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Source: The post is based on the article “Forest Rights Act in Jammu and Kashmir: A transformation in the making” published in “The Indian Express” on 18th August 2023.
Syllabus: GS2- mechanisms, laws, institutions and bodies constituted for the protection and betterment of the vulnerable sections
News: In this article author discusses the Forest Rights Act (FRA) in Jammu & Kashmir (J&K) and its importance for tribal communities. J&K took longer to implement FRA, which recognizes tribal rights over forests. Since 2021, efforts have been made to grant these rights, but challenges remain.
About India’s tribal population
2011 Census:
India’s tribal population estimated at 104.5 million.
Tribals constitute 8.6% of the country’s total population.
Jammu and Kashmir Tribes:
Tribes make up about 12% of J&K’s population.
Ethnic migratory pastoral population stands at 612,000.
Major tribes: Gujjars, Bakerwals, Gaddi, Sippi, Dard-Shin, and Bot.
These communities rely on livestock husbandry and biannual migration.
About Forest Rights Act (FRA)
Forest Rights Act (FRA) recognizes tribal rights over forests.
Originally enacted in 2006, implemented in 2008.
Jammu & Kashmir began FRA implementation in 2021.
Since September 2021 to May 2023, 4,500 titles issued in J&K.
60,000 families in J&K benefited.
What are the benefits of the Forest Rights Act (FRA) in Jammu & Kashmir (J&K) for tribal communities?
- Land and Resource Rights:
Acknowledges tribal communities’ rights over forests.
Over 4,500 titles issued from September 2021 to May 2023.
60,000 families in J&K have accessed forest land/resources.
44.59% of the 9,423 claimants given titles for community forest resources.
December 2022 policy allows tribes to use non-timber forest produce.
- Access to Services and Infrastructure:
FRA facilitates services like healthcare, education, energy, and connectivity.
Tribes can avail essential services improving overall well-being.
- Community Empowerment and Participation:
Stresses on a community-led approach.
Only 7.43% of claims declined at higher administrative levels.
Acts against historic deprivation and exclusion faced by tribal communities.
- Addressing Unique Tribal Challenges:
Safeguards interests and seasonal migrations of J&K’s large migratory pastoral population.
Efforts in place to support tribes with low literacy rates and socio-cultural challenges.
What challenges exist in implementing the Forest Rights Act (FRA) in Jammu & Kashmir (J&K)?
- Documentation Difficulties:
Low disposal rate of individual rights shows many can’t prove eligibility.
More than 92.57% of rejected claims declined by the Gram Sabha.
Tribes face challenges in producing required records.
- Geographic and Lifestyle Barriers:
The unique migratory pattern of tribes complicates FRA implementation.
Difficult terrains and geographical barriers in J&K pose challenges.
- Literacy and Socio-Cultural Issues:
Low literacy rates hinder understanding and use of FRA: less than 50% among the tribal population, and just 16.74% among migratory tribes.
Local socio-cultural nuances can complicate the act’s adoption.
- Community Participation:
Absence of strong leadership from within the community.
Gram Sabha, with tribal members, declined a significant number of claims, pointing to potential internal community disagreements or lack of understanding.
- Outsider Perception:
Many who overlooked the deprivation of rights in J&K questioned the delay in rights conferment after the FRA rollout, showing a lack of long-term engagement.
What steps should be taken?
Empower from Within: Promote community-led FRA implementation to ensure tribal engagement.
Education and Awareness: Address low literacy rates (less than 50% among tribes, 16.74% among migratory tribes) with literacy and FRA-awareness programs.
Streamlined Documentation: Simplify the process for tribes to prove eligibility and claim rights.
Capacity Building: Strengthen the Gram Sabha’s understanding of FRA, given 92.57% of rejected claims happened at this level.
Robust Outreach: The Tribal Affairs Department, NGOs, and youth groups should intensify efforts, ensuring tribes understand and utilize their rights.
Address Socio-Cultural Barriers: Recognize and accommodate unique migratory patterns and socio-cultural challenges of tribes.
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