Dr Javaid Rahi
November 15th marks a special day in India, as the nation comes together to celebrate ‘Janjatiya Gaurav Divas’-the Tribal Pride Day. This significant occasion was first declared in 2021 to honor the legacy of the brave tribal freedom fighter, Birsa Munda who played a pivotal role in resisting the British colonial system, leading a movement against oppression and advocating for ‘Ulgulan’ – ‘The Revolution’. Recognizing the invaluable contributions of such brave tribal freedom fighters, the celebrations have now been extended to a week-long affair.
Such events provide an occasion to discuss issues with regard to tribal rights, empowerment, and sustainable development, and a deeper understanding and appreciation for the issues faced by these communities. It also provides a platform for highlighting the achievements of government in Tribal development and promoting their Culture through performances, exhibitions, traditional art displays, and interactive sessions that offer a glimpse into the vibrant tapestry of tribal life.
New Laws for Tribal Development
In 2019, a new era dawned for tribal communities in Jammu and Kashmir with the introduction of progressive laws and initiatives aimed at empowering and uplifting the Scheduled Tribes. The government of India, recognizing the need for inclusive development, has implemented a series of measures to safeguard the rights and promote the well-being of tribal communities. Among the notable reforms are the Forest Rights Act 2006, the SC/ST Prevention of Atrocities Act 1989, Panchayati Raj Amendments 73/74, and the Delimitation and Reservation in 9 Assembly constituencies for Tribal communities.
The Forest Rights Act 2006 is a historic legislation that was extended to J&K in 2019 after 14 years in other states of India. It gives tribal communities legitimacy by recognizing and granting them forest rights on the land under occupation. Under this Act, thousands of community rights have been granted to communities on lands used for grazing, farming, and other reasons over the last two years of its implementation.
The SC/ST Prevention of Atrocities Act 1989 was also extended to Jammu and Kashmir after 2019. It provides stringent measures to prevent atrocities against tribal communities, the act serves as a deterrent against discrimination and violence.
The Panchayati Raj Amendments 73/74 were also extended to J&K in 2019. It represents an important step towards power decentralization, ensuring increased representation and engagement of tribal populations in local governance. These changes open the path for the reservation of STs in Panchayats. As a result, around 2000 tribal Gujjar- Bakerwal- Gaddi-Sippi Sarpanchs/ Panchs, 80 BDC Members, 40 DDC Members, and three District Development Council Chairman have been elected. These amendments encourage tribal leaders to actively participate in decision-making processes at the grassroots level by improving the Panchayati Raj system.
To further amplify tribal voices in the political landscape of Jammu and Kashmir, the government has undertaken the delimitation from 2020 to 2022 and reserved 9 Assembly constituencies out of a total of 90 exclusively for tribal communities. This initiative aims to ensure proportional representation, allowing tribal leaders to advocate for the specific concerns and priorities of their communities at the state level.
Issues faced by Tribal communities
Land Tenure for Tribal: Around 98% of Tribal communities often rely on Forest/Govt land for the sustenance of pastoral practices. Besides grazing they use it for minor agriculture activities. Each tribal family requires land as per their animal strength and the tenure they spend in a particular area. The majority of them require land in upper reaches in Summer between May to October and in lower area between November to April. Though the Forest Rights Act (FRA) of 2006 recognizes the rights of forest-dwelling communities on Forest land but a majority of tribes utilize Government lands other than Forests including Kahacharie, river beds, and grazing fields are without such privilege of recognition of their rights on land other than forests which they have owned for centuries.
Tribal communities seek a fair, independent, impartial, open, and transparent process for the recognition of their land tenure rights on Forest and Govt land. This recognition is not just a legal formality but it can protect centuries-old traditions besides indigenous knowledge, customs, rituals, migratory traditions, and other components of heritage related to animals.
Tribal under Poverty: According to a survey carried out by the Directorate of Economics and Statistics in Jammu and Kashmir, poverty is most widespread among tribal populations, with 42% facing economic hardship, compared to 21.6% of the general population. In fact, between 2000 and 2019, a significant number of tribal abandoned pastoralism as a result of the closing of some forests for grazing under various programs such as protected forest areas, wildlife conservation and other developmental projects. This transformation proved detrimental to their economic stability, forcing many into poverty.
This forced transfer resulted in a significant percentage of the tribal community exploring other livelihoods, generally as unskilled labourers and working in Kashmir or Punjab with some finding work as guards in Kashmir Valley private orchards and other private properties of landlords. Many people who have left pastoralism and moved on to other occupations lack the appropriate documents to participate in government support programmes/ schemes. They confront difficulties obtaining basic necessities like ration cards and other subsidies under the Below Poverty Line (BPL) plan without valid identification.
Inadequate Representation of Tribes in Govt Jobs: Despite a 10% reservation, the representation of STs in various government departments remains disproportionately low. This deficiency is especially noticeable when considering the underrepresentation of the Tribal especially the Gujjar- Bakerwal community, which accounts for 90% of the region’s Scheduled Tribes. It can be judged with the example that since 1947, the first Administrative Secretary from the ST Gujjar group was not appointed until 2021, marking a significant milestone. Similarly, the first High Court Judge from a Scheduled Tribe in Jammu & Kashmir was appointed in 2022, after 75 years of independence. These appointments highlight the historical neglect and underrepresentation of STs in key decision-making roles.
Inadequate representation of Scheduled Tribes extends beyond government positions and into educational institutions. Notably, the ST Gujjar population is underrepresented in major universities such as the University of Kashmir, Sher-e-Kashmir University of Agricultural Sciences and Technology (SKUAST) in both Kashmir and Jammu, and the Islamic University has no employees of this tribe in Academics. Surprisingly, just four faculty from the Tribal community Gujjars-Bakerwals have been appointed by the University of Jammu since its establishment in 1969.
In order to address the lack of representation, proactive actions must be taken at both the policy and implementation levels. A thorough evaluation of the reservation system, as well as regular audits to assure compliance, is required.
Tribal Communities and the Lack of Basic Facilities: According to the 2011 Census, 95% of indigenous tribes live in distant, rural areas. This geographical remoteness provides a significant obstacle to their children’s educational possibilities. Because of the absence of schools in these remote areas, many tribal children cannot get a formal education, perpetuating a cycle of limited prospects and probable economic instability. A multi-pronged and mobile approach is required to address the shortage of basic facilities for native people. Governments at the national and UT levels must prioritize infrastructure development in remote tribal areas, with an emphasis on moveable schools and mobile healthcare centers, as well as the availability of solar power and clean water.
Tribal Development Initiatives during the past 3 years
Lieutenant Governor Manoj Sinha has emerged as a major force behind a number of revolutionary projects targeted at improving tribal communities. Over the last three years, an extensive number of projects, including schools, Van Dhan Yojna, mobile healthcare facilities, scholarships, cluster tribal model villages, and creative livelihood programs, have served as a light of hope for this segment of society. The Tribal Affair Department team under the headship of Dr. Shahid Iqbal Choudhary marks many milestones in Tribal development and made their life easy for them.
After 2019, there will be a paradigm shift in tribal development in Jammu & Kashmir. The comprehensive efforts, which range from education and healthcare to vocational training and economic development, demonstrate the government’s dedication to inclusivity and holistic progress. As these transformative projects take root, they are not only solving urgent concerns but also building the groundwork for a more sustainable and empowered future for the region’s native communities. The beams of optimism illuminating these projects point the way to a more egalitarian and prosperous Jammu & Kashmir for all.
(The author is doing research on Gujjars, Bakerwals, and other tribal communities of J&K )
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