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This is an archive article published on September 12, 2010

J-K: Muslim Gujjars demand extension of Forest Rights Act 2006

Muslim Gujjars in Jammu and Kashmir have demanded extension of Forest Rights Act 2006 enacted by Indian Parliament to the state.

At a time when Omar Abdullah government is pressing the Centre for autonomy including review of all Central laws extended to the state after 1952,Muslim Gujjars in Jammu and Kashmir have demanded extension of Forest Rights Act 2006 enacted by Indian Parliament to the state so that they can also have rights on forest lands as are constitutionally available to other scheduled tribes across the country.

Raising the issue at a meeting of Tribal Research and Cultural Foundation – a premier organization of Gujjars in the state,the members of tribal community said that in J&K more than 95 per cent of the “nomadic Gujjars” are landless,shelter less and deserves dwelling rights on forest lands which they are using as traditional inhabitants since centuries together. To give these benefits to scheduled tribes,all the states of India except Jammu and Kashmir have implemented the Forest Rights Act 2006,said Dr. Javaid Rahi,Secretary of the Tribal Foundation.

Seeking extension of the Act to Jammu and Kashmir,he said that it will give nomads the “title rights’” ownership to land which is being cultivated by tribals or forest dwellers subject to a maximum of four hectares with “Use rights” – to minor forest produce (also including ownership),to grazing areas,to pastoralist routes,etc.

The Act if implemented will also give them “relief and development rights” – to rehabilitation in case of illegal eviction or forced displacement and to basic amenities,subject to restrictions for forest protection and “forest management rights” – to protect forests and wildlife,he said. “We have already written to the Prime Minister to intervene into the matter as forest rights were available to Gujjars even before independence. In erstwhile Dogra rule,Gujjars were enjoying forest rights,which were later snatched from them through legislations after the establishement of forest department in 1950s,” he said.

He said that they have urged the Prime Minister to direct J&K government to issue an SRO immediately in this regard. “The Gujjars have been protecting forests against mafias,land grabbers but as per laws available till date,protection of forests by any community is illegal in Jammu and Kashmir which is unjust ,bizarre and against tribal rights,the letter adds.

The forests are the home of lakhs of nomadic Gujjars in J&K and they are to be declared as a forest protector by settling them properly and lawfully ,the letter reads.

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