Mass Rejection of Forest Rights Claims in Jammu Kashmir Sparks Outcry Over FRA Violations

SRINAGAR: Civil society groups have accused the Jammu and Kashmir administration of undermining the Forest Rights Act (FRA), 2006, by rejecting an overwhelming majority of forest rights claims without following due legal procedures. The Forest Rights Coalition – Jammu and Kashmir, Jammu and Kashmir RTI Movement, and Nature Conservancy Alliance (NCA) have jointly condemned what they termed a systemic denial of justice to tribal, pastoralist, and forest-dwelling communities in the region.

According to official figures, 46,090 claims were filed under the FRA in Jammu and Kashmir, of which 39,924—nearly 85 percent—were rejected. This includes 32,727 individual and 7,197 community claims. The groups argue that such a mass dismissal of applications, without transparent scrutiny or appeal mechanisms, violates the very purpose of the FRA, which was enacted to address historical injustices faced by marginalised forest-dependent communities.

“The government is not implementing the Forest Rights Act—it is burying it,” said Shaikh Ghulam Rasool, founder of the Forest Rights Coalition – JK and JK RTI Movement. “Each claim rejected without due process is a violation of constitutional protections. The FRA mandates proper review and appeal before any claim can be denied.”

The activists point out that under the law, Gram Sabhas are authorised only to recommend claims, while final rejection powers lie with the District Level Committee after recommendations from the Sub-Divisional Level Committee. Rule 12A of the FRA also requires a revision and appeal process, which they allege has been ignored in Jammu and Kashmir.

Zahid Parwaz Chowdhary, convenor of the coalition, said that empowering Gram Sabhas was at the heart of FRA implementation but was being subverted. “When the department accused of occupying forest land is made the judge of land claims, how can justice prevail?” he asked, calling it a case of “institutional sabotage”.

A key concern raised is the appointment of the Forest Department as the nodal agency for FRA implementation in Jammu and Kashmir, unlike in other states where the role is assigned to Tribal Welfare Departments. Peer Sheikh Ghulam Mohideen, vice chairperson of JK RTI Movement, described it as a conflict of interest: “A department that holds forest titles cannot sit in judgment over those asserting their rights.”

The groups also criticised the administration for dismissing claims on the grounds of “lack of documentary evidence”. Under FRA provisions, oral testimonies, affidavits from community elders, satellite imagery, and Gram Sabha verifications are legally valid evidence. Rejecting such documentation, they said, amounted to wilful disregard of both the law and traditional land use practices.

The coalition has demanded an immediate halt to claim rejections, a legal audit of the process, and reassignment of nodal responsibilities to an independent tribal welfare body. It has also sought the creation of an oversight committee including civil society representatives, legal experts, and tribal elders to ensure transparency and fairness.

The groups warned that the current process undermines not only the FRA but also fundamental constitutional rights, including equality before the law, freedom of movement, and the right to life with dignity. They also pointed to violations of India’s commitments under international agreements such as the UN Declaration on the Rights of Indigenous Peoples and ILO Convention 169, both of which recognise the land and governance rights of indigenous communities.

“The Forest Rights Act was passed to correct centuries of injustice. Its sabotage in Jammu and Kashmir is both a moral and constitutional crisis,” the joint statement said. “Forest rights are human rights. Rejection without justice is repression.”