National Law Institute University, Bhopal

Project on

DEFORESTATION & SUSTAINABLE FOREST

MANAGEMENT

B.A.LL.B. (Hons.)

XII Trimester

Submitted to: Submitted by:

Prof. (Dr.) Rajiv Khare Iha K. Verma

2014BALLB104
 Acknowledgment

I would like to express my sincere thanks to my "Environmental law" teacher Prof. Rajiv
Khare for his valuable suggestions & guidance.

The completion of this project would not have been possible without the magnificent library
that has been provided to the students in the campus itself. Equally important is the wifi
connectivity which runs in the hostels, enabling the students to access the internet at any
point of time and increase and enrich their knowledge by reading the relevant information on
the net. I would also like to thank my friends because without their help, the completion of
this project would have been a much more arduous task.

At last, I am again grateful to my Environmental law teacher, Prof. Rajiv Khare for allowing
me to make a project on “DEFORESTATION & SUSTAINABLE FOREST
MANAGEMENT” which has resulted in an increase of my knowledge of this topic.

2
RESEARCH QUESTIONS
1. What is Deforestation and its sustainable Forest Management with National Legal
Perspective ?

2. What is Causes of Deforestation and its Effect ?

3. What is Legal policy, other constitutional and Central legal provisions for Forest
Conservation ?

SOURCES OF DATA

The main sources have been articles, case law and web-search.

3
 TABLE OF CONTENTS

INTRODUCTION

1. Deforestation:

2. Nexus Between Deforestation And Environment

Causes of Deforestation and its Effects

SUSTAINABLE FOREST MANAGEMENT

1. National Forest Policy, 1988

2. The Arabari Experiments In JFM

3.Legal and Policy Frameworks related to Forest Conservation

4. Other Constitutional and Central Legal Provisions for Forest Conservation

5. Why Sustainable Forest Management?

6. Criteria And Indicators Approach For Sustainable Forest Management

4
 7. International Initiatives

8. Indian Initiative

CONCLUSION AND SUGGESTIONS

BIBLIOGRAPHY

INTRODUCTION

1.1. Deforestation:

Deforestation refers to the permanent destruction of naturally occurring forests and

woodlands, the cause of which is normally implied to be human activities 1 primarily such as
logging, cutting trees for fuel, slash-and-burn agriculture, clearing land for livestock grazing,
mining operations, oil extraction, dam building, and urban sprawl or other types of
development and population expansion.2 This means that deforestation includes the
destruction of forests, in which the treetops touch each other to form a canopy, as well as
woodlands, in which trees are spaced further apart. But the term deforestation does not apply
to the removal of trees from plantations or industrial forests 3 plantations such as plantations
of gums and pines.4

Thousands of years ago, forests and grasslands covered most of the earth since ancient
times; Clearing forests goes hand-in-hand with human development5 gradually he discovered
fire and stone metals for self defence against wild animals. About 10,000 years ago
1
http://www.britannica.com/EBchecked/topic/155854/deforestation, accessed on 10-10-2011.
2
http://environment.about.com/od/biodiversityconservation/f/deforestation-overview.htm., accessed on 10-10-
2011
3
http://www.globaled.org/issues/152/a.html., accessed on 10-10-2011.
4
http://www.bcb.uwc.ac.za/envfacts/facts/deforestation.htm., accessed on 10-10-2011.
5
http://www.ehow.com/about_5389808_history-deforestation.html., accessed on 10-10-2011.

5
agriculture was discovered and that was the starting of the civilisation from then onwards
man has been adapting the environment to meet the growing needs of civilizations, from the
cutting down of the first trees for fire, through to the clearing of woodlands to settlers to build
their homesteads, trees have long been at the mercy of man. 6 In many parts of the world huge
areas of woodlands and forests have been cleared over the centuries to both provide wood for
essential purposes such as fuel, ships and building, and also to free the land for other use. 7
The nuts and fruits of the trees are useful for human foods, medicines, and dyes, and the
roots, nuts, young shoots and branches (and the flush of young grass after burning) provide
food for animals.8 The biggest driver of deforestation is agriculture meanwhile majority of the
population were dependant on agricultural sector9 farmers cut forests to provide more room
for planting crops or grazing livestock. Often many small farmers will each clear a few acres
to feed their families by cutting down trees and burning them in a process known as “slash
and burn” agriculture.10

In the course of time man devised science and technology step by step and depended on
these for improving his living standard the invention of metal, saws and then power saws
greatly accelerated the ability to clear land. This became the prominent since the Industrial
Revolution in the 1800s, forests have been exploited worldwide. 11 With the help of science
and technology, man overcame the natural barriers and established the supremacy over the
Nature. He can travel from one part of the world to the other part, in a matter of few hours,
undertake journey to outer space and planets, dive down to the bottom of seas and explore the
wonders and so on. But at the same time the environment became more and more degraded
and polluted. As a result of manmade activities (deforestation, urbanization, industrialisation,
etc.) the quality of environment suffered which has threatened the survival of man himself on
earth.12

6
http://www.scribd.com/doc/10307557/Definition-of-Deforestation, accessed on 15-10-2011.
7
http://edu.udym.com/the-history-of-deforestation, accessed on 15-10-2011.
8
http://www.historytoday.com/michael-williams/history-deforestation, accessed on 15-10-2011.
9
http://www.effects-of-deforestation.com/deforestation-history.php, accessed on 15-10-2011.
10
http://environment.nationalgeographic.com/environment/global-warming/deforestation-overview, accessed on
15-10-2011
11
http://www.ehow.com/about_5389808_history-deforestation.html, accessed on 15-10-2011.
12
http://books.google.com/books?
id=OT6Wy88sj9YC&pg=PA11&dq=deforestation+and+industrialisation&hl=en&ei=QoW1TuXlH4fsrAftoqy6
Aw&sa=X&oi=book_result&ct=result&resnum=7&ved=0CFQQ6AEwBg#v=onepage&q=deforestation%20and
%20industrialisation&f=false, 15-10-2011

