Tribal families in Jammu & Kashmir are being violently forced out of their forest homes
In Jammu and Kashmir Ganderbal District tensions erupted in the remote village of Mamer located in Kangan Tehsil after officials from the Forest Department allegedly assaulted members of Gujjar community who were protesting against the construction of a nursery near the settlement.
The tribal community has expressed strong opposition to the project, fearing it would lead to the displacement and loss of vital grazing land that they rely on for their livelihoods.
What was intended to be a straightforward environmental initiative spiraled into a violent clash that has since sparked outrage and created deep rooted tensions between indigenous tribal communities and government led development projects.
Understanding the Forest Rights Act
Until 5 August 2019 the Forest Rights Act (FRA) of 2006, which provides legal recognition to the rights of tribal and forest dwelling communities, was not implemented in Jammu and Kashmir. The reason behind this was the special constitutional status granted to the region which allowed the state to decide whether to adopt central laws.
However, following the abrogation of Article 370 and the introduction of the Jammu and Kashmir Reorganization Act in 2019, the legal landscape of the region underwent significant changes.
The Act brought new law's including Forest Rights Act (FRA) which should have ideally provided legal safeguards to the Tribal communities.
Yet FRA has not been effectively implemented in the region leaving its promises largely unfulfilled.
The FRA, was formed for the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, and was enacted by the Government of India to recognize and vest the forest rights of forest-dwelling communities, particularly Scheduled Tribes (STs) and Other Traditional Forest Dwellers (OTFDs).
The act aims to correct historical injustices by recognizing the rights of these communities to forest resources, land, and governance.
The incident in the first week of February highlights the ongoing struggle of tribal communities in Jammu and Kashmir to secure their rights under the FRA.
The plantation drive and the tribal community’s concern
The story begins with the Forest Department's plantation drive which was a compensatory afforestation project initiated under the Compensatory Afforestation Management and Planning Authority (CAMPA).
The Divisional Forest Officer (DFO) of the Sindh Forest Division said:
“The project approved in 2022 aims to counter balance the loss of forest land due to the construction of the Thune village to Badipathri road."
In this project the forest authorities sought to plant new trees in specific regions including the Mamer village which is situated on the fringes of a forest area.
Under CAPMA, despite the initiatives intent, the plantation process was reportedly interrupted when a group of locals allegedly incited violence leading to stone throwing and physical confrontation with forest staff .
For the Tribal/ Gujjar people however this plantation drive was not seen as a simple environmental initiative. Instead it raised alarm bells.
The Gujjars, a predominantly pastoral and agrarian community, have lived in the area for generations depending on the forest for grazing land, firewood,and various other resources vital to their way of life.
The prospect of a nursery being built close to their settlement coupled with the fear of losing their land set off a series of protests among the locals. Their primary concern was their displacement and a loss of essential grazing resources that were crucial to their livestock.
Many in the community believed that the forest departments plantation initiative was a part of a broader effort to seize land from indigenous communities and use it for commercial or government projects.
The gujjar community felt increasingly alienated believing that their voices were unheard and their concerns ignored by the very institutions meant to protect them.
The government failure to consult or include these tribal groups in the decision making process only deepened the sense of injustice.
The forest officials, accompanied by guards and police, arrived in waves. Each visit brought new terror. Arshi Begum, a 61 year old woman, recalls how their repeated raids shattered their spirits:
"They came once, then twice and then four times. Each time I sat there with them pleading for mercy. I even touched their feet, hoping they would spare us. But instead of listening, they beat me with a stick” she said,"The men were not at home they had gone for labor work so we the women were left to face their wrath alone.”
The confrontation and assault
The protests began 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.
However what followed would soon escalate into a violent confrontation. According to reports when the women began protesting against the project the Forest Department personnel reacted with aggression.
The absence of male family members emboldened the officials who saw no restraint in their actions. Yursa Begum, a 40 year old woman, remembers the horror of one particular day.
“As we protested the forester turned to one guards and said, 'Rape these women'. His words sent shivers down my spine. I couldn't believe what I had just heard. The guard laughed cruelly and replied ‘I will rape them in such away that they will never be able to go anywhere again. They will be torn apart'. At that moment we knew there was no limit to their brutality."
Videos that later went viral on social media showed disturbing scenes of forest officials physically assaulting the women pushing them aside and even using vulgar language against them.
The women who had initially approached the situation with the hope of peaceful resolution were subjected to unwarranted brutality. Hafiza Begum, a 34 year old woman, recalls the day.
“The forester told us that we had to plant 8,000 trees here in the nursery right in front of our homes. We told them, ‘How can we do this? What if a cheetah comes and attacks our children? Our families are already living in danger, and now you want us to risk even more? But they didn't care. They just wanted the work done, no matter what happened to us."
Tribal local residents have claimed that the officials went too far in their efforts to quell the protest with several women being beaten and humiliated in front of their families.
The brutality of the assault became evident as it was later revealed that the officials not physically harmed the women but also verbally abused them using offensive language.
When threats weren't enough, the violence escalated. Jamila, a widow, described how the officials physically assaulted them sparing no one.
"They did not stop at threats They kept beating us mercilessly. My body ached from the blows. My dupatta,my dignity was torn from me as they humiliated us further.we were helpless and abandoned.Who would listen to our cries? Who would save us from their cruelty?”
