This story is from March 1, 2019

UP seeks review of SC order to evict tribals

The Supreme Court direction to evict tribals and other traditional forest dwellers (OTFD) from forest lands would have affected almost 75,000 families in UP alone.
UP seeks review of SC order to evict tribals
File photo of Supreme Court
LUCKNOW: The Supreme Court direction to evict tribals and other traditional forest dwellers (OTFD) from forest lands would have affected almost 75,000 families in UP alone. Even as the court stayed the order on a plea by the Centre, the state government on Thursday also filed a review petition against the order.
What is worth noting, however, is that against 93,644 claims that were filed with the government under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 till January 2019, a whopping 74,963 or more than 80% were rejected.
As per rules, a person is given land title if he/she is able to prove that they have been living in the specific area for at least 75 years or since three generations.
The National Commission for Scheduled Tribes, which had visited UP last month, had raised concerns with the high rate of rejections and thereby harassment of genuine claimants. It has also pointed out that caste certificates were being denied to tribals with lekhpals citing issues like 'they did not look tribal enough'. The commission has asked the government to look into the "flimsy reasons" behind such high rate of rejections.
"In a meeting chaired by chief secretary Anup Chandra Pandey, directions have been issued to district magistrates to review all rejected claims. All claims have to be examined properly, evidence examined, witnesses heard and then speaking orders have to be passed," said Manoj Singh, principal secretary, social welfare department.
Sources said that there were several complaints against district official for having rejected claims through summery proceedings, or without having heard affected parties or looked at proof. "Decisions were being taken ex parte or suo moto which is what has resulted in so many rejections. All rejected claims are now to be reviewed again," said an official.
UP's tribal population is restricted largely to its eastern belt with Sonebhadra accounting for the highest number of tribals and OTFDs.
The government had received claims from the districts of Chitrakoot, Sonbhadra, Bahraich, Balrampur, Mirzapur, Lalitpur, Chandauli, Lakhimpur Kheri, Gorakhpur, Maharajganj, Gonda, Bijnore and Saharanpur.
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