6
1.2. Nexus between Deforestation and Environment

Deforestation problem is not only limited to a city or state or country, it is a global

problem, it is the problem of the entire humanity. Since 1915 efforts for formulating human
ecology are going on but today the entire global society is beset with the problem 13 due to the
world's rapidly growing population and demands on valuable resources the entire global
society realized that Forests are vital for life on earth. They are not just the green cover we
need to make the earth look beautiful; they have many functions integral for our survival and
sustenance. They function as a resource for many aspects of human life. 14 Life on Earth is
heavily dependent on the forest cover all around the planet. Besides the fact that these green
wonders make the planet extremely good to look at, they also have a great many features that
are performed by them, most of them which are pivotal to our growth, survival and
sustenance. From the point of view of human life, they are very important as they provide a
large array of resources that we use in our everyday life15 from this discussion an inference
can be drawn in the words of Einstein who observed that, ‘The environment is everything
that isn’t me’ . Man interacts directly with the natural environment and as a result there
develops a close-set biocultural behaviour patterns which is seen to be integrated with the
daily mode of life of the people concerned. These sets of interrelationship between man and
environment have always been given specific importance in the domain of human science
thus the study of environmental law begins.

However Environment means different things to different things to different people,

Section 2(a) of The Environment (Protection) Act, 1986 affords an inclusive definition of
environment. It says that environment includes water, air and land, and the inter-relationship
amongst water, air, land, and the inter-relationship amongst water, air, land and human
beings, other living creatures, plants, micro-organisms and property. Man interacts directly
with the natural environment and as a result there develops a close-set biocultural behaviour
patterns which is seen to be integrated with the daily mode of life of the people concerned.
The role of the adjustment with the surroundings is the basic factor in human existence. Thus
the forest illustrates a specific ecosystem which is conditioned by a particular kind of
environment having several inorganic and organic factors like includes topography, soil,
13
R.P. Pathak, Education in the emerging India, Atlantic Publishers & Distributors (P) Ltd, 2007, New Delhi.
14
http://www.earthconservation.net/importance-of-forests.html, accessed on 15-10-2011.
15
http://www.earthconservation.net/importance-of-forest-in-our-environment.html, accessed on 15-10-2011.

7
climate, and various species of plants and animals. The noteworthy feature of this
environmental situation is that all are tied together in an interrelated manner.16

CAUSES AND ITS EFFECT

Forests are precious resource of economic development and environmental stability.

Unknown to many, the Indian nation accounts for the biggest number of the underprivileged
in the entire world, many of whom rely completely or implicitly on green areas for a living.
Poverty, as well as the huge and escalating human population, places indefatigable pressure
on the forested parts of India. The end result is serious dilapidation of the country’s
woodland resources.17 But deforestation is causing a serious threat to the environment,
economy of the country and the quality of life. Unfortunately, the rate of deforestation is high
as compared to the rate of reforestation. Following are the factors responsible for the
deforestation.

(i) Indiscriminate felling of trees (ii) Industrial development (iii)Dam construction for
generating electricity and irrigation (iv) Population increase (v)Urbanization

16
S.N. Ratha, George Pfeffer, Deepak Kumar Behera, Contemporary Society and Tribal Studies, Vol. 1, Page.
264, Concept Publishing Company, New Delhi,1997.
17
http://deforestation-facts.blogspot.com/2011/04/current-trends-deforestation-in-india.html, accessed on 15-10-
2011.

8
 The effect of deforestation has a direct impact on the environment. The deforestation has effect
on following elements

1. Change in Climatic conditions, which we are being exposed in recent years 2. Loss of
biodiversity 3. Ozone Layer 4. Wildlife 5. Tribal Issues 6. Soil Erosion: 7. Effect on river
systems, changing course of action

Article 21 protects right to life as a Fundamental Right. Enjoyment of life and its
attainment, including their right to life with human dignity, encompasses within its ambit, the
protection and preservation of environment, ecological balance free from pollution of air and
water, sanitation without which life cannot be enjoyed. Any contrary acts or actions would
cause environmental pollution. Therefore, hygienic environment is an integral part of right to
healthy life, and it would be impossible to live with human dignity without a humane and
healthy environment. Environment protection has, therefore, now become a matter of grave
concern for human existence. Promoting environmental protection implies maintenance of
the environment as a whole comprising the man made and the natural environment.
Therefore, there is Constitutional imperative on the Central Government, state governments,
and bodies like municipalities, not only to ensure and safeguard proper environment, but also
an imperative duty to take adequate measure to promote, protect, and improve the
environment−man made as well as natural environment.

Industrialization, urbanization, explosion of population, over exploitation of

resources, depletion of traditional sources of energy and raw materials, search for new
sources of energy and raw materials, disruption of natural ecological balances, restriction of
multitude of animal and plant species for economic reasons and sometimes for no good
reason at all, are factors which have contributed towards environmental deterioration. While
the scientific and technological progress of man has invested him with immense power over
nature, it has also resulted in the arbitrary use of power over nature, it has also resulted in the
arbitrary use of power over nature. If man is able to transform deserts into oasis, he is also
leaving behind deserts in the place of oasis. Nature and history are two components of the
environment in which we live, move, and prove ourselves.

