8 National Forest Policy, 1988
Manoj Kumar Sharma
NATIONAL FOREST POLICY, 1988
Introduction
Forests are the sinks of carbon dioxide and they provide us much needed oxygen which is essential for the survival of living beings on the planet earth. Forests have much economic value for a nation, apart from being the sinks of Carbon dioxide. Therefore, protection of forest cover and forest conservation is a very important subject for any welfare government and accordingly, each nation sets its policy objective keeping in view national goals and situations prevalent in country.
Conservation of forests formed an integral part of the Vedic tradition of India as early as 300 BC. Vedic tradition, there were ‘Van’ (forests) were worshipped for they provided us with timber for fuel, food and other resources for survival on this planet. The Maurya kingdom recognized the importance of forests. During the reign of Chandragupta Maurya, an officer was appointed to look after the forests (K.S. Shobajasmin, 2013). Therefore, conservation and sustainable use of forests used to be an important subject since ancient times in India.
Forest Policy is the set of principles and guidelines devised by each country keeping in view its economic, ecological, social and political factors for protection, conservation, development, use and exploitation of forest resources with the aim of sustainable development. Forest Policy sets the targets and paves the way for channelization of various executive, policy and legal measures for achievement of those objectives. The Policy is not a tangible document in the sense of a master plan, but a participatory process with defined outputs. It is a long-term process, composed of various elements, including the country policy and legal framework related to forests, the participation mechanisms, and the capacity-building initiatives. (Aditya Kumar Joshi et al, 2010). The forest policy is a complex balance between economic, social and political objectives in an environment where the forests and the institutions continuously change (Kant, 2003). Forest Policy encompasses not only development, protection and conservation of forests but also targets regarding use and exploitation of forest resources and accordingly subjects like timber needs, pricing, trade, developmental needs, property rights, forest dwellers rights, forest management etc are all included in the dynamic forest policy document.
Learning Outcomes
The paper aims to apprise the reader with the National Forest Policy of India from its inception i.e. the Forest Policy of 1894, NFP, 1952 and the present NFP i.e. NFP, 1988. The paper will also discuss the features and the Principles of NFP, 1988 and the legislation enacted to give legal teeth NFP. In addition, the shortcomings of NFP and the need for revision shall also be discussed. The discussion shall be under the following rubrics
- Introduction
- Learning Outcomes
- National Forest Policy of India
- NFP, 1894
- NFP, 1952
- NFP, 1988
- Forest Legislation
- Indian Forests Act, 1927
- Forest (Conservation) Act, 1980
- The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition Of Forest Rights) Act, 2006
- Conclusion
National Forest Policy of India
National Forest Policy (NFP) is a dynamic document and is liable to change over a period of time in consonance with socio-economic and political objective of the government. NFP of India has also undergone various changes over a period of time since its inception. In this section, an attempt will be made to trace the origin of NFP and objectives, goals and drawbacks of the same.
Evolution of National Forest Policy in India
The origin of NFP can be traced back to 1854 when McClelland submitted a report to Government of India wherein he suggested restrictions on the exploitation of forests by private individuals. The report submitted by McClelland became a basis for the preparation of Charter of the Indian Forests by Lord Dalhousie in 1855 (L. Ravi Shankar, 2008). It contained outline for the forest conservation.
Thereafter, Indian Forests Act, 1865 was enacted which established State monopoly over Indian forests. Forest Department was established in 1864 and the organized forestry activities began in 1864. The then government took help of German Forester Dietrich Brandis, who was brought to look into the process of forest resource management in India (Mishra, 1999). Brandis emphasized the importance of forest on climate, rainfall, and irrigation sources as a strong tool for the imposition of state control over forests.
Forest Act of 1865 was succeeded by Forest Act of 1878. Act of 1878 classified forests into reserved forests, protected forests and village forests. It established State control over all wastelands. The Act took away the rights of local communities and forest dwellers regarding exploitation of forests particularly in case of protected forests. The Act also declared enacted penal provisions punishable with imprisonment and fines. Therefore, State control over forests was established like never before.
