Indian Forest Act amendment
- March 20, 2019
- Posted by: InsightsIAS
- Category: INSIGHTS
- Government policies and interventions for development in various sectors and issues arising out of their design and implementation.
- Conservation, environmental pollution and degradation, environmental impact assessment.
Indian Forest Act amendment
What to study?
- For Prelims: Key features of the Indian Forest Act and amendments.
- For Mains: Need for review and the expected outcomes.
Context: Indian Forest Act amendment: Govt ready with first draft. The draft, which has been prepared with focus on conservation and climate change, has been sent to states seeking comments. The amendments specifically deal with the Forest Rights Act, 2006 (FRA).
Highlights of the draft:
The amendment defines community as “a group of persons specified on the basis of government records living in a specific locality and in joint possession and enjoyment of common property resources, without regard to race, religion, caste, language and culture”.
Forest is defined to include “any government or private or institutional land recorded or notified as forest/forest land in any government record and the lands managed by government/community as forest and mangroves, and also any land which the central or state government may by notification declare to be forest for the purpose of this Act.”
While the preamble of IFA, 1927, said the Act was focused on laws related to transport of forest produce and the tax on it, the amendment has increased the focus to “conservation, enrichment and sustainable management of forest resources and matters connected therewith to safeguard ecological stability to ensure provision of ecosystem services in perpetuity and to address the concerns related to climate change and international commitments”.
Increased role of states: The amendments say if the state government, after consultation with the central government, feels that the rights under FRA will hamper conservation efforts, then the state “may commute such rights by paying such persons a sum of money in lieu thereof, or grant of land, or in such other manner as it thinks fit, to maintain the social organisation of the forest dwelling communities or alternatively set out some other forest tract of sufficient extent, and in a locality reasonably convenient, for the purpose of such forest dwellers”.
The amendment also introduces a new category of forests — production forest. These will be forests with specific objectives for production of timber, pulp, pulpwood, firewood, non-timber forest produce, medicinal plants or any forest species to increase production in the country for a specified period.
Indian Forest Act, 1927:
- The Indian Forest Act, 1927 was largely based on previous Indian Forest Acts implemented under the British. The most famous one was the Indian Forest Act of 1878.
- Both the 1878 act and the 1927 one sought to consolidate and reserve the areas having forest cover, or significant wildlife, to regulate movement and transit of forest produce, and duty leviable on timber and other forest produce.
- It also defines the procedure to be followed for declaring an area to be a Reserved Forest, a Protected Forest or a Village Forest.
- It defines what a forest offence is, what are the acts prohibited inside a Reserved Forest, and penalties leviable on violation of the provisions of the Act.
The need for review:
Many reports like the MB Shah report of 2010 and the TSR Subramanian report of 2015, have talked about amending the IFA.
Sources: down to earth.