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10
 SUSTAINABLE FOREST MANAGEMENT

Forests are vital for life on earth. They are not just the green cover we need to make the
earth look beautiful; they have many functions integral for our survival and
sustenance. They function as a resource for many aspects of human life. 18 Life on
Earth is heavily dependent on the forest cover all around the planet. Besides the fact
that these green wonders make the planet extremely good to look at, they also have
a great many features that are performed by them, most of them which are pivotal
to our growth, survival and sustenance. From the point of view of human life, they
are very important as they provide a large array of resources that we use in our
everyday life.19

Forests are removable resources and they contribute substantially to the social and
economic development of the country. They have major role to play in enhancing
the quality of our environment. The history of forest is linked with the history of
civilization. Forests have a significant role not only in ensuring the environmental
stability but also achieving economical benefits. Forest is not just a group of trees,
but is an ecosystem in itself, comprising all the living and non-living components.
The main living components of a terrestrial ecosystem are plants dominated by
trees, forming the consumer element and decompresses of the micro organisms.
Soil, water, air and sunshine form the non-living components of a forest/terrestrial
ecosystem. These components interact with each other and evolve the ecological
energy cycle which consists of two other cyclic processes, namely water cycle and
matter (organic and inorganic) cycle. These processes maintain the dynamic
equilibrium between the living components and non-living components within an
ecosystem.
Environment problems in the developing world are clearly linked to unbalanced
development. Their need for environmental change is very great.
Continuous deforestation and the degradation of forests leading to a decline in forest cover
have long been sources of concern for policy makers in India. Indeed, had there not been such

18
Importance of Forests, http://www.earthconservation.net/importance-of-forests.html, accessed on 27-10-2011.
19
Forests- Our Allies in Survival,
http://www.earthconservation.net/importance-of-forest-in-our-environment.html, accessed on 27-10-2011.

11
large-scale deforestation and forest degradation in India, it is unlikely that any policymaker
would have given serious thought to the ‘participatory forest management’ model. The need
of the hour and the backlash of policy failures have led to the emergence of a new institution
and rationale for the origin of a ‘participatory forest management’ model within the Indian
forestry sector. This section discusses the measures to be taken for the protection and
improvement of the environment.
The Government of India enacted the first post-independence National Forest Policy in
1952, .An attempt to revise rather than entirely reconstruct the pre-ceding forest policy
proposed a functional classification of forests into protection forests, national forests, village
forests and tree-lands, etc., Ecological needs were included in the policy:-
a. To evolve a system of balanced and complimentary land use, to ensure maximum
production with least deterioration.

b. To prohibit-riparian, erosion from waste lands, shifting sand dunes and spreading of
coastal sands.

c. To prohibit denudation of hills and mountains.

d. To satisfy the growing demand of small wood for agricultural implements, fuel wood,
conditions.

e. To develop forests/plantations to ameliorate physical habitat as well as climatic conditions

f. To ensure sustained supply of timber for defence, industry, railway, electric supply,
communication, shipping etc.

g. To realize maximum possible revenue in perpetuity, in addition to needs mentioned

above.

Although this policy in 1952 considered ecological aspects, yet forest was chiefly visualized
as a component for the betterment of the human society. Ecological restoration was never a
priority.

1. National Forest Policy, 1988

The Union Ministry for Environment and Forests announced a new forest policy of India in
1988. The important features of the policy include:-

12
(a) One third of the total land area of the country should be under the forest cover. This
has been present in National Forest policy of 1952 as well. However, the strategy to achieve
this goal is through afforestation of at least two-third of the area of hills and mountains to
ensure reduced soil erosion from high altitudes.

(b) The forest should no longer be viewed as a source of revenue, rather its sustained role
to bring ecological balance, environmental sustainability including atmospheric equilibrium,
augmentation of precipitation etc. needed for the survival of all life forms on the earth
including human being should be the principal idea behind forest management.

(c) Compensatory afforestation has been emphasized in this policy, in the face of rising
diversion of natural forest lands throughout India. The policy states that “construction of
dams and reservoirs, mining and expansion of agriculture should be consistent with the need
for conservation of trees and forests. Projects which involve such diversion, at least provide
in the investment, budget funds for regeneration/compensatory afforestation.” Regularization
of encroachment of Government forests has been prohibited along with prohibition of mining
without adequate environmental assessment and scientific management measures enforced by
adequate and effective machinery.

(d) Modification of land laws have been recommended in face of necessity arising from
growing motivation (and also to catalize motivation) towards siliviculture and production of
grasses, fodder, leguminous nitrogen fixers etc. a time bound programme of a huge need
based afforestation throughout the country has been suggested. Waste lands and degraded
lands have been suggested to be utilized for afforestation and other plantation purposes.

(e) The policy suggests replacement of contractors by Government corporations or

tribal/labour cooperatives for the removal of timber from forest areas. Discouragement of
grazing and browsing in the forest area has been suggested.

(f) Conservation of wildlife has been given special importance in the policy. However, in
the Act of 1980 with amendments in 1988, the term ‘non-forest purpose’ has been clearly
explained. Non.-forest purposes includes diversion for the cultivation of tea, coffee, rubber
plants, spices, oil-bearing plants, horticultural crops, medicinal plants etc. and any other
purpose except afforestation. However, non-forest does not include activities related to
conservation of natural resources, management and development of forests and management

13
of wildlife including establishment of check-posts, security posts, wireless communication,
dams restricted for forestry, waterholes, firelines, trench marks, boundary marks, fencing,
culverts, bridges, salt licks, watch towers, pipelines for water supply etc. need for the
management of the forest.20

In Vellore Citizens Welfare Forum Vs. Union of India and others 21, case the Court has
dealt with at length relationship between environment and development and it has given its
approval with regard to “sustainable development” rather than “absolute development” or
“development at all costs”

The 1988 National Forest Policy22 focused on the maintenance of environmental

stability, conservation of natural heritage by preserving the natural forests and meeting the
basic needs of people, and also maintaining the relationship between the tribals and other
dependent people, thus encompassing ecological, economic and social aspects of forest
management. There is however an urgent needs to monitor and ensure proper implementation
of these policy implications. The quantifiable approach like criteria and indicators to monitor
and implement these objectives of sustainability is imperative.

