The Forest Department has issued eviction notices to thousands of households living in the Agasthyamalai Biosphere Reserve (ABR), especially in Tamil Nadu’s Theni district, following directions issued by the Supreme Court based on the findings of the Central Empowered Committee (CEC).
The eviction drive has triggered a debate over the balance between forest conservation objectives and the protection of traditional forest dwellers’ rights under the Forest Rights Act (FRA), 2006.
Background of the Agasthyamalai Biosphere Reserve Eviction Orders
Supreme Court and CEC Survey
- In March 2025, the Supreme Court directed the Central Empowered Committee (CEC) to conduct a detailed survey of the Agasthyamalai region.
- The survey aimed to identify non-forest activities and violations under the Forest Conservation Act, 1980 and the Wild Life (Protection) Act, 1972.
Court Directions on Encroachments
Based on the CEC report, the Supreme Court directed the removal of:
- Illegal non-forestry activities.
- Commercial infrastructure inside protected areas.
- Encroachments in important conservation landscapes.
The affected areas include:
- Kalakkad–Mundanthurai Tiger Reserve
- Srivilliputhur–Megamalai Tiger Reserve
The Court directed the Tamil Nadu government to prepare a time-bound eviction plan, along with:
- Rehabilitation measures wherever applicable.
- Ecological restoration of affected areas.
Conflict Between Conservation and Forest Rights
The eviction process has raised concerns among tribal rights groups and forest rights activists.
While authorities argue that removal of illegal occupation is necessary for protecting fragile ecosystems, critics argue that the process may overlook the legal safeguards provided to traditional forest communities under the Forest Rights Act, 2006.
The central issue is ensuring a balance between:
- Protection of biodiversity.
- Rights and livelihoods of forest-dependent communities.
Key Concerns Regarding the Eviction Orders
Bypassing Forest Rights Verification Process
The Forest Rights Act (FRA), 2006 provides a structured process for recognising forest rights through:
- Gram Sabhas.
- Forest Rights Committees.
- Sub-Divisional and District-level committees.
Concerns have been raised that many occupants are being treated as illegal encroachers without completing the legally mandated verification process.
Violation of Eviction Safeguards Under FRA
The FRA states that forest dwellers cannot be evicted until:
- Their claims are properly filed.
- Rights are verified and recognised.
Premature eviction may violate the statutory protection provided to eligible forest communities.
Concerns Regarding SC/ST Protection
Wrongful dispossession of an eligible Scheduled Caste or Scheduled Tribe person from recognised forest land rights may attract provisions under the:
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Interpretation of Traditional Forest Dweller Criteria
The FRA requires Other Traditional Forest Dwellers (OTFDs) to prove residence and dependence on forests for three generations (75 years) before 13 December 2005.
However, activists argue that authorities often impose additional conditions, such as proving occupation of the exact piece of land continuously, which is not explicitly required under the Act.
Livelihood Restrictions
Concerns have also emerged regarding restrictions on forest-based livelihoods.
The FRA allows:
- Collection and sale of Minor Forest Produce.
- Grazing rights.
- Livelihood activities based on traditional forest use.
Critics argue that all economic activities should not automatically be classified as illegal commercial exploitation.
What is the Forest Rights Act (FRA), 2006?
The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 aims to correct historical injustice faced by forest communities by recognising their traditional rights over forest resources.
The Act provides legal recognition to:
- Forest Dwelling Scheduled Tribes (FDST).
- Other Traditional Forest Dwellers (OTFD).
who have been dependent on forests for their livelihood and survival.
Objectives of the Forest Rights Act
The Act aims to:
- Recognise traditional forest rights.
- Provide livelihood and food security to forest communities.
- Strengthen community participation in forest conservation.
- Promote sustainable management of forest resources.
Role of Gram Sabha Under FRA
The Gram Sabha plays a central role in the implementation of FRA.
It is responsible for initiating the process of determining:
- Individual Forest Rights (IFR).
- Community Forest Rights (CFR).
This decentralised approach ensures participation of local communities in decision-making.
Types of Rights Recognised Under FRA, 2006
Title Rights
- Provides ownership rights over forest land actually cultivated by eligible forest dwellers.
- The maximum land limit is 4 hectares.
- No fresh forest land can be allocated.
Use Rights
These include rights related to:
- Collection of Minor Forest Produce.
- Grazing.
- Access to traditional forest resources.
Relief and Development Rights
The Act provides protection against:
- Illegal eviction.
- Forced displacement.
It also enables access to basic facilities while maintaining ecological safeguards.
Forest Management Rights
Communities have the right to:
- Protect.
- Regenerate.
- Conserve.
- Manage community forest resources.
This promotes participatory forest conservation.
Key Facts About Agasthyamalai Biosphere Reserve (ABR)
Geographical Location
- The Agasthyamalai Biosphere Reserve is spread across approximately 3,500 sq. km.
- It is located in the southern Western Ghats across:
- Tamil Nadu.
- Kerala.
Protected Areas Included
Tamil Nadu
The reserve includes:
- Kalakkad–Mundanthurai Tiger Reserve.
- Srivilliputhur–Megamalai Tiger Reserve.
- Nellai Wildlife Sanctuary.
- Kanyakumari Wildlife Sanctuary.
Kerala
It includes:
- Periyar Tiger Reserve.
- Shendurney Wildlife Sanctuary.
Tribal Communities and Cultural Importance
The reserve is home to several indigenous communities, including the Kani tribe.
These communities have traditionally depended on forests for:
- Livelihood.
- Medicinal knowledge.
- Cultural practices.
The region represents an important example of the relationship between biodiversity conservation and indigenous traditions.
Ecological Significance of ABR
- Agasthyamalai is part of the Western Ghats biodiversity hotspot.
- It supports rich flora and fauna and provides habitat for several endangered species.
- The reserve was included in the UNESCO World Network of Biosphere Reserves in 2016.
Conclusion
The Agasthyamalai Biosphere Reserve issue highlights the complex challenge of balancing environmental conservation with social justice.
While protecting fragile ecosystems and wildlife habitats is essential, conservation efforts must also respect the legal rights of genuine forest dwellers recognised under the Forest Rights Act, 2006.
A sustainable approach requires:
- Scientific conservation.
- Transparent verification of claims.
- Community participation.
- Rehabilitation and livelihood protection wherever necessary.
Such a balanced framework can ensure both forest protection and justice for indigenous communities.
Agasthyamalai Biosphere Reserve Eviction Issue: FAQs
What is the Agasthyamalai Biosphere Reserve?
The Agasthyamalai Biosphere Reserve (ABR) is a biodiversity-rich region of the southern Western Ghats spread across Tamil Nadu and Kerala, known for its forests, wildlife and indigenous communities.
Why are eviction notices being issued in the Agasthyamalai Biosphere Reserve?
Eviction notices have been issued to remove illegal encroachments and non-forest activities in protected areas, following directions of the Supreme Court based on findings of the Central Empowered Committee (CEC).
What is the Forest Rights Act, 2006?
The Forest Rights Act (FRA), 2006 recognises the traditional forest and livelihood rights of Forest Dwelling Scheduled Tribes (FDSTs) and Other Traditional Forest Dwellers (OTFDs).
What role does the Gram Sabha play under the Forest Rights Act?
The Gram Sabha plays a central role in identifying and verifying forest rights claims, including Individual Forest Rights (IFR) and Community Forest Rights (CFR).
What is the main issue in the Agasthyamalai eviction case?
The key issue is balancing biodiversity and wildlife conservation with the legal rights and livelihoods of genuine forest-dwelling communities under the Forest Rights Act, 2006.
