With Land Right But No Land

Context: Lack of political reservation of tribal people in Jammu & Kashmir has been a major reason for their political marginalization and delayed extension of the Forest Rights Act (FRA).

Issues faced by tribal in the J&K:

• Political marginalization: Mainstream political parties, which are now arguing for these rights for the Adivasis in J&K, failed to provide them political reservations.
  • High dependency of tribals on non-tribal leadership meant that their issues were never adequately represented in the Legislative Assembly.
• Delayed extension of FRA to J&K: has denied land ownership rights, rehabilitation and forest produce rights to Adivasis in J&K.
• Inability to prove claims of ownership under FRA: The Roshni Act/State Land (Vesting of Ownership to the Occupants) Act, 2001, has been declared as null and void.
• Absence of rehabilitation for landless and evicted tribals of J&K and absence of cut-off date has increased the fears of forceful evictions and disempowerment.
  • In the rest of India, FRA recognizes rights of forest dwellers who had occupied forest land before the cut-off date, i.e. December 13, 2005.

Conclusion: FRA implementation in J&K must be aimed at ensuring ownership rights, forest-based livelihood rights, and minor forest produce rights for Adivasis.