Forest Policy 1894
The report on Improvement of Indian Agriculture submitted in 1893 by J.A. Voelekar, Superintendent of Forests became the basis of Forest Policy, 1894. Accordingly, first Forest Policy of India was declared on 19th October 1894. Prior to 1894, forests were basically the property of Zamindars and Princes and there was no uniform management policy regarding forests. Policy of 1894 emphasized commercial exploitation of forests and promoted use of lands for agriculture. The policy treated forests as a commercial resource rather than the life-blood of human society which needed protection and conservation.
Forests were classified into four categories under the FP, 1894. The first category of forests needed protection as these were situated on hill slopes and were essential to protect the cultivated plains from landslides and they played a conservation role for the benefit of cultivated plains and assured revenue to the state. The second class of forests consisted of valuable timber trees like Devdar, Sal, Teak etc. Due to the precious timber value, regeneration was promoted for expanding commercial exploitation. Next category of forest were the forests producing minor produce and fuel-wood which was required by the local communities and forest dwellers. Fourth category consisted of grazing lands which were needed by the locals for grazing their cattle. (K.S. Shobajasmin, 2013).
The FP, 1894 was the first formal policy documents dealing with uniform management of forests under the control of Forests Department, yet the policy had various demerits. It did not apply to forests owned by government. The main aim of this policy was commercial exploitation of forests than preservation and conservation. Therefore, it promoted conversion of forest land into agricultural land and failed to restrict shifting cultivation. Hardly, any effort was made to protect wild life which is essential part of forests.
National Forest Policy 1952
Forest Policy, 1894 was formulated in the pre-independence period when India was under colonial rule. The main aim of that policy was commercial exploitation than conservation and protection. As such, the policy was bound to change after independence. Independence of India followed by enactment of the Constitution of India laid the foundation for a more comprehensive forest policy in conformity with the socio-economic welfare of the masses. Accordingly, new NFP was formulated on 12th May 1952 for making the policy consistent with the goals, targets and policies of independent India where the thrust was on conservation and protection coupled with sustainable use and exploitation of forest resources. NFP, 1952 set the target of having atleast 1/3rd of the total geographical area of the country to be under forest and tree cover. The policy laid stress on economic exploitation coupled with sustainable use of forests. The demand for forest produce was increasing with increased industrialization and the use of forest produce in defense, railways and industries and other national needs. Accordingly, the pressure on forests was ever increasing. In this backdrop, NFP 1952 was formulated with increased focus on conservation and having the forest cover upto 1/3rd of the geographical area and also meeting the use of forests to meet national needs. Policy also laid stress on control over denudation in mountainous regions, control over erosion of river banks and shifting sand dunes.
NFP, 1952 classified the forests as
- National Forests
- Protected Forests
- Village Forests
NFP, 1952 laid stress on preservation of protected forests since they are situated on hill slopes and thus play an important role in protecting soil erosion and plains from floods etc. National Forests constitute valuable timber and hence are vital for the development of the country and therefore, is sustainable management is required. Village forests are basically meant to meet the needs of the local community regarding fuel wood and minor forest produce. Later an year after, forests under Zamindars were nationalized.
However, the policy suffered from various drawbacks and was basically an extension of FP, 1894 with emphasis on maintaining 1/3rd of the area under forest cover. However, Imperial approach of treating forests as revenue resource continued. Hence, the immense pressure on forests and excessive use of forests led to depletion of forest cover thereby necessitating change in NFP.
NATIONAL FOREST POLICY, 1988
NFP, 1952 was influenced by FP, 1894. Initially, there were no express provisions in the Constitution of India dealing with forests, forestry etc. However, Constitution (Forty Second Amendment) Act, 1976 inserted Article 48A which provided inter alia for protection of forests and wild life. This apart, legislative competence to enact laws on Forests and Protection of Wild animals and birds was also conferred concurrently on both the Union and State governments by inserting entries 17A and 17B respectively. Accordingly, both the layers of government can enact laws to protect, safeguard regulate and manage the forests. Union has enacted various forest legislations which will be discussed in the next section of this paper. However, ‘forests’ being in the concurrent domain, the implementation of the system has been devolved upon the States. These changes coupled with failure of NFP 1952 to meet the changing situations, forced the adoption of new NFP in 1988.
