Agasthyamalai Evictions Raise Questions Over Forest Rights Act Safeguards
The Forest Department has launched large-scale eviction efforts in the Agasthyamalai Biosphere Reserve following a Supreme Court mandate. Legal experts warn these actions bypass protections established by the Forest Rights Act to address historic grievances of tribal communities.
Key takeaways
- The Supreme Court has ordered a time-bound eviction plan for thousands of households in the Agasthyamalai Biosphere Reserve based on CEC findings.
- The Forest Rights Act of 2006 prohibits evictions until the legal recognition and verification of claims by forest dwellers are finalized.
- Over 5,000 hectares in the Srivilliputhur-Megamalai Tiger Reserve are targeted for recovery, involving over 4,600 alleged encroachers.
- The Tamil Nadu government faces the potential deployment of paramilitary forces if court-ordered eviction timelines are not met.
- The status of 3,388 hectares previously leased to BBTCL is under review for ecological restoration or infrastructure removal.
Why It Matters
The current eviction drive in the Agasthyamalai Biosphere Reserve (ABR) highlights a growing tension between judicial mandates for conservation and the statutory rights of forest-dwelling communities. While the Supreme Court seeks to restore ecological integrity, the process risks bypassing the Forest Rights Act (FRA) of 2006, which was specifically designed to protect traditional dwellers from arbitrary removal.
Background
In March 2025, the Supreme Court tasked the Central Empowered Committee (CEC) with surveying the 3,500 sq. km ABR landscape across Kerala and Tamil Nadu. The investigation aimed to identify non-forestry activities violating the Forest Conservation Act and the Wild Life (Protection) Act. Following reports submitted in July 2025 and January 2026, the Court ordered a time-bound plan to remove thousands of households, primarily in the Theni district, alleging illegal encroachment on forest land.
Key Facts
- Srivilliputhur-Megamalai Tiger Reserve: Records indicate approximately 4,601 individuals have occupied 5,072.6 hectares, including 15 hectares held by 118 government employees.
- Kalakad-Mundanthurai Tiger Reserve: The Bombay Burmah Trading Corporation, Ltd. (BBTCL) has returned roughly 3,300 hectares of leased land, while the state must now decide the fate of remaining infrastructure and the 99 families settled there since 1942.
- Legal Protections: The FRA prohibits the removal of alleged encroachers until the verification of individual and community rights by gram sabhas and district committees is fully completed.
- Judicial Immunity: The Court has granted immunity from prosecution to officials involved in the eviction process, provided their actions are not found to be arbitrary or in bad faith.
- Enforcement: The CEC has been authorized to recommend the deployment of paramilitary forces if the Tamil Nadu government fails to execute the eviction orders.
What Happens Next
The state must now navigate a complex legal landscape where the FRA and Supreme Court directives appear to conflict. While the court has prohibited any new non-forest activities until current occupants are removed, the Tribal Department remains under pressure to address claims that have not yet been processed. The utilization or dismantling of corporate infrastructure belonging to BBTCL will also be determined in consultation with the CEC, marking a shift in land management within the tiger reserve.
Source: The Hindu — Sci-Tech
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