Mass rejection of forest rights claims, violation of FRA

Srinagar, Aug 06: The Forest Rights Coalition – Jammu & Kashmir, J&K RTI Movement, and Nature Conservancy Alliance (NCA) has expressed deep concern while rejecting the government’s handling and narrative regarding the implementation of the Forest Rights Act (FRA), 2006 in the Union Territory of Jammu & Kashmir.According to a statement issued here, it was revealed that the mass rejection of forest rights claims, without proper legal scrutiny, transparency, or community consultation – represents a systemic failure of justice and governance,At a time when the FRA was expected to offer long-denied recognition to tribals, pastoralists, and forest-dwelling communities, the authorities in J&K appear to be subverting the very purpose of this landmark legislation. Instead of correcting historical injustices, the current process has compounded them by creating new barriers to access, legal recognition, and dignity, FRC stated.It said that according to official government data, a total of 46,090 claims were submitted under the Forest Rights Act in Jammu & Kashmir: 33,233 individual claims,  12,857 community claims. Of these, an overwhelming 39,924 claims, approximately 85% have been rejected. These include:  32,727 individual claims rejected, 7,197 community claims rejectedSuch an extraordinarily high rate of rejection places Jammu & Kashmir among the worst-performing regions in India in terms of FRA implementation. This is not merely an administrative issue, it is a legal and moral failure, and a betrayal of the very communities that the FRA was enacted to empower.Dr. Shaikh Ghulam Rasool, Founder, Forest Rights Coalition–J&K & J&K RTI Movement said, ‘The government is not implementing the Forest Rights Act-it is burying it. These mass rejections without transparent review or appeal mechanisms are a direct assault on the democratic rights of forest communities. Each claim rejected without due process is not just a bureaucratic error, it is a violation of constitutional protections. The FRA mandates a review process before any claim can be denied.’‘When the department accused of occupying forest land is made the judge of land claims, how can justice prevail? FRA was meant to empower Gram Sabhas and not suppress them through institutional sabotage’, emphasized Zahid Parwaz Chowdhary, Convenor, Forest Rights Coalition, J&K.Peer Sheikh Ghulam Mohideen, Vice Chairperson, J&K RTI Movement highlights’ ‘the Forest Department has no legal standing as the nodal agency under FRA. Across India, this role is performed by Tribal Welfare Departments. This misallocation in J&K reflects a deliberate conflict of interest.’Adv. Naveed Bukhtiyar, Legal Advisor, FRC–J&K focusing on its justice element says, ‘Justice requires neutrality. A department that holds forest titles cannot sit in judgment over those asserting their rights. The process must be community-driven, evidence-based, and independent.’