Forest Conservation

Forest conservations

The Indian Forest Act 1927 : The Indian Forest Act,1927 aimed to regulate the movement of forest produce, and duty leviable forest produce. It also explains the procedure to be followed for declaring an area as Reserved Forest, Protected Forest or a Village Forest. This act has details of what a forest offence is, what are the acts prohibited inside a Reserved Forest, and penalties leviable on violation of the provisions of the Act. After the Forest Act was enacted in 1865, it was amended twice. (1878 and 1927).

HISTORY :

Indian Forest Act of 1865: The Imperial Forest Department, set up in 1864, attempted to establish British control over forests, by various legislations. It empowered the British government to declare any land covered with trees as a government forest and make rules to manage it.

Indian Forest Act of 1878: By the Forest Act of 1878, the British Administration acquired the sovereignty of all wastelands which by definition included forests. This Act also enabled the administration to demarcate reserved and protected forests.

The local rights were refused in the case of protected forests while some privileges which were given to the local people by the government which can be taken away are anytime. This Act classified the forests into three – reserved forests, protected forests and village forests. 

It attempted to regulate the collection of forest produce by forest dwellers and some activities declared as offences and imprisonment and fines were imposed in this policy to establish state control over forests.

 Indian Forest Act of 1927: This Act impacted the life of forest-dependent communities. The penalties and procedures given in this Act aimed to extend the state’s control over forests as well as diminishing the status of people’s rights to forest use. The village communities were alienated from their age-old symbiotic association with forests. Further amendments were also made to restrain the local use of forests mainly by forest-dependent communities. It was enacted to make forest laws more effective and to improve the previous forest laws.

Objective :

• To consolidate all the previous laws regarding forests.
• To give the Government the power to create different classes of forests for their effective usage for the colonial purpose.
• To regulate movement and transit of forest produce, and duty leviable on timber and other forest produce.
• To define the procedure to be followed for declaring an area as Reserved Forest, Protected Forest or Village Forest.
• To define forest offences acts prohibited inside the Reserved Forest, and penalties leviable on the violation.
• To make conservation of forests and wildlife more accountable.

TYPES OF FORESTS :

Broadly, state Forest Departments have jurisdiction over two types of forests notified under the Indian Forest (IF) Act, 1927 :

• Reserved Forests:Reserve forests are the most restricted forests and are constituted by the State Government on any forest land or wasteland which is the property of the Government. In reserved forests, local people are prohibited, unless specifically allowed by a Forest Officer in the course of the settlement. 
• Protected Forests:The State Government is empowered to constitute any land other than reserved forests as protected forests over which the Government has proprietary rights and the power to issue rules regarding the use of such forests. This power has been used to establish State control over trees, whose timber, fruit or other non-wood products have revenue-raising potential. 
• Village forest:Village forests are the one in which the State Government may assign to ‘any village community the rights of Government to or over any land which has been constituted a reserved forest’, are managed by state Revenue Departments.

Degree of Protection :

• Reserved forests > Protected forests > Village forests

 Forest Settlement Officer : The Forest Settlement Office is appointed, by the State government, to inquire into and determine the existence, nature and extent of any rights alleged to exist in favour of any person in or over any land comprising a Reserved forest. He/she is empowered even to acquire land over which right is claimed.

Drawbacks :

• The government claimed that the act was aimed to protect the vegetation cover of India. However, a deep investigation of the act reveals that the real motive behind the act was to earn revenue from the cutting of the trees and from the forest produce.
• The act gave immense discretion and power to the forest bureaucracy which often led to the harassment of the forest dwellers.
• Moreover, it led to depriving the nomads and tribal people their age-old rights and privileges to use the forests and forest produce.
• The revenue earning potential from timber overshadowed the other values like biodiversity, prevention of soil erosion, etc.

Forest conservation Act 1980 :

Need for Forest Conservation Act, 1980: One valuable resource that nature may provide for humanity is foresting. Therefore, it is everyone’s responsibility to protect the forest ecosystems. But the natural cycle is being disturbed by the increased deforestation. Therefore, it was necessary to enact a law to guarantee the preservation of forests.

The Indian Forest Statute of 1865, which was replaced by a 1927 iteration of the same act, was one of the earliest legal proposals to protect forest regions. However, it was mainly focused on defending the British Empire’s business interests in India.

The act granted the British the right to impose fees on wood and forest services in order to limit tribal activity. In other words, rather than safeguarding forests, it primarily regulated the chopping of timber and the movement of raw materials.

Objectives of Forest Conservation Act 1980:

●   One of the primary purposes to conserve forests is to protect the forest’s flora, fauna, and other ecological components. Below given are all the objectives of the Forest Conservation Act 1980.