The government now views the role of forestry as a method to manage the
environment and bio-diversity, and a way to meet the needs of the villagers who are staying
near the forests. Forests are no longer seen as a source of supply of raw materials to wood-
based industries the government now realizes that it is not possible to protect and conserve
the forest and meet their mandate of serving the people. As such government issued a
notification in 1990 advising all the states to come up with the Government orders to
establish Joint Management of Forestry in various districts and divisions. In India, out of 26
states 22 states have already issued notifications and joint management forests is moving fast
in those states.

In India there are about 600,000 villages of which 200,000 villages are situated in or
near the forest areas as a stake holders in the process of sustainable management.23

20
Ibid.
21
AIR 1996 SC 2715.
22
GoI, National Forest Policy, Ministry of Environment and Forests, Government of India, 1988.
23
http://books.google.com/books?
id=ztuCqoGIlQC&pg=PA57&dq=forest+management+system+india&hl=en&ei=7Aq4TsCFOoPtrAfexKX4Aw
&sa=X&oi=book_result&ct=result&resnum=4&ved=0CEMQ6AEwAw#v=onepage&q=forest%20management
%20system%20india&f=false., accessed on 27-10-2011.

14
2. The Arabari experiments in JFM

The relevance of a ‘give and take’ principle between the FD and the community surfaced in
the early 1970s. A group of FD personnel realized the importance of peoples’ participation in
regeneration of degraded Sal (Shorea robusta) forests in Arabari Range of Midnapur district
in the state of West Bengal. This forest rejuvenation strategy was started as an experiment and
later on replicated on a large scale first in this state followed by its adoption in different parts
of country. The West Bengal Forest Department issued the first government order in 1989 to
involve village communities in forest protection with provision to give the people 25% of the
revenue earned on timber harvested from the protected forest. This successful experiment led
to the development of a new forest management strategy known as ‘Joint Forest
Management’ (JFM). Communities involved in the management of government forests in
their vicinity under the JFM became known as forest protection committees. This is the first
recorded case of ‘co-management’ of forests.24

Another successful experiment, which began in 1975 in Sukhomajri, a village in the

state of Haryana, also helped in the conceptualization of participatory forest management.
This experiment was initiated as an integrated watershed development programme by the
Central Soil & Water Conservation Research & Training Institute (CSWCRTI), Research
Centre, Chandigarh. The emphasis was on rainwater harvesting to enhance irrigation of
cultivated land in Sukhomajri, which faced a severe soil erosion problem. Forestry became an
integral part of the experiment, as the various tree species were planted to protect the
watershed, along with the building of water-harvesting structures for harnessing rainwater. An
unwritten agreement between the CSWCRTI team and villagers was developed for protecting
the catchment of the water-harvesting structures from grazing and illicit cutting in the area.
This was achieved by instituting a ‘Water Users Association’ subsequently renamed as ‘Hill
Resource Management Society’ (HRMS). The entire management of this project was handed
over to HRMS, which functioned on the principles of participation.25

24
www.enviroscope.iges.or.jp/modules/envirolib/upload/371/.../07_India, accessed on 27-10-2011.
25
www.teriin.org/case/jfm.htm, accessed on 30-10-2011.

15
 With regards to the people’s involvement in the forestry, the Act lays down that ‘it
would be the duty of the forester to awaken the interest of the people in the development,
extension and establishment of tree-lands wherever possible, and to make them tree minded.26

Successful policies initiated for reforestation/afforestation activities at the micro level

have led to subsequent formulation and implementation of new policies for forest
management for the entire country. At present there are more than 84,000 JFM committees
spread over 27 states, managing 17 million hectares of forests. There are also Self-initiated
Forest Protection Groups protecting and state owned forests in India on the principle of
participatory forestry involved.

But the concept of sustainable forest management is being implemented on the basis
since 2000. The initiative known as the Bhopal-India process, has over the years endeavoured
to formulate a working framework for the achievement of the goals of sustainability specific
to the national forestry conditions. However, the dynamics of forest management in a
developing country is unique, as the multiple uses of forests are clearly felt in a multi-
stakeholder environment. Sustainable development is commonly defined as development that
meets the needs of the present without compromising the ability of future generations to meet
their own needs.27 Sustain-able forest management has been considered as an integral
component of sustainable development since the UNCED Conference at Rio de Janeiro in
1992, also called the Earth Summit. After the summit 28 where international forest principles
were formulated for the first time by world leaders and the first global policy on sustainable
forest management was adopted, the notion of sustainable forest management rapidly gained
interest. Accordingly, the forest resources and lands should be managed sustainably to meet
the social, economic, ecological, cultural and spiritual functions, and for the maintenance and
enhancement of biological diversity. The concept got support and recognition in various
international fora for the management, conservation and sustainable development of all types
of forests.

26
Government of India, 1952, National Forest Policy, 1952.
27
World Commission on Environment and Development, Our Common Future: The Bruntland Report, Oxford
University Press from the World Commission on Environment and Development, New York, 1987.
28
United Nations. Non-legally binding authoritative statement of principles for a global consensus on the
management, conservation and sustainable development of all types of forests. Report of the UN Conference on
Environment and Development, Rio de Janeiro, 3–14 June 1992, vol. III.

16
 Sustainable forest management encompasses all the three components of
sustainability, viz. ecological, economic and socio-cultural well-being. It has been defined by
the International Tropical Timber Organization (ITTO) as ‘the process of managing
permanent forest land to achieve one or more clearly specified objectives of forest
management with regard to the production of a continuous flow of desirable forest products
and services without undue reduction of its inherent values and future productivity and
without undue undesirable effects on the physical and social environment’.29

Sustainability is not an absolute, independent of human conceptual framework.

Rather, it is always set in the con-text of decisions about what type of system is to be
sustained and over what spatio-temporal scale.30 Given the abstract nature of sustainability,
the criteria and indicators approach provides a framework to define the parameters and goals
of socio-cultural, economic and ecological aspects relating to sustainability and assess
progress towards them.

