Forest Laws and Policies of India. Ajay Kumar Saxena

Transcription

1 Forest Laws and Policies of India Ajay Kumar Saxena

2 What is a Forest?

3 What is a Forest? Oxford Dictionary : a large area covered chiefly with trees and undergrowth Ecological: An ecological community comprising mainly of trees and woody perennials. Legal: legally defined land area (which could have no vegetation at all) under the jurisdiction of the national agency managing forests. FAO: land with a tree canopy cover of more than 10 percent and area of more than 0.5 ha. UNFCCC: a minimum area of land of hectares with tree crown cover (or equivalent stocking level) of more than per cent with trees with the potential to reach a minimum height of 2-5 meters at maturity in situ. CBD: a forest is a land area of more than 0.5 ha, with a tree canopy cover of more than 10%, which is not primarily under agricultural or other specific non-forest land use FCA, 1980: Forest land mentioned in Section 2 of the Act refers to reserved forest, protected forest or any area recorded as forest in the Government records. FRA, 2006: Forest land means land of any description falling within any area and includes unclassified forests, undemarcated forests, existing or deemed forests, protected forests, reserved forests, Sanctuaries and National parks. FSI: all lands more than 1 ha with tree canopy density of more than 10%.

4 Forests of India A huge variety - 16 major types, 221 forest types- from Tropical to Alpine Harbour 8% of global biodiversity with about 45,000 plants species and 90,000 animal species Spread over 21.34% of geographical area (FSI, 2015) Very Dense (>70%) : 2.61%, Moderate Dense (40-70%): 9.59%, Open (10-40%): 9.14% and Scrub (<10%) : 1.26% Home to ~300 million people of India. Per capita forests ha (global 0.6 ha) Of 530 million livestock population in India million fully depend on forests

5 Forests of India: Some Facts Forest sector in GDP 0.67% Indian forests continue to be managed under archaic Indian Forest Act, 1927 with age old science and practices. Forests in India under immense pressure & reducing at an alarming rate due to population explosion of human and livestock, over-utilization and exploitation of forest resources, expansion of agriculture and illegal activities e.g. illegal logging, poaching and encroachments.

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7 o Evolution of Forest Politics in India Pre-British era : Flourishing forests o British period: indiscriminately cut and exploited (IFA 1927, FP 1894) o o Forest Policy, 1952: recognized protective functions of forest, maintain a third land area under forest, certain activities banned, grazing restricted. Much of original British policy maintained to supply industrial wood. Diversions contd.. Until 1976, forests seen as source of land and earning money, little thought on conservation or sustainable development o In 1976, forest came under the concurrent list. Development without destruction and forests for survival were the new themes of plans. Still, ~5 million ha forests lost to developmental activities after o o FCA, 1980 : To control destruction, all forest diversions require approval from Central Govt. Still, forests continue to be diverted albeit at a slower pace. CAMPA (to compensate forest losses) largely a failure so far. Forest Policy, 1988: maintaining ecological balance and environmental stability, Conserving the natural heritage, Checking soil erosion, Meeting the requirements for fuelwood, fodder, minor forest produce and small timber, efficient utilisation of forest produce, creating people s movement etc.

8 History of Forest Politics in India Systematic management of forests began in the mid-nineteenth century. Earlier, it was only exploitation of forest wealth for sundry purposes and revenue generation. Forest Policies of India: focused on commercial exploitation of timber and gave importance to permanent cultivation recognized the protective role of forests and proposed that one-third of the land area of the country be retained under forest and tree cover focused on environmental stability and maintenance of ecological balance ??

9 NFP Summary of Objectives Maintenance of environmental stability through preservation and restoration of ecological balance which has been caused due to depletion of forests. Conservation of natural heritage by preserving remaining natural forests and protecting vast genetic resources. Checking soil erosion and denudation of catchment areas of water bodies. Increasing forest cover, productivity, efficient utilisation of forest and creating a mass movement for forests. Meeting basic needs of the people fuel wood, fodder, small timber.

10 NFP 1988 : Salient features Area under forests or tree cover: Minimum one third (2/3 rd in hills & mountainous regions to prevent soil erosion and land degradation and ensure stability of fragile ecosystems) Massive and need based/time bound programme of afforestation and tree planting No forest working without government approved working plans. No clear felling of natural forest for plantations Wood substitution railway sleepers, construction industry, furniture etc. Substitution of fuel wood with biogas, LPG, solar energy etc. & Fuel efficient Chulhas. Diversion of Forests for non forest purposes subject to most careful examination by specialists; Wild life corridors linking protected areas to maintain genetic continuity. Forest Based Industries to raise their raw material requirements preferably through direct relationship with individuals. No concessional supply of forest produce to industry. Scientific- complete survey of forest resources. Investment on substantial scale in forest sector forest not to be looked upon as a source of revenue

11 Pre-Independence Forest Laws The history of modern forest legislation in India is more than a century old. The first codification for administration of forest in India was the Indian Forest Act, It empowered the government to appropriate any land covered with trees as government forests and to manage it. The rights of people over forests were not impinged upon as the Act did not cover private forests. Later, Forest Act of 1865 was replaced by a more comprehensive Indian Forest Act of Forests were categorised into Reserve Forests, Protected Forests and Village Forests. Several restrictions were imposed upon the people s rights over forests and drastically changed the nature of common property, making it state property. The Act was amended from time to time and was ultimately repealed and replaced by the Indian Forest Act, 1927.

