20 years of FRA 2006, J and K appoints Tribal Ministry as Nodal agency

Despite the Union government’s tardy approach since the passage of the historic Forest Rights Act in 2006, states such as Jammu and Kashmir are now taking the lead in securing indigenous land rights. Groups including the Wullar Bachav Front and the All India Union of Forest Working Peoples (AIUWFP) have been engaging with the state administration on the issue

The December 12, 2025 decision by the Government of Jammu & Kashmir to entrust the Tribal Affairs Department with the implementation of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, covered under Dharti Aaba Janjatiya Gram Utkarsh Abhiyan (DAJGUA) has been widely welcomes by Adivasi Unions and campaigners. Statements issued by the AIUWFP and the Campaign for Survival and Dignity have stated that it is hoped that this step will lead to greater awareness among local communities and ensure that the justice envisioned under the Act is finally delivered. After the introduction of the Forest Rights Bill on December 13, 2005 in the Lok Sabha, it took almost twenty years, just before the anniversary of the Forest Rights Act (FRA), 2006, for the Government of Jammu & Kashmir designated the Tribal Affairs Department as the Nodal Department for its implementation.

December 13, 2025 also marks two decades (twenty years) of the passage of this historic law that was enacted after nearly a decade or more campaign by forest rights’ and Adivasi groups across the country. On this occasion of the 20th Anniversary of the Forest Rights Act, national campaign coordination organisations (like NRCCJ) have extended extend our heartfelt appreciation to all those, including, parliamentarians, intellectuals, and organisations whose collective efforts made this landmark legislation possible. The Act stands as a historic step to redress past injustices and to democratize forest governance and management, ensuring dignity, rights, and justice for forest-dwelling communities.

The FRA 2006 formally came into force on December 31, 2007, but initially excluded Jammu & Kashmir. Following the abrogation of Article 370, the Act was extended to the Union Territory on October 31, 2019 through the J&K Reorganisation Act, 2019. Formal implementation began in September 2021, and the State Forest Department was designated as the nodal agency. While the extension of the Act was welcomed by local groups and intellectuals, concerns were raised about entrusting implementation to the Forest Department, given its questionable historical role in restricting customary and traditional rights of forest dwellers.

Union of India’s contradictory stances over two decades

To recall these contradictory pulls, when the Government of India was drafting legislation to recognise tribal forest rights, the Ministry of Environment, Forests and Climate Change made several attempts to be the nodal ministry. However, the Campaign for Survival and Dignity—a coalition of tribal groups and intellectuals—strongly opposed this, arguing that a ministry associated with past injustices should not oversee the Act. Their advocacy led to the Ministry of Tribal Affairs (MoTA) being designated as the nodal ministry in 2006, through amendments to the Government of India (Allocation of Business) Rules, 1961.

Despite this, in many states and UTs, Forest Departments continued to act as shadow nodal agencies. The consequences have been stark:

  • Out of 4.79 million Individual Forest Rights (IFR) claims, 1.47 million were rejected.
  • For Community Forest Rights (CFR), the rejection rate stands at 9.56%, with states like Uttarakhand and West Bengal recording rejection rates above 90%.
  • In states/UTs including Jammu & Kashmir, Uttarakhand, Uttar Pradesh, West Bengal, Rajasthan, Karnataka, Bihar, and Madhya Pradesh, more than 50% of IFR claims have been rejected.

These figures highlight how the lack of awareness has enabled Forest Departments to dismiss or dilute claims, undermining the spirit of the Act.

In this context on the twenty years anniversary of this historic law, these steps by administration’s like Jammu and Kashmir (J and K) remain significant.

The Notification by the J and K administration may be read here

 

Letter dated December 3, 2025 by AIUWFP to District Magistrate Ms.Indu Kanwal Chib, District Bandipora J&K regarding the Implementation of Forest Rights Act in District Bandipora J&K may be read here. (https://dipr.jk.gov.in/Prnv?n=21737)

Related:

AIUFWP helps Dudhi villagers file Forest Land Claims under FRA

Forest Land Claims filed in Chitrakoot: AIUFWP and CJP make history!

Struggle for Forest Rights in India stretches from East to West

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