Danishwar Hameed
Chowdhary Zahid Parwaz was visiting a remote area in the Tral region of south Kashmir on Wednesday morning to address a demarcation issue by the Forest Department regarding land held by a local forest dweller for several decades. During his visit, Zahid received a WhatsApp notification on his phone. With excitement, he exclaimed upon reading the headline: “Jammu Kashmir Assembly Passes Resolution Seeking Special Status for the Region.”
Amid tremendous opposition from the Bhartiya Janata Party (BJP), the Jammu Kashmir government tabled a bill seeking the restoration of special status of Jammu Kashmir, which was unilaterally abrogated on August 5, 2019. Despite the chaos, the bill was passed by an overwhelming majority with 61 members supporting the bill in a house of 90.
Zahid, a prominent tribal activist and head of All Jammu Kashmir Gujjar Bakerwal Youth Conference, has been at the forefront of the struggle to protect and restore the rights of these communities in Jammu Kashmir. These communities, which make up 11.9% of the erstwhile state’s population according to the 2011 census, have borne the brunt of the changes following the abrogation of Jammu Kashmir’s constitutional safeguards.
For decades, the Gujjar and Bakarwal communities, primarily reliant on pastoralism and traditional grazing practices, have faced constant challenges in protecting their ancestral lands, as they migrate seasonally between Jammu and the Kashmir region. Despite advocating for formal legal recognition of their rights to forest lands and affirmative action in education and employment, their calls have largely gone unheeded. In 2016, then Chief Minister of Jammu Kashmir, Mehbooba Mufti, urged officials to refrain from harassing forest dwellers, yet little formal action has been taken.
“For decades, we’ve been asking for what is rightfully ours—our land, our identity,” says Aijaz Ahmed, a local Gujjar leader from Rajouri. “Our people have suffered in silence for too long.”
The land rights issue has been critical, particularly in the Pir Panjal range of Jammu Kashmir, including the Rajouri and Poonch districts, where 35-45% of the population belongs to tribal communities. Shahid Chowdhary, a research scholar from Rajouri, spoke to The Kashmiriyat and noted that the community answered the abrogation of the special status with their vote in the recently concluded assembly elections.
“The BJP played every trick in the book, but through our vote for the candidates who opposed the August 5 decision, we have given answers to the BJP,” he said. He also emphasized the community’s frustration with the BJP’s decision to dilute their reservation by adding upper castes to the ST list.
“We voted against that decision as well,” he said. He expressed hope that Jammu Kashmir would soon be granted statehood, which he believes will create an opportunity for dialogue and strengthen protections for tribal communities.
The recently passed resolution offers a renewed chance to safeguard the cultural heritage of the Gujjar and Bakarwal people, ensuring the protection of their nomadic traditions, language, and way of life. Another tribal activist, Chowdhary Munshi from Kulgam, echoed this sentiment.
Zahid also emphasized that, in addition to cultural preservation, the traditional grazing lands of the community, often located in forested areas, have increasingly come under threat from encroachments and disputes with state authorities, particularly following the abrogation of special status.
This has pushed the community to seek reforms that would formally recognize their rights to these lands, which they feel they are entitled to under the extension of the Forest Rights Act (FRA) to Jammu Kashmir.
The FRA of 2006 grants legal rights to indigenous and traditional forest-dwelling communities, allowing them to access, manage, and live on forest land they have depended on for generations. The law aims to protect their livelihoods while also conserving the environment.
However, Zahid stated that despite the extension of the Forest Rights Act to Jammu Kashmir, officials have continued to harass the community in the name of encroachments. “I get several reports every day of people being harassed by officials in the name of illegal settlements,” Zahid said, referring to the ongoing struggle for their rights.
The abrogation of Article 370 in August 2019 had a profound impact on the Gujjar and Bakarwal communities. Article 370, along with Article 35A, had previously provided protections limiting land ownership to local residents, thus safeguarding the grazing rights of these communities. With the removal of these protections, fears emerged that external investors could acquire land, jeopardizing their livelihoods.
“The abrogation of Article 370 felt like a betrayal,” shares Zahid Parwaz. “It wasn’t just a political change—it was a direct attack on our identity and our land.”
While Zahid acknowledged the positive steps taken by the Lieutenant Governor administration to support the pastoral community, such as providing vehicles for migration and offering housing guarantees, he expressed concerns about the potential loss of grazing land.
“We need land for grazing our animals, and we would not give it up for government quarters or even posh bungalows,” Zahid told The Kashmiriyat.
Chowdhary Munshi highlighted another alarming issue faced by the community: “Our dhoks (temporary shelters) were demolished in Pahalgam, Rajouri, and several other places. Thousands of families from our community received eviction notices. We have borne the brunt of the changes brought about after the abrogation of Article 370.”
The resolution passed by the Jammu Kashmir Assembly has been welcomed by the Gujjar and Bakarwal communities, as it offers renewed hope that the special status will restore protections for their traditional lands and grazing rights. This resolution represents a potential safeguard against further threats of eviction or displacement.
“This resolution gives us hope,” remarks Khadija Khatoon, a Gujjar woman from Rajouri. “Maybe now our lands will be protected, and we won’t be displaced.”
From Poonch to Rajouri and Anantnag to Kupwara, Zahid noted that he has spoken to several activists within the community who have expressed immense joy over the passing of the bill. They see it as a glimmer of hope that they will no longer face the threat of eviction from the lands their ancestors have lived on for generations.
For the Gujjar and Bakarwal communities, the special status resolution is seen as a critical step toward restoring their rights and dignity in Jammu Kashmir. As they continue to face challenges to their land and livelihoods, the resolution offers a potential path to securing their future.
“We have been struggling for so long,” Zahid Parwaz concluded. “But with this resolution, we finally see a glimmer of hope.”