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| Govt orders time-bound settlement of Forest Rights claims | | no eviction before due process: Rana | 
Jammu, August 02 (Scoop News)-The Jammu and Kashmir Government has directed all Deputy Commissioners to complete the verification and settlement of pending and fresh claims under the Forest Rights Act in a time-bound manner, while making it clear that no forest-dwelling Scheduled Tribe or other traditional forest dweller shall be evicted from forest land under occupation until the prescribed recognition and verification process is completed.
Addressing a press conference here, the Minister said the decision reflected the commitment of the Government headed by Chief Minister Omar Abdullah to protect the lawful rights, dignity and livelihood of tribal communities and other traditional forest dwellers.
He said the Forest Rights Act must be implemented in its true spirit and its benefits should reach eligible families living in villages, forest habitations, mountainous regions, towns and municipal areas.
“Every eligible claimant must be given a fair opportunity, every claim must be properly verified and every decision must be taken strictly in accordance with the procedure laid down under the Act,” the Minister said.
Describing the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, as an important social justice legislation, he said the law was enacted to recognise the legitimate rights of forest-dwelling Scheduled Tribes and other traditional forest dwellers.
Although the Act became applicable to Jammu and Kashmir after 2019, the Minister said its intended benefits had not reached many eligible families due to delays and gaps in implementation.
“The Government has now decided to address these shortcomings through a coordinated, transparent and accountable mechanism,” he said.
The Minister said the Tribal Affairs Department had been designated as the nodal department for implementation of the Forest Rights Act in Jammu and Kashmir.
He thanked Chief Minister Omar Abdullah for taking the decision and said the department had begun strengthening the institutional framework required for effective implementation of the law.
A dedicated Project Management Unit has already been established to assist in processing claims and addressing procedural gaps. District-level FRA cells are also being set up and are made functional for undertaking the task.
“These cells will support the district administrations and assist eligible claimants, particularly those living in remote areas who may not be fully aware of the procedure or may face difficulty in approaching different offices,” the Minister said.
He added that a genuine claimant should not lose a lawful opportunity merely because he or she lives in a remote area or is unable to understand complicated official procedures.
Referring to the circular issued by the Tribal Affairs Department, the Minister said all Deputy Commissioners had been directed to ensure early completion of the process of receiving, verifying and settling forest rights claims.
Under the Act, the process begins at the local level, where the Gram Sabha receives and verifies individual and community forest rights claims. The cases are thereafter considered by the Sub-Divisional Level Committee and finally by the District Level Committee. The law also provides a remedy to an aggrieved claimant and requires that the person concerned be given a reasonable opportunity to present the case. Circular FRA signed copy.pdf
“All pending as well as fresh claims must be properly heard and examined. Claims should neither be rejected mechanically nor kept pending indefinitely,” he said.
Where the process has already been completed, the Deputy Commissioner concerned will be required to certify that claims in the district have been received, verified and settled through the prescribed three-level mechanism.
The circular has also clarified the implementation of the Forest Rights Act in municipal and urban areas.
The Minister said many traditional villages, tribal hamlets and forest habitations had, over time, been included within the limits of Nagar Panchayats, Municipal Councils or Municipal Corporations.
“The administrative classification of an area may have changed, but the traditional dependence and occupation of the people living there may not have changed. Their lawful claims cannot be ignored merely because their habitation now falls within a municipal boundary,” he said.
In municipal areas, the Ward Committee, where constituted, or the assembly of adult residents of the concerned habitation, settlement, mohalla, pada or tola will perform the role assigned to the Gram Sabha under the Act.
Claims from such areas will also be considered by the Sub-Divisional Level Committee and the District Level Committee, with appropriate representation from municipal bodies, Scheduled Tribes and women.
The Minister said the clarification would ensure equal access to the process for eligible families living in rural, town and municipal areas.
He said the most important direction concerned protection against eviction before completion of the recognition and verification process.
“The Forest Rights Act clearly provides that no member of a forest-dwelling Scheduled Tribe or other traditional forest dweller can be evicted or removed from forest land under occupation until the process of recognition and verification of rights has been completed,” he said.
The Minister clarified that the protection against eviction did not amount to automatic acceptance or regularisation of every claim.
“Every claim will be examined on its own merits, eligibility and evidence. The Government is ensuring that no person is removed before being heard and before the competent committees complete the prescribed process,” he said.
He also made it clear that the Forest Rights Act could not be used to justify fresh encroachments.
“Fresh encroachment will not be tolerated. At the same time, families already living in traditional habitations or claiming rights under the law cannot be disturbed without following due process,” he said.
The Minister said the Government would protect genuine traditional rights while taking action against fresh and unlawful occupation of forest land.
The Minister added that earlier cases involving alleged injustice to tribal and traditional forest-dwelling families would also be examined on their merits, irrespective of whether they related to rural, town or municipal areas.
He stressed the need for close coordination among the Tribal Affairs Department, Forest Department, Revenue authorities, district administrations and rural and urban local bodies.
“A claimant should not be made to move endlessly from one department to another. Departments must coordinate among themselves and provide clear guidance to eligible applicants,” he said.
The Minister also asked officers to use simple language, assist claimants in completing the required process and avoid mechanical rejection of applications.
The Minister appealed to eligible claimants to cooperate with Gram Sabhas, Ward Committees, Forest Rights Committees and district authorities and provide the information and evidence available with them.
He said the Government headed by Omar Abdullah was committed to protecting genuine rights, preventing misuse of the law and ensuring fair and transparent implementation of the Forest Rights Act across Jammu and Kashmir.
“Genuine claims will be heard, the lawful procedure will be followed and no forest-dwelling family covered under the Act will be evicted before completion of the recognition and verification process,” the Minister added.
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