SRINAGAR: The Jammu and Kashmir Government has issued detailed guidelines to balance forest conservation and sustainable management with recognition and settlement of the legitimate rights of forest-dwelling Scheduled Tribes and other traditional forest dwellers under the Forest Rights Act, 2006.
The Department of Forest, Ecology and Environment, through Circular No. 07-JK(FST) of 2026, has directed all concerned departments and authorities to strictly comply with applicable laws and prescribed procedures concerning forest land, encroachment and forest rights.
The circular states that all such action shall conform to the Indian Forest Act, 1927, as applicable to the Union Territory of Jammu and Kashmir, the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, the Wild Life (Protection) Act, 1972, applicable environmental laws, judicial directions and instructions issued by competent authorities.
The government said the framework was intended to ensure that forest conservation is not compromised while legitimate claims of forest-dwelling Scheduled Tribes and other traditional forest dwellers are settled under the prescribed statutory mechanism.
Where occupation of forest land is reported or comes to notice, the concerned Forest authorities have been directed to verify the land status and classification, relevant forest and revenue records, nature and extent of occupation, period of occupation and other relevant facts and evidence concerning the claimant, including any claim under the Forest Rights Act.
Where necessary, forest and revenue records are to be reconciled and areas properly demarcated to prevent erroneous identification of land, overlapping claims and unauthorised occupation. The circular, however, specifies that such verification, reconciliation or demarcation shall be carried out without prejudice to claims pending under the Forest Rights Act.
Where an occupation is found to be unauthorised and is not covered by a forest right recognised under the Forest Rights Act or otherwise protected under applicable law, the concerned Forest authorities have been directed to initiate appropriate action for its prevention or removal in accordance with the applicable laws and prescribed procedure, with due regard to Section 4(5) of the Forest Rights Act.
The circular states that pending determination of any claim under the Forest Rights Act, the existing forest character and ecological integrity of the area shall be protected. No activity shall be permitted that alters the physical status of the land, degrades forest resources, damages forest growth or otherwise prejudices forest protection and conservation.
The Forest Department has also been directed to extend necessary assistance and cooperation to Gram Sabhas, Sub-Divisional Level Committees, District Level Committees and other competent authorities constituted under the Forest Rights Act for verification and settlement of claims.
Claims or proposed activities concerning protected areas or ecologically sensitive areas shall be examined in accordance with the Forest Rights Act, forest and wildlife laws, environmental laws, judicial directions and other statutory requirements.
The circular notes that while the Indian Forest Act provides the statutory framework for protection, preservation, management and regulation of forests and forest produce, the Forest Rights Act provides the mechanism for recognition and vesting of forest rights of eligible forest-dwelling Scheduled Tribes and other traditional forest dwellers.
“These enactments are required to be implemented in their respective fields and in a manner that ensures that genuine and legally admissible forest rights are duly recognised and protected without compromising the statutory mandate for protection, conservation and ecological integrity of forests,” the circular states.
The Tribal Affairs Department had also reiterated the mechanism and procedure for settlement of claims of forest-dwelling Scheduled Tribes and other traditional forest dwellers through Circular No. 01-JK TAD of 2026 dated July 30, 2026.
Forest Minister Javed Rana said the rights of tribal communities must be protected alongside the ecological integrity of forests.
“The basic rights of our tribal communities cannot be compromised. Forest conservation and the legitimate rights of Scheduled Tribes and other traditional forest dwellers must go hand in hand, with every action guided by law, fairness and justice,” Rana said.
He added that the government’s commitment was to protect forests while safeguarding the rights and dignity of forest-dependent communities.