• To protect the integrity, individuality, and territory of the forests.
• To replenish forests by planting more trees and encouraging the growth of forests in our country.
• To prevent the conversion of forest reserves into grazing lands, space for building residential units, agricultural lands, etc.
• To stop the decline of forest biodiversity.

Salient Features of Forest Conservation Act 1980:

The Act restricts and regulates the power of the State Government and other authoritative organisations from making decisions on some issues without taking permission from the Central Government first. Here are some features of the Forest Conservation Act 1980.

An advisory committee may be formed to aid the Central Government and advise them on matters related to forest preservation. The Central Government holds the absolute power to carry out any laws formulated under this Act. The Act states that anybody found violating the provisions of this Act is liable for paying penalties.

Section 2 of the act lists four criteria where permission of the Central Government is required for any action of State regarding –

• Declaring that any reserved forest ceases to be reserved.
• Use of forestland for non-forest purposes.
• Leasing forest to any private person.
• Declaring that any forest land may be cleared of trees that have grown naturally in that land, for the purpose of using it for reforestation.
• Removing self-regenerating forest for the creation of plantationis also the non-forest purpose.

Central government approval :  The Act mandates that the diversion of forestland for non-forestry purposes can only be approved by the central government. This requirement ensures that decisions related to forest diversion are made at the national level, with a focus on balancing economic development and environmental conservation.

Compensation for loss of forest cover : The Act requires the payment of compensation for the loss of forest cover due to the diversion of forestland. The amount of compensation is based on the net present value of the diverted forestland, and the funds collected are utilised for afforestation and reforestation activities.

Consultation with state governments and tribal communities :   The Act mandates that state governments and tribal communities be consulted before approving the diversion of forestland. The consultation process ensures that the views of local stakeholders are taken into account, and their concerns are addressed.

Mandatory undertaking for compensatory afforestation : The Act requires that an equal area of non-forest land be afforested or reforested as a compensatory measure for the loss of forestland due to diversion. The undertaking for compensatory afforestation is mandatory and non-compliance can result in penalties.

Deemed forests :    The Act recognizes the concept of “deemed forests,” which refers to areas that are not officially classified as forests but are ecologically sensitive and have forest-like characteristics. Such areas are also subject to the Act’s provisions and require the central government’s approval for any diversion.

Penalties for violation : The Act provides for penalties, including imprisonment of up to 15 months and a fine of up to Rs. 10,000, or both, for violation of its provisions. The penalties act as a deterrent and promote compliance with the Act’s provisions.

What is the Background and Proposed Changes in FC Act, 1980?

Background : After Independence, vast areas of forest land were designated as reserved and protected forests. However, many forested areas were left out, and areas without any standing forests were included in ‘forest’ lands.

In 1996, the Supreme Court suspended the felling of trees across the country, and ruled that the FC Act would apply to all land parcels that were either recorded as ‘forest’ or resembled the dictionary meaning of forest.

In June 2022, the government amended the Forest Conservation Rules to propose a mechanism to allow developers to raise plantations “over land on which the (FC) Act is not applicable” and to swap such plots against subsequent requirements of compensatory afforestation.

 Proposed Changes:

• Preamble to the Act : It proposes to insert apreamble to the Act to encompass the country’s rich tradition of preserving forests, their bio-diversity and tackling climate change challenges within its ambit.
• Restrictions on Activities in Forest : The Act restricts thede-reservation of forest or use of forest land for non-forest purposes. Such restrictions may be lifted with the prior approval of the central government. Non-forest purposes include use of land for cultivating horticultural crops or for any purpose other than reafforestation.

The Bill adds more activities to this list such as: 

(i) zoos and safaris under the Wild Life (Protection) Act, 1972 owned by the government or any authority, in forest areas other than protected areas,

(ii) eco-tourism facilities,

(iii) silvicultural operations (enhancing forest growth), and

(iv) any other purpose specified by the central government.

Land under the Purview of the Act:

The Bill provides that two types of land will be under the purview of the Act: 

• land declared/notified as a forest under the Indian Forest Act, 1927 or under any other law, or
• land not covered in the first category but notified as a forest on or after October 25, 1980 in a government record.

Further, the Act will not apply to land changed from forest use to non-forest use on or before December 12, 1996 by any authority authorised by a state/UT.

Power to Issue Directions: The Bill adds that the central government may issue directions for the implementation of the Act to any other authority/ organisation under or recognised by the centre, state, or union territory.

Exemptions:

• It seeks to exempt allstrategic linear projects of “national importance and concerning national security” within 100 km of international borders, the LAC, and the 
• The proposed amendment also includes exemptions for “security-related infrastructure” up to 10 hectares,and additional activities such as silvicultural operations, construction of zoos and wildlife safaris, eco-tourism facilities, and any other activities specified by the Central Government.

