The forceful evictions of the Gujjar and Bakarwal tribes in Jammu and Kashmir (J&K) have brought the issue of land rights back into the spotlight. A recent incident in the village of Mamer, Ganderbal district, Kangan Tehsil, highlights the persistent problems faced by the indigenous population of the area. According to reports, forest officials used physical force against tribe members who spoke out against having a nursery built close to their village.
In the eyes of the tribals, this initiative is more than a plantation drive, it is capable of challenging their very survival. They are also concerned that the expansion of the nursery might result in the loss of significant grazing areas, which would have a significant impact on the way they continue to live their lives.
Historical background of land rights in J&K
The forest communities in Jammu and Kashmir are subject to forcible evictions under the guise of forest conservation, which is primarily driven by the powers granted to the state by the Indian Forest Act (IFA) of 1927. The Scheduled Tribes and the Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (FRA) is supposed to provide protections for members of indigenous communities. Conversely, in the erstwhile state, the implementation of the FRA has been subject to selective application and delays, which has allowed the state to pursue evictions without following the proper procedures. The IFA and the FRA were fully extended following the abrogation of Jammu and Kashmir’s distinctive status in 2019.
Although the Government promised to clarify the rights of these communities, a significant number of Gujjar and Bakarwal people have been labelled as “encroachers” as per the new classification and their presence is claimed to disrupt the demographic landscape in predominantly Hindu-dominated places. In addition, there was a delay in the completion of procedures to authenticate land claims that had been promised by the government, and evictions took place before these procedures were completed. Owing to the destruction of their temporary shelters, it is now more difficult to recognise their rights which resulted in the elimination of significant documentation of land usage.
The lack of precise land records makes it impossible for the forest communities to prove their claims over the possessed land and also to maintain their livelihoods in the region. The Gujjar and Bakarwal people have engaged in seasonal migration and pastoralism since time immemorial. Both these communities are deeply ingrained in the Jammu and Kashmir forest areas. However, they are constantly referred to as illegal occupiers because of the unclear land records.
Ganderbal evictions: A case of systemic discrimination against Gujjar and Bakarwals?
A dispute between forest officials and members of the Gujjar tribe regarding a plantation drive led to conflict in the isolated village of Mamer in the Kangan Tehsil of the Ganderbal district. According to reports, forest authorities physically accosted tribal families during a peaceful demonstration protesting the construction of a nursery near their community. The demonstration escalated into violence.
Over time, the community has expressed their concerns regarding the project, including their apprehension of being relocated and the loss of significant grazing pastures. The nursery was created to compensate for the forest area lost due to road building as part of a compensatory afforestation scheme overseen by the Compensatory Afforestation Management and Planning Authority (CAMPA).
The Gujjars, who have lived on these lands for centuries, regarded it as another attempt to drive them out in the name of conservation initiatives. Tensions erupted as a result of the Forest Official’s violent behaviour towards tribal women, who were protesting against the move peacefully. Reports of violence against women demonstrators provoked considerable outrage across the region and an outpouring of support for the Gujjar community, demanding justice and accountability, occurred across several social media sites.
On the same day, the authorities, though, filed a First Information Report (FIR) against seven Gujjar males, stating they had incited violence. Most people across the region perceived the official response as an effort to suppress opposition. The land rights of tribal communities in Jammu and Kashmir are exceedingly vulnerable, and this incident serves as yet another reminder of this reality. The situation on the ground remains dire, despite the legal safeguards provided by the Forest Rights Act (2006). Large-scale development projects continue to endanger the lives and livelihoods of Indigenous communities, and they also fail to engage with the individuals who are directly affected by these initiatives.
Selective land policies, double standards, and the aftermath of Article 370
The striking feature of the ongoing eviction campaign in Jammu and Kashmir is the selective enforcement of land reform policies. Reports indicate that while Indigenous communities such as the Gujjars and Bakarwals are being forcibly relocated and evicted, influential people and big corporations continue to hold state land without incurring any legal consequences. The existence of this double standard contributes to the strengthening of the idea that the government is favouring certain groups over the other which in turn increases the existing socio-political differences in the region and escalates the tensions that are already there.
Demographic shifts are a major worry in Jammu and Kashmir, where the federal government is pushing for massive construction projects and new land rules that make it possible for non-residents to own property.
Jammu and Kashmir’s legal and political landscape underwent a significant change post-2019, particularly in the areas of land ownership and property rights. The Forest Rights Act (FRA), 2006, was intended to offer legal protections to tribal communities through the extension of central laws. However, the delayed implementation of the FRA and the absence of institutional support have rendered these groups vulnerable.
Instead of prioritising the verification of land claims under the FRA, eviction drives have proceeded under the Indian Forest Act (IFA), 1927, which grants the state broad authority to remove so-called encroachers. This discriminating enforcement has reinforced fears of land dispossession among marginalised communities. Some see the recent wave of evictions as a prelude to more extensive plans to change the region’s political and social landscape through land redistribution.
Demographic shifts are a major worry in Jammu and Kashmir, where the federal government is pushing for massive construction projects and new land rules that make it possible for non-residents to own property. These actions have fuelled anxieties that such measures are part of a larger effort to weaken marginalised groups and alter the region’s identity. These nomadic pastoralists, who rely on livestock and seasonal migration for their livelihood, have been rendered homeless and deprived of their means of subsistence. The demolition of their shelters not only increases their poverty and social marginalisation but also exposes them to the region’s harsh winters, intensifying their vulnerability.
Beyond the physical hardships, these forced evictions inflict profound psychological trauma, especially when executed with violence and without adequate notice. For instance, in May 2021, an eviction attempt in the village of Zampathri in Shopian escalated into violence when families from Gujjar and Bakarwal resisted the devastation of their temporary shelters. The conflict directly resulted in injuries to at least 23 individuals, five of whom were journalists. Before the eviction, residents reported that they were not given any notice, which is a clear violation of the fundamental protections of human rights.
Delays in implementation and ongoing eviction campaigns have left these communities vulnerable, even though the Forest Rights Act contains legal safeguards. In light of the recent event that took place in the Ganderbal area, it is important to keep in mind the importance of having equitable land regulations, clear legal procedures, and meaningful interaction with Indigenous communities. In the absence of these steps, the continued displacement push would make the humanitarian catastrophe much more severe and will further exacerbate the socio-political splits that are already present in the whole area.
About the author(s)
She is a Research Scholar, currently dedicated to pursuing her doctoral studies in the field of Political Science and International Relations. With more than ten years of hands-on experience across various media-related domains, she has established herself as a seasoned Media Professional.
