Forests form an integral part of India’s ecological system. However, there is no nationally accepted definition of ‘forest’. The states define their forests according to the 1996 Supreme Court order (T.N. Godavarman Thirumulkpad vs the Union of India judgment) that interpreted “forest” as per its dictionary meaning. This includes all kinds of recognized forests like reserved, protected, and others.
The jurisdiction of forests, as stated in the Seventh Schedule of the Indian Constitution, belongs to the State Forest Departments who manage two types of forests under the Indian Forest Act, 1927: Reserve Forests and Protected Forests. Some, such as village or nagarpalika forests, fall under the purview of the state Revenue Departments.
42nd Amendment Act, 1976 and Significant Legislations
The 42nd Amendment Act, 1976 moved the responsibility of Forests and Protection of Wild Animals and Birds from State to Concurrent List. The mandate of every citizen to protect and improve the natural environment, including forests and wildlife, is outlined in Article 51 A (g) of the Constitution. Meanwhile, Article 48 A highlights the state’s duty to protect and improve the environment and safeguard the country’s forests and wildlife.
Forest Clearance and Its Importance
All types of forests, irrespective of their control under the Forest or Revenue Department, fall under the Forest Conservation Act, 1980. Before any non-forest use of forest lands, such as industry, mining, or construction, statutory clearance is necessary. Environment Clearance is another requisite for projects over a certain size which may involve an environment impact assessment and public hearings with the local populace potentially affected by the project.
Concept of Undemarcated Protected Forest
Undemarcated Protected Forests, also known as Orange areas, are a result of an administrative deadlock between the Revenue and Forest departments since the abolishment of the zamindari system in 1951. These forests cannot be used for non-forest purposes without clearance under the Forest Conservation (FC) Act, 1980.
Policies and Acts Governing India’s Forests
Several key policies and acts govern India’s forests. They include the Indian Forest Policy, 1952, Forest Conservation Act, 1980, National Forest Policy, 1988, National Afforestation Programme, Wildlife Protection Act of 1972, Environment Protection Act of 1986, Biodiversity Diversity Act of 2002, and Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.
Recent Controversy Involving Land Transfer
Recently, the Ministry of Environment, Forest and Climate Change objected to the Chhattisgarh government’s decision to transfer over 300 sq km of land from its Forest to the Revenue Department without following due process. The move, meant to facilitate setting up industries and building infrastructure, has been stalled as it violated the Forest Conservation Act, 1980 and multiple Supreme Court orders.
Conclusion
The management and conservation of forests in India are subject to various laws, amendments, and court judgments. It is crucial for all stakeholders, including the government, citizens, and industries, to comply with these protocols to protect our forests – which play a pivotal role in maintaining the country’s ecosystem and combating climate change.