The forest originated from the Latin term ‘Foris’ which means ‘outside’. This has reference to village boundaries or fences. The forest is a collection of trees, shrubs, herbs, and grass and naturally has wildlife living in it. Legally, a forest is defined as the region officially designated as a forest under forest legislation. Even though the Forest Act of 1927, is seen as the compilation of all past laws related to forests in India. It did not furnish any definition for the term and it was finally seen to be provided by the Nagpur High Court bench during a pertinent case as “an extensive tract of land covered with trees and undergrowth, sometimes intermingled with pasture”[1].
1.1 FORESTS & ITS USES
Forests are often referred to as the green lungs of nature due to their vital role in maintaining the balance of oxygen and carbon dioxide in the atmosphere. Forests offer a wide range of uses, both directly and indirectly. Directly, they supply resources like wood, timber, fuel, medicinal plants, and fruits, which find application in various commercial and industrial sectors. Indirectly, forests play a crucial role in safeguarding the land’s physical features, keeping in check soil erosion, alleviating floods and ensuring consistent water flow which further contributes significantly to agricultural stability. Forests also serve as significant sources of employment. Additionally, owing to their botanical diversity and recreational appeal they are esteemed as prime sources of attractions for tourists, particularly in the northeastern region of India. This facet helps boost the state’s economy not only by supplying raw materials for the industry, but also by providing essential resources like fuel and food.
- History of Forest Conservation Law
2.1) Extensive Requirements of Forest Products
India stood out among the other British colonies due to its vastness, its large population and abundant natural resources. The British regime demonstrated significant interest in the forests of India because of the scarcity of timber in Britain and the necessity of durable wood for shipbuilding during the Napolean War, which resulted in extensive use of India’s teak forests by Britishers[2]. Teak, recognized for its excellent shipbuilding attributes, was abundant in the Malabar and Travancore regions of Southern India. As a result, to promote the extraction of teak, the initial appointment of the Forests Conservator of India took place on November 10, 1806. Starting from the extraction of teak, the government’s regulation extended to encompass other species as well, acknowledging their economic worth. Woods like rosewood, sandalwood, and ebony were also designated exclusively for government extraction.
However, it is pertinent to mention that while the teak extraction initiative could be construed as the first Centralized forestry endeavour in India, it did not constitute the principal catalyst for deforestation in that era. Rather, the prevailing factors of British land use policy and its emphasis on agricultural expansion were attributed greater significance in influencing the deforestation trends of the period. As indicated by the eminent Indian Forestry historian E.P. Stebbing of that time forests as hindrances to agricultural activities as they were seen to constrain the nation’s prosperity and advancement. Hence the entire land policy was to increase agriculture with the watchword to destroy the forests with this end in view[3]. This became a widely accepted notion that forested lands did not generate substantial income comparable to the cultivation of cash crops. Furthermore, these lands were subjected to significantly lighter taxation regulations in contrast to those imposed on agricultural lands. Consequently, they were perceived as wastelands, suitable solely for agricultural extension[4]. As a result, they engaged in the practice of clearing the land. Following the clearance of the land, all valuable timber resources were traded within domestic and international markets to meet the prevailing demands. Subsequently, the cultivation of cash crops such as opium, indigo, cotton, and sugar was undertaken to continue generating income.
2.2) The Decline of Forest Resources and Subsequent Reforms
During the 18th century’s midpoint, Indian Forestry encountered pressure not only from agricultural expansion but also from additional sources. To address the domestic demand for construction timber, licenses were issued to independent timber contractors. However, the absence of adequate regulation or oversight over their operations resulted in indiscriminate felling of timber, disregarding considerations of future availability. British aspirations to establish a railway network for facilitating the transportation of commodities carried on its implications. These aspirations gained momentum following the disturbances witnessed during the Indian Rebellions of the Mutiny of 1857. This desire expedited more after the unrest shown by the Indian Rebellions in the Mutiny of 1857 which made them realise the necessity of troop deployment which was evident to be only possible after the extensive rail network. Rail lines increased accordingly, growing from 32 kilometres in 1853 to 7,678 kilometres by 1870.[5]
Over a span of time, British administrators acknowledged the adverse repercussions arising from their land use strategies. Their apprehension, however, did not primarily arise due to the environmental or societal consequences of deforestation, but rather due to the escalating threat posed to crucial resources essential for fulfilling state objectives, particularly the expansion of the railway network. These collective concerns prompted the Government of India to establish the Imperial Forest Department in the year 1864, which subsequently led to the formation of the Imperial Forest Service, the precursor of the Indian Forest Service. The inaugural Inspector-General of this service was Sir Dietrich Brandis, a German-British botanist and forester. Subsequent to the development, the next step involved was the introduction of the Indian Forest Act in 1865.
