The Uttarakhand High Court uphold the right of life of Van Gujjars to migrate to their summer homesteads in the bugyals located within the Govind Pashu Vihar National Park in Uttarkashi district.
- The court directed steps should be taken to allow their entry into the park to eke out a living if they test negative for COVID-19 and have the required legal documents with them.
- The High Court observed that prima facie, the fundamental right to life under Article 21 of the Constitution of India is being violated by the respondents in this case.
What is the issue?
- According to the Down To Earth, the Van Gujjars pursue seasonal migration from the Terai-Bhabar and Siwalik region of Uttarakhand to the higher bugyals (Himalayan alpine meadows) in the Western Himalayas in summer and vice versa in winter.
- The Van Gujjars do possess legitimate permits across their summer and winter homesteads.
- This time, their access to the Sankri, Rupin and Supin ranges in the summer was denied.
- Advocate General S. N. Babulkar has stated that the entry of these families may endanger the wildlife at the park as the coronavirus may spread from human beings to animals.
- The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 or Forest Rights Act (FRA) has ensured that even pastoralists possess rights to access grazing pastures in lieu of the Community Forest Resource right they are eligible for.
- Section 2 (a) of FRA prescribes for the rights of pastoral communities on customary common forest land within the traditional or customary boundaries of a village.
Who are Van Gujjars?
- Van Gujjars are the forest-dwelling nomadic community inhabiting the foothills of Himalayan States such as Uttarakhand, Himachal Pradesh and UT of Jammu and Kashmir.
- They usually migrate to grasslands in the upper Himalayas during summers to feed their cattle, their primary source of livelihood and subsistence.
(Sources: The Hindu and Down To Earth)
