The state of Uttarakhand’s connection with the nomadic pastoral Van Gurjrar community is centuries old and their history together runs deep. The ‘Van Gujjars’ have been living at the foothills of the Himalayas before Independence. In addition to the Gujjars, many tribal communities such as the Bhotia or Shauka, Buxa or Bhoksa, Banravat, Jaunsari, Tharu, and Mahigir live in these forests. Inhabiting the state’s lush forests, the people earn their livelihood by rearing their cattle and performing sustainable farming over the year. These communities are commonly victims of poor living conditions, poverty, and malnutrition.
THINK ACT RISE FOUNDATION with the help of other NGOs, researchers and locals initiated CNPFC (Center for Nomadic, Semi-Nomadic, Pastoralist, and other forest-dwelling communities). They have strived to collect authentic data and documents to present facts to the government and advocate on the behalf of the nomadic Van Gujjar community, the NGO was authorized by the Gram Sabha of the Van Gujjars to legally represent them.
The problem was that the Gujjars from Tarai East reported that the junior officers did not permit their agriculture activities, despite having no such orders relayed by the DFO. On the other hand, the Gujjars of Tarai West and Tarai Central were able to carry out their agriculture activities in peace. Upon closer inspection, the only problem barring them from carrying out the agriculture operations is the prima facie arbitrary actions of the junior officials.
Before; when the Gujjars were not permitted to cultivate the forest land
Upon the advisory of their legal advisor, Juris Lexum, TARF wrote to the DFO of Tarai East that the Van Gujjars shall cultivate in the forest land and the reasons for why this action is completely legal.
Earlier, the communities received permission to cultivate on forest land from the forest department as per the Indian Forest Act 1927. But after December 13, 2005, no individual requires permission from the Forest department if they have been carrying out agriculture on or before the stated date.
The Gram Sabha of the Van Gujjar community has already filed their claims in Tarai East and the adjudicating authority is the District Magistrate even though the forest department does not fall under the FRA.
The NGO has submitted numerous documents that were required as evidence to prove the community’s dependence on the forest land for bona fide livelihood needs, these documents were submitted to the PCCF office and the DM of Nainital back in March of 2019.
Earlier, the Van Gujjars were considered other traditional forest dwellers, which means a member of the nomadic community who prior to13 December 2005 has primarily resided in the forest for at least three generations. They depend on the forest’s land for their bonafide livelihood needs. A generation equates to a period consisting of twenty-five years. The Van Gujjars have been living in the forest for more than 100 years, this is a known fact in the working plan of Tarai East.
The Van Gujjars were permitted to sow crops in 2014 by the government of Uttarakhand while clearly stating that any individual who meddles or breaks up any of the community’s land for cultivation or any other purpose shall be punished. The punishment being either imprisonment for a term of up to six months or with a fine of about five hundred rupees or both. In addition, the individual would be responsible for compensation for the damage done to the forest as the court sees fit.
The fact that the Gujjars of Tarai West and Central have been able to go about their daily agricultural activity while the Gujjars of Tarai East have been prohibited from doing the same falls under the violation of Article 14 and Article 21. This is because the prohibition is not a legal order but rather the arbitrary actions of junior officers. If any such legal order did exist, the right protocol would be to present it in front of the community in order to give them the chance to take the rightful action against it.
Think Act Rise Foundation acts as the Pro Bono Legal Representative of the pastoral nomadic Van Gujjar Community for the reason that they lack the education and resources to represent themselves, as authorized by the Gram Sabha. TARF advised the community to sow crops on the agricultural land which they were using earlier for the same purpose. The Gram Sabha holds the right to determine the extent of representation as
The state of Uttarakhand’s connection with the nomadic pastoral Van Gurjrar community is centuries old and their history together runs deep. The ‘Van Gujjars’ have been living at the foothills of the Himalayas before Independence. In addition to the Gujjars, many tribal communities such as the Bhotia or Shauka, Buxa or Bhoksa, Banravat, Jaunsari, Tharu, and Mahigir live in these forests. Inhabiting the state’s lush forests, the people earn their livelihood by rearing their cattle and performing sustainable farming over the year. These communities are commonly victims of poor living conditions, poverty, and malnutrition.