NFP, 1988 was formulated on 7th December 1988 with the basic objective of maintenance of environmental stability and restoration of the ecological balance. NFP, 1988 has helped in the stabilization of forests in the country over around three decades despite huge pressure on the forests due to increasing population and rampant industrialization. The features of NFP 1988 are discussed in this section.
OBJECTIVES OF NFP, 1988
NFP, 1988 has been formulated with the following objectives in mind:
- Ensuring Environmental stability
- Promoting Conservation of forests
- Checking soil erosion and denudation in the catchment areas of rivers, lakes, reservoirs
- Checking the extension of sand-dunes in the desert areas of Rajasthan and along the coastal tracts.
- Increasing substantially the forest/tree cover in the country
- Meeting the requirements of fuel-wood, fodder, minor forest produce and small timber of the rural and tribal populations.
- Increasing the productivity of forests to meet essential national needs.
- Encouraging efficient utilization of forest produce and maximizing substitution of wood.
- Creating a massive people’s movement with the involvement of women
ESSENTIALS OF FOREST MANAGEMENT
After having laid down the objectives of NFP, 1988, Policy lays the essentials of forest management and thereafter, the Strategy for forest management has been formulated. The essentials of forest management are summarized as under:
- Protection of Existing Forests
- Increasing forest and vegetal cover on hill slopes, catchment areas of rivers etc
- Discouraging diversion of good agricultural land to forestry
- Creating and strengthening network national parks, sanctuaries, biosphere reserves and other protected areas
- Making adequate provision for fodder, fuel, pasture etc. in forests adjoining areas
- Emphasis on Afforestation
- Enhancement of production of minor forest produce
STRATEGY
The final section of the NFP, 1988 deals with the strategy to achieve the objectives of NFP, 1988 with emphasis on wildlife conservation. Multipronged Strategy has been mulled to ensure sustainable use and management of forests dealing expressly with – increasing Area under Forests; Afforestation, social forestry and farm forestry; management of state forests; discouraging diversion of forest land to non forest uses; wildlife conservation; associating tribal people and forest dwellers in forest management; discouraging shifting cultivation; preventing encroachment on forest lands, forests fires etc; regulating forest based industries; promoting forest extension; promoting and encouraging forest education; providing facilities and encouraging research in forestry; skill development and personnel management; creating forest database by periodic forest surveys; providing legal support for implementation of NFP and; making robust investments and providing financial support for sustainable use and management of forests.
Area under forests
NFP, 1988 has aimed at having atleast 1/3rd of the total geographical area under forest and tree over. In case of hilly and mountainous area, the aim is to have minimum of 2/3rd area under forests and tree cover. More particularly in hilly slopes, the attempt is to prevent denudation so as to protect the plains from floods.
Afforestation, Social Forestry & Farm Forestry
FP has stressed upon undertaking afforestation programmes. In this context, following strategy is devised
- To launch massive afforestation programmes
- Planting of trees alongside of roads, railway lines, rivers and streams and canals, and on other unutilized lands under State/corporate, institutional or private ownership
- To develop Green belts in urban/industrial areas
- Development of tree cover and fodder resources on Village community lands
- Regulation of felling of trees on private holdings
Management of State Forests
Management of State forests is an important component of forest policy. State forests have traditionally been used by forest dwelling communities. However, their rights were restricted by successive colonial interventions and post colonial policies also. In this context, management of state forests in consonance with national objectives while at the same time recognizing the right of the forest dwellers and local communities is important. NFP has formulated following strategy regarding management of State forests
- Regulating and Restricting development schemes having adverse impact on forest cover on hill slopes, catchment areas of rivers etc.
