Dr. Javaid Rahi
In a significant move that will change the socio-economic profile of lakhs of forest dwelling people and tribal communities who were facing deprivation at all levels in Jammu and Kashmir, the Union Territory Government has started the process to hand over ‘individual’ and ‘community’ rights papers to the beneficiaries mainly drawn from Forest Dwelling communities and tribals which include Gujjar-Bakerwal and Gaddi-Sippi communities under the Forest Rights Act, 2006, which was extended to Jammu and Kashmir through the ‘Reorganization Act – 2019’. Home Minister of India Amit Shah also distributed FRA orders among tribal groups. The move has been largely hailed in the Forest Dwelling and tribal communities which constitute around one third population of J&K .
The J&K tribals use almost all the main areas of forests as they travel and migrate between the two regions viz Kashmir Valley and Jammu, in a year. In summers they migrate towards higher mountain ranges including Nun, Tatakuti, Hagshu, Kolahoi, Kala Pahar, Brammah, Kazinag, Sadhna, Samasbari and other areas of Pir Panjal, Zojila Hills and inner Himalayan ranges of mountains while in winter they shift to the Jammu plains or less hilly terrains. Forests and its resources mainly cover their needs for survival. Forests cover 101387 Sq. Kms of the geographic area of J&K UT. It lies between the Latitude 32°17’ and 37°05’ in the north and longitude 72°31’ and 80°20’ in the east.
Most of the population of Gujjars -Bakarwals, Gaddis and Sippis are pastoralists, agricultural labourers, small and marginal cultivators. A large chunk of this population lacks access to facilities such as food, education, roads, water, electricity and healthcare. As per the Annual Report 2019-20 published by Tribal Affairs Ministry Govt of India, they face neglect in almost all spheres of life at every level.
This is a matter of great satisfaction that due to the constant efforts of Tribal Affairs Department,Forest Department and the Administration the process is on to entertain the claims under FRA everywhere except few areas including the Forests located in Municipal areas which is likely to be taken up soon.
During a number of camps , I organized in different areas of J&K for spreading Awareness about the newly extended Forest Rights Act, in the community and among the FRC members, I observed many gaps which required to be filled up at the earliest . They are :
* Due to low literacy rate amongst tribes of Jammu and Kashmir, the understanding of the Act, Rules and Procedures is very poor. Even some officials attached with the FRA are not sufficiently informed.
* Coordination between FRC and Govt Staff during physical verification of claims is very low.
* Physical verification and demarcation & mapping have to be done in presence of FRC members only but Gram Sabha / FRC are not adequately informed and are facing neglect.
*The process of converting Forest Villages/’Old habitats’ into ‘Revenue village’ under FRA is still awaits since 5th of August 2021, in view of lack of public awareness .
* Further, it has been observed that in some areas Forest Right Committees do not represent 2/3rd Tribal and 1/3rd women ratio of members as warranted under the Act/Rules.
* Most of the FRCs are also not maintaining proper records of claims submitted to them due to the lack of transparency at village level. In some areas, the Forest Departments are still evacuating tribals from lands which is against the spirit of the Act.
* Obtaining caste (ST) certificate from Tehsildar (as evidence) in case of tribals is becoming difficult as a large number of Forest Dwellers are residing in the Forests and ST certificate is not to be issued without Revenue Records. In Odisha state, Gram Sabha is entitled to issue Tribal Certificate for FRA purposes, similar steps are required in J&K .
* The issues related to inter village/inter tehsils/inter district/inter-state claims are highest in number in J&K and the conflicts are also high regarding filing of claims. The Claims in the Joint names of man and woman need to be encouraged.
In view of these hurdles, a regular and sustained awareness campaign is required for a long time at all levels. Awareness about the aims, objectives, provisions, rules, procedures of the Act amongst the forest-dwelling Scheduled Tribes and other traditional forest dwellers and the concerned authorities under the Act is imperative that too through the J&K tribal languages and Hindi and Urdu, short videos, demonstrations etc. Another requirement is the translation and publication of the Act and the rules in all the local languages and its distribution to all Gram Sabhas, Forest Rights Committees, and also among Government departments.
Rechecking process for Forest Right Committees with regard to representation of 2/3rd Tribal and 1/3rd women in all the committees may be initiated. Encourage /introduce a process to convert Forest Villages/’Old habitats’ into ‘Revenue village’ under FRA through concerned DMs in a time bound manner as done in most of the states of India.
Providing free legal aid to those STs and OFD community is important whose claim is rejected at any levels for whatsoever reasons.
Obtaining caste (ST) certificate from Tehsildar (as evidence being Tribal) be exempted on the Odisha state model where Gram Sabhas are entitled to issue Tribal Certificate only for FRA purposes, similar steps are required in J&K .
Help FRCs to maintain proper records of the claims submitted under FRA .
Physical verification and demarcation & mapping have be done in presence of FRC members and the claimants.
Tribal groups are hopeful that the speedy implementation of Forest Rights Act-2006 in Jammu and Kashmir will not only provide the safeguards to rights and interests of Scheduled Tribe groups especially Gujjars, Bakerwals and Gaddis but will boost the tribal economy and improve their conditions of livelihood as well.
FRA is the biggest relief for them after the grant of ST status way back in 1991. The Forest Rights Act gives freedom to Tribal and other traditional forest-dwellers to use forests to sustain and earn their livelihood.
The struggle continues towards social, political and economic empowerment of the tribal population of J&K who have suffered massive neglect, deprivation and abandonment in all spheres of life but the implementation of FRA gives us hope that the goal towards a better and brighter future is not far.
(The author is a tribal researcher of J&K working on Gujjars-Bakarwals ST groups)
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