Uttarakhand High Court Issues Landmark Order Protecting Van Gujjar Community's Forest Rights
In a significant ruling that upholds the rights of traditional forest-dwelling communities, the Uttarakhand High Court in Dehradun has issued a restraining order against the state government and forest department, prohibiting them from evicting members of the Van Gujjar community from forest land until their pending claims under the Forest Rights Act (FRA) are properly resolved.
Court Order Details and Key Restrictions
The January 22 order, delivered by a single-judge bench of Justice Alok Mahra and made public on Wednesday, specifically bars any eviction attempts or interference with the community's farming activities while their claims remain under consideration. The court has clarified that Van Gujjars may continue to occupy and cultivate the land, but with an important limitation: "The land in question shall be used solely for cultivation. No commercial or non-agricultural activity shall be carried out until final adjudication," the bench explicitly stated.
Background of the Legal Petition
The ruling came in response to a petition filed by Mohammad Ali and other community members from Udham Singh Nagar district, who sought judicial protection against what they described as forced eviction attempts by forest officers despite having pending claims under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.
According to the petition, forest officers were threatening to remove community members without completing legal formalities, while simultaneously preventing them from engaging in their traditional farming activities. The petitioners revealed they had sent legal notices and representations to the district magistrate and forest officers in May and June 2025 regarding their claims over forest land in the Terai East division, but received no response to their communications.
Community Profile and Legal Framework
Van Gujjars represent a semi-nomadic pastoral community primarily found in Uttarakhand and western Uttar Pradesh. They maintain a traditional lifestyle of seasonal migration with their buffalo herds, residing in forest zones that increasingly fall within reserved or protected areas. The Forest Rights Act of 2006 provides legal recognition of land and livelihood rights for such communities, provided they meet the eligibility criteria established under the legislation.
Legal Arguments and State Response
During proceedings, the petitioners' counsel argued that the Van Gujjars, as a traditional forest-dwelling community, depend entirely on livestock rearing and farming for their subsistence. "Months have passed since we submitted our claims, yet no action has been taken," the lawyer emphasized, asserting that the failure to process their claims violated fundamental principles of natural justice.
The state government, in its response, acknowledged the delay in processing claims but attributed it to practical difficulties. "The gram pradhans and other local officials required for processing the applications were unavailable. That is why claims could not be reviewed yet," the government stated, while simultaneously maintaining that "no punitive or eviction action has been initiated so far."
Broader Context and Historical Precedents
This case occurs against a backdrop where Van Gujjar families have repeatedly reported receiving eviction notices and displacement threats even while their applications remain under official review. Courts in earlier cases have consistently intervened to halt forced evictions, establishing judicial precedent that protects the right of forest-dwelling communities to remain on their traditional lands until their legal claims receive proper adjudication through established procedures.
Court's Final Directions and Implications
After considering all submissions, the Uttarakhand High Court directed that all pending Forest Rights Act claims be resolved at the earliest opportunity, following the procedures meticulously laid out in the law. This ruling not only provides immediate relief to the Van Gujjar community but also reinforces the judiciary's role in safeguarding the rights of vulnerable populations against potential administrative overreach.