12 Post-1947 Legal Developments Until before 1976, forest and wildlife were State subjects in the Indian Constitution. The forest departments regulated forests in accordance with the Indian Forest Act of Recognizing the significance of forests and wildlife, 42 nd Amendment to the Constitution deleted both from the State list and placed them in the Concurrent list. The 42 nd Amendment also introduced a new Directive Principle of State Policy [Article 48-A] and a Fundamental Duty [51 (A) (g)] for the protection and improvement of the forests. These provisions provide as under: Article 48-A The State shall endeavor to protect and improve the environment and to safeguard the forests and wildlife of the country. Article 51(A) (g) It shall be the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wildlife, and to have compassion for living creatures.

13 Current Forest & Wildlife Laws in India The important central forest legislations in India are: 1. Indian Forest Act, Wild Life (Protection) Act, Forest (Conservation) Act, Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 or Forest Rights Act (FRA) 5. Compensatory Afforestation Fund Act, BDA 2002, PESA 1996, multilateral conventions (CITES, CMS, etc), State forest acts, state level policies etc...

14 The Indian Forest Act, 1927 The Indian Forest Act, 1927 was enacted to consolidate the law relating to forests, the transit of forest-produce and the duty leviable on timber and other forest-produce. The IFA, 1927 is still in force and shapes forest bureaucracy of India. IFA establishes 3 kinds of forests, i.e. Reserve Forests, Protected Forests and Village Forests. Reserved forests - most restrictive category, constituted by State Government, is the property of the government. Protected forests - forests other than reserved forests over which the government has proprietary rights. Village forests - the state government assigns to any village-community the rights of government to or over any land which has been constituted a reserved forest.

15 The Indian Forest Act, 1927 Reserved Forest - Rights to all activities like hunting, grazing, etc are banned unless specific orders are issued otherwise, Protected Forest - Rights to all activities like hunting, grazing, etc in are allowed unless specific orders are issued otherwise. The Act also defines a forest offence and vests power in the State Governments to impose penalties on violation of its provisions.

16 Forest (Conservation) Act, 1980 In 1980, the Parliament, in response to the rapid decline in the forest covers in India, and also to fulfill the Constitutional obligation under Article 48-A (42nd Amendment in 1976), enacted Forest (Conservation) Act, 1980 (FCA). FCA made the prior approval of the Central Government necessary for dereservation of reserved forest and for use of forest land for non-forest purposes. It also provided for the constitution of an advisory committee to advise the Central Government with regard to grant of such approval. FCA allows the diversion of forest land for developmental and social purposes e.g. drinking water, irrigation, transmission lines, railway lines, roads, power projects, defense related projects, mining etc. For such diversions, compensatory afforestation is stipulated (over equal non-forest land or double degraded forests) along with catchment area treatment plan, wildlife habitat improvement plan, rehabilitation plan etc. to mitigate the adverse ecological effects of such forest diversions. NPV for diverted forestland is collected (Rs lakhs per hectare depending on quality and density of forest).

17 Forest Clearance To allow use of forest areas for non-forestry purposes such as mining, HEP projects, roads etc. As per the Provisions of Forest (Conservation) Act [Including Forest (Conservation) Rules(2003)] A central but decentralised process.

18 Main Features of FCA, 1980 It is a Regulatory Act, not prohibitory. The Act is an interface between conservation and development. Permits judicious and regulated use of forest land for non-forestry purposes. Prior approval of the Central Government is essential for de-reservation of forest lands and / or diversion of forest lands for non-forestry purposes. In J&K diversion of forest land is done under J&K Forest (Conservation) Act, 1992

19 Main Features of FCA, 1980 contd. Earlier, The Act was Applicable to PF, RF and Deemed to be PF only Now, by its order of 1996, Hon ble Supreme Court of India has extended the provisions of the Act to all forests, irrespective of ownership (including forests as understood in the dictionary sense)

20 Forest Diversions During , the rate of diversion of forest land for non-forestry purposes was about 1,50,000 hectares per annum After enactment of the Forest Act (1980), the rate of diversion of forest land for nonforestry purposes came down to about 35,000 ha per annum

21 Why forest clearance? To Check Indiscriminate Diversion of Forest Land Clearance Under Act (Diversion of Forest Land for Non - Forest Purposes) is Difficult & Time Consuming Permission is Given by MoEF&CC (Stage-1 & Stage-2) With Strict Conditions Including Compensatory Afforestation Cases to be Dealt Under Upto 5 ha : Regional Chief Conservator of Forest (RCCF) 5-40ha : RCCF in Consultation with State Advisory Group by Regional Office of MoEF (Clearance Issued by MoEF) >40ha : Forest Advisory Committee FAC (by MoEF)

22 Losing Forests Since enactment of Forest (Conservation) Act in 1980, the Environment Ministry has granted approval for diversion of 1.29 million hectares of forest land for non-forestry purposes in total 29,111 numbers of cases during (in 35 years).