3. Legal and Policy Frameworks related to Forest Conservation

There have been three forest policy announcements in independent India; the Forest Policy of
1952, The National Commission on Agriculture, 1976 (NCA) and the 1988 Forest
Policy.

The National Policy 1952 was formulated out of the need for a reorientation of forest policy
in light of the changes that had taken place since the enunciation of the 1894 policy on
forests. Forestry in India, whether state or privately owned, was classified into four
categories of Protection Forests, National Forests, Village Forests and Tree Lands. The
Policy laid down “that India, as whole, should aim at maintaining one third of its total
land area under forests.” village communities should under no circumstances be
permitted to use forests at the expense of the “national interest”, which was identified
with defence, communications and vital industries. The policy emphasised scientific
conservation. Emphasis was laid on the conversion of low value mixed forests to high
value plantation of commercial species.

29
ITTO, Criteria And Indicators For Sustainable Forest Management Of Natural Tropical Forests, ITTO Policy
Development Series No. 7, International Tropical Timber Organization, Japan, 1998.
30
Ibid.

17
The National Commission on Agriculture also stated “there should be a change over from
the conservation oriented forestry to (a) more dynamic programme of production
forestry.” The NCA recommended that the national forest policy should be based on
optimizing forest resources for goods and services, preventing erosion and denudation,
maximising forest productivity and augmenting employment potential for national
prosperity.

Forest Conservation Act, 1980 :-

The Forest Conservation Act of 1980 (FCA) can be seen as a single biggest legislative
initiative in Indian history to slow deforestation caused by the conversion of forestlands
to non-forest purposes. Under this Act, no State Government can authorise such
conversion without securing Central Government’s approval. Note that the FCA does
not itself ban any non-forest activity or the dereservation of forest land. What the law
says id that any such non-forest activity requires that the permission of the Central
Government be secured for such actions. The Act has been given credit by some for
slowing the rate of deforestation in India, in part by providing a defence against
political pressures –where the State Governments may be particularly vulnerable - for
converting forest areas to other uses.

The Biological Diversity Act 2002 :-

The Biodiversity Act 2002 has been enacted in pursuance of the United Nations Convention
on Biological Diversity 1992. The preamble to the Act borrows the objectives as laid
down in the Convention and says that the Act is to “provide for conservation of
biological diversity, sustainable use of its components and equitable sharing of the
benefits” arising therefrom. The Act creates a three-tier structure of authorities to
manage the biodiversity of the country. This includes the National Biodiversity
Authority (NBA), the State Biodiversity Boards at the state level and the Biodiversity
Management Committees at the local level.

Indian Forest Act, 1927 :-

18
The Indian Forest Act of 1927 (IFA) and its progeny in the various states provide the
overarching framework for forest management in India. The preamble to the Act states
that the Act seeks to consolidate the law relating to forests, the transit of forest produce
and the duty levieable on timber and other forest produce. The Indian Forest Act
establishes three categories of forests. The most restricted category is "reserved forest."
In reserved forests, most uses by local people are prohibited unless specifically allowed
by a forest officer in the course of "settlement." In "protected forests," the government
retains the power to issue rules regarding the use of such forests, but in the absence of
such rules, most practices are allowed . Among other powers, the state retains the
power to reserve specific tree species in protected forests which has been used to
establish state control over trees whose timber, fruit or other non-wood products have
revenue-raising potential . A third classification is "village forests" in which the state
government may assign to "any village-community the rights of Government to or over
any land which has been constituted a reserved forest."

The Forest Policy of 1988 and Joint Forest Management (JFM)

It has been pointed out above that Forest Policy of 1988 (NFP) represented a major paradigm
shift from the earlier policies and this shift began to take some shape through the
introduction of Joint Forest Management in India in 1990 and these are discussed here.
Unlike, the use oriented policy of 1952, the Forest Policy of 1988 (NFP) gives major
emphasis on the ecological roles of forests, and envisages that the rights and
concessions from forests are to be primarily for bona-fide use of communities living
within and around the forest areas, especially tribals. Such communities are required to
be motivated to protect and develop such forests from which they derive their benefits .
The NFP also stipulates that the rights and concessions relating to forest produce of
tribal community and other poor living within and near forests must be fully protected.
The domestic requirements of fuel-wood, fodder, minor forest produce and construction
timber should be the first charge on forest produce. It is envisaged under the Policy that
these and substitute materials shall be made available through appropriate means. In the
field of domestic energy, fuel wood needs to be substituted as far as practicable with
alternative sources like biogas, solar energy, LPG, etc7 . The NFP further stipulates that
any diversion of forest land should be subject to most careful scrutiny by specialists

19
 and must take into consideration the social and environmental costs. Some of the
laudable objectives of the NFP began to take root through the introduction of Joint
Forest Management in India in 1990. The Ministry of Environment and Forest issued a
circular in June 1990 to various State Departments of Forest encouraging the
involvement of village communities and voluntary agencies for regeneration of forest
land and this circular officially launched JFM in India. Some of the main elements of
the JFM Circular are discussed in the below.

Main elements of Circular on Joint Forest Management (JFM)

• JFM should be implemented under an “arrangement” between the village community (i. e.
the beneficiaries), NGO’s and the State Forest Departments. The selected area should
be managed in accordance with a working scheme “prepared in consultation with the
beneficiaries.” The working scheme is to cover such matters as steps for inducements
of natural regeneration, seeding, soil conservation methods, fire protection,
maintenance of boundaries, weeding, tending, thinning etc.

• Beneficiaries should essentially be village communities and not commercial or other

interests. They may be entitled to usufructs like grasses, lops of branches, and other
minor forest produce, as prescribed by the State. Subject to successful protection the
user group is also entitled to a portion of the proceeds from the sale of mature trees.
They may also plant fruit trees to fit into the over all scheme of afforestation and grow
indigenous medicinal plants as per the requirements of the beneficiaries.

