J&K’s Forest Rights Act: Policy, politics and promised relief

J&K’s Forest Rights Act: Policy, politics and promised relief

#JammuJournal: New guidelines seek to balance conservation with rights of tribal communities

FoR forest-dwelling communities of Jammu and Kashmir, particularly the Gujjars and Bakerwals, the recent government guidelines regarding the Forest Rights Act, 2006, have come as a relief amid anti-encroachment drives to remove illegal occupation of forest land around Jammu city.

The J&K Government recently announced measures to ensure a balanced approach towards the protection, conservation and sustainable management of forest resources while ensuring recognition and settlement of the legitimate rights of forest-dwelling Scheduled Tribes in accordance with the Forest Rights Act, 2006.

The new guidelines mandate that all action related to forest land, encroachment and forest rights will strictly conform to the Indian Forest Act, 1927 (16 of 1927), as applicable to the UT of J&K, the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, the rules made thereunder, the Wild Life (Protection) Act, 1972, and applicable environmental laws, judicial directions and instructions issued by the competent authorities from time to time.

The government has stressed the need to balance forest conservation with the recognition of legitimate forest rights in accordance with applicable statutory provisions.

The government has directed that wherever occupation of forest land is reported or comes to notice, the concerned forest authorities will undertake proper verification of the land status and classification, relevant forest and revenue records, nature and extent of occupation, period of occupation and other relevant facts and evidence concerning the claimant, including the nature and extent of any claim made under the Forest Rights Act, 2006.

In recent times, many alleged illegal encroachments have been removed from forest areas by the authorities, a move that has irked several political leaders. In May this year, Minister for Forest, Ecology & Environment and Tribal Affairs Javed Ahmed Rana had assured relief after over 30 homes of alleged encroachers were demolished by the authorities in the Raika forest on the outskirts of Jammu city.

The issue of encroachments has also taken a political turn, with the BJP claiming that forest land in Jammu was being grabbed to change the demography of the region. There have been protests by BJP leaders in Jammu in recent times, during which they urged the authorities to demolish encroachments in forest areas.

The government has further directed that where occupation is found to be unauthorised and is not covered by a forest right duly recognised under the Forest Rights Act, 2006, or otherwise protected under applicable law, the concerned forest authorities shall initiate appropriate action for prevention or removal of such occupation strictly in accordance with the Indian Forest Act, 1927, as applicable to the Union Territory of Jammu and Kashmir, other applicable laws and the prescribed procedure, with due regard to Section 4(5) of the Forest Rights Act, 2006.