India is not only famous for its diverse wildlife, architectural marvels and culture, but also for its dense and vast forest cover. Forest is the second largest land use in India next to agriculture, being diverse country with multicultural, multi-lingual, and with different topographic and bio geographic regions. Bio geography and topography of Southern States is entirely different from Northern States. Forest cover also varies a lot in terms of dominating (key stone species) forest species, on one hand the southern states possess deciduous, tropical dry, and montane rain forests and on the other northern states are dominated by coniferous mostly Pine trees. A conifer tree has an average age of 100 to 1000 years, thus nature and structure of legislation about Forests and even social equality must vary in Northern and Southern states of India so that the mission of Atam Nirbar Bharat can be achieved. The recorded forest area is 20230 Sq. Kms (20.23 lakh hectares) which constitutes 19.95% of geographical area of Jammu and Kashmir. The official website of Forest Department of J&K admits decrease in forest cover. Implementing FRA will result in floodgates of fresh encroachments of fresh land throughout the length and breadth of Jammu and Kashmir. Personally I believe that the Jammu and Kashmir Forest Act 1987 is much better than FRA 2006.

Cause of FRA implementation

The uproar through media, print, electronic and other social networking sites by empathisers of forest dwellers and tribal population of Jammu and Kashmir at a time when District Development Council, by-poll Panchayat, and Urban Local bodies elections were in full swing, Government officials dismantled the hutments of tribal’s in Phalgam, and Kathua which were illegally constructed and chopped down almost 10000 apple trees in different areas of Budgam District encroached on forest land. This step of Government gave an opportunity to every political party to bank upon for canvass. This uproar probably chilled the spine of Lieutenant Governors administration to implement Forest Rights Act (FRA) 2006.

Ground Reality in Jammu and Kashmir

Let me point out here implementation of Forest Rights Act (2006) in Jammu and Kashmir. FRA is a central Legislation, Implementing FRA means legalizing loot and encroachment of our forest resource up to 2005. Let us start by considering facts and venture upon the data prepared by committee on forest encroachments in Jammu and Kashmir of 32 Forest Divisions in Union Territory of Jammu and Kashmir in alphabetical order. For convince I will write name of forest division, area encroached in hectares and total No. of encroachers: Anantnag Forest Division ,1496.1 and 6583;Awanti Pora Forest Division,144.75 and 604;Bandipora Forest Division,157.99and 1062;Basholi Forest Division,187.9945 and 938;Batote Forest Division 253.03 and 835;Bhadarwah Forest Division,192.699 and 949;Billawar Forest Division,237.6325 and 541;Doda Forest Division,232.503 and 899;Jammu Forest Division,499.9063 and 704;J V Forest Division,415.2 and 1586;Kamraj Forest Division,577.89 and 2977;Kathua Forest Division,52.8500 and 104;Kehmil Forest Division,550.80 and 2165;Kishtwar Forest Division,39.8495 and 702;Kulgam Forest Division,355.8 and 1399;Langate Forest Division,595.1 and 2632;Lidder Forest Division,368.31 and 2496; Mahore Forest Division,225.27 and 273;Marwah Forest Division,3.43 and 15;Nowshera Forest Division579.41 and 1113;Pir Panchal Forest Division,655.4 and 3160;Poonch Forest Division,371.7 and 29459;Rajouri Forest Division,1973.7 and 9135;Ramban Forest Division,2106.67 and 3370;Ramnagar Forest Division,316.5619 and 335;Reasi Forest Division,222.29 and 549;Samba Forest Division,52.0775 and 111;Shopian Forest Division,1026.7 and 3882;Sindh Forest Division,463.25 and 2312;Tangmarg Forest Division 16.86 and 121;Udhampur Forest Division,9.7164 and 302;Urban Forestry Division Jammu,3.05 and 2.

Matter of Concern and Ground Zero Reality

Equally relevant to the issue are the questions of Tribal population, schedule tribes, schedule casts, and other traditional forest dwellers of their exclusive rights on forests and implementation of pro poor schemes of different Government Departments at ground zero.
Forest Custodians Turned into Choppers
According to the data a total of 14,384.4906 hectares which is equal to 284,281.379162 kanals of forest land has been encroached by 81315 custodians (Forest dwellers, People residing near forests, Hotel owners at prime tourist destination sites et.cetra.) of forests as per Forest Rights Act ( FRA )2006 for their personal benefits. This is the official figure the ground reality shows much more encroachment,” Encroachments of forests and loot of our green gold which occurred during last 40 years in J&K is being legalized now by implementing FRA ” said Ghulam Mohammad Ahanger ex-sarpanch of Nagbal Yusmarg. Forest resources are looted mostly by those people who are dwelling in forests, residing in the vicinity of forests or by those who have commercialized forests for construction of Hotels, and cleared forest cover for the road leading to their Hotels at prime tourist destination sites like Gulmarg, Patnitop et cetra., Construction of concrete Pacca houses, Kaccha houses, Horticultural, Agricultural and grass land purposes.

Shri Brij Kishore Singh Ji Book on FRA

The Book ’Forest Rights Act-Accelerated Deforestation’ has highlighted the disastrous consequences of enactment and implementation of “the Schedule Tribes and Other Traditional Forest Dwellers (Recognition of forest Rights) Act 2006 and rules 2008 on the forests of the country. With graphic details taken from the States of Maharastra, Madhya Pradesh, Chhattisgarh, Andra Pradesh, Telangana, Odisha, and Karnataka. The book has recounted how the Act and the Rules, introduced during the UPA(United Progressive Alliance) regime ostensibly for setting right historical injustice, have triggered decimation, fragmentation and degradation of millions of hectares of forest in a span of just a decade and half. The book has also underscored the role of Politicians scheming activists and pliant bureaucrats in the implementation of FRA which in a roundabout manner has facilitated regularization of unauthorized forest encroachments, virtually negating the benefits accrued from the historic Forest (conservation )Act 1980.Given the far –reaching and beneficial influence of the forest ecosystems on the life and future of humankind, and also considering the ominous implications of the FRA on the Country’s shrinking forests, already on the brink of an ecological disaster, the book has recommended the repeal of the Act.

Harsh Reality about our Social Responsibilities

We squeezed the width of our roads by constructing houses and shopping complexes on the edges of these roads and are at the forefront in blame game against the Government. We possess a job card and are not willing to work for a mere wage rate of rupees 250 because our earning are rupees 500 daily and then spit venom against Rural Development Department of corruption and using unfair means in Mahatama Gandhi National Rural Employment Guarantee Act (MGNREGA) scheme. The reality is that we ourselves looted natural resources, encroached forest land, constructed concrete buildings on pastures and community lands, and changed the world famous lakes like Dal, Anchar, Wular, Hokarsar and others into cess pools. The irony is that instead of making natural scenic beauty of our meadows as a source of earning foreign exchange and tourist attraction spots we are willingly for our greed changing them into tourist repellent spots, changed our rivers into garbage dumping sites and then proudly blame the unfavourable circumstances prevailing in J&K.

Final word

Diversity among inhabitants of a vast country like India needs change in quantifying and measuring standards from one region to the other. Implementation of FRA will result in opening of floodgates of fresh encroachments on forest land throughout the length and breadth of our Jammu and Kashmir. What is the use of a house if you don’t have a planet to put it on .?

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