Availability of subsidized timber is a Forest Right

In 2016 Jammu & Kashmir Government handed over the responsibility of public distribution of timber to the State Forest Corporation (SFC) which is now known as Jammu & Kashmir Forest Development Corporation (FDC) (post article 370 abrogation). SFC, a state owned public sector undertaking (PSU), was established under the J&K State Forest Corporation Act, 1978. Prior to 2016 the work of timber distribution was looked after by the Forest Department through its Divisional Forest Offices and Range Offices. The officials of the forest department (territorial wing) had shown their resentment against the decision taken to give timber distribution work to Forest Corporation. It is believed that the then Forest Minister Chowdhary Lal Singh had taken this decision arbitrarily without any consultation with various stakeholders.

Forest officials from the territorial wing claim that they have adequate staff and manpower across J&K as compared to Forest Development Corporation (FDC). Some senior forest officers had claimed that sale of timber through Forest Corporation would lead to crises. That may be true to some extent but there is also a tussle involved in this process as the territorial wing of the forest department had more control over forest resources in the past than forest corporation and giving more powers to SFC was challenging their competence and authority.

In this article I am not going to discuss these things, but there is an important issue which is related to depriving supply of subsidized timber to the people living near demarcated forest areas. There are regular complaints pouring in from the nook and corner of Jammu & Kashmir wherein people who live in close proximity of forests allege that Government is not making timber available for them as they have the right to get the timber on subsidized rates. In the past also they were given preference by the Govt but after SFC (FDC) took over they no more get subsidized timber.  The non-availability of timber for these people  who mostly belong to economically weaker sections of society is a matter of serious concern and FDC being a public sector undertaking doesn’t seem to respect policies that would ensure supply of timber on concessional rates.

Visit to Pal Maidan

Few days back I happened to visit the Pal Maidan area in the Raithan forest range of Budgam. I was in the area in connection with some awareness building campaign on the Forest Rights Act (FRA) as people from nearby villages which includes gujjar population, shepherds (chopans), other traditional forest dwellers have started migrating to meadows and forest areas along with their livestock. There are many log huts (kothas) which have been damaged during this season’s huge snowfall but the forest officials are reluctant to allow owners of these huts to repair them. The officials say that they have no clear cut orders from the higher-ups. To repair these huts people need wooden logs which is not made available to the forest dwellers. There are many people who don’t even migrate for the last many decades and these people are also demanding permission to construct new huts. Such people who are mostly well-off are actually creating hindrances for the people who deserve to get entitlements under the Forest Rights Act (FRA).

In Pal Maidan I saw a huge quantity of timber lying scattered inside a vast meadow. Some the local migratory population told me that it has been lying there for the last 3 years or more. I was told that timber extracted from Forest Range Raithan in Budgam district (Pir Panjal forest division) is transported to Ganderbal, Srinagar and Baramulla by forest development corporation (FDC) while locals are deprived from getting even 10 to 15 cubic feet of timber. Locals said they have applied for timber 3 to 4 years back but not got a sanction from FDC ?

Resolution by Gram Sabha

The villagers of Basant Wodder, Draggar, Thaz Wodder and Mujpathri face lots of difficulties on account of non availability of timber for purpose of construction and minor repairs of residential houses. Those who afford (5 to 10 % of the population) get the same from the open market. Rest use inferior ply-boards which is so unfortunate and I relate this with an urdu proverb “chirag talay andhera” – the nearer the church, the farther from God. There are fallen timber logs which get rotten inside our local forest area but Govt is not allowing its sale to people on subsidized rates. Because of poverty some people get involved in illegal acts of axing forest trees. This is not the case in Raithan forest range only but I have witnessed this problem in Doodh Ganga forest range as well. Thousands of cubic feet of fir and kail timber is extracted by J&K Forest Development Corporation in Yusmarg area which is part of Doodh  Ganga forest range, but the timber is not made available to local residents of Nagbal , Kanidajan , Darwan , Pakherpora or surrounding areas on subsidized rates.  The situation is same in North Kashmir , South Kashmir , Poonch, Rajouri, Doda and Kishtwar as well.

” In past we were getting subsidized timber under Kashmir Notice programme of J&K Forest Department but that has stopped now. On one hand Govt says we as a community have several forest rights, can’t Govt provide us timber on subsidized rates as these forests belong to us for last many centuries. Gram Sabha of our Panchayat, plus few more have passed a resolution urging upon Deputy Commissioner Budgam to intervene” Ghulam Nabi Shah, local Sarpanch of Draggar village told this author.

Conclusion

Under the Forest Rights Act (FRA) there are several right of forest dwelling Scheduled Tribes and other traditional forest dwellers on all forest lands, namely community rights such as nistar, by whatever name called, including those used in erstwhile Princely States, Zamindari or such intermediary regime. During the time of Dogra rulers or even after that, the residents living near forest area would get highly subsidized timber under Kashmir notice and Jammu notice. On 22^nd November 2018 the then State Administrative Council (SAC) headed by Governor Satya Pal Malik in its order said that concessions given to villagers whose village boundary lies within 5 kms of the demarcated forest boundary shall continue to be granted subsidized timber under Kashmir Forest Notice and Jammu Forest Notice subject to availability of timber. If thousands of cubic feet of timber is extracted from forests adjoining Pal Maidan in Raithan range how can Govt deny the supply of the same timber to villagers who live in the vicinity. Government must take a serious notice of this issue…

Dr Raja Muzaffar Bhat is an Acumen Fellow. He is Founder & Chairman of Jammu & Kashmir RTI Movement