SRINAGAR: The Jammu and Kashmir Government has directed all Deputy Commissioners to expedite the verification and settlement of claims under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, and certify completion of the process, while reiterating that no eligible forest dweller can be evicted until the statutory recognition procedure is concluded.
In a circular issued by the Tribal Affairs Department on Thursday, Commissioner/Secretary Prasanna Ramaswamy G. instructed district administrations to ensure that claims of forest-dwelling Scheduled Tribes and other traditional forest dwellers are processed through the legally mandated three-tier mechanism comprising the Gram Sabha or Ward Committee, the Sub-Divisional Level Committee (SDLC) and the District Level Committee (DLC).
The circular states that where the verification and settlement process has already been completed, Deputy Commissioners must submit a formal certificate confirming compliance in the prescribed format. Where the exercise remains pending, they have been asked to complete it “at the earliest.”
The department reminded officials that under Section 6 of the Forest Rights Act, the Gram Sabha is the primary authority for receiving, verifying and recommending individual and community forest rights claims before forwarding them to the SDLC. The Act also provides a structured appellate mechanism allowing aggrieved claimants to challenge decisions before the SDLC and subsequently the DLC, whose decision is final.
The circular also reiterates the applicability of the Forest Rights Act in municipal and urban areas, citing a 2015 Office Memorandum issued by the Union Ministry of Tribal Affairs. Under these guidelines, Ward Committees or assemblies of adult residents in identifiable settlements are to perform the functions ordinarily assigned to Gram Sabhas in urban areas.
It further clarifies that SDLCs and DLCs are required to process claims originating from municipal areas as well, with modified committee compositions replacing Panchayati Raj representatives with nominated municipal representatives, while ensuring adequate representation of Scheduled Tribes, other traditional forest dwellers and women.
Drawing attention to Section 4(5) of the Forest Rights Act, the Tribal Affairs Department emphasised that “no member of a forest dwelling Scheduled Tribe or other traditional forest dweller shall be evicted or removed from forest land under his occupation till the recognition and verification procedure is complete.”
The circular has been circulated to the Chief Secretary, Divisional Commissioners, Deputy Commissioners, the Housing and Urban Development Department, the Forest Department, and the Jammu and Srinagar Municipal Corporations for compliance.
