Forest Rights Act to Be Fully Enforced in J&K, New Encroachments Barred: Minister

Jammu, Aug 1: Asserting that no encroachment on forest land will be tolerated, Jammu and Kashmir Tribal Affairs minister Javed Ahmad Rana on Saturday said Omar Abdullah-led National Conference government has taken a “major decision” to implement the Forests Rights Act in its true letter and spirit in the Union Territory. The minister said the government has ordered inquiries into alleged excesses against tribal communities and that action will be taken wherever illegalities are established after examining the inquiry reports. In a significant step towards ensuring timely implementation of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, the Jammu and Kashmir Government has directed all the deputy commissioners to expedite the process of receiving, verifying and settling claims under the Act through the statutory three-tier mechanism. The directions have been issued by the Department of Tribal Affairs aimed at ensuring early completion of the statutory process for recognition and settlement of forest rights while safeguarding the legal rights of eligible forest-dwelling Scheduled Tribes and other traditional forest dwellers. “Although the Act was extended to Jammu and Kashmir in 2019, its implementation remained inadequate, with many eligible beneficiaries failing to receive the benefits guaranteed under the law,” the minister said addressing a press conference here. He said the Department of Tribal Affairs has now been designated as the nodal department for implementing the Act, replacing the earlier arrangement under which the Forest Department handled FRA-related matters. As part of the implementation framework, the government has established a Project Management Unit (PMU) and nominated three experts representing Kashmir, Jammu and Poonch, he said, adding that district-level implementation cells are also being set up across Jammu and Kashmir and are expected to become operational within a week to 10 days. The minister said Deputy Commissioners have been directed to expedite all pending as well as fresh claims under the Act. “Many tribal families living in remote areas have been unable to file or pursue their claims because of poor connectivity, lack of awareness and limited access to government services. The PMU will assist applicants throughout the claims process,” Rana said. Referring to recent notices reportedly issued by the Forest Department in several areas, Rana said the Tribal Affairs Department has issued a circular clarifying that the Forest Department cannot issue notices under the Forest Rights Act. He explained that while the Forest Department functions under the Indian Forest Act, the implementation of the Forest Rights Act now falls under the designated nodal department, and clear directions have been issued to all concerned authorities regarding their respective roles. The minister emphasized that the process of recognizing forest rights begins at the Gram Sabha level and proceeds through various statutory stages before claims are finally decided. He said that people who have been residing on forest land for generations would not be disturbed until the recognition and verification process under the Act is completed. Addressing concerns over previous eviction drives, Rana said the government had ordered inquiries into complaints, including those arising from the recent incidents in Jammu. “For the first time in Jammu and Kashmir, inquiry committees were constituted specifically to examine allegations of excesses against members of the tribal community,” he said. He disclosed that two separate inquiries had been initiated — one by the Revenue Department and another by the Tribal Affairs Department. The Tribal Affairs Department’s inquiry has been completed and its report submitted to the government. “Wherever illegal actions have taken place, and whoever is found responsible, the government will study the reports carefully and implement their recommendations in letter and spirit,” he said. Clarifying the government’s policy on forest land, Rana reiterated a principle he said he had maintained from the first day in office: “No new encroachments, and no eviction of existing occupants.” He said the policy is fully consistent with the spirit of the Forest Rights Act. “Any encroachment on forest land will not be tolerated under any circumstances. However, those who have been residing or cultivating the land for decades and are eligible under the Forest Rights Act will have their claims examined through the prescribed legal process, and decisions will be taken accordingly,” he said. He reiterated that protecting the rights of Scheduled Tribes, nomadic communities and other backward sections remains a key priority of the J&K government, and said the implementation of the Forest Rights Act marks a significant step towards ensuring social justice and legal recognition of long-pending rights.