SHRC Raps Maharashtra Govt Over Policy Gaps In CFR Compensation For Rehabilitated Adivasis

Mumbai: The State Human Rights Commission (SHRC) has pulled up the Maharashtra government over the lack of clarity and action regarding compensation for Community Forest Rights (CFR) of rehabilitated Adivasi communities, particularly from Pastalai village in Melghat, Amravati district.

During a recent hearing, the SHRC reviewed replies and affidavits submitted by key authorities, including the Divisional Forest Officer, District Collector, and the Tribal Development Department, and noted with concern that there is no clearly identified department responsible for formulating a policy to provide monetary compensation for community forest rights granted under the Forest Rights Act, 2006.

As per the affidavit submitted by the Divisional Forest Officer, the Divisional Level Forest Rights Committee, Amravati, had in an order dated April 9, 2021, accepted the Community Forest Rights (CFR) of Pastalai village — a settlement located in a Critical Tiger Habitat — under certain conditions. Notably, the CFR was accepted only in monetary form, pending final approval of a compensation formula by the state government.

Quoting the government resolution dated September 28, 2020, the affidavit stated that the State Government is empowered under Section 42(3) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 to devise such a formula, which is currently “under consideration”.

Further communication from August 2021 between the Divisional Level Forest Rights Committee and the Chief Conservator of Forests and Field Director, Melghat, also acknowledged the same.

The Commission also took note of a related writ petition (WP No. 5376/2022) filed before the Nagpur Bench of the Bombay High Court, in which a petitioner has specifically raised the issue of CFR compensation for Pastalai villagers. However, the Commission found that the prayer in the writ petition did not refer directly to policy formation, further underlining the policy vacuum.

The District Collector’s reply, confirmed that the process to draft rules for calculating CFR compensation is ongoing at the state level, but failed to specify which department is leading the process.

The Tribal Development Department, in its reply , stated that the subject of CFR compensation does not directly fall under its jurisdiction, though it has sought detailed information from the Amravati Collector on the matter.