JK News Today
Jammu, November 19:
There is a good news for tribals and other forest dwellers with the implementation of the Forest Rights Act in Jammu and Kashmir . It was a long-pending demand of Gujjars and Bakerwals and others who had been living in forests for ages but had no rights on the land where they lived . Their generations had grown up in forests with the uncertainty about their dwellings for they had no legal right . It was a convention but it lacked the legal backing .
The Jammu and Kashmir UT administration on November 18 drew curtains on these nibbling uncertainties when Chief Secretary B V R Subramaniam directed for the constitution of a panel that will conduct a survey and identify the people who had been living in such lands and then work for the recommendation of their claim as per the rules . This is a huge task, but the Chief Secretary has set a deadline of March 31 , 2021- practically four months from now to complete the process and deliver. Thereafter the long-awaited benefits should flow to the dwellers .
While the Centre had passed this law in 2006, but it could not be implemented in J&K because of the barrier of Article 370 . The special status granting constitutional provision had empowered the erstwhile state legislature to facilitate the Central laws. Conversely, it could refuse to implement the same . This dichotomy had continued until October 2019 when the erstwhile state became a Union Territory . The law came into being and now it has been pushed to the implementation stage
This will bring real empowerment to the forest dwellers .
In a meeting on Wednesday , presided over by the Chief Secretary , the implementation of the Act were discussed in detail .
Among the fundamentals of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, and Rules in Jammu and Kashmir which have been made applicable post enactment of the Jammu and Kashmir Reorganization Act, 2019, is granting of rights to forest dwellers across the country. This central Act was, however, not applicable or implemented in Jammu and Kashmir in the last 14 years. It became applicable to J&K only after 31st October, 2019, hence, recognising the rights of forest dwelling communities for the first time in the Union Territory.
It was decided that the ‘survey of claimants’ by the Forest Rights Committees for assessing the nature and extent of rights being claimed at village level be completed by 15-01-2021, for their further submission to the respective Sub-Divisional Committees. The Sub-Divisional Committees shall complete the process of scrutiny of claims and preparation of ‘record of forest rights’ by or before 31-01-2021. Similarly, the District Level Committees shall consider and approve the record and grant forest rights by 01-03-2021.
It was informed that under the Act, the forest dwelling scheduled tribes and other traditional forest dwellers will be provided with the rights over forest land for the purpose of habitation or self-cultivation/livelihood; ownership, access to collect, use, and dispose of minor forest produce, and entitlement to seasonal resources among others. However, the rights conferred under this Act shall be heritable but not alienable or transferrable.
The Act further provides that on the recommendation of Gram Sabha, forest land up to one hectare can be diverted for the purpose of developing government facilities including schools, hospitals, minor water bodies, rainwater harvesting structures, minor irrigation canals, vocational training centres, non-conventional sources of energy, roads etc.
The Act also empowers the holders of forest rights, and Gram Sabhas to protect the wild life, forest, biodiversity, catchment areas, water sources and other ecologically sensitive areas, besides ensuring that the habitat of forest dwelling STs and other traditional forest dwellers is preserved from any form of destructive practices affecting their cultural and natural heritage.
The Chief Secretary impressed upon the Forest department to immediately constitute the 4-tier committees including- State Level Monitoring Committee, District Level Committee, Sub-Divisional Level Committee, and Forest Rights Committee; to implement the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act 2006 in J&K.
For periodic review of the process and procedures associated with the Forest Rights Act and Rules, the Forest department was asked to devise a suitable review mechanism along with monitoring formats.
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