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Tribals to have no rights to sell-out land if their claims get the nod under FRA: Javaid Rahi

Dr Javed Rahi

Jammu, May 30, 2021: Maintaining  that the rights conferred under  Forest Rights Act-2006  to tribal and Other Traditional Forest Dwellers shall be “heritable but not alienable or transferable said noted tribal researcher Dr Javaid Rahi  . He stated  that Tribal shall have no right to sell out or sublet any such land to anyone within or outside the tribe, after getting rights under Forest Rights Act. He was addressing a virtual meeting on the implementation of Forest Rights Act in Jammu and Kashmir.

He said that the Scheduled Tribes and other traditional forest dwellers not only derive their livelihoods from forest resources but they celebrate ‘Jungle’ as  an integral part of their culture and ethnicity

He said that in order to settle the individual claims and community rights  on Forest Land a  proper survey, settlement, and land record, their customary rights over forest land is basic requirements.

He said that although it takes years to settle all the claims of forest dwellers in either way. We feel that govt is committed to doing so. He said with the effective functioning of district and sub-division level committees, the claims filed by Gram Sabhas get nods, he said.

He said FRA implementation will not only end the harassment of tribes but provide a sense of confidence and responsibility among them.

He impressed upon the tribal elders,  that they should have at least two proofs of their possession on Forest land dating back 2005, when FRA was implemented in other states of India. He said the other eligibility is that their livelihood must be dependent on forest only.

While replying a query,  he stated that those who are migratory tribes/groups should apply under both individual rights/community rights on pastures, dhoks etc.

He said that the effective implementation of the Scheduled Tribes and other Forest Dwellers (Recognition of Forest Rights) Act, 2006, extended to J&K in 2019 ,  which recognizes the individual as well as community rights over forest resources.

He said now tribal are not only entitled to ownership right on Forests but they are eligible to cultivate,  use minor forest produce except timber, access to water resources besides they will now have grazing rights on Forest lands, as well.

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