- Approval of management plans of forests
- Central Government to ensure implementation and monitoring
- Enhancement of forest cover and forest productivity
- To reduce the gap between demand and supply of fuel-wood
Rights and Concessions
As stated earlier, the state forests have traditionally been used by local communities for meeting their needs, accordingly strategy dealing with management of state forests has recognised limited rights of local communities. The rights and concessions are as under :
- Grazing rights to be commensurate with carrying capacity
- To encourage stall feeding of cattle
- Rights and Duties of communities living in and near the forests
- Making available to STs and forest dwellers fuel-wood, minor produce etc at reasonable prices
- To encourage substitution of wood in industry
- To encourage substitution of Fuel-wood with alternate sources like bio-gas, LPG and solar energy
Diversion of Forest Lands for Non-Forest Purposes
Generally diversion of forest lands for non-forest purposes should be discouraged. In this context, following strategy has been adopted:
- Forest land should be treated as a national asset and therefore, its diversion for non forest purposes is not preferred and it calls for strict regulation of diversion of forest land for non-forest purposes
- Development activities to be in harmony with the need for conservation of trees and forests
- Liability of mining/quarring agencies to re-vegetate the area
- Mine Management plan should be taken from the beneficiaries of mine and it should be in conformity with NFP
Tribal People and Forests
There has been an historical and traditional association of tribal people with forests. They have rights over the use of forest land since times immemorial and therefore, they have a greater stake in sustainable use of forests. Accordingly, NFP strategizes associating tribal people in forest management. In this regard, following steps are mulled:
- To associate tribal people in the protection, regeneration and development of forests
- Contractors should be replaced by tribal cooperatives, labour cooperatives, government corporations, etc.
- To ensure development of forest villages at par with revenue villages
- To launch Family oriented schemes for improving the status of the tribal beneficiaries
- To initiate integrated area development programmes to meet the needs of the tribal economy in and around the forest areas
Shifting Cultivation
Colonial regime promoted diversion of forest lands for agricultural purposes so as to generate more revenue. Forests were treated as revenue resource and were meant for exploitation. Increased emphasis on agriculture lead to shifting cultivation wherein the land after being put to agricultural use is left unused for some time so that it can gain productivity again the cultivation is shifted to another piece of land usually forest land. It had led to depletion of forests and their conversion into agricultural tracts. NFP has recognised the need to contain the problem of shifting cultivation and has provided the following strategy to deal with the situation
- Alternatives to shifting cultivation should be adopted and encouraged
- Emphasis should be on rehabilitation of areas already damaged by cultivation through social forestry and energy plantations
Damage to Forests from Encroachment, Fires and Grazing
Over the years, encroachment on forest lands has become a serious concern and it has adversely affected forest management. NFP, 1988 recognized and accepted this as a fact and called for checking the increasing incidence of encroachments.
Further, the incidents of forest fires have also restricted and mitigated the efforts of the government regarding preservation and conservation of forest, flora and fauna and wildlife. In this context, NFP called for reducing and controlling forest fires to prevent damage to forests.
Unrestricted and unregulated grazing in forests can cause loss to growing plants and is harmful in the long run, therefore, NFP made it imperative to control, regulate and restrict grazing in forests. Further, in India, it has been seen that people maintain large herds of non-essential livestock and the emphasis is rather on quantity than on quality. This puts pressure on forests accordingly, NFP aimed at discouraging people from maintaining large herds of non-essential livestock
Forest Based Industry
NFP 1988, promulgated the following strategy regarding forest based industry
- Forest based industry should develop self sufficiency in Raw material by regenerating and vegetating the area
- Such industries should be subject to careful Scrutiny before they are allowed to operate
- To provide employment to local people in raising trees and raw-material
- Encouraging farmers to grow wood species on marginal/degraded lands
- Natural forests not to be made available to industries for undertaking plantation and for any other activities
- Encouraging industry to use alternative raw materials
Forest Extension
As stated earlier, NFP aimed at having atleast 1/3rd of the total geographical area under forest cover. Therefore, it is required to enhance the present coverage of area under forests. For this purpose, policy proposed the following strategy
- Training in silvicultural and agri-silvicultural techniques at Krishi Vigyan Kendras, Trainers’ Training Centres
- Educating the farmers
Forestry Education
Sustainable forest management is not possible unless, forestry education is promoted and encouraged. In this context following steps are recommended by NFP
- Forestry as a scientific discipline and a profession
- Promotion of research in agricultural universities
- Higher Forestry education should be a qualification for Indian Forest Service and the State Forest Service
Personnel Management
In order to have sustainable management of forests, it required to have suitable persons in management and regulation of forests. Therefore, NFP provided for
- Enhancing professional competence and status
- Motivating Personnel and
- Adequate and effective Training of employees
Other Measures
- In order to have effective management of forests, stock taking is very important and therefore, NFP prompted to encourage forest surveys periodically to take stock of the forests in India. Accordingly Forest Survey of India conducts surveys periodically and the data is collected and analysed
- Policy is a statement of the mission and the measures to be taken for achieving the mission, however, if effective legislative and executive measures are not taken to implement the mission, the policy remains a paper tiger only. In this context, NFP recommended taking appropriate legal and executive measures and for development of infrastructure for implementation of the goals of NFP.