- Evolution of Forest Preservation Statutes
The first codification seen in the statute book concerning the administration of forests in India, was the Indian Forests Act, of 1865. This act declared forests as State’s property and section 2 of the Act[6] empowered the British Government to declare any land covered with trees, brushwood or jungle as a ‘government forest’ to allow them to make rules and manage it[7]. This will be done by them by a notification provided that this notification will not infringe any individual or community existing right. The amended Forest Act of 1878 introduced modifications aimed at showing improvements in the Indian Forest Act of 1865. The privileges of individuals concerning forest lands and resources within reserved and protected forests were curtailed. The Indian Forests Act of 1927 ultimately nullified all these alterations and revisions, passed with the presence of not only the combinations of laws but also the re-arrangement of all the preceding laws enacted so far to align with the pressing needs of that era.
3.1) THE INDIAN FOREST ACT, 1927
The Indian Forests Act of 1927 stands as an all-encompassing legal framework that integrated all earlier enacted statutes aimed at safeguarding forests. It effectively consolidated all the legislations enacted before 1920 into this singular act of 1927. It is comprised of a total of 86 sections organized across 13 chapters, the act classified forests into distinct categories within its chapters. Notably, Reserved Forests are talked about in Chapter II, Village Forests are addressed in Chapter III, protected Forests in Chapter IV and Non-Governmental Forests are covered in Chapter V.
- Reserved Forest
State Government was authorized under this act to embody any Forest-land or waste-land as reserved forest[8], provided that a notification is issued in this regard in the official gazette, otherwise, it will have no effect and such notification also designates a Forest Settlement Officer responsible for overseeing the presence of any right and its nature and extent of such right in favour of a person and deal with such a claim of right with discretion to either reject or accept the claim[9].
The officer while settling the claims recognizes the right in that piece of land in favour of the State government and entry to these lands and its resources becomes a matter of privilege, contingent upon obtaining permission from forest authorities and if forest officer recognizes the right in favour of an entity other the State, then the forest officer needs to make sure that these rights to be continued while also considering the well-being of the reserved forest for this the officer can either designate another suitable area of forest to the claimant to exercise their rights or the officer can adjust the boundaries as to meet the needs of the claimant or to allow the claimant the right of pasture or the right of the forest produce to the extent they have admitted of proposed forest to be made on the behalf of the government[10].
- Village Forests
Chapter III confers authority upon the State government to bestow a village community with the entitlements of any government-reserved forest, resulting in the designation of such allocated forest as a “village forest.” Additionally, gives the State the power to make rules for the management of village forests and the conditions under which timber or other forest products will be made available[11].
- Protected Forests
The State Government has the authority to declare any forest-land or waste-land which is not a reserved forest but a government property or over which the government has proprietary rights to be recognised as protected forest[12]. In this, the government has the right to preserve and protect specific trees because of their revenue-earning capacity and hence are required for the welfare of the economy.
- Non-Governmental forests
It is dealt with in the Vth chapter, but is not expressly considered as a separate category but was introduced to inculcate all those lands which are non-government in nature. This helped the act to not only be a piece of legislation in respect of government forests but also in respect of forests and lands not belonging to the government[13].
