Legal Protection of Forests

Forest Act, 1927

• British Government established the Indian Forest Service in
1864 and passed Indian Forest Act , 1865 and Forest Act of
1878.
• to consolidate all the previous laws regarding forests.
• to give the Government the power to create different classes
of forests for their effective usage for the colonial purpose.
• To regulate movement and transit of forest produce, and duty
leviable on timber and other forest produce.
• To define the procedure to be followed for declaring an area
as Reserved Forest, Protected Forest or Village Forest.
• The Act is divided into 13 chapters with a total of 86 sections
 Legal Protection of Forests
Reserved Forests
• dealt with in Chapter II of the Act ranging from section 3 to 27.
• Reserve forests are the most restricted forests and are
constituted by the State Government on any forest land or
wasteland which is the property of the Government.
• The use of the reserved forests is prohibited to the local
people unless they have a permission by the government.
• The area of land is declared to be a reserved forest when the
Government issues a preliminary notification under section 4
of the Act declaring that such a land is to be constituted as a
reserved forest and the Forest Settlement Officer settles all the
rights either by admitting or rejecting them.
• Section 26 of the IFA, 1927 deals with the prohibition of a
number of activities including grazing, tree felling, burning,
quarrying, hunting etc. in the forest.
 Legal Protection of Forests
• The penalty for the violation of the provisions of section 26 is
imprisonment for a term which may extend to two years or
with fine.
Village Forests
• dealt in Chapter III of the Act under section 28.
• When the Government assigns any reserved forest or any
other land to the village community for their use that piece of
land is classified under village forest lands.
• the State Government makes rules for regulating the
management of these forests.
Protected forests
• The state government is empowered to constitute any land
other than reserved forests as protected forests over which
the Government has proprietary rights.
 Legal Protection of Forests
• dealt in Chapter IV under section 29 of the Act.
• the Government retains the power to issue rules regarding the
use of forests.
• Protected forests cannot be created from the reserved forests.
Private Forests
• Chapter V of the Act deals with Non-government forests or
Private forests.
• these forest lands are not in control of the government.
• the State Government can by notification prohibit and regulate
the clearing of land for various purposes.
• only in special circumstances like to preserve public health and
wellness.
 Forest Conservation Act,1980
• After the 42nd Amendment Forest was included in the
Concurrent List.
• As per Article 48A, the state shall make laws to protect and
improve the environment to safeguard the forests of our
country.
• According to Article 51A(g), it is the duty of every citizen of
India to protect and improve the natural environment
including the forests of our country.
• To protect the forest, its flora, fauna and other diverse
ecological components.
• Preserving the integrity and territory of the forests.
• Arrest the loss of forest biodiversity.
• Prevent forest lands being converted into agricultural, grazing
or for any other commercial purposes and intentions.
 Forest Conservation Act,1980

• The Act was enacted to achieve two objectives

– restriction on the use of forest land for
• non-forest purposes and control of de-
reservation of forests that have been reserved
under the Indian
• In 1988, the Act was amended to include two
new provisions to restrict leasing of forest land
to private individuals or companies, and to
prevent felling of naturally growing trees
 Forest Conservation Act,1980
• The Act restricts the state government and other authorities to take
decisions first without permission from the central government.
• Act gives complete authority to the Central government to carry out
the objectives of the act.
• The Act levies penalties in case of violations of the provisions of FCA.
• The Forest Conservation Act will have an advisory committee which
will help the Central government with regard to forest conservation.
• Section 2: Restriction of forests being used for non-forest purposes.
• ‘non forest purposes’ means clearing forest land for the planting of:
Tea, Coffee, Spices, Rubber, Palms, Oil-bearing plants, Medicinal
plants
• without the prior permission of the Central government, SG cannot
dereserve any forest land or any portion of it reserved under any law.
 Forest Conservation Act,1980
• forest land or any portion of it cannot be used for non-forest
purposes.
• can not assign any forest land or any portion of it by way of
lease to any private person, or anybody or organisation not
controlled by the Government of India.
• that a forest land or any part of it grown naturally may be
cleared for the reafforestation.
• Section 3: Advisory committee : Central government has the
power to constitute an advisory committee to advice on
matters related to advising the central government on the
preservation of forests
 Forest Conservation Act,1980
• Section 3A: Whoever contravenes or abets the contravention
or any of the provisions of section 2, shall be punishable with
simple imprisonment for a period which may extend to fifteen
days.
• Section 2A. Appeal to National Green Tribunal: Any person
aggrieved, by an order or decision of the State Government or
other authority made under section 2, may file an appeal to
the National Green Tribunal.
# Tarun Bharat Sangh v. Union of India (1993)
• The petition was against the illegal mining going on in the
Protected forest of the Alwar District.
• Despite the fact that the area was proetced under the Act, the
state government had granted hundreds of licences for
mining marble.
 Forest Conservation Act,1980
• The Court held that whenever an area is declared as the
protected forest it comes within the purview of the Forest
(Conservation) Act.
• State government cannot carry on any non-forest activity in
the reserved area without the prior permission of the Central
government.
• As mining is a non-forest activity, the State government’s
action to grant a licence for mining or renewing their licence
for mining is contrary to law.
• An interlocutory direction was also passed to the State
government and the mine owners to stop the illegal activity in
the reserved area.
 Forest Conservation Act,1980
# T.N. Godavarman Thirumulkpad vs Union Of India & Ors
• Petition to protect the Nilgiris forest land from deforestation by
illegal timber operations.
• The Court issued detailed directions for the sustainable use of
forests and created its own monitoring and implementation
system.
• the word 'forest' must be understood according to its dictionary
meaning of the term irrespective of the nature of ownership and
classification thereof.
• According to this new broader definition, any forest thus defined,
regardless of ownership, would be subject to sec. 2 of the FCA.
• All forest activities throughout the country, without the specific
approval of the Central Government must cease forthwith.
 Forest Conservation Act,1980
• running of saw mills, plywood mills and mining are all non forest
purposes and they cannot carry on with the Central approval.
• The felling of all trees in all forest is to remain suspended except in
accordance with the working plan approved by the Central
Government.
• Complete ban on the movement of cut trees and timber from any
seven north eastern states of the country either by rail, road or
water ways.
• Railways were asked to shift immediate to concrete tracks than to
using wooden sleepers.
• Defense establishments were also asked to find alternatives to
consumption of wood based products.
• A High power Committee was constituted to oversee the
implementation of the judgment and to guide the Court in making
further orders, especially in the North East.
 Forest Conservation Act,1980
# Union Of India And Ors vs Kamath Holiday Resorts Pvt. Ltd, 1996
• Collector of the Union Territory, Daman leased out a site in the
reserved forest area to the respondent for putting up a snack Bar
and a restaurant.
• Conservator of Forests objected to the grant of such lease
affecting the reserve forest.
• Since the area leased out to the respondent was within a Union
Territory, the Collector was of the view that observance of the
procedure under Section 2 of the Forest (Conservation) Act, 1980,
was not necessary.
• The High Court approved the order of the Collector.
• Section 3 of the Forest (Conservation) Act, 19 80 has envisaged
the constitution of an Advisory Committee to advise the
Government in the matter of grant of approval under Section 2.
 Forest Conservation Act,1980

