Jammu and Kashmir
,
Keller block in Shopian
,
Shopian
Published :
Mar 2022
|
Updated :
Gujjar Families Clash with Forest Officials during Eviction Drive in Kashmir's Shopian
Reported by
Rabiya Bashir
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
12
Households affected
58
People affected
2021
Year started
1
Land area affected
12
Households affected
58
People Affected
2021
Year started
1
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

On May 24, 2021, an eviction drive in Shopian’s Zampathri village turned violent as Gujjar and Bakarwal families resisted and clashed with officials while protesting against an anti-encroachment drive. The forest department reportedly demolished temporary shelters of 12 Gujjar families on 1.5 acres of forestland. At least 23 people were injured, including five journalists.

A video of a brutally beaten-up Gujjar man went viral on social media after the violence. The Gujjar families informed reporters that they were not permanent residents of the area but had been erecting temporary sheds for shelter and grazing their cattle. “They are evicting us without serving any notice. We insisted that we leave the area every year and there is no need to evict us, but the forest officials did not listen,” one of the Gujjars told the media. They alleged that the officials reportedly beat up whoever tried to intervene and injured three persons, including two women.

Forest officials, on the other hand, claimed that once the eviction drive started, the Gujjar community assembled and took the officials as well as journalists hostage in a fenced area.

District Forest Officer Mohammad Ayoub told LCW that they had no choice but to evict people occupying forestland. "We have to protect the forest areas, and the government is taking strict measures in this regard. During the eviction drive, people from the Gujjar community attacked forest department officials and journalists. If they had any proof of land ownership, we would not have evicted them, but they failed to furnish evidence.”

Some of the evicted families are staying with relatives temporarily while others have moved away as part of their seasonal migration.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand for legal recognition of land rights

Demand to retain/protect access to common land/resources

Other Demand/Contention of the Affected Community

Demand for implementation of the Forest Rights Act, 2006

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?

No

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:

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
Rabiya Bashir

Rabiya is an independent journalist based in Srinagar, Jammu and Kashmir, having completed her Master’s in Journalism and Mass Communication. With a field experience of seven years, she has worked with regional and national media houses in Delhi and Srinagar. Her work focuses on environment, politics, women, health, culture and human rights, with her primary focus being on climate change, renewable energy, forest, food security, sustainable food and agriculture.

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Fact sheet

Demand/Contention of the Affected Community

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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