• Access and usufruct rights are limited to people who organise themselves as groups such as
co-operatives or village forest committee and in no case shall access or tree pattas
(leases) be given to individuals.

• Neither the beneficiaries nor any NGO may acquire ownership or lease rights over the land
in question. No grazing or agriculture is allowed on the selected area.

• The selected site should be free from any existing claims or rights, privileges, or
concessions. Thus a site burdened with existing claims is not favourable for JFM. In the

20
 alternative, for a given site any one who has a claim to forest produce should be given
the opportunity to join the beneficiary group.

• The work of the beneficiaries is to be closely supervised by the forest department. If the
work has been done in an unsatisfactory manner “the usufractory benefits should be
withdrawn without paying compensation to any one for any work that might have been
done prior to it.”

Almost all the States have now issued notifications pertaining to Joint Forest Management
(hereinafter JFM) in line with the Central Government circular. However the legal
bases of these notifications and its place in legal hierarchy have been a major concern
to ensure real benefits to the people along with sustainability of forest products. The
numerous legal issues on JFM relate to institutional arrangements, impacts of other
legislations, tenurial security and benefit sharing mechanisms. The JFM specifically
needs to address these issues if it has to sustain itself legally as well as administratively
and these are of crucial significance if the forests are to be jointly managed by the
people and the agencies of the State.

Panchayats and Forests:

The Case of PESA The Parliament extended the 73rd Amendment Act to the Scheduled Areas
in ten states by legislating the Provisions of Panchayats (Extension to the Scheduled
Areas) Act, 1996. (hereinafter PESA). The PESA alongwith its State Adoptations has to
be seen as one more definitive indicator of increasing attempts at carving out the role of
the PRIs in Natural Resource Management. The PESA endows special powers and
authority to the Panchayat at appropriate level and the Gram Sabha in order that they
function as institution of self government. It has been mandated that State Legislature
shall ensure these powers to the Panchayat at appropriate level as well as to the Gram
Sabha. The PESA is especially remarkable for the vast and wideranging powers that it
vests with the Gram Sabhas in Scheduled Areas. These include, interalia,: approval of
the Gram Sabha of the plans, programmes and projects for social and economic
development before such plans, programmes and projects are taken up .for
implementation by the Panchayat at the village level; Gram Sabha would be
responsible for the identification or selection of persons as beneficiaries under the

21
 poverty alleviation and other programmes. Further, State-Legislature shall ensure that
the Panchayats at the appropriate level and the Gram Sabha are endowed specially with
the ownership of minor forest produce. This has direct implications for the extent of
empowerment of the Gram Sabha vis-a– vis its right relating to forest and forest
produces. Although the PESA is restricted in its application to the Scheduled Areas
alone, its logic of conferring “ ownership of Minor Forest Produce” to the Panchayat
Raj Instituions cannot be missed. Generally speaking, in most of the states this power
seems to be restricted to the local areas of the Panchayat of the respective Gram
Sabhas.

4. OTHER CONSTITUTIONAL AND CENTRAL LEGAL PROVISIONS FOR

FOREST CONSERVATION

A. Constitution of India

The Constitution of India has significant provisions for environmental protection and
environmental rights and duties of the people. Under the Directive Principle of State
Policy, Article 48-A of the Constitution, enjoins that the State shall endeavour to protect
and improve the environment and to safeguard the forests and wildlife of the country,
and Article 51-A (g) which proclaims it to be the fundamental duty of every citizen of
India to protect and improve the natural environment including forests, lakes, rivers and
wildlife and to have compassion for living creatures. Thus, by raising environmental
concerns to the constitutional level, India has provided its citizens with a powerful legal
tool to protect wildlife, maintain health standards and curtail government and private
sectors including transnationals corporations, from degradation of natural resources.
The constitutional mandate can certainly be invoked in case of threats to ecosystems or
any rich biodiverse region.

B. The Environment Protection Act, 1986

Another important general framework of environment protection is provided under the

umbrella legislation of the Environment Protection Act, 1986 and this law can be of a
great value in sustaining legal action for forest conservation. The Environment
Protection Act, 1986 was the response to a widely felt need for a general legislation for

22
 environment protection. Under the Act, the Central Government is vested with power to
take all such measures, as it deems necessary or expedient for the purpose of protecting
and improving the quality of environment and preventing, controlling and abating
environmental pollution. (Section 3) The Central Government has been empowered to
issue directions including the power to direct closure, prohibition and regulation of any
industry, operation or process or stoppage or regulation of the supply of electricity or
water or any service. (Section 5) Subsequent to the enactment of the Environment
Protection Act, the Water and Air Acts were Acts were also amended and the Pollution
Control Boards were clothed with powers to direct closure, prohibition or restraining of
any industry operation or process. (Section 33 Water Act 1974 and Section 31-A Air
Act 1981) Though these Acts do not have specific action points on biodiversity, their
liberal interpretation and use can have wide implications for biodiversity conservation.
This is specifically true in case of areas of biodiversity importance that are not
protected under the existing legal regime. For example the corridors of protected areas
that are vital to genetic continuity in PAs are not covered under any law may be
protected zones under the Environment Protection Act.

5. Why sustainable forest management?

Increased pressure on forest resources of the country over the last few decades has
threatened the livelihoods of mil-lions of forest-dwellers and other poor people living in the
vicinity of the forests. Forest resources have been important for the prosperity of any nation
and its communities. They are an essential natural resource providing multiple benefits to
people besides other important functions such as biodiversity conservation, global carbon
storage and a storehouse for future option values. The rich and the poor alike are dependent
on forest resources, directly or indirectly, and forestry in many developing countries,
including India is also seen as a means for eradicating rural poverty and achieving sustainable
development.