the court directed that the proposal as mooted by the Collector

and approved by his action, together with the objection of the
Conservator of Forests be sent by the former to the Central
Government under Section 2 of the Forest (Conservation) Act,
1980 read with the rules framed there under.
 Forest Rights Act (FRA) 2006

• Scheduled Tribes and Other Traditional Forest Dwellers

(Recognition of Forest Rights) Act, 2006.
• A large number of people, especially the scheduled tribes
have lived in and around forests for a long period
in symbiotic relationships.
• During the colonial time, the focus shifted from the forests
being used as a resource base for sustenance of local
communities to a State resource for commercial interests and
development of land for agriculture.
• The Act aims to undo the historical injustice caused by
colonial-era forest laws.
• The act tries to recognize marginal and tribal communities’
rights over forest lands over which they were traditionally
dependent.
 Forest Rights Act, 2006
• The Act recognizes and vest the forest rights and occupation
in Forest land in Forest Dwelling Scheduled Tribes (FDST)
and Other Traditional Forest Dwellers (OTFD) who have been
residing in such forests for generations.
• Forest rights can also be claimed by any member or
community who has for at least three generations (75 years)
prior to the 13th day of December, 2005 primarily resided in
forest land for bona fide livelihood needs.
• The Gram Sabha is the authority to initiate the process for
determining the nature and extent of Individual Forest Rights
(IFR) or Community Forest Rights (CFR) or both that may be
given to FDST and OTFD.
• Gram Sabha after its assessment, receives claims of the
communities, consolidates and verify these to help them
exercise their rights.
 Forest Rights Act, 2006
• It expands the mandate of the Fifth and the Sixth
Schedules of the Constitution that protect the claims of
indigenous communities over tracts of land or forests they
inhabit.
• The alienation of tribes was one of the factors behind
the Naxal movement, which affects states like Chhattisgarh,
Odisha, and Jharkhand. The Act through identifying IFR and
CFR tries to provide inclusion to tribes.
• It has the potential to democratize forest governance by
recognizing community forest resource rights.
• The act will ensure that people get to manage their forest on
their own which will regulate the exploitation of forest
resources by officials, improve forest governance, and better
management of tribal rights.
 Forest Rights Act, 2006
• Gram Sabha then passes such a resolution to sub-divisional
level committee (formed by the state governments.)
• If one or more communities are not satisfied by such a
resolution, may file a petition to sub-divisional level
committee.
• Sub-Divisional Level committee after its assessment, passes
the resolution to Sub-divisional officer to district level
committee for its final decision.
• The district-level committee’s decisions are considered final
and binding.
• A state-level monitoring committee is constituted by the state
government to monitor the process of recognition of these
rights.
 Forest Rights Act, 2006
The Act identifies four types of rights:
• Title rights: It gives FDST and OTFD the right to ownership to
land farmed by tribals or forest dwellers subject to a
maximum of 4 hectares. Ownership is only for land that is
actually being cultivated by the concerned family and no new
lands will be granted.
• Use rights: The rights of the dwellers extend
to extracting Minor Forest Produce, grazing areas etc.
• Relief and development rights: To rehabilitate in case of
illegal eviction or forced displacement and to basic amenities,
subject to restrictions for forest protection.
• Forest management rights: It includes the right to protect,
regenerate or conserve or manage any community forest
resource which they have been traditionally protecting and
conserving for sustainable use.