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<p>Forest Dwellers’ struggles worldwide revolve around their rights to lands, territories, and resources. Indigenous people’s relationships to ancestral lands are the source of cultural, spiritual, and social identity, and form the basis of their traditional knowledge systems. They have a symbiotic association with the environment they live. Historically, these communities have faced injustice. This was also prevalent in India during the pre-colonial and post-colonial periods. It was not until 2006 that the parliament enacted a new law, namely the Forest Rights Act, to address the historical injustice done to these communities. Although the Parliament passed the law, it was not extended to Jammu and Kashmir (J&amp;K) due to Article 370—which required the state's concurrence—as well as a lack of political will. This left potential beneficiaries in J&amp;K without the benefits of the Forest Rights Act. However, with the enactment of the Jammu and Kashmir Reorganisation Act of 2019, the Forest Rights Act was finally made applicable to the region. This paper critically analyses the applicability of the Forest Rights Act in Jammu and Kashmir, revealing a comprehensive examination of the legislative framework’s effectiveness within this region. The analysis delves into the intricacies of the Act’s implementation, scrutinising its provisions and their relevance to the unique socio-political and ecological context of Jammu and Kashmir. It assesses the extent to which the Act addresses the historical marginalisation of potential beneficiaries in the region, considering the disparities that may have persisted despite its enactment in 2006. Additionally, this paper examines the measures taken to enforce the Forest Rights Act in Jammu and Kashmir, analysing the challenges that may hinder its smooth implementation. Its critical analysis endeavours to provide insights into the potential hurdles. It suggests strategic approaches for enhancing the Act's applicability, providing a nuanced perspective on the way forward for its more effective implementation in the unique setting of Jammu and Kashmir.</p>

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Rooted in rights: Unraveling the dynamics involved in implementing the Forest Rights Act in Jammu and Kashmir

  • 期刊论文

  • 发表日期：

    2025年12月22日

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  • Saqib Ayoub,
  • Iftikhar Hussain Bhat

摘要

Forest Dwellers’ struggles worldwide revolve around their rights to lands, territories, and resources. Indigenous people’s relationships to ancestral lands are the source of cultural, spiritual, and social identity, and form the basis of their traditional knowledge systems. They have a symbiotic association with the environment they live. Historically, these communities have faced injustice. This was also prevalent in India during the pre-colonial and post-colonial periods. It was not until 2006 that the parliament enacted a new law, namely the Forest Rights Act, to address the historical injustice done to these communities. Although the Parliament passed the law, it was not extended to Jammu and Kashmir (J&K) due to Article 370—which required the state's concurrence—as well as a lack of political will. This left potential beneficiaries in J&K without the benefits of the Forest Rights Act. However, with the enactment of the Jammu and Kashmir Reorganisation Act of 2019, the Forest Rights Act was finally made applicable to the region. This paper critically analyses the applicability of the Forest Rights Act in Jammu and Kashmir, revealing a comprehensive examination of the legislative framework’s effectiveness within this region. The analysis delves into the intricacies of the Act’s implementation, scrutinising its provisions and their relevance to the unique socio-political and ecological context of Jammu and Kashmir. It assesses the extent to which the Act addresses the historical marginalisation of potential beneficiaries in the region, considering the disparities that may have persisted despite its enactment in 2006. Additionally, this paper examines the measures taken to enforce the Forest Rights Act in Jammu and Kashmir, analysing the challenges that may hinder its smooth implementation. Its critical analysis endeavours to provide insights into the potential hurdles. It suggests strategic approaches for enhancing the Act's applicability, providing a nuanced perspective on the way forward for its more effective implementation in the unique setting of Jammu and Kashmir.