Authored by: SURUCHI SHARMA

(Second runner-up of Article Writing Competition by Bare Law 2021)

The erstwhile state of Jammu and Kashmir has always been in the headlines. The region has experienced extreme traumas which are historic in nature. Contemporary problems surround terrorist insurgency, Pakistan’s involvement, and interest in the subjugation of the land. The region experienced instability and violence which was made even worse by political parties due to their political agenda.


It was only in 2019 the Government of India abolished the special status given by Article 370 of the Constitution of India. Due to this reorganization act, two union territories were made i.e. Jammu and Kashmir, and Ladakh. Since then the situation in the region has been a roller coaster ride for the people. There have been drastic changes that took place but one of the most important Acts that was passed- Forest Rights Act,2006.


WHAT IS FOREST RIGHTS ACT (FRA),2006?


The FRA recognizes the rights of the tribal population involved in forest-dwelling and other forest dwellers whose source of subsistence depends on the forest produce. It also recognizes the rights of forest dwellers who have been residing for generations but their rights could not be recorded.


The rights of traditional forest dwellers are recognized in a legal sense. It also tries to strengthen the conservation strategy by including the authorities and the rights holder. The aim is to achieve sustainable use of the forest produce.


RIGHTS GRANTED UNDER FRA, 2006


The Act not only recognizes the rights to hold and live in the forest land under the individual or common occupation for habitation or for self-cultivation for livelihood but also grants several other rights to ensure their control over forest resources which includes:


● Right of ownership, access to collect.
● Use and dispose of minor forest produce, community rights such as nistar
● Habitat rights for primitive tribal groups and preagricultural communities.
● Right to protect, regenerate or conserve or manage any community forest resource which they have been traditionally protecting and conserving for sustainable use.
● Rights to the allocation of forest land for developmental purposes to fulfill the basic infrastructural needs of the community. In conjunction with the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Settlement Act, 2013, FRA protects the tribal population
from eviction without rehabilitation and settlement.


Section 6 of FRA ENSURES RIGHTS TO FOREST DWELLING ST AND OTHER TRADITIONAL DWELLERS
SECTION 6(6) OF FRA GIVES POWER TO THE DISTRICT LEVEL COMMITTEE ON THE FINAL RECORDS OF FOREST RIGHTS
MINISTRY OF TRIBAL AFFAIRS HAS THE OVERALL ADMINISTRATIVE CONTROL OF THIS ACT.

The introduction of FRA becomes important as there was a threat to the tribal population of the region. The dominant population is of the Gujjars or Barkarwals who are nomadic Muslim forest dwellers and faced the threat of eviction from forest land along with their livelihood. The implementation of the FRA is significant due to the population size of the Gujjars or Barkarwals who constitute around 15% of the J&K population which makes up to 14 lakhs of Gujjar-Barkarwals and Gaddi-Sippi in the Union Territory. The FRA empowers these groups to lead a better life and gives them rights to fulfill their essential needs of water, food, and livelihood. The Act also prevents the government from encroaching illegally on their share of land and resources thereby ensuring their rights.


What remains important is that these people need to be aware of their rights and benefits from this Act, there have been some reports of eviction notice that has been circulated to them. After all, it is the awareness and education which will improve their plight. The gram sabha and the District level committees need to come hand in hand to make these groups aware and should be sensitized towards their issue. It has been a long fight and struggle for these people and now it is time for them to reap the benefits provided by the government of India through the Forest Rights Act