SRINAGAR, JULY 31: In a significant step towards ensuring timely implementation of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (FRA), the Department of Tribal Affairs has directed all the Deputy Commissioners across the Union Territory to expedite the process of receiving, verifying and settling claims under the Act through the statutory three-tier mechanism.
The directions have been issued through a government circular 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.
The Department, under the charge of Minister Javed Ahmed Rana, has also instructed all the districts to complete the claim verification and settlement process under the Forest Rights Act and furnish the requisite certification upon completion.
Reiterating the legal safeguards provided under the Forest Rights Act, the Department has drawn the attention of all Deputy Commissioners and other stakeholders to Section 4(5) of the Act. The Act categorically provides that no member of a forest-dwelling Scheduled Tribe or other traditional forest dweller shall be evicted or removed from forest land under his or her occupation until the recognition and verification process prescribed under the Act is fully completed.
The circular also reiterates the provisions of Section 6 of the Act, under which the Gram Sabha is the statutory authority responsible for initiating the process of determining the nature and extent of individual and community forest rights.
The Gram Sabha is mandated to receive, scrutinize and verify claims, prepare maps of the recommended claims and forward its recommendations to the Sub-Divisional Level Committee (SDLC) for further examination and decision.
Highlighting the statutory appellate framework under the Act, the Department noted that any person aggrieved by the resolution of the Gram Sabha may file an appeal before the SDLC. Similarly, appeals against the decisions of the SDLC may be preferred before the District Level Committee (DLC), whose decision on the record of forest rights is final and binding under the provisions of the Act.
As the nodal department responsible for implementing the Forest Rights Act in Jammu and Kashmir, the Tribal Affairs Department has also clarified that the provisions of the Act extend to municipal and urban areas. In such locations, the functions ordinarily performed by the Gram Sabha shall be carried out by the Ward Committee, wherever constituted, or by an assembly of adult residents of the concerned settlement, Mohalla Sabha, Pada or Tola, in accordance with the guidelines issued under the Act.
The Department has further directed those districts where the recognition and settlement process has already been completed to submit formal completion certificates to enable consolidation of implementation status across the Union Territory.
The latest directions are in line with the consistent emphasis laid by Minister for Jal Shakti, Forest, Ecology & Environment and Tribal Affairs, Javed Ahmed Rana, on the effective and lawful implementation of the Forest Rights Act, 2006.
The Minister has repeatedly underscored that the legislation is intended to recognize and protect the legitimate rights of forest-dwelling Scheduled Tribes and other traditional forest dwellers while ensuring social justice and livelihood security for tribal communities. He has also made it clear that any action related to eviction, wherever legally warranted, must strictly follow the due process prescribed under the Forest Rights Act as well as the guidelines laid down by the Supreme Court. He emphasized that the administrative authorities must ensure that no action is taken in violation of the statutory protections available to eligible beneficiaries.
“The basic rights of tribal communities cannot be snatched and every action must remain within the framework of law and justice,” asserted the Minister. He reaffirmed the government’s commitment to protect the constitutional, legal and human rights of Scheduled Tribes and other traditional forest dwellers while ensuring faithful implementation of the Forest Rights Act across Jammu and Kashmir.
