Engage Tribals & Local Residents Under MGNREGA To Remove Invasive Species In Western Ghats: Madras High Court Directs Centre, State

The bench of Justice V. Bharatidasan and Justice N. Sathish Kumar made the order in a petition highlighting the struggle of the Forest Department of State of Tamil Nadu for the removal of invasive species from the forest areas all over Tamil Nadu due to the lack of funds and lack of human resources.

The petitioner had submitted that the removal of these species was a herculean task and a continuous process that must be carried out for at least some years to ensure that these invasive species do not grow back. This process, thus, requires manpower and funds. The petitioner, therefore, suggested that the local community tribal people and other local people could be involved in the process so that the removal could be done more effectively.

On the other hand, the Ministry of Rural Development through their letter dated 15.02.2022 submitted that using the funds for the removal of invasive species like Prosopis Juliflora was non-permissible under the scheme. It was further submitted that as per Schedule-I IV Category D(3) of 4 of the Mahatma Gandhi National Rural Employment Guarantee Act 2005, the works which are non-tangible, not measurable, repetitive such as, removing grass, pebbles, agricultural operations shall not be taken up.

The court was, however, not inclined to accept this contention. According to the court, the object of the MGNREGA was to enhance the livelihood security of households in rural areas of the country by providing at least 100 days of guaranteed wage employment in every financial year. The Operational Guidelines also state that agricultural inputs and agricultural operations are not allowed. Removal of weeds and watering may be considered only for forestry plantation and horticulture limited for a duration of 2-3 years. Thus, a combined reading of the provisions makes it clear that the scheme includes the removal of weeds in the forest and also afforestation purposes.

"Therefore, in our view, the very afforestation includes removal of weeds and planting indigenous species in the forest. The afforestation meaning cannot be confined only to the planting of trees but also protect the existing forest from dying automatically due to the invasive plants. Clearing such weeds, regrowth of forest is automatic which also amounts afforestation"

The court also observed that these invasive species are a threat to the entire ecosystem and if they are not controlled, the whole forest may die in a few years. The invasive species also suppressed the secondary growth in the forest which made the fodder scarcity which ultimately leads to the animals like elephants staying outside the forests and coming into conflict with the human population. The court observed how the services of the tribals have already been engaged in many ways in protecting the forest in the form of Anti Poaching Watchers. Thus, the services of these real foot soldiers of the forest can also be used in the removal of the weeds under the MGNREGA to provide livelihood security.

Case Title: M. Saravanan Malaichamy v. The Principal Secretary and Others

Case No: WMP (MD) No. 5461 of 2022 in WP(MD) No. 3633 of 2014