2024

MAPPING GOVERNANCE DIVERGENCE: COMMUNITY FOREST RIGHTS, LAND REFORMS, AND THE PERSISTENCE OF PASTORAL MARGINALISATION IN JAMMU & KASHMIR

Author(s): Sabba Choudhary

Abstract

This paper argues that the exclusion of Gujjar–Bakarwal pastoralists from land rights in Jammu and Kashmir becomes clearer when compared with land reforms and Forest Rights Act (FRA) outcomes in other Indian states. States like Maharashtra, Odisha, and Gujarat have used the FRA to secure community forest rights and strengthen pastoral or forest-based livelihoods. In contrast, Jammu and Kashmir’s sedentary-focused land reforms and its late adoption of the FRA have left migratory users largely unrecognised. Unlike Gujarat’s Maldharis who have obtained collective tenure, Gujjar–Bakarwals still lack documented grazing routes, community rights, and institutional representation. The comparison shows that their marginalisation stems not from pastoralism itself but from legal and administrative choices that restrict mobility and limit customary access. Addressing this requires tenure frameworks that explicitly recognise mobile pastoral practices.