JK Trails in Forest Rights Implementation Under FRA, 2006

SRINAGAR: Nearly 19 years after the enactment of the Forest Rights Act (FRA) 2006, Jammu and Kashmir continues to lag significantly behind most Indian states in recognising the forest rights of tribal and traditional forest-dwelling communities.

According to the latest data released by the Ministry of Tribal Affairs (MoTA), as of May 31, 2025, the Union Territory has distributed only 6,020 forest rights titles, out of a total 46,090 claims filed under the FRA. This translates to a mere 13.06% approval rate, with a disproportionately high rejection rate of 86.63%, compared to the national average of 36.35%.

The data shows that 33,233 claims were individual, while 12,857 were community-based. However, only 429 individual and 5,591 community titles have been granted. Additionally, 39,924 claims have been rejected and 146 remain pending.

The FRA was only extended to Jammu and Kashmir following the abrogation of Article 370 in 2019. Its actual implementation began in 2021, but the pace since then has been slow, sparking criticism from tribal groups and activists. Communities such as the Gujjars, Bakarwals, and Paharis, who rely heavily on forests for grazing and livelihood, have expressed growing concern over the lack of progress.

In contrast, states like Chhattisgarh, Odisha, and Madhya Pradesh have made significant strides, distributing hundreds of thousands of forest rights titles. Nationally, 5.12 million claims have been submitted across 20 states and 1 Union Territory, with 2.51 million titles granted a 49% implementation rate. Meanwhile, 1.86 million claims have been rejected and 749,673 are pending.

The Ministry of Tribal Affairs has emphasized the need for periodic reviews, stronger inter-departmental coordination, and strict adherence to due process. Following a 2019 Supreme Court directive (Writ Petition 108/2008), all states and UTs were instructed to re-examine rejected claims in a time-bound manner. The Ministry has also urged states to hold quarterly meetings of their State Level Monitoring Committees (SLMCs) to monitor implementation and address grievances.

Section 4(5) of the FRA guarantees that no forest-dwelling Scheduled Tribe (ST) or traditional forest dweller shall be evicted until their claims are verified and settled. Despite this, reports of eviction threats and encroachments persist in the region.

While Kerala reports near-complete implementation—with 29,422 individual titles covering 38,794 acres of land, Jammu and Kashmir has struggled due to administrative delays, lack of field verification, and poor coordination between the revenue and forest departments.

To accelerate implementation nationwide, the Tribal Affairs Ministry has launched the Dharti Aaba Janjatiya Gram Utkarsh Abhiyan (DA-JGUA). The initiative includes digitisation of legacy data, support for Gram Sabhas in preparing community forest management plans, and alignment with agriculture, animal husbandry, and fisheries schemes. In Kerala, the Ministry has already sanctioned Rs 1.29 crore for setting up dedicated FRA Cells at the state and district levels.

Despite these measures, Jammu and Kashmir remains one of the slowest regions in enforcing the landmark legislation, leaving thousands of forest dwellers in legal limbo.