Issues:

• With the amendments, all those forest lands which do not fall in the reserved area but are available in government records before 1980will not come under the purview of the Act.
• Thisdiverts away from the Supreme Court’s 1996 verdict which had ensured every forest mentioned in government records gets legal protection against deforestation.
• Critics argue that the terms like ‘proposed’, ‘ecotourism facilities’, and ‘any other purposes’ can be exploited or misused for activities damaging forestsand ecosystems in forest lands.
• They also argue thatplantations are a significant threat to Indian forests as they replace the natural ecosystems, affect soil quality, and particularly threaten the native biodiversity.

Compensation Afforestation :

Introduction: Forest land can be diverted for non-forest development activities like infrastructure project with approval of state and central government. For this diversion afforestation must be done as compensation for diversion of forest and so called compensatory afforestation.

Compensation must be paid for loss of ecosystem and biodiversity i.e. both tangible and intangible losses. The total valuation of this is called Net Present Value. This cost has to be borne by agency responsible for diversion of the state land.In India, according to the forest conservation act 1980 and the rules and guidelines formed under it, in case of diversion of forest land for non-forestry purposes.

The equivalent non forest land has to be identified for compensatory afforestation.

Funds for raising compulsory afforestation has to be imposed.

For certain activities additional conditions are imposed.  For e.g. in case forest land is being converted for mining purposes additional conditions like maintaining a safety zone area, fencing and regeneration etc are stipulated.

MoEF&CC is the nodal agency. Application for clearance (land conversion) must be made to MoEF&CC through the concerned forest departments of the state government. The application/proposal should include details of non forest/ degraded forest identified for afforestation purposes,year wise phased targets ,species to be planted and a suitability certification from afforestation/management point of view. If clearance is given , the compensation for the lost forest land is also decided by the Ministry and regulators.

Criteria for identifying non forest land for compensatory afforestation

• It should be identified contiguous to or in proximity of reserve forest or protected forest.
• In case the non-forest land is not available in the same district then it should be identified within the same state /UT.
• If land is unavailable, in entire state, funds for raising the CA in double the area in extent of forest land diverted need to be provided by the user agency. And this non availability of the suitable non forest land for CA in the state /UT would be accepted by the central government only on the certificate of Chief Secretary to the state/UT.

Who implements afforestation and development work? After receipt of the money, State forest department is to accomplish the afforestation for which money is deposited in the compensatory afforestation fund within a period of one year or two growing seasons.

How many saplings have to be planted? In Raghunath Jha vs Ministry of Urban Development Judgement, the Nation Green Tribunal said that permission to cut tree can be obtained only on the condition that if any tree is fell or permitted to cut in place thereof at least, 10 trees shall be planted.

Advantages of compensatory afforestation :

• Balances development with environmental requirements
• Can help in increasing the tree cover as the compensatory fore station is larger than the fell tree.

Compensatory Afforestation Fund Act, 2016

Background: Formation of CAMPA (Compensatory afforestation fund management and planning authority)

In July 2009 , the Supreme Court of India issued orders for the formation of CAMPA (compensatory afforestation fund management and planning authority) as National advisory council under the chairmanship of Union minister of environment and forestry for monitoring, technical assistance and evaluation of compensatory afforestation activities. 

Objectives of CAMPA :

• Promote afforestation and regeneration activities as a way of compensation for forest land diverted to non forest uses.
• National CAMPA Advisory council has been established as per the orders of the honourable Supreme Court with the following mandates.
• Lay down broad guidelines for the state CAMPA.
• Facilitate scientific,technological and other assistance that may be required by state CAMPA.

State CAMPA :

• Would receive the funds.
• Administer the amount received from ad hoc CAMPA and utilise the funds collected for undertaking compensatory afforestation,assisted natural generation ,conservation and protection of forests, infrastructure development,wildlife conservation and protection and other related activities
• Would provide an integral framework for utilising multiple sources funding and activities relating to protection and management of forests and wildlife.
• In sum , the prime task of state CAMPA would be regenerating natural forests and building up institutions engaged in the task in the state forest department.

Main provisions of the Act :

• Statutory Backing to Funds and Authorities
• The act provides legal backing to centre and state funds and regulate how this money will be utilised.
• The funds would be created under Public Account of India and Public Account of State respectively.

What kind of payment would come into the fund?

• Payment for compensatory afforestation
• Payment for loss of forest ecosystem (Net present value)
• Payment for violation and diversion of forest land guideline
• Additional payment for specific projects

How the funds will split between centre and state

• The state would get a bulk of money (90%) and (10%) would go to the centre.
• The funds will go to the public account of the state and centre.
• This will bring these funds within the overall oversight and control of parliament and state legislatures.

How the money would be utilised?

State funds : Compensatory afforestation, Regeneration of forest, Infrastructure development, Forest and wildlife protection. 

National fund :  Monitoring purposes and approved schemes of forestry and wildlife

How the fund will manage?