The pressure on existing forest resources is immense in India. Having only 2.5% of
the world’s geographic area and 1.85% of the world’s forest area, we have 17% of the world’s
population and 18% of livestock population.31 In this context, it is imperative to preserve the

31
NFAP, National Forestry Action Programme – India, Ministry of Environment and Forests, Government of
India, New Delhi, 1999.

23
forests and manage them sustainably, so as to ensure secure livelihood of the forest dependent
communities as well as con-serving our biological diversity.

Recently, as a result of increasing public awareness and various treaties and conventions all
over the world, there is a movement towards accepting only those forest products which have
originated from sustainably managed forests.32 It has emerged as a market-based mechanism
in support of sustainable forest management. Certification and eco-labelling are such new
mechanisms enhancing forest-product positioning for a premium price on the one hand, and
ensuring better managing practices for forests on the other.

6. Criteria and indicators approach for sustainable forest management

In the forestry sector, there is a paradigm shift from a focus on sustained timber yield
to sustainable forest management, encompassing in it environmental, economic and social
dimensions. The principle of sustained yield is considered as the focus of forest management
ever since the forests were managed on modern scientific basis. It is an accepted norm in
forest management and forms the core of modern, organized forestry. Scientific knowledge is
needed all over the world to effectively address these issues globally and regionally, and to
provide the technical basis for policy decisions.

There have been many international initiatives with potential application to define and
assess sustainable forest management, such as criteria and indicators, life cycle assessment,
cost–benefit analysis, knowledge-based systems and environmental impact assessment.33 The
criteria and indicator method has been widely accepted and immense work has been done
towards its refinement and practical application. Over the years, it has developed as a potent
tool for assessment, monitoring and reporting of sustain-ability of forest resources. Currently,
about 160 countries are participating in nine regional and international processes of
sustainable forest management following the criteria and indicator approach, mostly within
the framework of an international initiative, which are specific to various forestry
conditions.34

32
Rametsteiner, E. and Simula, M., Forest Certification – An Instrument To Promote Sustainable Forest
Management, J. Environ. Manage., 2003, 67, 87–98.
33
Baelemans, A. and Muys, B., A Critical Evaluation Of Environmental Assessment Tools For Sustainable
Forest Management, In Proceedings of the International Conference on Life Cycle Assessment in Agriculture,
Agro-industry and Forestry (ed. Ceuterick, D.), Brussels, 3–4 December 1998, pp. 65–75.
34
Castaneda, F., Criteria And Indicators For Sustainable Forest Management: International Processes, Current
Status And The Way Ahead, Unasylva, 2000, 203, 34–40.

24
 The criteria and indicators approach presents a tool for assessing the magnitude and
direction of change in given forestry situations, and this provides critical information to the
forest managers and other actors for forest related decision making. It is an important
framework to assist countries collect, store and disseminate reliable science-based forest
information needed to monitor and assess forest conditions35. Criteria define and characterize
the essential elements, as well as a set of conditions or processes, by which sustainable forest
management may be assessed. The criteria and indicators provide a robust framework not
only to define sustainability in the context of individual countries, but also provide a
mechanism for understanding, monitoring and analysing national and global trends. 36 These
are instruments through which progress towards sustainable forest management may be
evaluated and reported. Castenada37 defines criteria as the range of forest values to be
addressed and the essential elements or principles of forest management against which the
sustainability of forests may be assessed. Each criterion relates to a key element of
sustainability and may be de-scribed by one or more indicators. While indicators are
parameters that measure specific quantitative and qualitative attributes and help monitor
trends in the sustainability of forest management over time.

7. International initiatives

Seven common thematic areas of sustainable forest management have emerged based
on the criteria of the nine ongoing regional and international sustainable forest management
initiatives. These were acknowledged by the international forest community at the fourth
session of the United Nations Forum on Forests (2004) and the 16th session of the Committee
on Forestry (2003). These seven thematic areas include: (i) Extent of forest resources;
(ii)Biological diversity; (iii) Forest health and vitality; (iv) Productive functions of forest
resources; (v) Protective functions of forest resources; (vi) Socio-economic functions, and
(vii) Legal, policy and institutional framework.

35
FAO, State of the world’s forests. Food and Agricultural Organization of the United Nations, Rome, 2003.
36
IIFM, Bhopal, India Process For Sustainable Management Of Indian Forests, Indian Institute of Forest
Management, Bhopal, June 2000.
37
Castaneda, F., Why national and forest management unit level criteria and indicators for sustainable
management of dry forests in Asia? In Development of National level Criteria and Indicators for the
Sustainable Management of Dry Forests in Asia: Back-ground Papers (eds Cheng, T. L. and Durst, P. B.), Food
and Agricultural Organization of the United Nations, 2000

25
 The criteria and indicators approach for sustainable forest management was initiated
by the ITTO38. At present, there appears to be growing international consensus on the key
elements of sustainable forest management. There are nine on-going international and/or
regional criteria and indicators initiatives currently, involving approximately 160 countries
with some member-countries participating in more than one process the above mentioned
nine processes39.

8. Indian initiative

The criteria and indicators approach developed with development of a specific set of
criteria and indicators for specific forestry conditions through international processes among
the participating countries. It was realized to develop sustainable forest management in India,
to accomplish establishment of a benchmark for sustainability according to the prevailing
policy framework. The Indian initiative of criteria and indicators approach for sustainable
forest management was spearheaded by the IIFM (Indian Institute of Forest Management) in
collaboration with ITTO and the Ministry of Environment and Forests, Government of
India.40 A total of 8 criteria and 51 indicators specific to Indian forestry conditions were
evolved after a consultative process involving a gamut of stakeholders. The criteria and
indicators of the Bhopal-India process have evolved after a lot of deliberations and field-
testing over the years.

