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PETITION FILED BY LARKA IN SUPREME COURT REGARDING EVICTION OF FOREST DWELLERS

Team SoOLEGAL 4 Mar 2019 12:28pm

PETITION FILED BY LARKA IN SUPREME COURT REGARDING EVICTION OF FOREST DWELLERS

"The injustice done to the tribal people of India is a dark chapter in our country's history. The tribal were slaughtered by the invaders, powerful political leaders, Industrialist in large numbers, and the survivors and their descendants were degraded, humiliated, and all kinds of atrocities inflicted on them for centuries.
They were deprived of their lands, and pushed into forests and hills where they eke out a miserable existence of poverty, illiteracy, disease, etc. And now efforts are being made by some people to deprive them even of their forest and hill land where they are living, and the forest produce on which they survive."
- Read the petition.

A petition has been filed by Tarika Tarangini Larka, an Aadivasi woman from Chhattisgarh which sought the Supreme Court to direct the Authorities to not pass any orders evicting the forest dwellers. Also to set up an SIT to look into allegations of acquisition of tribal land in the country.
The petitioner belongs to Tribal community and based her petition on fundamental rights under Article 21, as well as Articles 238, 244, 245 and Schedule V and VI of the Constitution of India. She demanded protection of the rights of Adivasis to the possession and ownership of their land.
The petition has been filed in response to Supreme Court's order dated February 13 directing 21 States to evict 11.8 lakh illegal forest dwellers whose claims over the forest land have been rejected by the authorities.
The questions raised before the Court were

1. Whether Aadivasis can be evicted contrary to their Constitutional rightsj protected under Schedule V and VI?
2. Whether Aadivasis are not entitled to get back their land after being mined in repaired manner?
3. Whether Aadivasis/ tribals are not entitled to get costs/value of the mined mineral belonging to their land?
4. Whether all indigenous people belonging to forest/tribal areas are Aadivasi or not within Schedule V and VI of the Constitution of India?
5. Whether grabbing and transfer of the Aadivasi land is allowed under any law?

Some of the reliefs sought by the petitioner are as follows:
1. Directing provision of cost/value of the minerals extracted to Aadivasis/Tribals from the land which originally belonged to them.
2. Direction to the CBI to register an FIR under Section 3 and 4 of the SC/ST Act to investigate into such cases and file a report before the court for further action.
3. Forbid the authorities from transferring possession of any forest land belonging to a tribal/forest area to anyone other than an Aadivasi/Tribal belonging to that Tribal area.

Tagged: SupemeCourt   Larka   Tribal   Petition  
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