23 Forest area diverted after 1980 (in hectares)

24 Number of forest diversion cases after 1980

25 Forest Rights Act, 2006 The Ministry of Tribal Affairs was established as an independent ministry in 1999 to deal specifically with scheduled tribes. There are more than 600 officially listed scheduled tribes in the country, comprising less than 10% of the country s total population and with little over 2% believed to be dwelling in forests. MoTA is nodal ministry for implementing FRA, Various forest rights recognisable under FRA can be summarised as: Title rights - i.e. ownership - to land that is being farmed by tribals or forest dwellers as on 13 December 2005, subject to a maximum of 4 hectares; ownership is only for land that is actually being cultivated by the concerned family as on that date, meaning that no new lands are granted Use rights - to minor forest produce (also including ownership), to grazing areas, to pastoralist routes, etc. Relief and development rights - to rehabilitation in case of illegal eviction or forced displacement; and to basic amenities, subject to restrictions for forest protection Forest management rights - to protect forests and wildlife

26 Forest Rights Act, 2006 FRA is one of the most controversial and strongly opposed legislations. The Act has been vehemently opposed by the forest departments as well as many wildlife conservationists - termed it as the recipe to ensure the destruction of India s forests and wildlife by legalizing encroachments. Corporates are also against it as it makes eviction and land acquisition for industrial projects difficult. In spite of the strong opposition, FRA has been instrumental in stalling major mining projects in forested areas. Settlement of Forest Rights is mandatory before a forest land is diverted for non-forestry purpose.

27 Wild Life (Protection) Act, 1972 GoI enacted Wild Life (Protection) Act 1972 (WPA) with the objective of effectively protecting the wild life of this country and to control poaching, smuggling and illegal trade in wildlife and its derivatives. WPA amended many times and punishment and penalty for offences under the Act made more stringent. The Ministry (MoEFCC) proposes further amendments by introducing CITES provisions and rigid penal measures to provide protection to the listed endangered flora and fauna and PAs. WPA prohibits hunting of animals listed in Schedule I, II, III & IV. Schedule V lists vermin animal species and Schedule VI lists endangered plants. Under WPA, the state government may declare any area of adequate ecological, faunal, floral, natural or zoological importance as a sanctuary or a national park. In both national parks & sanctuaries, public entry is restricted & the destruction of any wildlife or habitat is prohibited. Two more categories of Protected Areas (PAs) i.e. Community Reserves and Conservation Reserves has been added recently.

28 Wildlife/Protected Areas A network of 764 Protected Areas (PAs) has been established in India(Over 1,62,024 sq. kms.) % of total geographic area. It comprises- Wildlife Sanctuaries- 543 National Parks Conservation Reserves and 45 Community Reserves.

29 CAF Act, 2016 The Compensatory Afforestation Fund (CAF) Act, 2016 provides for the establishment of funds under the public accounts of India and the public accounts of each State and crediting thereto the monies received from the user agencies towards compensatory afforestation, additional compensatory afforestation, penal compensatory afforestation, net present value and all other amounts recovered from such agencies under the Forest (Conservation) Act, 1980; constitution of an authority at national level and at each of the State and Union territory Administration for administration of the funds and to utilise the monies so collected for undertaking artificial regeneration (plantations), assisted natural regeneration, protection of forests, forest related infrastructure development, Green India Programme, wildlife protection and other related activities and for matters connected therewith or incidental thereto. CAF Act ends an era of ad-hocism (Ad hoc CAMPA) and will help Centre and States to utilise CAMPA amounts in a planned manner. It will make available >Rs 42,000 crore accumulated amount and Rs. 6,000 crores per annum to the States/UTs for conservation, protection, improvement and expansion of forest and wildlife resources of India. It will transfer 90% of CAMPA funds back to the states and remaining 10%to be retained at the National level. CAF Rules to implement CAF provisions are yet to be published.

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31 A forest cleared is a forest lost forever. Let s use our natural resources sensibly. ajay@cseindia.org

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33 Class Exercise Suppose you have an upstream forest which is important for water recharge and feeding the river. This forest is to be diverted for mining/hep. Make groups of 4-5 people representing- farmers, government, NGO, wildlife/ forestry expert, industrial project proponents, forest dwellers and city people. Debate and arrive at conclusion why or why not forest should be diverted? Consider various Forest/Wildlife Acts and policies for making supporting arguments.