National CAMPA : core committee responsible for broader policy and day to day working and Specific group of experts Ro. Environment,science,economics and other fields responsible for monitoring

State CAMPAs : Responsible for managing state level funds, Auditing, The act also provides for annual audit of the account by CAG

Expected impact :

• End of era of AdHocism
• The statutory authorities at centre and state levels
• Expedition Utilisation
• Employment generation in backward and tribal areas.
• Increase availability of timber and other forest products.
• Improving the quality of forest.

 MoEF&CC modifies compensatory afforestation rules for ease of business :

• States with over 75% forest cover looking to divert forest land for non forestry projects ,can now carry out compensatory afforestation in other states.
• It will promote ease of businesses and will give a push to projects stuck for want of non forest land.

The scheduled tribes and other traditional forest dwellers (recognition of forest rights ) act 2006:

Background: Need of the law , ending the exploitation under the Indian forest act 1927. Under the Indian forest act 1927 areas were often declared to be government forests without recording who lived in the area, what lands they were using, what uses they made of the forest and so on.

Introduction : The 2006 law concerns with right of forest dwelling communities to land and other resources, denied to them over decades as a result of the continuance of colonial forest law in India

Main Objectives of the 2006 act :

• Grant legal recognition to the rights of forest dwelling communities partially correcting the injustices caused by the forest laws.
• To address the advance living conditions of many tribal families living in the forest
• Make a beginning towards giving communities and the public a voice in forest and wildlife conservation
• Model agency for implementing the act is the Ministry of Tribal affairs.

Rights under the Forest Rights Act:

Title rights:

• It gives forest-dwelling tribal communities (FDST) and other traditional forest dwellers (OTFD) the right to ownership to land farmed by tribals or forest dwellers subject to a maximum of 4 hectares.
• Ownership is only for land that is actually being cultivated by the concerned family and no new lands will be granted.

Use rights:

• The rights of the dwellers extend to extracting Minor Forest Produce, grazing areas.

Relief and development rights :

• To rehabilitatein case of illegal eviction or forced displacement and to basic amenities, subject to restrictions for forest protection.

Forest management rights:

• It includes the right to protect, regenerate or conserve or manage any community forest resource which they have been traditionally protecting and conserving for sustainable use.

The main provision can be summarised as follows:

• Individual forest right/land ownership to land that is being farmed by tribals or forest dwellers as on 13 dec 2005 subject to a maximum of 4 hectares.
• Three steps in recognising land ownership rights under the Section 6 of the Act provides a transparent 3 step procedure for deciding who gets the right.

First, the gram sabha (full village assembly,NOT gram panchayat ) makes a recommendation i.e who has been cultivating land for how long, which minor forest produce is collected etc.

Two stages of screening committee : Gram sabhas recommendation goes through two states of screening committees at the Taluka and district levels

The district level committee makes the final decisions.

• Community rights > Resources Use Rights to monitor forest produce also including ownership, to grazing areas to pastoralist routes etc
• Forest protection and management rights to protect forest and wildlife. This include right to protect, regenerate or conserve or manage any community forest resources which they have been traditionally protecting and conserving for sustainable use.
• Relief and development rights to rehabilitate in case of illegal eviction or forced displacement and to basic amenities, subject to restrictions for forest protection

Powers to gram Sabha :

• The act provides for diversion of forest land for public utility facilities managed by Government,such as schools ,dispensaries, fair price shops,electricity and telecommunication line ,water tanks etc. with the recommendation of Gram sabhas.
• Rights of conversion of forest villages into revenue villages> Adjudicated by the Gram Sabha, sub divisional level committees and the district level committee

Significance of the Act :

Sense of security: Individual forest rights give forest dwellers a sense of security against future evictions. Huge potential to further the goals of  Grassroots democratisation of forest governance.

Communities in different parts of the country have successfully used the FRA to protect forest and their bio cultural habitats as illustrated in the examples of Dongria Kondh’s campaign to protect Niyamgiri hills.

Area : In terms of area, potentially up to 85.6 million acres or 34.6 million hectares of forest could be recognised as community forest reserve (CFRs) in the country.

Population: In terms of potential beneficiaries,an estimated 200 million scheduled tribes and other traditional forest dwellers in over 170000 villages are the users of the potential area, and could therefore gain collective rights over forests under the CFR provisions of ten FRA.

Alleviate poverty in forest heartlands.

By ensuring that benefits from forest product harvest and enterprises and from reforestation carbon sequestration and  provision of ecological services,go directly to the right holding gram Sabha and their members  For instances,several tribal and OTFD gram Sabha in Gadchiroli district of Maharashtra and Narmada district of Gujarat have earned tens of lakhs of rupees from the sale of bamboo and tendu leaves from their CFRs.

Land Reform : FRA if properly implemented can become the largest land reform in India’s history.

Internal security:Potential to deal with Left wing Extremism.