In my previous column which was part II of the series on Forest Rights Act, I had briefly explained how Forest Rights Act (FRA-2006) was being violated due to lack of information among Govt officials from Civil Secretariat to DC office or DFO office. The FRA 2006 as I mentioned earlier is to be implemented by the village panchayat through Gram Sabha also called Deh Majlis in J&K. This article is aimed at creating awareness for Panchayati Raj Institutions (PRI’s) and Govt officials belonging to Forest, Revenue and Rural Development Departments plus the officials of Tribal Affairs department whose presence is not seen at district level in J&K. Interestingly Tribal Affairs Ministry at center is the nodal agency for implementation of this law. The Forest Rights Act 2006 (FRA-2006) was enacted to acknowledge the rights of marginalized and most disadvantaged communities living in remotest areas of India. People from these marginalized communities will hardly get updated or informed about this law and there is a great role of civil society actors, activists and media to reach out to them.
Section 6 of Forest Rights Act 2006 says that the Gram Sabha (Deh Majlis) shall be the authority to initiate the process for determining the nature and extent of individual or community forest rights or both that may be given to the Forest Dwelling Scheduled Tribes (FDST) i.e Gujjars , Bakerwals or other STs living near forests and Other Traditional Forest Dwellers (OTFD) within the local limits of its jurisdiction under this Act by receiving claims, consolidating and verifying them and preparing a map delineating the area of each recommended claim in such manner as may be prescribed for exercise of such rights. After this process the Gram Sabha shall pass a resolution to that effect and thereafter forward a copy of the same to the Sub-Divisional Level Committee (SDLC) headed by a Sub Divisional Magistrate (SDM). Other members of SDLC are concerned Range Officer, Block Development Officer, Chairperson Block Development Council (BDC) or recently constituted member DDC representing a particular block.
Aggrieved by Gram Sabha
If a person feels aggrieved by the resolution of the Gram Sabha or Deh Majlis, he may file a petition before the Sub-Divisional Level Committee (SDLC) constituted under sub-section (3) of FRA 2006. The SDLC shall consider and dispose of such petition. Such appeal petitions have to be filed within sixty days (60) from the date of passing of the resolution by the Gram Sabha. Provided further that no such petition shall be disposed of against the aggrieved person, unless he has been given a reasonable opportunity to present his case.
Aggrieved by SDLC
The State Government shall constitute a Sub-Divisional Level Committee (SDLC) to examine the resolution passed by the Gram Sabha (Deh Majlis) and prepare the record of forest rights and forward it through the SDM to the District Level Committee (DLC)for a final decision. Any person aggrieved by the decision of the SDLC may file a petition before the DLC within 60 days from the date of decision of SDLC. The DLC shall consider and dispose of such petition. No petition can be directly filed before the DLC against the Gram Sabha / Deh Maljis resolution unless the same has been filed before and considered by the SDLC. The FRA 2006 makes it clear that no such petition shall be disposed of against the aggrieved person, unless he has been given a reasonable opportunity to present his case. Under section 6 (5) of FRA 2006 the State Government (UT Govt in case of J&K) shall constitute a District Level Committee (DLC) to consider and finally approve the record of forest rights prepared by the SDLC. The decision of the DLC on the record of forest rights shall be final and binding. The State Government under FRA shall constitute a State Level Monitoring Committee (SLMC) to monitor the process of recognition and vesting of forest rights and to submit to the nodal agency such returns and reports as may be called for by that agency. The SDLC , DLC and SLMC shall consist of officers of the department of Revenue, Forest and Tribal Affairs of the State Government and three members of the Panchayati Raj Institutions at the appropriate level, appointed by the respective Panchayati Raj Institutions, of whom two shall be the Scheduled Tribe members and at least one shall be a women.
Forest Rights Committee (FRC)
When a forest dweller files a claim for the land title it passes through three levels of checks as mentioned above – the Gram sabha, SDLC and DLC. A highly inclusive body, called the Forest Rights Committee (FRC), is formed by the Gram Sabha to facilitate the process. This committee comprises 10 to 15 people, two-thirds of them should belong to scheduled tribes and one-third members should be women. The FRA Amended Rules, 2012 gives a list of 14 proofs the claimant can provide to prove occupancy of forest land. The evidence includes public documents such as census, maps, satellite imagery and government authorized documents such as voters’ identity card and ration card. Even a statement of a village elder, other than the claimant, can work as proof. As per Rule 12 A (6) of FRA 2006 the SDLC or the DLC shall remand the claim to the Gram Sabha for re-consideration instead of modifying or rejecting the same, in case the resolution or the recommendation of the Gram Sabha is found to be incomplete or prima-facie requires additional examination. This makes it clear that FRA has given enough powers to the Gram Sabha to implement this law.
Conclusion
The way eviction notices were issued by the Forest Department or fruit trees axed in some areas or even some hutments dismantled, only depicts the incompetence and clumsiness of authorities at helm. Acting Chief Justice J&K High Court rightly called such Govt officers Kumbkaran’s who wake up only after being scolded. After damaging thousands of apple trees, forest bureaucracy has realized that its field staff committed a grave mistake. The department will have to pay for the damages under law. How can Govt snatch land from 108 year old Zooni who has been living in Zilsidara village in Budgam for more than a century? She told me that her mother Fazi, father Habib Dar, and even her grandfather have been living in the same village? Zooni, a Kashmiri speaking forest dweller, already fulfills the criteria of being Other Traditional Forest Dweller (OTFD) who are supposed to show proof of having been living in the area for 75 years or more. The Gujjars in Zilsidara village like Abdul Rashid Gorsi who is a Forest Dwelling Scheduled Tribes (FDST) under FRA 2006 doesn’t even need to show proof of living in the village for 75 years or more. His ST certificate is an ample proof to be submitted before the Gram Sabha (Deh Majlis) for getting the land rights. If Govt is really sincere to give forest rights to people of J&K then a massive awareness campaign on Forest Rights Act (FRA-2006) has to be initiated. NGO’s and media also have to play a great role towards understanding of this pro people legislation.