Even young girls were not spared. Amriza, a 19 year old student, trembled as she spoke about the moment she feared for her life.
"They abused us in ways i cannot even describe.The way they looked at us it felt they could rape us anytime, do anything to us. I don't know if we will ever feel safe again ,” she whispered.
These actions went against the very ethos of public service leaving the Gujjar community, questioning the integrity and fairness of the Forest Department’s approach.
Community reaction and outrage
The incident quickly became a flash point for the Gujjar and Bakerwal communities who have long felt marginalized by the government.
Tribal leaders such as Zahid Parwaz Chowdhary condemned the actions of the Forest Department, calling it yet another example of systematic discrimination against the tribal people:
“Our people are not just being humiliated they are being jailed for resisting," Chowdhary stated, “Even if the officials were attacked does that justify them assaulting women?”
His words resonate with many in the region who felt that the violence was an overreaction to a peaceful protest and that the authorities had acted with disproportionate force.
Social media platforms erupted with the support of Gujjar women with many calling for justice and accountability.
Tribal activists and community members demanded that the government take immediate actions to protect the rights of indigenous communities and ensure that such incidents never happen again.
The incident served as powerful reminder of the vulnerabilities faced by tribal communities when it comes to defending their land rights in the face of state backed development projects.
Alongside this, the Forest Department filed an FIR against seven male members of the community accusing them of inciting violence and attacking the officials with stones and sticks. The authorities also used legal pressure to silence the community.
Ishtiyaq Ahmed kasana, a 40 year old tribal man spoke out against the false FIRs filed against them.
”If you check our location on the 3rd of February,we were in sonamarg,doing our work," he explained,"But the FIR against us? It's completely fake, we were not even present at the moment they were talking about. Our women went to the police station to submit an application about the violence they faced but no reply came. Instead they filed cases against us. Is this justice?”
He continued, his voice shaking in anger:
"We are demanding that they give us back our honor and not threaten our women publicly. The foresters came with guards and told our women to leave the place.'Where are your men?’ they asked mockingly. And when our women tried to resist they started abusing them. We have already agreed to leave two acres of land to them to build whatever they want. But we asked for a small portion where we can graze our animal's. We they build a nursery here, wild animals will start coming to our areas. Our kids already in danger. And now with no land to live on, no safe space for our families,what are we supposed to do? We are helpless. Kindly help us.”
The legal proceedings painted a picture of the forest authorities framing the incident as an act of aggression by the villagers, whole ignoring the violence that had been inflicted upon the women.
The FIR listed charges under section 115(2) and 132 of the Indian Penal Code. This legal action only intensified the sense of injustice felt by the tribal community.
The accusations against the men many of whom were not even present during the confrontation were seen by the Gujjar people as a form of retaliation a way for the authorities to deflect attention from the brutality shown to the women.
Rafaqat Ahmed Kasana, a 32 year old villager, was deeply distressed over the treatment of his people said:
"They say we are illegal settlers but we have been here for generations. If we are not the rightful owners of this land, then who is?”
This legal move was perceived by the Gujjar and Bakerwal communities as a deliberate attempt to suppress their resistance to development projects that they believed threatened their existence.
Winter in these remote areas is always a challenging time with cold making it difficult but this year it feels even more unbearable.
School going students of tribal community are struggling to complete their assignments and focus on their studies in private tutions due to the overwhelming anxiety caused by the constant fear that they could lose their homes at any moment.
For students receiving extra tuition to help them perform better in school, there is an added source of stress as they struggle to concentrate on their homework amidst the worry of what might happen to their families.
Many students are unable to focus on their assignments with their minds constantly consumed by the possibility of displacement.
One student Shabnam Bano, a 17 year old girl who had once been an avid learner, confesses:
"I try to do my winter homework but I just can't concentrate. 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. My mother cried several times because we are helpless."
This anxiety is affecting their mental health as well; a sense of hopelessness clouds their future.
The stress they face is far more than the usual pressure of school winter work it is the weight of an entire community’s struggle against a government that seems intent on taking everything from them.
The violence in the Mamer area of Ganderbal District of Jammu and Kashmir against tribal Gujjar community has left a deep scar on the tribal people. What started as a protest against a project perceived as threatening their livelihood has turned into a symbol of resistance against systematic injustice.
The assault on the women, the unfair legal actions and the lack of accountability for the officials involved have a underscored the urgent need for a more inclusive and respectful approach to development in tribal areas.
For the Gujjar community message is clear they are not willing to accept the displacement of their people or the erosion of their rights without a fight.
This incident has galvanized the community to stand up for their rights more than ever before demanding justice not just for the women who were assaulted but for the future of their entire community.
The issue of land rights remains a sensitive one as these communities are often caught between the need for development and the preservation of their traditional way of life.
Tribal rights in Jammu and Kashmir are enshrined in various laws and policies including the Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. This law was intended to protect the rights of forest dwelling tribes including their rights to access, use and manage forest resources.
However the implementation of such laws has often been slow and tribal communities continue to face the threat of displacement due to large scale development projects.
With all this uncertianity, every day feels like a countdown to an unknown fate.
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