3.2) The Forest Conservation Act,1980
The 42nd Amendment of 1976 incorporated Article 48A into the Indian Constitution, imposing a duty on states to safeguard the environment and wildlife. Addressing the requisites of this modified article and countering the rapid decline of forests in India, the Forest Conservation Act of 1980 was introduced. This legislation emerged in response to environmental degradation and the imperative to uphold ecological equilibrium. This Act stipulated that a state government must obtain advance approval from the Central Government before altering the status of reserved forest, utilizing forest land for non-forest uses, or even undertaking activities like clearing forest land for reforestation. Additionally, prior approval was essential before assigning forest land to private corporations[14].
It is essential to highlight that project approval will solely be granted to the State Government if the State Government or any other seeking authority has thoroughly examined all possible alternatives and determined that no other option was suitable, and the land in question is the minimum requirement for the project.
3.3) Advisory Committee and Penalty for Violation of Sec 2
The Act stipulates the establishment of an Advisory Committee by the Central Government, as deemed appropriate. This Advisory Committee serves the purpose of offering guidance to the Central Government in matters concerning the grant of approval under Section 2, or alternatively, the Central Government may refer issues concerning forest conservation to this committee.
Penalty for the contravention of the provisions is also imposed by the 1988 Amendment which states that contravening or abetting the provisions of sec 2 will be punishable with simple imprisonment for a period which may extend to 15 days[15]. This particular section solely confers the penalty of simple imprisonment, without imposing a fine as an alternative remedy, for contravening the aforementioned provisions.
The modification further extended the authority of the forest department over all forested land, a move perceived as an obstacle by the tribal population. They withheld consent for smaller projects that could potentially benefit tribal communities but permitted larger projects, even if they entailed significant forest disruption. The rationale for this the tribals assumed was that some benefits would be accrued to the high-ranking officials from these mega projects, leading them to be directly motivated to expedite the approval process for such projects[16].
- The Forest (Conservation) Amendment,2023
Several Forest Conservation acts have undergone various amendments over time, similar to this, the Amendment of 2023 is also introduced to further modify the Forest (Conservation) Act, 1980. The bill amends the principal Act to be now called Van (Sanrakshan Evam Samvardhan) Adhiniyam,1980. It seeks to achieve India’s objective of creating a carbon sink of an additional 2.5 to 3.0 billion tons of CO2 equivalent by 2030. A carbon sink is anything that absorbs more carbon than it releases like forest, soil etc. It delineates the extent of the 1980 Act to include the territory that has been officially declared or announced as a forest according to the stipulations outlined in the Indian Forest Act,1927, or under any equivalent legislation and all lands that were officially recorded by government authorities in government records subsequent to the 1980 legislation.
It permits specific activities within forests, such as the establishment of checkpoints, and the construction of fences or bridges. Additionally, it also sanctions activities like safaris, eco-tourism facilities, and the running of zoos. Previously, the state government was obligated to obtain advance consent from the Centre to allocate any forest land to a private body. However, this Amendment has broadened this requirement to encompass all entities and not just private entities. As a result, now it is mandatory for the state to take prior authorization from the Centre, subject to its own terms and conditions. However, it provides an exemption for lands that were converted for non-forest purposes before the 12th of December, 1996.
4.1) EXEMPTED CATEGORIES OF LAND
It also exempts certain other categories of Land from the purview of the ACT that are: –
- Land located within a distance of 100 kilometres from international borders, Line of Control, or Line of Actual Control, for construction of a strategic linear project of national importance and concerning national security[17].
- Forest Lands along a rail line or public road that provides access to habitation and maintained by the government or to a rail, and roadside amenity up to a maximum size of 0.10 hectare.
- Land up to 10 hectares suggested for the construction of security-related infrastructure.
- Land for the construction of defence-related projects or a camp for paramilitary forces or public utility projects as specified by the Central Government the extent of which does not exceed five hectares in a Left-Wing extremism-affected area as may be notified by the Central Government[18].
- Conclusion
In this article, we dealt with how in the British era, India stood ahead of other nations in terms of its abundant natural resources, particularly highlighting the significant demand for resources like teak which was even required by the British for shipbuilding during the war. The depletion of these resources prompted the British to introduce forest legislation aimed at preserving these resources. These legislations’ primary motive was to regulate the trade and impose timber taxes, which subsequently boosted the government’s revenue. While the primary objective of these laws was to safeguard forest resources, they inadvertently contributed to their preservation to some extent.
