Dr Javaid Rahi
Since November 15, 2021, the nation has started a countrywide celebration of “Janjatiya Gaurav Divas” (Tribal Pride Day) on the occasion of the birthday of Birsa Munda, a tribal hero and freedom fighter. Last year, Tribal Pride Day was extended to Tribal Pride Week, but this year, the Government of India has expanded the celebrations of ‘Tribal Pride’ beyond a single day or week, facilitating year-round activities. The year-long celebrations will provide a unique opportunity to deliberate upon tribal rights, reservations, FRA implementation , study empowerment initiatives and its impact on society, and highlight these communities’ specific cultural pride through festivals, art displays, performances, and exhibitions.
Tribal Demography
In Jammu and Kashmir, 16 distinct communities have been recognized as Scheduled Tribes by the Government of India. Each community contributing a unique blend of socio-cultural diversity. In the UT this official recognition is divided into two categories and listed 12 tribes under the ST-I classification and four others under ST-II. The categorization demonstrates that these communities deserve the special treatment they have been entitled to. The ST-I comprises tribal communities including Gujjar , Bakerwal, Gaddi , Sippi , Shina/Dard, Bot, Balti, Beda, Moon, Garra, Changpa, and Purigpa. They have been declared Scheduled tribes in 1989 and 1991. The ST-II classification, established more recently in 2024, recognizes four additional groups in the Tribal list of Jammu and Kashmir including Pahari Ethnic Group, Paddari Tribe, Gadda Brahmin, and Koli community. Each of these 16 tribes in Jammu and Kashmir possesses a distinct culture, language, and set of traditions of their own.
Together, the ST communities make up around 25% to 30% of the population of the Jammu and Kashmir UT and are entitled to 20% reservation in government institutions, as per Reservation Rules. In the most recent election, 22 out of 90 MLAs representing tribal communities were elected, and two of them are now serving in the Cabinet of Ministers.
Forest Rights and Rehabilitation issues
A significant portion of Tribal communities, particularly the Gujjars, Bakarwals, Gaddi, and Sippi, sustain their livelihoods through pastoralism which necessitates access to vast tracts of land. The land they occupy provides them not only with grazing grounds for their livestock but also serves as a source for small-scale agricultural activities that support their families. However, these communities face numerous challenges in securing their rights to the land they have depended on for generations.One of the primary struggles for these communities is rooted in their dependence on seasonal migration. During the summer months, from May to October, tribal families move to the upper reaches, where lush meadows provide ample grazing for their animals. As winter approaches, they return to the lower regions, where the climate is milder and resources are more accessible. Each family requires a specific amount of land to sustain their livestock, and their needs are closely tied to the size of their herds and the duration of their stay in a particular area. However, securing this land and the rights to use it has long been a contentious issue.
The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 was enacted to address precisely these challenges. While this Act was implemented across most of India on December 29, 2006, Jammu and Kashmir remained excluded from its provisions until the abrogation of Article 370 in August 2019. Only on October 31, 2019, was the Act extended to Jammu and Kashmir, offering a pathway to land security for its tribal communities.
The implementation of the Forest Rights Act (FRA) in Jammu and Kashmir five year back , brought hope and tangible change for many tribal communities. On September 13, 2021, a historic event took place when Lieutenant Governor Shri Manoj Sinha, in a ceremony at SKICC Srinagar, issued the first individual and community rights certificates under the FRA to beneficiaries from the Gujjar-Bakarwal and Gaddi-Sippi communities. This event, followed by similar programme in Jammu, marked a new era for tribal communities, as they finally received formal acknowledgment of their traditional rights to forest lands.
Despite these steps forward, the implementation of the FRA in Jammu and Kashmir is still far from complete. Over the last five years, approximately 5,000 community claims have been processed and distributed among the region’s tribal and forest-dwelling communities. However, thousands of individual claims remain pending.
All the political parties across the spectrum have committed to the implementation of the FRA in Jammu and Kashmir as part of their manifestos, the pace of progress remains frustratingly slow.
The annual celebration of Janjatiya Gaurav Divas, or Tribal Pride Day, serves as a reminder of the promises made to tribal communities. In Jammu and Kashmir, this day has added significance, as it reinforces the urgency of fully implementing the Forest Rights Act.
Where the tribal lives on non-forest areas especially on Government land, River beds and other lands like Khacherai, shamlat , Khalsa etc they must get rehabilitated through the introduction of new laws.
Inadequate Representation issues
Despite a well defined reservation policy for Scheduled Tribes (STs) in Jammu and Kashmir, the representation of these communities in government employment remains strikingly low. This underrepresentation is particularly apparent among the Gujjar-Bakerwal community, which constitutes around 60% of the region’s ST population. For example,in universities across Jammu and Kashmir, the representation of tribal communities remains dismally low. The University of Kashmir, the Sher-e-Kashmir University of Agricultural Sciences and Technology (SKUAST) in both Kashmir and Jammu, none of the faculty members represent the Gujjar-Bakerwal community who were declared ST in 1991. At the University of Jammu, just four from the Gujjar-Bakerwal community have been appointed out of around four hundred faculty members since the university’s inception in 1969, highlighting a systemic oversight that continues to deny ST communities educational and professional opportunities.
The Tribal day remind us to implement the constitutional guarantees of equility.
Basic amenities issues
According to the 2011 Census, 95% of indigenous tribal populations reside in remote, rural areas, far from urban centers. This geographical isolation poses a significant barrier to educational and healthcare access, with profound impacts on the livelihoods and future prospects of tribal youth. In many of these remote regions, schools are scarce, and the lack of transportation options further restricts children’s access to formal education. This absence of educational infrastructure perpetuates a cycle of limited opportunities and potential economic instability for these communities.
Similarly, water, food , healthcare facilities for human beings and livestock in these regions are minimal, with tribal families often forced to travel long distances. The absence of nearby healthcare facilities exacerbates health challenges, especially for vulnerable groups like women, children, and the elderly. The lack of reliable access to clean drinking water, electricity, and sanitation infrastructure further impedes daily life, leaving many tribal families without the basic facilities that urban populations may take for granted.
To address these deficiencies, a multi-pronged and mobile approach is essential. Governments at both the national and Union Territory (UT) levels prioritize infrastructure development in these remote tribal regions. Focusing on mobile schools and healthcare centers can provide flexible solutions, reaching communities that are often on the move due to their pastoral lifestyles. Solar power installations can provide a sustainable source of electricity, and initiatives to ensure clean drinking water could significantly improve the quality of life for tribal families.
Addressing the issues faced by the tribal communities of Jammu and Kashmir calls for systemic reforms and targeted initiatives. The Forest Rights Act requires to be implemented in true letter and spirit. Under representation of ST communities in government jobs and higher education must be addressed through stricter adherence to reservation policies, regular audits, and mentorship programs. Additionally, tackling the basic amenities issues and infrastructural deficiencies in tribal regions requires innovative solutions prioritizing accessibility, sustainability, and community involvement.
( The author is researching Gujjars, Bakerwals, and other tribal communities of J&K )
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