Brief to Forest Laws in India

“What are we doing to the forest of the world is but a mirror reflection of what we are doing to ourselves and to one another”

– Mahatma Gandhi

Source: tipsforholiday

The blog is authored by Abhinav Bishnoi, fourth-year law students at Institute of Law, Nirma University. His main interests lie in Constitutional Law.

Summary

This paper explains the crucial role of forests in India particularly. It starts from the colonial period and tries to make us understand the importance of the protection of forest cover and various rules and regulations related to the forest in India. As per the state of forest report 2013, India was covered by less than 1/4^th of the forest or tree cover, whereas a minimum of 1/3^rd is required as per national forest policy for maintaining ecological stability. Forest are very important for human survival as they are the lungs of the planet and hence they needed to be protected.

 

The exploitation of forest land

During the colonial period, the British exploited the forest resources of India to the maximum extent. They formulated laws that could give them complete control over the forest land, like Indian Forest Act 1878 for developmental purposes and sent it to the industrial unit and especially for making weapons and into railways. The following act and has snatched away the right of the tribal people who were dependant upon the forest resources for their livelihood. And the 1927 Act undo that injustice that happened.

India Forest Act 1927 categorised forest into:

1. Reserved forest: strictly under government and activities are prohibited.

2. Protected forest: under the government and several activities are prohibited

3. Village forest: under state government and rights be given to village community.

For the reserved forest, the government established a proper procedure that by the help of the “FSO” Forest Settlement Officer any claim of right by local people over that forest should be settled. This act also demonstrates the explosive intention through various provisions for revenue generation. It also took the customary right of forest dependant people as the state has an absolute monopoly over the forest.

 

Protection of forest land

Forest Conservation Act (FCA) 1980, was the act which finally after long exploitation of forest helped in forest protection. It helped in maintain the ecological balance and reduce the commercial purpose of forest land. It had 2 main objectives:

1. Control over de-reservation of forest

2. Restriction of use over forest land for non-forest purpose

FCA aim was to protect and conserve the forest cover of India and the legislators did it by:

1. Restricting leasing of forest land to private companies

2. Shifting power to control forest from state to central government

FAC Forest Advisory Committee was set up u/s 3 of FCA which give suggestion for doing any commercial, developmental or any activity that would affect t the forest of India through its research to the Central Government.    

 

Role of Judiciary in forest protection

Judiciary played an important role in forest protection and expanding the meaning of the term ‘forest’ through passing various landmark judgements:

1. Anupam Minerals v Union of India, 1986: it laid down that word ‘conservation’ does not only mean preservation but also afforestation.

2. TN Godavarman Thirumulpad v Union of India, 1995: it did not provide a literal interpretation to the word ‘Forest’ and says that forest also includes any land lays down in government record, irrespective of private ownership. Ad-hoc CAMPA (Compensatory Afforestation Fund Management and Planning Authority), that is important though not been operational which would help in more trees growth for any damage that happened to the forest for the sake of development. CEC (Central Empowered Committee) is entrusted with the power to decide to complain file by individual regarding steps taken by government and Supreme Court get its help to decide case matters.

3. Sushila Sawmill v State of Orissa, 1995: banning sawmills within 10 km of the forest land. 

 

Conclusion

I had observed that fundamental rights are not given supremacy over forest protection matters in the court of law. Laws related to forests had gone a drastic shift in India. And both government and the judiciary worked hand in hand for the development of forest land.

Also read: What are the Forest Conservation Laws in India: An Insight