Court quashes criminal cases registered against them
Justice B. Kemal Pasha made the observation while quashing criminal cases registered against some tribespeople living in Kuttampuzha, near Thodupuzha, for trespassing upon the reserve forest and clearing reeds.
The judge said ever since the enactment of the Forest Dwellers Act, tribespeople residing in forests and eking out a living by collecting forest produce could not be described as trespassers on the forest, especially when they did not commit any serious damage to any trees in the forest.
The court observed that when a beneficial legislation was enacted, such benefits could be extended to these tribespeople people in the interests of justice.
The cases were registered against the tribespeople under the provisions of the Kerala Forest Act on the basis of a complaint by the Kuttampuzha Forest Range Officer. The Range Officer alleged that they had trespassed upon the reserve forest, clearing reeds and undergrowth and tried to take possession of the forest land.
The Thodupuzha Sessions Court found the petitioners guilty of the offences and sentenced them to two years simple imprisonment. Counsel for the petitioners pointed out that there was no allegation that they had committed any other offences. As per the new enactment, the stringent provision had been watered down as far as the tribespeople were concerned.
The court said considering the benefits given to the tribals under the Act, the conviction and sentence should be set aside in the interests of justice.
The government submitted that the tribals had no authority to collect reeds or trespass into the reserve forest. It was a fact that the forest dwellers and their ancestors had been occupying the reserve forest.
Source: http://www.thehindu.com/todays-paper/tp-national/tp-kerala/tribespeople-not-trespassers-court/article4464709.ece
- Cases registered against them under provisions of Kerala Forest Act
- ‘Conviction and sentence should be set aside in the interests of justice’
Justice B. Kemal Pasha made the observation while quashing criminal cases registered against some tribespeople living in Kuttampuzha, near Thodupuzha, for trespassing upon the reserve forest and clearing reeds.
The judge said ever since the enactment of the Forest Dwellers Act, tribespeople residing in forests and eking out a living by collecting forest produce could not be described as trespassers on the forest, especially when they did not commit any serious damage to any trees in the forest.
The court observed that when a beneficial legislation was enacted, such benefits could be extended to these tribespeople people in the interests of justice.
The cases were registered against the tribespeople under the provisions of the Kerala Forest Act on the basis of a complaint by the Kuttampuzha Forest Range Officer. The Range Officer alleged that they had trespassed upon the reserve forest, clearing reeds and undergrowth and tried to take possession of the forest land.
The Thodupuzha Sessions Court found the petitioners guilty of the offences and sentenced them to two years simple imprisonment. Counsel for the petitioners pointed out that there was no allegation that they had committed any other offences. As per the new enactment, the stringent provision had been watered down as far as the tribespeople were concerned.
The court said considering the benefits given to the tribals under the Act, the conviction and sentence should be set aside in the interests of justice.
The government submitted that the tribals had no authority to collect reeds or trespass into the reserve forest. It was a fact that the forest dwellers and their ancestors had been occupying the reserve forest.
Source: http://www.thehindu.com/todays-paper/tp-national/tp-kerala/tribespeople-not-trespassers-court/article4464709.ece
