Srinagar – A recent enquiry ordered by the Jammu and Kashmir government into the alleged violation of the Forest Rights Act (FRA) during a demolition drive in Jammu has been met with skepticism. People’s Conference president Sajad Gani Lone on Wednesday voiced his concerns, describing the probe as a mere eyewash, according to reports. Lone suggested that the enquiry’s true purpose would only be served if the claims of those affected under the Forest Rights Act are still pending.
Lone took to social media platform X to express his views, stating that the enquiry is akin to numerous magisterial probes ordered into civilian killings in Jammu and Kashmir over the past three decades. These probes, he argued, often serve to quell public anger without delivering substantial results.
Information reaching TahirRihat.com suggests that, Lone questioned the necessity of a seven-day timeframe to determine a potential violation of the FRA, suggesting that such a determination could be made swiftly. He emphasized that demolishing houses would constitute a violation of the FRA if the residents’ claims for individual or community rights are still under consideration.
Quoting Sub-section (5) of Section 4 of the Forest Rights Act, Lone elaborated that individuals from Scheduled Tribes or Other Traditional Forest Dwellers categories, who are living or farming on forest land, cannot be evicted or have their houses demolished until the recognition and verification process is complete. This protection remains in place until the FRA claims are fully rejected after due process. Lone criticized the government’s actions as another instance of denial and evasion of responsibility. He voiced a lack of surprise, remarking that he wouldn’t be surprised if the government praises the enquiry committee while simultaneously defending the demolition.
The demolition drive, conducted jointly by police and the forest department on Tuesday, targeted alleged encroachments on forest land in the outskirts of Jammu city. (Agencies reported that the authorities demolished around 20-30 structures to retrieve approximately 60 kanals of prime forest land in the Raika Bandi forest belt of the lower Shivalik range).
The affected families staged protests against the demolition, deeming the action unjust and alleging that it was carried out without any prior notice. Protestors claimed they received no warning before their homes were razed. The Forest Rights Act, enacted to protect the rights of tribal communities and other forest dwellers, has become a focal point of contention in Jammu and Kashmir, particularly in areas with significant forest cover. The Act recognizes the rights of these communities to inhabit and cultivate forest lands, subject to certain conditions and verification processes. The demolition drive and the subsequent enquiry have brought renewed attention to the implementation of the FRA and its impact on local communities.
The controversy surrounding the demolition drive highlights the delicate balance between environmental conservation and the rights of marginalized communities. The government’s actions have drawn criticism from political leaders and social activists, who argue that the FRA should be implemented in a manner that protects the interests of traditional forest dwellers. The ongoing debate underscores the need for a transparent and equitable approach to land management in Jammu and Kashmir, one that respects both the environment and the rights of its citizens. As the enquiry progresses, stakeholders will be closely watching to see whether it will lead to accountability and justice for those affected by the demolition.
The FRA, enacted in 2006, grants legal recognition to the rights of traditional forest dwelling communities, partially correcting the historical injustice caused by the non-recognition of their rights over forest land. It outlines the procedure for determining these rights, focusing on those who have been residing in and depending on the forests for generations. Furthermore, it emphasizes the role of Gram Sabhas (village assemblies) in the process, giving them the authority to initiate the recognition and verification of forest rights within their jurisdiction. The Act also includes provisions for diversion of forest land for public utility purposes, subject to certain conditions, including the consent of the affected Gram Sabhas.
This latest episode in Jammu reflects a long-standing tension between development initiatives and the protection of vulnerable populations’ rights. It also brings to light the challenges authorities face in balancing environmental concerns with the social and economic needs of local communities who are dependent on forest resources. The incident has sparked widespread debate over the effectiveness of existing policies in safeguarding forest rights and preventing future displacement. Activists and community leaders alike advocate for more inclusive and participatory decision-making processes that give due consideration to the views and concerns of all stakeholders, including those directly affected by developmental or conservation projects.
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.
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