Manzoor Elahi
In the lush green forests of Jammu & Kashmir, there exists a world that has lived for centuries, yet its voice rarely reaches the corridors of power. This world belongs to the Gujjar, Bakarwal, and other tribal communities—people who are not only inhabitants of the forests but also their true guardians. Their lives, culture, livelihoods, and identity are deeply intertwined with these forests. Yet, for a long time, they have faced alienation from their own resources.
To address this historical injustice, India enacted the Forest Rights Act in 2006. This law is not merely about land ownership; it represents a broader vision of justice—one that ensures identity, dignity, livelihood, and the preservation of cultural heritage. For the first time, it acknowledged that forest-dwelling tribal communities are not illegal occupants but rightful heirs to the land.
In Jammu & Kashmir, the implementation of this law became possible after the Jammu and Kashmir Reorganisation Act, 2019, when central laws were extended to the region. This development sparked new hope among tribal communities. People believed that their rights over land would finally be recognized, that they would be freed from the fear of eviction, and that they could move towards a life of dignity.
However, the ground reality paints a different picture—a clear gap between hope and reality. Various reports and observations suggest that the full and effective implementation of the Forest Rights Act is yet to be realized across Jammu & Kashmir. Communities living in forest areas continue to face uncertainty. Their rights appear confined to paper, while on the ground they encounter numerous challenges.
One of the most concerning aspects is that, at times, certain administrative actions seem to contradict the very spirit of the law. Complaints have emerged regarding actions by forest authorities, including land identification processes and attempts at eviction, even though the law clearly guarantees the protection of these communities. This contradiction is not just an administrative issue—it raises a deeper moral question. When laws grant rights but actions restrict them, it undermines public trust and weakens the very concept of justice.
The obstacles to implementation exist at multiple levels: bureaucratic delays, complex procedures, lack of coordination among institutions, and, above all, a lack of awareness. Many tribal families are not fully informed about their rights, and those who try to claim them often face long and complicated processes. Additionally, the growing mistrust between forest departments and local communities has become a serious concern. When people feel insecure on their own land and lose faith in institutions, any law loses its effectiveness.
This issue is not limited to Jammu & Kashmir—it reflects a broader global concern. Across the world, questions are being raised: Are we neglecting communities that have lived in harmony with nature for centuries in the name of development? Are laws truly delivering justice, or are they becoming mere promises on paper?
Reports from various districts of Jammu & Kashmir frequently highlight an alarming situation. According to local residents, forest officials are not only preventing them from constructing new structures on their land but, in some cases, are even restricting the construction of basic necessities such as bathrooms or cattle sheds. These actions have severely affected daily life and created an atmosphere of fear and uncertainty.
Residents in affected areas state that they have been living on these lands for generations—their livelihoods, livestock, and entire way of life depend on them. Yet today, they are being treated as strangers on their own land. In several instances, people have alleged harassment, with even minor constructions being declared illegal and stopped—something they consider a grave injustice.
What is particularly striking is the contradiction between official claims and ground realities. While the government speaks of providing rights and facilities, the situation on the ground often appears quite the opposite. People are left asking: Where should they go, and from whom should they seek justice, when even their basic needs are being restricted?
Affected individuals say they have completed all documentation and submitted their claims years ago. Yet, these files remain piled up in government offices, gathering dust. There is neither verification nor decision, and no communication regarding progress. This situation reflects not only administrative negligence but also a system where the voices of ordinary citizens go unheard. People feel helpless, increasingly believing that no institution is willing to seriously address their concerns.
It is noteworthy that the current cabinet includes representation from these very communities, with Javed Ahmed Rana holding key portfolios such as Forest and Tribal Affairs. This representation should ideally ensure that the issues of Gujjar, Bakarwal, and other tribal communities are addressed on a priority basis. Moreover, the responsibility for implementing the Forest Rights Act lies with the Tribal Affairs Department, raising further expectations.
If observed closely, there was indeed initial momentum in the process of filing claims and preparing documentation. People came forward in large numbers, submitted applications, and engaged with government offices—suggesting a renewed sense of hope after years of deprivation. However, this momentum could not be sustained. Over time, the process slowed down, and files that once symbolized hope have now turned into mere stacks of paper with little progress.
In such circumstances, the most urgent need is to ensure that the rights of these tribal communities are not confined to official statements and paperwork but are delivered in reality. Claims and files that have been pending for years must be addressed on a priority basis. This is not just an administrative task—it is a matter of justice. Behind each file lies the hope, identity, and future of countless families.
The true spirit of the Forest Rights Act lies in restoring rightful ownership and correcting historical injustices. But this goal cannot be achieved without seriousness, transparency, and accountability in implementation. If the Government of Jammu & Kashmir genuinely claims to support the development and protection of tribal communities, it must first address the ground-level challenges they face daily.
Harassment, fear of eviction, and persistent uncertainty have pushed these communities into a state of constant distress. In particular, Forest Minister Javed Ahmed Rana carries a significant moral and constitutional responsibility to take this issue seriously and implement effective solutions. Strengthening coordination between departments, accelerating implementation, and ensuring justice at every level must become immediate priorities.
The need of the hour is to move beyond announcements and paperwork toward concrete action. Until this law is implemented in its true spirit on the ground, the dream of justice will remain incomplete.
In conclusion, as a writer, I wish to place this voice of the people before the government. This is not merely an article—it is a representation of those who have been waiting for justice for years. It is imperative that this issue is addressed with seriousness, practical steps are taken, and a lasting solution is found so that future generations can live with security, dignity, and empowerment.