- Sustainable development and use of forests require forestry research for increasing productivity and quality in order to meet the growing pressure on forests. In this context NFP emphasizes promoting research for increasing productivity and quality of forests and forest produce. Research should focus on
- Re-vegetation of barren/marginal/waste/mined lands
- Effective conservation and management of existing forest resources
- Research related to social forestry
- Development of substitutes to replace wood and wood products
- NFP recommended for providing necessary funding for forestry so that the sustainable management of forests is ensured. Therefore massive investment is required to be made in forestry. Therefore, NFP mandates the governments to provide financial support for implementation of NFP and to achieve the objectives of NFP.
Forest Legislation
As observed in the foregoing discussion that Policy is the vision statement of the government wherein the objectives of the government are set out and the measures to achieve the objectives are formulated. However, Policy in itself does not have legal binding force and it does not create rights and obligations. Accordingly, in order to give legal teeth to Forest Policy, India has enacted various laws viz.
- Indian Forests Act, 1927 – It was enacted in the colonial era whose purpose was to fasten State control over forests and therefore, it restricted the rights of forest dwellers and local communities and prescribed various acts as offences leading to alienation of village and local communities from forests.
- Forest (Conservation) Act, 1980 – This Act was enacted to achieve the Constitutional objectives of forest conservation and protection for environment protection and for maintaining ecological balance. This law seeks to curb the diversion of forest land for non-forest purposes in line with NFP. The Act mandated governmental permission before undertaking agro-forestry in forest area.
- The Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 – This Act was enacted a decade ago in order to recognize the historical and traditional rights which forest dwellers had over the forests. The Act recognized the historical injustice done to forest dwellers and STs dependent upon forests by alienating them from the forests and denying them their age old rights. Accordingly, Act recognized their rights and also recognized their importance in preserving and maintaining ecological balance and in conservation of forests while ensuring their rights.
The foregoing analysis reveals that India has formulated NFP, 1988 to maintain forest cover over atleast 1/3rd of geographical area so as to maintain ecological balance. As a matter of fact, the efforts of the successive governments have not gone in vain as is evident from the data collected by Forest Survey of India. As per the available records, Forest Cover of the country is estimated at 701,673 sq. km which is 21.34% of the geographical area of the country. The tree cover of the country is estimated to be 92,572 sq. km which is about 2.82 % of the geographical area. The total Forest and Tree cover of the country as per 2015 assessment is 794,245 sq. km which is 24.16 per cent of the geographical area of the country (FSI, 2015). In 1991, total forest cover was 634,938 sq. Km and therefore, there is an increase in forest cover owing to the efforts of the government yet it falls short of the desired 1/3rd level.
Judicial Approach
Indian judiciary has played pro-active role in preservation and protection of environment. In the context of forests also, judiciary has made its contribution. A few cases are discussed hereunder:
Forest fires have been frequent in India and have been responsible for destruction of precious forests, flora and fauna. However, the NFP has not done much in this regard. In Protection of Forest Environment vs. Union of India and Ors (2016) wherein a petition was filed against Union of India for directions to the government for conservation and protection of forests from wild fire, the Uttarakhand High Court agreed with the petitioner and issued several guidelines including deploying 10000 fire watchers in Uttarkhand during summer season. The Court opined that there is a need for revision of NFP and directed Union of India to formulate National Forest Policy aiming on forest management, conservation and sustainable development also to maintain and increase forest covers and notify the same within a period of six months as per preamble and guidelines framed by United Nations Conference on Environment and Development also called Rio de Janeiro Declaration/Earth Summit/Forest Principles. The court directed that NFP must integrate with other economic policies.
