Forest Policies In India By: Rajni Joshi 2 nd semester, Development Communication
A forest is a piece of land largely covered with trees. Forests are the dominant terrestrial ecosystem of earth, and are distributed around the globe. India is one of the ten most forest-rich countries of the world along with Russia, Brazil, Canada, United States of America, China, Democratic Republic of the Congo, Australia, Indonesia and Sudan. Definition of Forest- Fact- Madhya Pradesh has the largest forest cover in India. Chhatthisgarh and Odisha are other major forest covered states of India, 2015 forest survey data .
India's forests are governed by two main laws, the Indian Forest Act, 1927 and the Wild Life (Protection) Act, 1972 . The former empowers the government to declare any area to be a reserved forest, protected forest or village forest. The latter allows any area to be constituted as a "protected area", namely a national park, wildlife sanctuary, tiger reserve or community conservation area . [6]
What is Forest Policy? Forest policy consists of the laws and regulations that guide the protection and management of our nation's forests . Forest policies help maintain healthy forest ecosystems, which are essential for working towards a sustainable future and improving our quality of life.
The British were the first to officially recognize the natural wealth of India and it was they who initiated the process of forming a forest policy during the second half of the 19th century. They wanted to treat forest as areas of commercial production and they were mainly interested in timber and only a few plants were of their commercial interest. Local people and their use of forest was a nuisance to the commercial activities, and thus came the first forest law for protecting their commercial interest. Historical Background of Forest Policies
Forest Policy, 1855 First attempt by the LORD DALHOUSIE in the direction of forest governance, which acted as a precursor to the first forest management legislation. This policy greatly expanded British authority over the land and people of India. The policy made teak timber state property, and its trade was strictly regulated. The forest charter of 1855 decisively changed the status of wasteland into government property which was a key intellectual revolution at that time. In 1856, BRANDIS, a German botanist, was appointed as the first inspector general of forests. British India’s forest administrators feared the potential long-term environmental, economic and climatic effects of deforestation caused by indiscriminate logging which convinced Dalhousie to support modern scientific forestry methods and conservation.
This act was the first attempt in the direction of regulation of forest produces by the forest dwellers and asserting the state monopoly over the forest. State monopoly over the forest Didn’t affect the existing rights of individuals or communities Customary ‘rights’ of using forest products transformed as ‘privileges' The forest act 1865 (amended in 1878 & 1927)
. Indian Forest Act is an act of central government. Many states have similar forest acts with some modifications. This law had a process of recognition of traditional uses of the area by local people. It was to be done at the time of the declaration of the reserved forests. Nistar rights were also recognized in few cases. Nistar rights are traditional rights of access and rights of using forest produce. People who has these rights could continue using timber, firewood, minor forest produce. They could also graze or go for fishing in the reserved forests. However, The act divided forests into three categories: Reserved forests, protected forests and village forests. FORESTS PROTECTED VILLAGE RESERVED
. Reserved Forests :-The best forests were called the Reserved Forests. The villagers were not allowed to take anything from these forests even for their personal use. Protected Forests :-These forests were protected from the villagers but they could collect wood from Protected forests. Village Forests :-These forests were located near the villages and could be exploited by the villagers but not for commercial purposes. The villagers could take wood from these forests to build their houses or for fuel.
This act was more comprehensive than the previous and extended state’s authority over the forests. The act tightened the government’s control on forest by prohibiting certain activities like trespassing or pasturing of cattle.. The Forest Act 1878-
Forest Policy Resolution 1894 India’s first formal forest policy which gave much importance to commercial exploitation of forest products, state custodianship and permanent cultivation. Through this policy the British Administration encouraged the Zamindars to convert the open forests into agricultural land for enhancing the revenue earning of the state. Forests are treated as a source of revenue to the state and not to meet the needs of the people. The general perception remains that the 1894 Forest Policy aimed at State monopoly over the forest resources with revenue earning through timber harvesting the prime motive, and with agriculture given preference over forestry ( Gadgil and Guha 1995).
In this policy, the forests were divided into four classes- The first class- Generally situated in hill slopes and essential to protect the cultivated plains from landslides and they played a conservation role for the benefit of cultivated plains and assured revenue to the state. The second class- These forests consisted of valuable timber trees like devadharu ( Cedrus deodara ), sal ( Shorea robusta ) and teak ( tectona grandis ), and due to commercial interest natural regeneration of devadharu and sal are promoted and artificial regeneration of teak was developed.
The third class- The third class of forests as per the classification under this policy meant for minor forests, which yields low quality timber, fuelwood and fodder and for meeting the demands of local people. The fourth class- It covered the grazing lands, the local people were allowed to use them with restrictions ( Balooni and Singh 2007)
The Indian Forest act, 1927 The Indian Forest Act came into force in 1927 and replaced the earlier 1878 act. It was largely based on previous Indian Forest Acts implemented under the British. The act defined state ownership over forest areas. It reserved the power to regulate use of forest. It also defined the procedure to be followed for declaring an area to be a Reserved Forest, a Protected Forest or a Village Forest. It defines what is a forest offence, what are the acts prohibited inside a Reserved Forest, and penalties leviable on violation of the provisions of the Act. Both the 1878 act and the 1927 act sought to consolidate and reserve the areas having forest cover, or significant wildlife, to regulate movement and transit of forest produce, This act was to secure exclusive state control over forests to protect timber trees and other forest produce before this law , most of the village lands had traditionally belonged to the forest dwelling communities.
Indian Forest Policy, 1952 The policy laid stress for the first time on having at least 33% of the national land area under forest cover. The 1952 policy also identified vital national needs, which included a system of balanced and complementary land use, with control over denudation in mountainous regions, erosion of river banks, invasion of sea-sands on coastal tracts, and shifting of sand dunes in desert areas. There was also attention to ensuring a supply of fuelwood, fodder and small timber.
