Shahid Ayoub
After struggling for more than a decade, tribal communities in Jammu Kashmir felt hopeful that they will not be evicted from their homes in the coming years with the implementation of the Forest Rights Act 2006.
Even after the abrogation of article 370, when almost all central laws are applicable here, Forest Rights Act was an exception. With the continuous struggle of activists, support from media, academicians and rights groups, finally in 2021 this law is going to be implemented in Jammu Kashmir and the process for its implementation has already been started with the Constitution of Forest Right Committee in each Panchayat.
Students demanding implementation of Forest Right Act :
These committees have an important role to play in helping tribal communities and other traditional forest dwellers to get their rights and there is a proper procedure to elect these committees by Gram Sabha in each Panchayat. It’s mandatory to inform the general public about Gram Sabha and Gram Panchayat has a responsibility to convene it. Gram Sabha has to elect not more than fifteen and less than ten members committee headed by a chairman and a secretary.
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Committees have to do all the documentation work, like providing claim forms to those who have claim over forest land and to personally visit and verify the claim where a claimant claims right over forest land, to get useful information from neighbors, to collect important documents and evidence necessary to prove the claim. No elected representative like Panch or a sarpanch can be a part of the Forest Right Committee and they have no role in its formation as well.
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But unfortunately, some members of the deciding community are constituting these committees in closed doors without informing the general public and convening Gram Sabha to elect a committee and to spread awareness regarding Forest Right Committee.
There is a proper procedure to elect Forest Right Committees and those committees constituted without Gram Sabha are constitutionally illegal and need to be rejected and reframed. Gram Sabha resolutions are valid when more than fifty percent voters of Panchayat sign it and it is important to aware general public to participate in Gram Sabhas in each panchayat. Even when claim forms will be filled they will be approved in Gram Sabha and it is the responsibility of Gram Panchayat and the government to aware general public to Participate in Gram Sabha for better implementation of Forest Right Act in Jammu and Kashmir. Forest Right Committee and Gram Sabha are integral to each other and no claim of individual or community forest right is valid without passing it through Gram Sabha with a resolution. If committee fails to satisfy Gram Sabha then they have to make necessary changes and present list of claims and maps in front of Gram Sabha again to pass it with a resolution.
Gram Sabha convened in Dodasan Lower, Rajouri and inhabitants filed an objection to the constitution of Forest Right Committee in closed doors without following the procedure.
There are two types of claims over forest land, first one is individual and the second and most important one is Community Forest Right which includes community forest resources as well. Places, where tribal locals go to collect fodder for cattle, sheep and goats, can be registered as community forests and tribal communities can use resources from forest for their personal use and have the responsibility as well to take care of these resources as well.
In District Rajouri, block Plangarh, panchayat lower Dodasan Balla locals alleged that a committee has been constituted without convening Gram Sabha and the public was not informed about it. Locals approached Deputy Commissioner’s office and in his absence met Additional Deputy Commissioner, ADC forwarded the application to District Panchayat Officer and then forwarded the same with a letter to Block Development Officer to go through the contents of the application and sort out the issue. From the BDO office, they deputed a subordinate employee who’s a panchayat secretary to verify the whole issue but the applicant who has filed an objection has not yet received any reply. The delegation met District Panchayat Officer again with another application to convene Gram Sabha but got nothing else except fake assurance, another week past but the department is not ready to listen to anyone. Our tribal community has waited for fourteen years for the implementation of the Forest Right Act and the government should take time to aware public about Act and then whole process for its implementation should be started, majority in Jammu Kashmir have least or no knowledge about this act.
Students of University of Jammu protesting and demanding implementation of Forest Right Act :
Some activists from the Gujjar Bakerwal community have raised their voices and demanded the implementation of this act in Jammu Kashmir spoke on the unjust and illegal proceedings. Guftar Chowdhary’s statement on the constitution of forest right committees stated, “Government does not want to implement FRA properly, otherwise authorities would have been given strict guidelines to follow at District, Sub District and Block Level to constitute Forest Right Committees, Where is Tribal Affairs Department ? which is an important nodal agency of this act and they have an important role to play in its implementation and have the responsibility to spread awareness as well. and Why Rural Development Department is doing all the work”.
Zahid Parwaz also criticized the government and Gram Panchayats because they are not constituting FRCs by following the laid down procedure in the act. Basharat Hussain another activist and an advocate in Jammu Kashmir High Court questioned the constitutional validity of Forest Right Committees framed without calling Gram Sabha.
Gram Sabha and Forest Right Committees have to play an important role in the implementation of the Forest Right Act and it is important for all the stakeholders to aware the general public about the forest right act, the majority is unaware and every day we are getting reports that FRCs are being constituted without taking general public in confidence and convening Gram Sabha. So it is the responsibility of educated people, tribal affairs department, activists, and leaders to spread awareness on Act in spite of beating drums to seek credit.
Forest Rights Act is a step forward to conserve and protect forests and no one should be allowed to encroach forest land illegally.