The implementation of sustainable forest management in a diverse country like India

is a challenging task. To be more effective, criteria and indicators should be incorporated into
national forestry legislations and regulation; not only as voluntary application. Being
analogous with sustainable development, sustainable forest management also has important
implications in the global economic scenario. Besides contributing to environmental, social
and economic well-being of the communities, it also facilitates market-oriented tools like
certification and eco-labelling. This requires active participation and coordination among the
stakeholders for proper implementation. A wider application of criteria and indicators shall
re-quire a long maturity process.

38
ITTO, Criteria For The Measurement Of Sustainable Forest Management, ITTO Policy Development Series
No. 3, International Tropical Timber Organization, Japan, 1992.
39
Castañeda, F., PalmbergLerche, C. and Castaneda, P. V., criteria and indicators for sustainable forest
management: a compendium. working paper FM/5, FAO, Rome, Italy, 2001.
40
IIFM, Bhopal, India Process For Sustainable Management Of Indian Forests, Indian Institute of Forest
Management, Bhopal, June 2000.

26
The Ministry of Environment and Forests, Government of India has already created a
Sustainable Forest Management (SFM) Cell in the Ministry in 2006. It is expected to act as a
national-level focal point towards SFM in the country. Discussions are also in an advanced
stage to create SFM Cells in each state. These SFM Cells are expected to act as a nodal point
for all matters related to sustainable forest management in the country and to en-courage
development of national programmes aimed at sustainable utilization and conservation of
forests.

CONCLUSION AND SUGGESTIONS

The historic clearing of forests was to allow civilizations to grow and flourish, while
many of the forests cleared today are for economic reasons only. We now know that 80
percent of the world´s ancient forests have been destroyed. This situation has changed
however, and issues surrounding deforestation are known and recognized.
In M.C. Mehta v. Kamal Nath,41, the Supreme Court declared the “public trust”
doctrine as the part of the law of the land. Under the “public trust”, doctrine all the
ecosystems operating in our natural resources, comes within its scope. The “State” is
considered to be the “trustee” of all natural resources and as a trustee it is under a legal duty
to protect the natural resources. In the judgment of the Court, in the consonance with the
article 48-A of the Constitution which imposes obligation on the State to protect and improve
the environment, wild life and forests.

It may be inferred that law alone cannot help in restoring of a balance in the biosphere
disturbance. Nor can be the principles of awarding more compensation can help effectively.
The situation requires a clear perception and imaginative planning at every stage of
development. It also requires sustained efforts and result oriented strategic action.

The need of the hour is not “environmental pollution” but “environmental revolution”.
We must remove from “environment vs. development” to “environment and development”
and only then it will be possible to achieve this goal it is necessary that there is acceptance of
responsibility by citizens and communities and by enterprises and institutions at every level,
all sharing equitably in common efforts.

41
(1997) SCC 388.

27
 The policy directives issued by the government of India from time to time since the
announcement of the National Forest Policy of 1988 indicate the existence of a ‘learning
curve’ in the process of implementation of JFM in India. This means that with the passage of
time, policy makers have realized the need for new policy measures for expanding JFM
programmes together with the need for overcoming the constraints in their implementation.

Furthermore, the present analysis of forest policies on participatory forest

management in India reveals the government of India’s determination for the successful
implementation and expansion of JFM throughout the country. But such a resolve is
insufficient on its own without the collective effort of all stakeholders, encompassing
governmental and non-governmental organizations. A sound forest policy is necessary in
order to overcome these issues and challenges.

Now the time has also come to streamline the forest policies, rules and regulations
inherited from the colonial period as well as those formulated since independence, in view of
JFM as a major forest management model. On the technical side, emphasis needs to be placed
on the formulation of new and effective silvicultural practices to increase the productivity of
forests managed by village communities for the enhanced harvest of NWFPs. These
corrective measures will synchronize the practices with the basic philosophy and objectives
of participatory forest management. To sum up, these issues and challenges to the JFM
programme in India require in-depth study and analysis for their expeditious resolution.

In overcoming benefit sharing problem, it is important for policy makers to examine

the history of past settlements during rule, wherein forest users were granted certain rights.
These rights should not be abruptly extinguished by imposing new benefit sharing
arrangement under JFM as that will determine the response of village communities to JFM

In conclusion it seems reasonable to say that JFM initiatives are becoming acceptable
at various levels of governance in India, and all forests will eventually be managed under the
principles of participatory forests to empower and help poverty alleviation by ensuring the
livelihood security of the forest dependent people.

Laws cannot legislate the attitudes of the people it’s the people mindset has to be
changed in order to keep our mother earth clean and green.

28
BIBLIOGRAPHY

1. Chandra, Geetanjali and J.N. Pandey, Public Interest Litigation and Environment
Protection,Deep and Deep Publications, New Delhi, 2005.

2. Divan, Shyam and Arwin Rosencrantz, Environmental Law and Policy in India, Oxford
University Press, New Delhi, 2007.

3. Doabia, T.S., Environmental and Pollution Law in India, Wadwa and Company, Nagpur,
2006.

4. Jaswal, P.S., Environmental Law, Pioneer Publication, New Delhi, 2006.

5. Kailsah Thakur, Environmental Education Law and Policy in India, Deep and Deep
Publications, New Delhi, 1999.

6. Kothari, Ashish and Anuprita Patel, Environment and Human Rights, National Human
Rights Commission, New Delhi, 2006.

7. Leelakrishnan, P., Environmental Law Case Book, LexisNexis Butterworths, New Delhi,
2006.

8. Padma, International Environmental Law, Asia Law House, Hyderabad, 2005.

9. Rao, R.S., Lectures on Environmental Law, Asia Law House, Hyderabad, 2003.

10. Saxena, H.M., Environmental Studies, Rawat Publications, Jaipur, 2006.

11. Singh G., Gurdip, Global Environmental Change and International Law, Aditya

Book, Delhi,1991.

Web Sources:

1. www.books.google.co.in
2. www.timesofindia.indiatimes.com
3. www.financialexpress.com
4. www.scribd.com
5. www.maupatra.com
6. www.ssrn.com

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