Establishments of tree lands was emphasised so that physical and climate conditions may be improved which in turn would promote the general well being of the inhabitants of the country. The policy also evoked on the need for affording protection of wildlife by its proper management for scientific study and for recreational purposes. The policy stressed that it would be the duty of the forester to awaken the interest of people in the development, extension, and establishment of tree law wherever possible and to make them tree minded.
The policy reiterated that ‘The national goal should be to have a minimum of one-third of the total land area of the country under forest cover. In the hills and mountainous regions, the aim should be to maintain two-third of the area under such cover in order to prevent erosion and land degradation and to ensure the stability of fragile ecosystems’. The NFP 1988 also laid primary emphasis on the maintenance of environmental stability and restoration of ecological balance through preservation and conservation of forests. Indian Forest Policy, 1988
The main objective- Conservation of the country’s natural heritage and biological diversity Increasing the productivity of degraded forests Meeting the local needs of the people and encouraging their participation in the protection and management of forests. The NFP 1988 reiterates increasing the forest cover to 33% of the geographical area of the country through large-scale afforestation and social forestry programs. The policy also encourages ‘joint management’ of forests involving village and other rural population, together with farm forestry and agroforestry schemes on private land to increase forest and tree cover (FTC)
Draft National Forest Policy, 2018 The ministry of environment, forest and climate change framed a new draft National Forest Policy 2018 in March, 2018. The new forest policy aims to address the new realities – climate change, human-animal conflict and declining green cover. Concepts - The draft has introduced some new concepts such as: economic valuation of ecosystem services forest certification national forest ecosystem management information system Approach - The 1988 forest policy had a local community- and ecology-centric approach. From this, the new draft shifts the focus to timber and forest-based industries. It identifies “ production forestry ” and plantations as the new thrust area.
Tribal to Timber - The importance offered to the rights of local, forest-dependent communities are being diluted. It is substituted by the demand for raw material from forest-based industries. The draft aims to use degraded land available with forest corporations to produce “quality timber”. Production forestry - The 1988 policy had sections called ‘Rights and Concessions’ and ‘Tribal People and Forests’. These are replaced by ideas of 'Production Forestry', increasing the productivity of forest plantations and facilitating forest industry interface. Industry - The draft stresses the need to stimulate growth in the forest based industry sector. It encourages forest corporations and industrial units to step up growing of industrial plantations .
Plantation choice - The draft recommends 'commercially important species' like poplar and eucalyptus. Both of these are non-indigenous plantation species. Mechanism - It suggests setting up of two national-level bodies for better management of the country’s forests. These are the National Community Forest Management (CFM) Mission and the National Board of Forestry (NBF). NBF will have to be headed by the central minister in charge of forests. The state boards of forestry will have to ensure inter-sectoral convergence, simplification of procedures, conflict resolution, etc. The state boards of forestry will have to be headed by state ministers in charge of forests. Besides, efforts will be made to achieve harmonization between policies and laws like Forest Rights Act (FRA) 2006.
Community participation - Efforts to ensure synergy between gram sabha & JFMC (Joint Forest Management Committee) will be taken up. This is for ensuring successful community participation in forest management. The CFM mission will address participatory forest management. Financing - The compensatory afforestation fund which is being transferred to the states will provide for management of forests. It will source afforestation and rehabilitation works in degraded forest areas and for bringing new areas under forest and tree cover. Efforts for tapping funds from other national sectors will be taken up. This may include rural development, tribal affairs, national highways, railways, coal, mines, power, etc.
Forest fire - The draft policy includes measures to safeguard ecosystems from forest fires, which include: mapping the vulnerable areas developing and strengthening early warning systems remote sensing technology to control fire improved community participation Climate change - Forests are natural carbon sinks , assisting in climate change mitigation. Climate change concerns will be factored in all forest and wildlife areas working/management plans and Community Ecosystem Management Plans. Wildlife rich areas and corridors outside protected areas would be identified and maintained for ensuring ecological and genetic continuity.
Human-wildlife conflict - Quick response, dedicated teams of well equipped and trained personnel would be developed. Health and veterinary services, rescue centers, speedy assessment of damage and quick payment of relief to the victims are other short term actions. Monitoring and management of population of wildlife would be adopted as part of long-term measures. PPP - The draft proposes a public-private partnership model for afforestation and reforestation activities. This will be in “degraded forest areas and forest areas available with Forest Development Corporations and outside forests”. Source: The Wire, Livemint
Arguments and criticism- Various civil society organizations have questioned environment ministry over the rationale of proposing involvement of private parties in regeneration of forests. These groups have objected to the proposed Public Private Partnership (PPP) model for afforestation on degraded land, noting potential risk of such proposed move which, they apprehend, may be misused by private players for commercial interests. “There is no reason to believe that the participation of private parties will necessarily result in better regeneration of the forests or enhanced ecosystem and livelihood services to the local communities,” said the signatories, including experts and academicians from across the country, of the joint comments\suggestions on the draft policy. Expressing their concerns over the move, they said the urge to earn more profits and conflicting interests may only result in “corrupt and fraudulent practices” with little accountability to the local population and further degradation and diversion of the forest lands. Experts and civil society members, however, want this draft to be withdrawn. “This draft forest policy needs to be withdrawn and that existing legal frameworks like Forest Rights Act (FRA) and Panchayats (Extension to Scheduled Areas) Act should be implemented properly”, said Kavitha Kuruganti , farm activist from ASHA and one of the signatories of the joint statement of the civil society groups and experts .