Restitution provisions place a disproportionate burden on women and violate Articles 14 and 15(1) of the Constitution, say petitioner
On February 28, 2019, the Supreme Court stayed its February 13, 2019 order which could have caused possible eviction of 11.8 lakh tribal and traditional forest-dwellers. A three-judge bench comprising Justices Arun Mishra, Naveen Sinha and M R Shah has also asked the states to file affidavits stating clearly the procedure followed while rejecting the claims.
We appeal to the governments on both sides to refrain from further hostilities, overt or covert, and to resolve their differences within the framework of international law and human rights.
On February 27, 2019, the Central Government moved to the Supreme Court seeking to stay possible eviction of 11.8 lakh tribal and traditional forest-dwellers whose claims for right over forest land have been rejected under the Scheduled Tribes and Other Forest Dwellers (Recognition of Forest Rights) Act, 2006 (Forest Rights Act). Solicitor General Tushar Mehta mentioned, before the bench of Justices Arun Mishra and Naveen Sinha, the applications on behalf of the Central Government and the State of Gujarat for urgent hearing. The Court agreed to hear the matter tomorrow, February 28, 2019.