The issue of forest land rights remains sensitive as tribal communities are caught between the need for development and the preservation of their traditional way of life.
It was just another icy day in Kangan’s Mamer village until a group of forest guards and guardians arrived, breaking the stillness.
That day on 3rd February 2025, a fresh face off—in a series of seething events that the Jammu and Kashmir witnessed post-2019—ensued between tribals populating the forest land and the authorities aiming to establish nursery there.
Initiated under the Compensatory Afforestation Management and Planning Authority (CAMPA), the plantation project was approved in 2022 and aims to counterbalance the loss of forest land.
“But the process was interrupted when a group of locals [Gujjars] incited violence leading to stone throwing and physical confrontation with forest staff,” said the Divisional Forest Officer (DFO) of the Sindh Forest Division.
The Gujjars, a predominantly pastoral and agrarian community, have lived in the area from time immemorial. They depend on the forest for grazing land, firewood, and various other resources vital to their way of life.
And for them, the recent plantation drive wasn’t a simple environmental initiative.
An abode they call home. [FPK Photo/Abu Bakr Maqbool.]
The prospect of a nursery being built close to their settlement coupled with the fear of losing their land alerted tribals.
Their main concern was their displacement and a loss of essential grazing resources that were crucial to their livestock.
The primary source of this concern is the ambiguity surrounding the Forest Rights Act, 2006.
Until 5 August 2019—the day the erstwhile state of Jammu and Kashmir lost its special status—FRA, which provides legal recognition to the rights of tribal and forest dwelling communities, was not implemented in the region.
However, following the abrogation of Article 370 and the introduction of the Jammu and Kashmir Reorganisation Act in 2019, the legal landscape of the region underwent significant changes.
Many central laws became applicable and operational in J&K. However, FRA has not been effectively implemented in the region leaving its promises largely unfulfilled.
“Due to non-implementation of FRA,” says Raja Muzaffar, a noted Kashmiri eco-activist, “the people living in the forest and other traditional forest dwellers are not getting benefitted of this law.”
The elected government, Raja says, should take serious notice of the state of the forest. “The Forest Minister Javaid Rana should review it and make sure that the FRA is implemented and enforced on the ground.”
Too young to understand the rule of jungle. [FPK Photo/Abu Bakr Maqbool.]
Meanwhile, in Mamer, the failure to consult or include the tribal groups in the decision making process only deepened the sense of injustice lately.
“They came once, then twice and then four times,” recalls Arshi Begum, an elderly Gujjar woman. “Each time I begged for mercy. I even touched their feet, hoping they would spare us. Our men were out on work and only women faced their fury.”
The protests had begun peacefully with the tribal women leading the charge against the construction of the nursery. They gathered outside the plantation site hoping to engage in a dialogue with the officials.
“But we faced naked abuses and threats,” Yursa Begum, 40, remembers the horror of the day. “It froze us with fear.”
Videos that later went viral on social media showed forest officials manhandling and mistreating women.
“One forest official told us that we had to plant 8,000 trees here in the nursery right in front of our homes,” said Hafiza Begum, a 34-year-old Gujjar woman.
“We told them, ‘How can you do this? What if a cheetah comes and attacks our children? Our families are already living in danger, and now you want to risk us even more?’ But they didn’t care.”
The incident quickly became a flashpoint for the marginalized Gujjar and Bakerwal communities.
“Our people are not just being humiliated, they’re being jailed for resisting,” said tribal leader Zahid Parwaz Chowdhary. “Even if the officials were attacked, does that justify assaulting women?”
But while tribal activists demanded the protection of the rights of indigenous communities, the Forest Department filed an FIR against seven male members of the community, accusing them of inciting violence in Mamer.
“On the 3rd of February when this incident took place, we were in Sonamarg, doing our work,” said Ishtiyaq Kasana, 40, a tribal man. “And yet we’ve been framed in the case, when the complaint filed by our women was not even entertained.”
The legal proceedings against the tribals have listed charges under section 115(2) and 132 of the Indian Penal Code.
The FIR, however, is being perceived by the Gujjar and Bakerwal communities as a deliberate attempt to suppress their resistance to development projects threatening their existence.
“We had already agreed to leave two acres of land for nursery,” Kasana continued. “But they dismiss us illegal settlers. We’ve been living here since ages. If we are not the rightful owners of this land, then who is?”
Amid the tribal trauma, Nadeem Qadri, a noted environmental lawyer of Kashmir, believes the issue must be resolved through discussions—focussing on the negotiation as a community goodwill gesture.
“When the land in certain forests is given to the tribal communities and other traditional forest dwellers, they’ve certain duties in return to execute,” Qadri says. “But keeping the FRA into consideration, no order should be violated.”
Serene yet sullen setting. [FPK Photo/Abu Bakr Maqbool.]
For now, the looming threat of homelessness has already turned winter into a season of dread in Mamer.
“Every time I sit to study, I think, will I still have a home tomorrow? It is hard to focus as my parents are struggling,” said Shabnam Bano, a teenage girl who had once been an avid learner. “My mother often breaks down now. We are helpless.”
This anxiety is not just affecting their study but their mental state as well.
“Today, we live in a constant state of fear,” Harsha Begum, 60, said. “It feels like they can come at any time, seize our land, and throw us out of our homes.”
