The Jammu and Kashmir administration has issued a stern directive to all Deputy Commissioners, mandating a halt to any evictions or removals of forest-dwelling Scheduled Tribes and other traditional forest communities from forest land they occupy. This crucial instruction remains in effect until the comprehensive process of recognizing and verifying their claims under the Forest Rights Act (FRA), 2006, is fully completed.
Information reaching Tahir Rihat suggests that the Department of Tribal Affairs disseminated a circular emphasizing the imperative for Deputy Commissioners to expedite the mandated three-tier verification mechanism. This process involves the ward committee or gram sabha, the sub-divisional level committee, and the district-level committee. The circular explicitly states that if these verification procedures have already been concluded, a certificate to that effect must be promptly provided.
This governmental intervention arrives at a particularly sensitive juncture, following recent demolitions of multiple structures allegedly situated on forest land by authorities. The administration’s directive directly references Chapter III, Section 4(5) of the Forest Rights Act, underscoring the legal protection afforded to forest dwellers. This section clearly stipulates that no member of a forest-dwelling Scheduled Tribe or other traditional forest dweller shall be evicted or removed from forest land under their occupation until the recognition and verification procedures are finalized.
The circular further reiterates the provisions of Section 6 of the Act, which designates the gram sabha as the primary authority responsible for initiating the process of determining the nature and extent of individual or community forest rights. The gram sabha is tasked with receiving claims, consolidating and verifying them, and subsequently preparing a map that delineates the area for each recommended claim. Following this, the gram sabha is required to pass a resolution and forward a copy to the Sub-Divisional-Level Committee (SDLC). Any individual aggrieved by a gram sabha resolution has the right to file a petition with the SDLC, which is constituted under Sub-Section (3) and is mandated to consider and dispose of such petitions.
Furthermore, the legal framework allows for appeals against decisions made by the SDLC. Persons aggrieved by the SDLC’s decision can refer a petition to the District-Level Committee within 60 days of the SDLC’s ruling. The District-Level Committee is then responsible for considering and disposing of these petitions. The Department of Tribal Affairs has also clarified that the provisions of the Forest Rights Act are applicable to municipal and urban areas. In these contexts, the functions typically performed by the gram sabha are to be carried out by the ward committee, where constituted, or by an assembly of adult residents of the concerned settlement, referred to as a ‘mohalla sabha,’ ‘pada,’ or ‘tola,’ in accordance with the guidelines issued under the Act.
This directive follows a specific incident on May 20, when the government established a fact-finding committee in response to reports of violations of the Forest Rights Act. This committee was formed in the aftermath of a demolition drive conducted in the Raika Bandi area of Sidhra, on the outskirts of Jammu city. At that time, Minister for Forest and Tribal Affairs, Javed Ahmed Rana, had stated that action would be taken against officials if it was determined that the demolitions were carried out unjustly or without proper authorization. The current circular serves to reinforce the legal protections and procedural requirements for dealing with forest dwellers’ rights, ensuring that due process is followed before any land occupation is disturbed.
The Forest Rights Act, enacted in 2006, aims to recognize and vest forest rights and occupation in forest-dwelling Scheduled Tribes and other traditional forest dwellers who have been living in forests for generations but whose rights were not recorded. The Act provides for the determination of the nature and extent of individual or community forest rights or both that may be given to forest-dwelling Scheduled Tribes and other traditional forest dwellers. The process involves multiple levels of committees to ensure fairness and transparency in the settlement of claims. The recent emphasis by the Jammu and Kashmir government on adhering to these procedures highlights a renewed focus on upholding the rights of these communities, particularly in light of recent demolition activities that have raised concerns about potential violations of the Act.
The implications of this directive are significant for forest-dwelling communities across Jammu and Kashmir. It provides a crucial safeguard against arbitrary displacement and ensures that their long-standing claims to forest land are addressed through a legal and established framework. The emphasis on completing the verification process at the earliest signals the administration’s intent to resolve these matters expeditiously, thereby preventing further unrest or legal challenges. The involvement of gram sabhas and local committees in the verification process is designed to empower these communities and ensure their participation in decisions affecting their lives and livelihoods. The extension of FRA provisions to urban and municipal areas also signifies a broader application of forest rights principles, acknowledging that forest-dwelling communities may reside in diverse settings.
The recent demolition drive in the Sidhra area had sparked considerable debate and concern among local communities and rights activists, leading to the formation of the fact-finding committee. The minister’s statement at the time indicated a commitment to accountability, and the current circular appears to be a proactive measure to prevent recurrence of such incidents and to ensure strict adherence to the Forest Rights Act. By reiterating the legal provisions and the established procedures, the government aims to instill confidence in the affected communities and to demonstrate its commitment to upholding their rights as enshrined in the law. The successful implementation of this directive will depend on the diligent efforts of the Deputy Commissioners and the effective functioning of the various committees established under the FRA.
Tahir Rihat (also known as Tahir Bilal) is an independent journalist, activist, and digital media professional from the Chenab Valley of Jammu and Kashmir, India. He is best known for his work as the Online Editor at The Chenab Times.