Claimants grapple to get benefits under Forest Rights Act ?
I am not an advocate for the creamy layer of the Tribal population who are benefited with Government’s Reservation Policy, but I always raise my voice for those Gujjars, Bakerwals, Shinas, Pahadis who live in abject poverty in spite of having scheduled tribe (ST) status. In addition to it there are many like Kashmiri Chopans (Shepherds) who are not even recognized as tribals while their lifestyle is tribal in real sense; and because of Government’s reservation policy such communities also suffer. Laws like Forest Rights Act 2006 are applicable in J&K post Article 370 abrogation which benefit not only STs but other traditional forest dwellers (OTFDs) as well. Ironically not even 5% of STs or OTFDs from Kashmir valley have been benefited with FRA as Govt came up with these details in March this year; and were placed before J&K Assembly as well? 95% of FRA beneficiaries are from Poonch and Rajouri while as 5% of other Gujjar Bakerwal population is living in different districts of J&K especially in Kashmir valley suffer.
This doesn’t mean that justice has been done with Poonch or Rajouri as hundreds of FRA claims are yet to be decided there as well, and Bakerwals especially are deprived of Grazing Rights in many areas of Kashmir valley and Ladakh areas? The Other Traditional Forest Dwellers (OTFDs) which includes forest dwelling Kashmiri population, Dogri population and other non STs are the worst affected people. They have further been marginalized according to the Govt data as their 99% claims are yet to be decided by the Government and they are deprived of FRA benefits even as this law is operational in J&K for almost 6 years now.
Massive Budget for Tribal Welfare
The Modi Government’s budgetary allocation for Tribal Welfare in the country has seen a huge shift in the last one decade. In 2014, the Ministry of Tribal Affairs was working with a budget of ₹4,295 crore and this got doubled in 10 years. This year, the budget stands at nearly ₹15,000 crore. New schemes now carry enormous weight. The Dharti Aaba Janjatiya Gram Utkarsh Abhiyan was launched with an ₹80,000 crore outlay across five years.
6020 vs 825 titles
Media reports say that 65,497.21 kanals of forest land has been allocated to Scheduled Tribe -ST population ( 6020 families) under FRA while as non STs living near forests (Other Traditional Forest Dwellers-OTFDs) got mere 784 kanals of land ? Isn’t this injustice with this group ? Why are MLAs and political leaders silent on this ? Around 39000 claims were rejected as well.
There is also no clarity whether 65497 kanals of land was allocated under community forest rights or individual rights of FRA 2006 or grazing rights ? I request the Forest Department, especially PCCF J&K to make these details available on its website and social media platforms. Ironically among the 6,020 land titles issued, the Jammu region received the majority share, with 5,195 land titles granted across ten districts. On the contrary , only 825 land titles were issued to Gujjars and Bakerwals in 10 districts of Kashmir valley? No forest land was allocated to ST communities in Srinagar district and Baramulla saw only one land title issued. Other districts recorded minimal allocations, with five land titles issued each in Ganderbal and Udhampur districts, and seven in Kulgam. Rajouri recorded the highest number of land titles at 2,852, followed by Poonch with 1,902. This is also not huge but when we see other districts in comparison this is injustice?
People’s Voice Muzzled
Many FRA cases were decided in Budgam around 2021-2022 but since then there is no information available as authorities are causing hurdles in FRA enforcement? Since last one year Gram Sabha to decide Grazing Rights in some three villages in Surasyar block namely Branwar, Neegu and Jabbad has been arbitrarily cancelled by officers of Rural Development Department.
In fact Govt has no right to call the Gram Sabha meeting nor to cancel it as per the Forest Rights Act 2006. It is the Gram Sabha which has to decide all this? It was only on the orders of a local court in Chadoora that Govt officials were directed to conduct a Maha Gram Sabha in Branwar Neegu and Jabbad village last year but this order has also been just bypassed only to benefit some blueyed families who are acting like land mafias and lease out grazing land to non locals, allegedly in lieu of money? If Gram Sabha is held, these people will lose their authority to harass the poor local grazers and villagers and the administration is supporting this undemocratic move. In fact I met with PCCF J&K and Chief Conservator of Forest Kashmir and Secretary Rural Development Department in this regard but the Gram Sabha still was not held. This is simply muzzling the voice of people.
The order passed in July 2024 by court of Sub Judge is yet to be implemented on ground and local grazers continue to suffer even as they have thousands of kanals of grazing land available in Chaskaninad meadows in Pir Panjal forest division of Budgam. Very recently an order was passed for holding Maha Gram Sabha on July 9th 2025 for all the three panchayats of Branwar, Neegu and Jabbad but at the eleventh hour it was cancelled on July 6th 2025?
Conclusion
When the Govt conducted Panchayat elections in 2018 amid violence in Kashmir, that was called a great achievement but now Panchayats are defunct for almost 1 ½ years and neither LG nor CM is talking about panchayat elections? Govt officers are making village plans and people have no role. Gram Sabha is not held on regular intervals. BDOs, VLWs, JEs are playing the shots for village development and Govt funds are mismanaged. Even Gram sabha to decide Grazing Rights for village communities under FRA is not held. Civil and Police administration is interfering in village governance issues and causing hindrances in enforcement of Forest Rights Act. The claimants continue to grapple to get benefits of this law & Panchayati Raj has been turned into Babu Raj in J&K ?
Dr Raja Muzaffar Bhat is an Acumen Fellow and Chairman Jammu & Kashmir RTI Movement
