Jammu and Kashmir
,
Nagrota
,
Jammu
Published :
Feb 2022
|
Updated :
Forest Department Evicts Bakarwal Families in Jammu, Allegedly Questions 'Need' for Land
Reported by
Mubashir Bukhari
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
7
Households affected
People affected
2020
Year started
0
Land area affected
7
Households affected
People Affected
2020
Year started
0
Land area affected
Key Insights
Sector
Conservation and Forestry
Reason/Cause of conflict
Forest Administration (Other than Protected Areas)
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
Sector
Conservation and Forestry
Reason/Cause of conflict
Forest Administration (Other than Protected Areas)
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

In October 2020, the Jammu and Kashmir forest department sent an eviction notice to over seven Bakarwal families in Nagrota on the outskirts of Jammu. The notice reportedly asked them to vacate their houses and leave the area. After initial resistance and pleas, the families gave in.

The families claimed they were threatened by officials. “We were told that if we did not vacate the land, they will ransack our houses, thrash us and throw us out,” Fareed, one of the evictees, told the media. He argues that the land belongs to his ancestors and that his family has been living here for the past 60 years. “I have all the documents with me. The officials even checked the documents but asked why the Bakarwals need land as they are always on the move,” he added.

Mohammad Ashraf, another person from the community, said, “We were told that there is no need to educate our children as we are vagabonds, and our children will follow us into the same line of work; that education is a waste for them.”

Divisional Forest Officer Alok Mariya denied the Bakarwals’ allegation that the forest department had threatened them. “They had encroached upon forestland and were not ready to vacate their houses, so we had to serve them formal notices and they had no choice but to leave,” he told LCW.

Following the eviction, the Dalit OBC Minority, an organisation working to safeguard the rights of vulnerable sections, held a protest at Ambedkar Chowk in Jammu. It submitted a memorandum to Lieutenant Governor Manoj Sinha, apprising him of the issue of “illicit removal of tribals from their habitations”.

Terming the evictions illegal, Javaid Rahi, general secretary of the Tribal Research and Cultural Foundation, told LCW that the forest department is targeting poor people who only erect temporary sheds in summer and continue to move from place to place during winter. “These people depend on the forests, and they need land for grazing their cattle. Without any shelter at the moment, they are wandering from one place to another,” he said.

Rahi also explained that the Union laws are applicable to the Union Territory since August 5, 2019, and that the tribal communities can go to court and claim their rights over land under the Forest Rights Act, 2006. However, the extension of the Act to Jammu and Kashmir has not been formally notified yet.

The Gujjars and Bakarwals – largely nomadic Muslims - roughly comprise about 12 per cent of J&K’s population. Without legal recognition of their land rights, these communities have been facing marginalisation and eviction for decades.

2
Fact Sheet

Demand/Contention of the Affected Community

Complaint against procedural violations

Demand for legal recognition of land rights

Demand to retain/protect access to common land/resources

Other Demand/Contention of the Affected Community

Region Classification

Rural

Type of Land

Common

Forest

What was the action taken by the police?

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)

Status of Project

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

Type of investment:

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

When did it end?

Why did the conflict end?

4
Additional Information

Government Departments Involved in the Conflict:

Forest department

PSUs Involved in the Conflict:

Did LCW Approach Government Authorities for Comments?

Yes

Name, Designation and Comment of the Government Authorities Approached

Corporate Parties Involved in the Conflict:

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

Bakerwals, Tribal Research and Cultural Foundation

5
Information on the use of criminal law

What was the action taken by the police?

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Legal Supporting Documents

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Author
Reported by
Mubashir Bukhari

Mubashir is a journalist based in Srinagar. He has a Master’s degree in Sociology and Journalism & Mass Communication and a one-year PG Diploma in Broadcast Journalism. He has eight years of work experience in print, broadcast and digital media and has worked in national and regional media houses in New Delhi and Srinagar. His work focuses on environment, politics, business, education, health and culture.

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Fact sheet

Demand/Contention of the Affected Community

Complaint against procedural violations

Demand for legal recognition of land rights

Demand to retain/protect access to common land/resources

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Status of Project

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Whether the project was stalled due to land conflict

Source/Reference

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