SRINAGAR: In the tranquil yet rugged terrain of the Doodh Ganga forest range in Budgam, a simmering conflict over grazing rights has erupted into a full-blown legal and social battle.
The Chaskani Naad meadows, a vast expanse of over 5000 kanals, have become the epicentre of this dispute. Despite a court order mandating the holding of a Gram Sabha to resolve the issue, the village assembly has yet to be convened, leaving local residents frustrated and deprived of their rights.
The conflict traces its roots to the Forest Rights Act (FRA), which empowers local communities to claim rights over forest lands. In February 2024, the Court of Sub Judge Chadoora, under the stewardship of Civil Judge Senior Division Mir Wajahat, ruled that the Gram Sabha of the panchayat halqas Branwar, Neegu, and Jabbad must be convened within 30 days to decide the grazing rights of the local community. This directive was in response to the case of Ghulam Mohammad Jahara and others versus Ghulam Qadir Thekray. Jahara’s family claims ownership of the meadow, while Thekray alleges a coercive takeover and seeks equitable distribution of the pastureland among the local villagers.
Despite the clear directive, several months have passed without the Gram Sabha being held. Allegations have surfaced that influential local figures are deliberately stalling the process to maintain control over the pastureland. This delay has not only frustrated the residents but also undermined the principles of equitable resource distribution as mandated by the FRA and the court order.
Local residents and legal experts have voiced their discontent. Advocate Nazir Ahmad, a legal expert, pointed out the violation of democratic processes, stating, “A government officer cannot become an impediment in a democratic process like the Gram Sabha. This is an insult to Panchayati Raj, and we will write to PM Modi about it.”
Abdul Rashid Gorsi, another local resident, expressed his dismay, highlighting the plight of the Gujjar community and other grazers. “Last summer, the Gujjar community faced denial of grazing rights. A local influential family takes money as ‘ransom’ from grazers, especially from Bakerwal families of Rajouri and Poonch, to allow them to graze their animals in the meadows,” he said.
The delay in holding the Gram Sabha has raised questions about the role of local authorities. Recently, on June 28, 2024, the Chief Planning Officer Budgam instructed the BDO Surasyar Chadoora not to hold the Gram Sabha, citing a representation submitted by members of the local Forest Rights Committee (FRC). This move has been seen as a tactic to delay the democratic process further. “Members or Chairpersons of the village Forest Rights Committee are elected by the Gram Sabha and are subservient to it. The Gram Sabha can change members and chairpersons of FRCs, which is why they are worried,” added Advocate Nazir Ahmad.
The local community’s demand is clear: they seek the rightful convening of the Gram Sabha to decide on their grazing rights. The FRA stipulates that the Gram Sabha, comprising the adult population of the village, is the supreme authority to adjudicate claims, requiring a 50 per cent quorum to make decisions.
As the standoff continues, the residents of Branwar, Neegu, and Jabbad await justice, hoping that their voices will be heard and their rights recognized. The delay in enforcing court orders and holding the Gram Sabha not only undermines the rule of law but also erodes trust in the democratic process and the principles of equitable resource distribution enshrined in the Forest Rights Act.
