Dr. Javaid Rahi
The Jammu and Kashmir administration has recently notified an important Policy for sustainable collection and utilization of Non-Timber Forest Produce (NTFP). The said policy was launched by J&K Forest Department in December 2022 with the objective to extend livelihood support for the people residing in and around forests, by promoting maintainable extraction, value addition and development of market linkages.
Definition of NTFP
The Non-Timber Forest Products (NTFP), is mainly defined as fiber, fodder , food, medicinal plants, construction , fire wood (Non-Timber) honey, wax, lac, herbs, roots, tubers and other minor forest materials related to forests. The list of NTFP is mainly prepared by the Ministry of Tribal Affairs which is the national nodal agency in implementation of Forest Right Act 2006 across India . Such lists differ from state to state, area to area. In FRA the NTFP is defined under the category of minor forest produce (MFP ).
The Minor forest produce plays an important role in boosting the tribal economy of the communities dependent upon forests for livelihood. In J&K around 02 million people are dependent on NTFPs .The Forests are the critical component for the sustenance of tribal communities . In J&K the Gujjars, Bakkarwals, Gaddis and Chopans are living in or dependent on forests.
Importance of NTFP Policy
The first ever NTFP policy of J&K is a landmark reform towards the sustainable collection and utilization of forest produce that will enhance the livelihood opportunities of the forest dependent communities including tribal.
Further, the main objectives of the policy was to promote in-situ conservation of the NTFP through the active participation of forest dwelling communities. It further aimed to support the livelihood of local communities and facilitate value addition, value chain, creation and developing market linkages by the Forest Department in collaboration with J&K Rural Livelihood Mission, Department of Tribal Affairs and Mission Skill Development.
The policy was designed to facilitate conservation and development of medicinal plants in natural forests engaging local communities to contribute. The policy is all set to encourage and form co-operatives at village level for non-destructive harvesting, processing and marketing of medicinal plants and other species having commercial value with a view to augmenting their income.
Legal side of the Policy
The Policy is extremely surprising in terms of its ‘legal framework’ . It is broadly based on ‘Biological Diversity Act-2002’ , and ‘Indian Forest Act -1927’ instead the ‘Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act in 2006 whereunder the union Ministry of Tribal Affairs (MOTA) has launched a number of Central Scheme related to NTFP.
The J&K’S NTFP policy 2022, draws its power of governing/ execution from the ‘Biological Diversity Act-2002’ . The said Act is dealing with preservation of biological diversity and provides a mechanism for equitable sharing of benefits of traditional biological resources and knowledge only while the NTFP term is very comprehensive one which accumulates dozens of other items not covered under medicinal plant / biological resources.
Apparently, there are a few mentions of Forest Right Act 2006 in the policy document but in its implemental / operational part , the policy gets all the power from ‘Biological Diversity Act-2002’. The policy says that implementing agencies should ensure that no provision of Indian Forest Act, 1927 and the Biological Diversity Act, 2002 are not violated and observed in letter and spirit but ignored Forest Right Act 2006 which , as per legislation, is in addition to these two Acts.
Implementation of Policy
Further, as per the ‘operational framework’ of the said Policy ,the sustainable collection and utilization of NTFP will be facilitated through ‘Biodiversity Management Committees’ , to be constituted in near future, under ‘Biological Diversity Act-2002’ , within the jurisdiction of a local body or a panchayat in J&K. These committees , as per act , are empowered to collect levy charges on the biological resources accessed or collected from their jurisdiction for commercial purposes. And as per the policy, the committees will establish a “Conservation Fund” and shall use the collected money for conservation and promotion of Biodiversity in the said area .But on the other hand in rest of the states/UTs the traditional collector of forest produces are the sole owner of their collections and the Gram Sabha /Forest Rights are empowered to give permit to transport NTFP under Forest Rights Act 2006 .
