4 hectares to be allotted across the country. But in Himachal, even 1–2 bighas of horticulture land can give good income. Giving 4 hectares here — without checking if the person really needs it — is clearly arbitrary.
Law-Breakers Get Rewarded?
Those who’ve encroached on forest land get to claim rights under FRA. But those who followed the rules and didn’t grab forest land? They get nothing.
This seems to go against Article 14 of the Constitution, which guarantees equality. The law, in its current form, ends up rewarding the wrong people.
Why Repeated Claim Invitations?
FRA came into effect in 2007. Claims were invited and settled at the District Level Committees. But even now, Gram Sabhas keep inviting fresh claims, again and again.
While the Tribal Affairs Ministry says there’s no cut-off date — because some people in remote areas might not have known — this doesn’t apply in Himachal. Most OTFD applicants here live in mainstream villages and know the system well.
Re-inviting claims only encourages false claims, encroachments, and stalls legal eviction.
Claims on Evicted Land?
There’s no clear line in the law saying you can’t claim evicted forest land. So now, some people are trying to grab back land they were legally removed from — by filing new FRA claims.
This must stop. A rule is urgently needed: No claim on land already in possession of the Forest Department after eviction. Period.
Roads Under Section 3(2): Real Need or Excuse?
FRA allows diversion of forest land under 1 hectare for roads and other basic needs. The idea was to help remote villages with no access.
But now, villages with multiple existing roads are asking for more under this rule — sometimes just to help 1 or 2 houses — while forests are being cleared without proper study.
There’s no system to check if such roads are really needed or if the ecological damage is worth it. That’s dangerous.
Time to Fix the Law Before Forests Vanish
The Forest Rights Act was meant to serve the poor and powerless. But in Himachal, it’s being stretched to legalise encroachments, halt evictions, and cut forests for questionable projects.
The state must:
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Set clear eligibility rules for OTFD claims
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Stop repeat claims, especially in non-tribal, aware populations
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Ban claims on evicted lands
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Put a proper review system in place before forest diversion under Section 3(2)
We need justice — but not at the cost of forests, fairness, or future generations.
#FRAHimachal #ForestRightsAct #EncroachmentVsJustice #OTFDLoopholes #SaveHimachalForests
