Commercial cultivation within forest land not protected under FRA, 2006: Supreme Court

Image used for representational purposes. File | Photo Credit: Murali Kumar K

The Supreme Court has made it clear that commercial crop cultivation within reserve forest areas is not protected under the Forest Rights Act (FRA), 2006.

The court has distinguished commercial cultivators and plantation owners from forest-dwelling Scheduled Tribes and Other Traditional Forest Dwellers, who have lived in forests for generations and depend on them for livelihood. Their rights are protected under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, commonly known as the FRA.

A Bench of Justices Vikram Nath and Sandeep Mehta recorded the court’s view in an order concerning extensive silk cotton cultivation within the reserve forests of the Agasthyamalai Biosphere Reserve.

The court, in its November 6 order, directed the Central Empowered Committee to examine the Tamil Nadu government’s opinion that silk cotton was a ‘minor forest produce’. Presently, 3,637.83 hectares of the 5,072.64 hectares of forest land are under silk cotton cultivation.

Contrary concept

However, the Bench made clear its prima facie view against the State’s claim of historical cultivation of silk cotton.

“What emerges from the government affidavits is the promotion and sponsored cultivation of silk cotton as a commercial crop… The concept of planned cultivation of commercial crops is totally contrary to the very concept of a naturally occurring minor forest produce,” the apex court noted.

“We are of the prima facie view that planned or promoted cultivation of a commercial crop inside the forest areas is completely impermissible, as no such right is recognised under the FRA, 2006. The Act recognises the right of forest dwellers to collect, use and dispose of minor forest produce in accordance with Section 3(1)(c). The cultivation of a commercial crop cannot, therefore, be recognised as a forest right so as to justify occupation or continued presence within the forest area,” the Bench said.

The court did not accept the Tamil Nadu government’s claim that the cultivation of silk cotton justified the presence of the cultivators in the forest area.

“If commercial crops are permitted to be cultivated in the forest areas, the very nature of the forest is bound to change,” Justice Mehta, who authored the order, observed.

The Bench said it was apparent from the government’s own affidavits that large swathes of forest had been destroyed under the garb of silk cotton.cultivation

Published - November 09, 2026 07:52 pm IST