Role of JK Forest Department
The Forest department, as per policy, is going to play a main role of facilitative agency whereby, the collectors and traders could now get the resources authenticated/labelled from them. The Policy further reads that NTFP traders will register their depot under J&K Forest Produce (Sale and Registration of Depot) rules, 2020. It also says that NTFP will be transported as per the procedures, governed by J&K Forest Produce (Transit) Rules 2020.
Under the said policy , the Forest Department is now going to notify the areas that can be taken up for sustainable collection and utilization of specific NTFP for the year 2023-24.
The said JK NTFP policy also gives importance to J&K Forest Produce (Transit) Rules 2020 for transportation of NTFP besides as per policy, the J&K Forest Corporation, is now empowered to provide an electronic platform for the NTFP aggregators and Traders, for trade of NTEP.
NTFP in other States of India
In the rest of India , the NTFP Policy and its implementation is largely conducted under Forest Rights Act -2006. The states of India are guided by the Ministry of Tribal Affairs with regard to NTFP with regard to making lists of NTFP , permissions, rules and inter-state transportations etc.
For example, the Government of Orissa passed an order on 31st March 2000 vesting the Gram Panchayats (GPs) the authority to regulate the purchase, procurement and trade so that the primary gatherers get a ‘fair price for the NTFPs gathered by them’.
The Govt. of Andhra Pradesh has started procurement of Non-Timber Forest Produce (NTFP) collected by the tribal for the Socio-economic upliftment of STs residing in the State.
NTFP & TRIFED /Van Dhan Yojana
Under MOTA, on 14th April, 2018, the Prime Minister of India Narendra Modi launched ‘Van Dhan Scheme’ with the aim to improve tribal incomes through value addition of tribal products.
The said scheme is implemented in the entire India by TRIFED which is working across India with the basic mandate of bringing about socio-economic development of tribals of the country by institutionalizing the trade of Minor Forest Produce (MFP).
TRIFED’s MSP for MFP & Van Dhan program is in line with the “The Scheduled Tribes and Other Traditional Forest Dwellers (Forest Rights Act 2006)” and monitored by the Ministry of Tribal Affairs.
Presently ,the TRIFED’s MSP for MFP & Van Dhan program is operational in eight districts of J&K which includes Rajouri, Poonch , Reasi, Kishtwar, Shopian, Anantnag, Bandipora and Ganderbal with the support of Union Ministry of Tribal Affairs.
The Van Dhan programme is operational in maximum States/UTs of India in almost 307 Districts including a few districts from Jammu and Kashmir . As per data of MOTA with collection and sale of MFPs contribute 40 – 60 % of tribal annual earnings and further “Value Addition” helps in tripling or quadrupling their income.
Suggestions
In respect of NTFP, J&K must adopt the model of other states of India to implement the policy, otherwise, it will be unable to take benefits of various schemes worth hundreds of crores launched by the Ministry of Tribal Affairs (MOTA) across India.
‘The Scheduled Tribes and Other Traditional Forest Dwellers ( Forest Rights Act, 2006 )”- a key forest legislation passed for securing protection and livelihood of poor tribals , so the policy related to sustainable collection and utilization of Non-Timber Forest Produce (NTFP)” is required to be based on the said legislation. It will also help UT of J&K to govern , regulate and execute various issues related to NTFP stands already approved under Forest Right Act 2006.
Further, Forest department may start some initiative for empowerment and strengthening of local institutions such as Gram Sabha/FRC instead of constitution of new Bio Diversity Committees across UT for implementation of NTFP for livelihood under the policy , and help FRCs/ Tribal and other Forest dwellers to establish primary cooperative societies and encourage procurement agencies for NTFP like other states of India.
In addition to above , the forest Department may implement necessary legal provisions with regard to protection and conservation of forests. A comprehensive list of NTFP with a restricted quantity to extract, be prepared and publish on priority . Further , JK Forest Department should make scientific names of species mandatory in all official communications and reports so as to avoid confusion, overlapping in the scheme and to give priority to collectors belonging to below poverty line population in view of their dependence on the NTFP resources.
(The author is a tribal researcher and working in tribal on FRA implementation in J&K)
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