The byproducts of the forests are so valuable that we barely have a second thought while deciding to exploit them for our personal means and to prevent this there has been various legislation going from The Forest Act 1927 to The Forest Act 1980 and various amendments seen in them. Similar to this the 2023 amendment has been brought forth. This Amendment has sparked a sense of apprehension among the people. There have been various doubts surrounding it since its introduction primarily because it excludes the forests from the jurisdiction of the act that is proposed to be used for the construction of strategic linear infrastructure projects such as roads and highways etc., provided they are situated within 100 kilometres of international borders, Line of Control or Line Actual Control, as the case may be.
This has made environmentalists concerned that the term “strategic linear projects of national importance” has not been given a precise definition, and this may lead to the misuse of this provision for the undertaking of environmentally detrimental projects. This situation poses a much-heightened concern for the Northeastern states. Almost every northeastern state like Nagaland, Tripura, Mizoram, and Sikkim will be exempted from the ambit of the Act. Regarding the extent of forest cover in relation to the overall geographical area, the leading five states are Mizoram (84.53 percent), Arunachal Pradesh (79.33 percent), Meghalaya (76.00 percent), Manipur (74.34 percent), and Nagaland (73.90 percent)[19]. This indicates that the northeastern states have the greatest share of forest cover concerning their total geographical area and keeping them out of the Forest Conservation Act will do more harm than good. Hence a blanket rule of 100km should not be applied and a different rule to be applied for different states according to their distance from the international border(s).
Each amendment implemented by the legislative body carries both favourable and unfavourable aspects. It becomes vital to evaluate whether the modifications introduced by the legislature, aiming at the welfare of forest resources, yield positive outcomes or not. In case they do not, appropriate measures should be taken by the legislative authority to rectify the situation. Given the ongoing depletion of forest resources, it is crucial for the legislature to take corrective measures, as moving in an unfavourable direction is not a viable option at this stage.
[1] Laxman Iccaram v District Forest Officer (1953) Nag HC 51
[2] SéROUGNE Lucas, “Teak conquest. Wars, Forest Imperialism and Shipbuilding in India (1793-1815)”,399, Cairn-int 123 (2020)
[3] E.P. Stebbing, The Forests of India 61-62 (John Lane, London, 1922)
[4] Richard Haeuber, “Indian Forestry Policy in Two Eras: Continuity or Change?” 17 OUP 51 (1993)
[5] Ramachandra Guha, “Forestry in British and Post-British India: A Historical Analysis. Part I,” 18 EPW 44 (1983)
[6] Government Forests Act,1865 (Act 7 of 1865)
[7] Aditi Chanchani, Kavita Kanan et.al. (eds.),”This is our homeland” 61 (EQUATIONS, Bangalore,2007)
[8] THE INDIAN FOREST ACT, 1927 (Act 16 of 1927), sec. 3
[9] Id. at sec. 4
[10] Id. at sec. 15
[11] Id at sec. 28
[12] Id at sec. 29
[13] Forest Laws in India – Policy and Assessment, India, available at: https://thelawbrigade.com/environmental-law/forest-laws-in-india-policy-and-assessment/ (Last Modified March 16, 2019)
[14] THE INDIAN FOREST ACT, 1980 (Act 69 of 1980), sec. 2
[15] Id at sec. 3-A
[16] Dr. J.J.R. Upadhyay, Environment Law 309 (Central Law Agency, Allahabad,3rd edn.,2012)
[17] The Forest (Conservation) Amendment Bill, 2023, India, available at: https://prsindia.org/billtrack/the-forest-conservation-amendment-bill-2023(Visited on Aug 24, 2023)
[18] Explained: Decoding the Forest (Conservation) Amendment Bill, 2023 which recently got passed by Lok Sabha, India, available at: https://www.gaonconnection.com/amp/lead-stories/monsoon-session-lok-sabha-forest-conservation-amendment-bill-2023-52416 (July 27,2023)
[19] Government of India, Report: India State of Forest Report (Ministry of Environment, Forest and Climate Change,2021)
Author: Daniyal
Juris Centre 