There is hardly any machinery for the implementation of NFP, 1988. Legislation is important for the successful implementation of the NFP. If the principles enshrined in NFP are not given adequate protection in the Forest Legislation, the Policy remains a toothless tiger. In Lafarge Umiam Mining Pvt. Ltd. v. Union of India [(2011) 7 SCC 338], where a limestone mine in Meghalaya (which is situated in Tropical Rain/Moist Forest) was allotted to the Lafarge Mining Ltd and it was contended that the allotment is illegal because as per NFP Tropical Rain areas are required to be totally safeguarded. The Supreme Court observed that there is gap between the policy and the legislation, accordingly, court observed that time has come to declare that NFP must govern the provisions of Forest (Conservation) Act, 1988 in particular regarding grant of permission under section 2 of the said Act. The Court declared that the principles enunciated in NFP should be read as part of Environment (Protection) Act and Forest legislation. Court directed Union government to appoint an appropriate authority in the form of Regulator at National and sub-national level to ensure and monitor the implementation of NFP, 1988.
Draft Forest Policy 2016
NFP, 1988 has been formulated around three decades ago and much has changed in the meantime. The socio-economic conditions, the economic policy and the environment, all have undergone a change during these three decades. The objectives of NFP are noble and it has its share of success yet there is need to have a new NFP in consonance with the present conditions. In this regard, Ministry of Environment, Forests and Climate Change has got prepared from Indian Institute of Management, draft FP wherein it has proposed to levy Green Tax as a revenue generating measure for conservation of forests. The draft policy provides for having 1/3rd of the total geographical area under forest cover, however, requirement of 2/3rd area under forests in hilly and mountainous regions is done away with. Draft Policy aims to bring the forest management under Community Forest Management system wherein Gram Sabhas would have a greater role to play in forest management.
Conclusion
From the foregoing analysis, it is clear that the goals of FP change with times particularly in view of changes in political, social and economic considerations. Accordingly, NFP of India has undergone sea change from that of being source of revenue generation measure to a sustainable development and management scenario. NFP, 1988 has made noble objectives and it has succeeded a bit in atleast stabilizing the forest cover. Yet the policy had its share of drawbacks.
One of the important loopholes in NFP and Forest Legislation is the absence of definition of ‘Forest’. The country is struggling to have a definition of this important term. The definition has a direct impact on forest and biodiversity conservation, implementation of tribal rights, land acquisition and land diversion for non-forest use. Further, NFP sets out the mission and the strategy, however, but does not suggest the concrete measures to achieve the same. For example,
Objectives underline that soil erosion and denudation of catchment areas of rivers, lakes and reservoirs should be checked, however, it does not suggest how this is to be done and the timeframe for actions. Further, there is expansion of agriculture in forest areas, however, the administration of forest policy and legislation has not been able to curb this. It has also been seen that in the name of plantation/afforestation, unsustainable/unsuitable plants are planted without adequate research which actually have adverse impact on the local atmosphere (Aditya Kumar Joshi, et al, 2010).
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References
- Aditya Kumar Joshi (et al) (2010) :National Forest Policy in India : Critique of Targets and Implementation, available at https://www.researchgate.net/publication/202780931_National_Forest_Policy_in_India_Critiq ue_of_Targets_and_Implementation
- L Ravi Shankar (2008) : Forest Administration in Tirunelveli District 1950 to1995 available at http://shodhganga.inflibnet.ac.in/bitstream/10603/15704/11/11_chapter%205.pdf
- Kant S, ‘Extending the boundaries of forest economics’, Forest Policy and Economics, Vol. 5, No.1, 2003, pp. 39-56.
- Forests and Evolution of the Modern World, State of the World’s Forests, FAO, 2012, p.19
- Forest Survey of India (2015) : India State of Forests Report, 2015 available at http://fsi.nic.in/isfr-2015/isfr-2015-tree-cover.pdf
- Mishra T K, ‘Forestry Research in India’, Economic and Political Weekly, Vol. 34, No. 16-17, 1999, pp.942-944.
- KS Shobajasmin (2013) An Economic Analysis of Role of Forests in Carbon Sequestration in Kanyakumari District Tamil Nadu, available at http://shodhganga.inflibnet.ac.in/handle/10603/132835