âLaw Masterâs Publicationâ
âForests and Greeneryâ
Prof. Santosh D. Bhosale 55
(..8..)
FORESTS AND GREENERY
QUESTION BANK
Q.1.
Q.2.
Write a note on âForest Conservationâ along with the role of Central
Government in this respect.
Explain in details forest conservation and the laws related thereto.
SHORT NOTES
1. Reserved Forests.
2. Protected forests.
3. Denudation of forest: Judicial approach.
4. Forest conservation.
SYNOPSIS
Table of Contents
I] IMPORTANCE AND DEFINITION OF âFORESTâ:-............................................................ 56
A) Public Forests:-.................................................................................................................... 57
2) Protected Forests:-............................................................................................................ 57
âLaw Masterâs Publicationâ
âForests and Greeneryâ
Prof. Santosh D. Bhosale 56
I]
IMPORTANCE AND DEFINITION OF âFORESTâ:-
The word âForestâ is derived from the Latin word âForisâ, which means âoutside,â
i.e. outside the dwelling house,since there was a dense forest outside the dwelling house
in early times. It includes all uncultivated and uninhabited land.. A forest or jungle is a
collection of trees and shrubs., herbs, and grass naturally and has wildlife living in it.
Forests are valuable gifts to living beings. They maintain ecological balance, add
fertility to the soil, prevent soil erosion, promote perennial stream flow in flooding rivers,
shelter wild animals, and provide habitat to tribal people. Forests are renewable sources of
wood, timber, fuel, medicines, fruits, leaves, gums, etc. Therefore, it is very important to
conserve forests.
Generally, âForestâ may be defined as âan area set aside for the production of timber
and other forest produce or maintained under woody vegetation for certain indirect
benefits, which it provides, i.e. climatic or protectiveâ.
In its legal sense, âforestâ means âan area of land proclaimed to be a forest under a
forest lawâ.
II]
1)
HISTORICAL BACKGROUND OF FOREST PROTECTION LAWS IN
INDIA.
Before 1865, there was no law in existence to protect forests in India.
The Indian Forest Act 1865:-
This Act was the first law on the protection of forests. The Act declared possession
of the State over forests. The Act was passed to formulate rules to stop the erosion of forests
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and protect the rights of local people to forest produce.
2) Forest policy 1894:-
The Government of India issued a Resolution in 1894, declaring its forest policy. The
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resolution's object was to maintain forests for public benefit. Forests situated on all hill
slopes were declared protective forests.
3)
National Forest Policy 1952:-
This was the policy of the independent Indian Government after independence. It
considered national interests and the benefits of forest preservation.
4)
National Forest Policy 1988:-
National Forest Policy 1988 was declared to cope with economic, political, and
environmental changes. It laid down several measures for the preservation of forests and
gave serious thought to it.
These policies directed important legislation.
III]
A)
1)
INDIAN FOREST ACT. 1927:-
The Act divided forests into the following categories, viz.
Public Forests:-
Public forests are further divided into
Reserved Forests:-
The State Government may, by notification, declare any forest land or wasteland as
âreserved forestâ. Access to such reserved forest and its products becomes subject to
permission from forest officers.
Any person indulging in prohibited activities, such as setting a fire, hunting
animals, trespassing forest, quarrying, fishing, and setting traps for animals is liable for
punishment under the Act.
Village forests are established when the State Government assigns to the village
community rights over any land that has been constituted as a reserved forest. The State
Government is empowered to make rules for providing the village community with timber
and other forest products. The village community is also duty-bound to protect and improve
the forest.
2)
Protected Forests:-
The State Government is empowered to declare any forest land as âProtected
Forestâ. Protected forests cannot be created from reserved forests. The Act empowers the
State Government to close portions of the forest as long as the remainder of the forest is
sufficient for individuals and communities to exercise their existing legal rights to use the
forest.
B)
Private Forests:-
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Private forests are the property of private individuals. However, by virtue of the Act,
the State Government can regulate timber-cutting, cultivation, grazing and burning or
claiming of vegetation on private forest land.
The Act also provides for the protection of rights and compensates individuals for
their rights relating to forest land.
IV]
FOREST (CONSERVATION) ACT.1980.
The Act is a small piece of legislation with only five sections. In fact, before 1980,
the subject of âforestâ was in the State List of the Constitution; however, it was taken into
the Concurrent List in 1980, and now both the Centre and State could make laws for the
conservation of forests. Central legislation under the new subject passed the Forest
(Conservation) Act. 1980.
The statement of objects and reasons of the Act lays down that âDeforestation
causes ecological imbalance and leads to environmental deterioration. Deforestation had
been taking place on a large scale in the country, and it had caused widespread concernâ.
At the same time, legislators made provisions for protecting the interests of forest
dwellers. Thus, the conservation and safety of forests were the chief aims of the Act.
1) No order for non-forest purposes except permission of the Central Government
(S.2):-
S.2 of the Act makes very important provisions in the direction of laying down a
central policy for the preservation of forests. It lays down that no State Government or
other authority shall make, except with the prior approval of the Central Government, any
order directing-
i)
ii)
that any reserved forest or any portion thereof shall cease to be reserved;
that any forest land or any portion thereof may be used for any non-forest purpose.
that any forest land or any portion thereof may be assigned by way of lease or
otherwise to any private person or to any authority, corporation, agency or any
Other organisations are not owned, managed, or controlled by the government.
that any forest land or any portion thereof may be cleared of trees which have
grown naturally in that land or portion to use it for reforestation.
iii)
iv)
2)
Constitution of Advisory Committee (S. 3):-
S. 3 lays down that the Central Government may constitute a committee consisting
of such number of persons as it may deem fit to advise that Government with regard to-
i)
the grant of approval, and
ii)
any other matter connected with the conservation of forests.
3)
Penalty for contravention of the provisions of the Act (S 3A):-
Whoever contravenes or abets the contraventions of any of the provisions of S.2 shall
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be punishable with simple imprisonment for a period which may extend to fifteen days.
4)
Offences by authorities and Government departments (S. 3B):-
This section prescribes punishment for contravention of the provisions of the Act
even by Government Departments, officers or in charge of any other authority.
SYMBIOTIC RELATIONSHIP BETWEEN FOREST AND TRIBAL.
As we know, there is a close relationship between the forests and tribes. The tribals
V]
survive under the cover and shelter of the forest. The forest is the only source available for
their survival.. Therefore, their traditional rights over the forest are protected.
However, the rights of tribals were eroded. in many respects by the British as well
as by the Indian Government; therefore, to protect their rights, the Court played a very
important role.
Facts:- Gujarat forest officers requested the railway authority not to transport articles
made of bamboo by the tribalâ. It was revealed that the forest officers were acting in
connivance with paper mill owners who used to purchase bamboo as raw material.
High Court held that it is the right of tribals to depend on the forest, which is the only
source of their livelihood. Therefore, they have the right to sell articles of
bamboo anywhere.
Facts:- Forest officers confiscated articles like bamboo mats from tribals.
The Supreme Court held that the mat is not forest produce even though it is made
of bamboo; therefore, it cannot be confiscated.
VI] FOREST PROTECTION FROM A JUDICIAL PERSPECTIVE.
The Supreme Court and different High Courts have played a vital role in the
conservation of forests through their decisions. (We have discussed it on the topic of
Constitutional protections).
The Supreme Court held that âwhere conditions are not satisfied, mines, situated within
the protected forest must be closed forthwithâ.
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1 AIR 1987 Guj 9
2 (1996) 10 SCC 397
3 1993 Supp. (3) SCC 115