The demolition drive of the homes of the Gujjar Bakrwal community by the Jammu Administration a few days ago, is in absolute violation of Art 21 of the Constitution and Forest Rights Act 2006 says a statement issued by the All India Union of Forest Working People (AIUFWP) along with the Delhi Solidarity Group (DSG) and Wullar Bachav Front. The statement further says that “such actions are unacceptable as they violate the rights and dignity of Scheduled Tribe communities who have been residing in these areas for generations, even prior to independent India coming into existence.”
The Gujjar Bakkerwal community is a recognised Scheduled Tribe (ST) community and has lived in forest areas for centuries, sustaining their livelihoods, while maintaining a close relationship with nature and forest resources. The implementation of the Forest Rights Act 2006 in Jammu & Kashmir in 2021 recognized the legitimate rights of forest-dwelling tribal communities and other traditional forest dwellers over their traditional lands, traditional migratory routes and habitats.
In view of these legal protections, any forceful eviction, intimidation, or use of violence and demolition of the houses of tribal families is a matter of serious concern. The Forest Rights Act 2006 was enacted to protect the rights of Scheduled Tribes and Other Traditional Forest Dwellers (OTFD), and following its provisions is mandatory for all authorities.
The signatory organisations have demanded an immediate inquiry into the incident, repair and reconstruction of their demolished houses, protection of the affected families, and strict action against responsible officials regarding this grave violation of the rights of tribal communities.
The statement further says that “it is unacceptable that a sub divisional magistrate who carried out these demolition is faking ignorance of a parliament enacted law. The officer has been directed under FRA, a special Act of the Parliament in 2006 that the rights of the nomadic tribe should be protected. Government departments and authorities are supposed to help the forest communities to claim their rights. To the contrary, in Jammu, a government officer has uprooted dozens of families without any authorisation and violated the law of the land.”
AIWFP and others have demanded that Section 7 of the FR Act should be immediately invoked against the erring official and the person should be immediately punished for violation of this central Act. They have also urged the administration to ensure that no eviction takes place and that the rights guaranteed under the Forest Rights Act are fully implemented.
The AIUFWP is an Adivasi and Forest Dwellers Union and it has stated that they stand in solidarity with the Gujjar nomadic community and reaffirm our commitment to the protection of rights of forest dwelling communities, environmental justice, and the constitutional rights of all marginalised communities.
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