THINK ACT RISE FOUNDATION with the help of other NGOs, researchers and locals initiated CNPFC (Center for Nomadic, Semi-Nomadic, Pastoralist, and other forest-dwelling communities). They have strived to collect authentic data and documents to present facts to the government and advocate on the behalf of the nomadic Van Gujjar community, the NGO was authorized by the Gram Sabha of the Van Gujjars to legally represent them.
The problem was that the Gujjars from Tarai East reported that the junior officers did not permit their agriculture activities, despite having no such orders relayed by the DFO. On the other hand, the Gujjars of Tarai West and Tarai Central were able to carry out their agriculture activities in peace. Upon closer inspection, the only problem barring them from carrying out the agriculture operations is the prima facie arbitrary actions of the junior officials.
Before; when the Gujjars were not permitted to cultivate the forest land
Upon the advisory of their legal advisor, Juris Lexum, TARF wrote to the DFO of Tarai East that the Van Gujjars shall cultivate in the forest land and the reasons for why this action is completely legal.
Earlier, the communities received permission to cultivate on forest land from the forest department as per the Indian Forest Act 1927. But after December 13, 2005, no individual requires permission from the Forest department if they have been carrying out agriculture on or before the stated date.
The Gram Sabha of the Van Gujjar community has already filed their claims in Tarai East and the adjudicating authority is the District Magistrate even though the forest department does not fall under the FRA.
The NGO has submitted numerous documents that were required as evidence to prove the community’s dependence on the forest land for bona fide livelihood needs, these documents were submitted to the PCCF office and the DM of Nainital back in March of 2019.
Earlier, the Van Gujjars were considered other traditional forest dwellers, which means a member of the nomadic community who prior to13 December 2005 has primarily resided in the forest for at least three generations. They depend on the forest’s land for their bonafide livelihood needs. A generation equates to a period consisting of twenty-five years. The Van Gujjars have been living in the forest for more than 100 years, this is a known fact in the working plan of Tarai East.
The Van Gujjars were permitted to sow crops in 2014 by the government of Uttarakhand while clearly stating that any individual who meddles or breaks up any of the community’s land for cultivation or any other purpose shall be punished. The punishment being either imprisonment for a term of up to six months or with a fine of about five hundred rupees or both. In addition, the individual would be responsible for compensation for the damage done to the forest as the court sees fit.
The fact that the Gujjars of Tarai West and Central have been able to go about their daily agricultural activity while the Gujjars of Tarai East have been prohibited from doing the same falls under the violation of Article 14 and Article 21. This is because the prohibition is not a legal order but rather the arbitrary actions of junior officers. If any such legal order did exist, the right protocol would be to present it in front of the community in order to give them the chance to take the rightful action against it.
Think Act Rise Foundation acts as the Pro Bono Legal Representative of the pastoral nomadic Van Gujjar Community for the reason that they lack the education and resources to represent themselves, as authorized by the Gram Sabha. TARF advised the community to sow crops on the agricultural land which they were using earlier for the same purpose. The Gram Sabha holds the right to determine the extent of representation as it is a matter of facts and not related to the law.
As Rabi season is upon us and the community has to sow their seeds for animal fodder, the Van Gujjars will sow the crop over the area under their occupation as long as there is no objection. In this way, the Gujjars were able to sow 1,000 acres of agricultural crops.
After; where the Gujjars cultivated 1000 acres of forest land it is a matter of facts and not related to the law.
As Rabi season is upon us and the community has to sow their seeds for animal fodder, the Van Gujjars will sow the crop over the area under their occupation as long as there is no objection. In this way, the Gujjars were able to sow 1,000 acres of agricultural crops.