Global legal efforts for Forest Conservation

Introduction

Someone has correctly put into words that “Continuity is at the heart of conservation. Ecology serves that heart”. Ecology is an important aspect for all living beings and forests being the source to provide life to living beings should be handled carefully and delicately as they build pillars for the future.

This article highlights the importance of the conservation of forests and the legal efforts taken by different nations to conserve the resource so that the equilibrium is maintained in the ecosystem.

Beginning of conservation of forest laws

India is one of the first countries in the world to talk about the scientific management required for the conservation of forests. Legislatures have drafted certain laws for the conservation of forests which has helped in saving resources. One of the first legal initiatives taken by India to protect was the Indian Forest Act, 1865 which was further amended in 1927.

After Independence, the Forest Conservation Act, 1980 came into force on 25 October 1980 which provides restrictions on the use of forest for non-forest purposes.

The development of international forest-related policy and obligation was accelerated after the United Nations Conference on Environment and Development (UNCED) which was held in Rio de Janeiro, in 1992. It created awareness across the globe regarding the importance of facilitating forest management, sustainable development, and strengthening forests.

Need for Forest Conservation Laws

Forest frames the basic structure of the environment which is important to maintain ecology and to maintain our environment certain legal initiatives were taken to conserve the resources.

There was a need for laws related to the conservation of forests in order to protect the following:

1. Biodiversity Conservation: Birds and Animals living in forest depend on forests so deforestation may affect their habitat. In order to safeguard their habitat forest conservation laws are needed so that the trees are reserved for them.
2. Carbon sequestration: Forest acts as carbon sinks, it absorbs carbon dioxide and releases oxygen which is important for living beings. Hence, forest conservation laws are important as it forest helps in the production of oxygen.
3. Water Conservation: Forests are crucial for managing the water cycle and preserving water quality. They are essential for preventing erosion, safeguarding watersheds, and providing a steady source of clean water for both humans and animals.
4. Sustainable Resource Management: Forest laws help in maintaining the sustainable management of forests like use of timber, medical purposes, etc. It puts restrictions on activities like logging, mining, etc in order to avoid overexploitation of resources.
5. Cultural and spiritual values: In Indian culture, trees are worshipped by the people. It is of spiritual significance which defines the cultures of the people of India. Forest laws help in the conservation of forests as well as the conservation of culture and spiritual values.

Challenges in the framing of Forest Conservation Laws

1. Legal and political interference: Forest Conservation Laws may not be taken into consideration because of political interference as the economic sector, and industries will be given more importance in comparison with the policies for earning profit.
2. Lack of funding: Monitoring and directing of the laws requires financial investment which may not be sufficient in the respective system. So, it will be difficult to control the laws and policies regarding forests.
3. Lack of public interest: The Public may not be aware of the laws and regulations related to forests as more importance is given to the economic and commercial section. So, it may happen that people may lack interest which creates challenges in forest laws.
4. Enforcement problems: Due to less awareness about laws related to forests, and more importance given to the commerce sector it becomes difficult for the enforcement of the forest laws.
5. Conflicting Interests: People nowadays may be more interested in other topics like entertainment, industries, marketing, etc which does not allow people to connect with nature. Due to conflicts among people with respect to their matters of interest, it may be difficult the enforce laws related to forests.

Efforts taken for forest conservation laws in India

India has evolved laws regarding the conservation of forests to meet the present need in this changing environment. The first initiative took was the Indian Forest Act, of 1865 which was further modified to the Indian Forest Act,1927. Later Forest Conservation Act, 1980 was established for the effective working of the laws.

In the present scenario we have, the Forest Conservation (Amendment) Bill, 2023 which was introduced in the Lok Sabha on March 2023 provides a modified version of the Forest Conservation Act, 1980.

Indian Forest Act, 1865: The Indian Forest Act of 1865 stated that forests were owned by the state. It granted the British government the authority to designate any land with trees as a government forest and establish regulations for its management.

Indian Forest Act, 1878: The government had the power to designate reserved and protected forests, with local communities not having rights in protected forests. Local privileges could be taken away by the government. The Act also classified forests into reserved, protected, and village categories. It aimed to control the collection of forest resources by outlining certain activities as illegal, with penalties such as imprisonment and fines, in order to enforce state authority over forests.

Forest Conservation Act, 1927: It introduced penalties and procedures, extending the state’s control over forests while diminishing people’s rights to forest use. It was a crucial turning point in the development of forest governance in India, designed to strengthen forest laws and build upon existing legislation.

Forest Conservation Act,1980: The act puts a restriction on the de-reservation of forests or the use of forest land for non-forest purposes. Also, it gave powers to the central government to make advisory committees and to make rules for carrying out the provisions.

National Forest Commission, 2003: The National Forest Commission, established in 2003, is a government department in India tasked with evaluating policies related to publicly owned forests and laws governing forestry, both public and private. Its main goal is to review India’s policies and laws and provide recommendations on achieving sustainable forest management and ecological security.

Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006: It was passed in India on 18 December 2006 which concerns the rights of forest-dwelling communities to land and other resources, denied to them over decades as a result of the continuance of colonial forest laws in India

National Afforestation Programme, 2016: The aim and objective of the National Afforestation Programme (NAP) scheme is the ecological restoration of degraded forests and forest resources with peoples’ participation, with a focus on improvement in the livelihoods of the forest-fringe communities, especially the poor.

Forest Conservation (Amendment)Bill, 2023: The said bill provides conservation of forest land as it adds and exempts certain types of land under the purview of the act.

Regional efforts taken in India to conserve forest

In addition to national-level efforts,  various regional initiatives are underway in India to protect forests and promote sustainable forest management practices.

One such regional initiative is the implementation of the   National  Forest  Policy by various states in India. These guidelines outline strategies and priorities for forest conservation, sustainable management, and community participation at the state level.

For example, states like Himachal Pradesh have adopted a community-based forest management model to empower local communities in the decision-making process regarding forest resources. 

Many states have also established their own forest departments and agencies to oversee the protection and management of forests within their borders.  These departments often work in collaboration with local communities,  NGOs, and other stakeholders to implement conservation programs, undertake afforestation and reforestation projects, and carry out research and monitoring activities.

 Some states have introduced innovative programs to address specific conservation issues.  For example,  Tamil Nadu has adopted the Miyawaki method of afforestation, which involves planting a diverse mix of indigenous tree species in a small area to create a natural environment in a short period of   time.

International Conventions for Forestry

Conventions and agreements were made in the different regions regarding forest conservation in order to contribute to the improvement of the environment as ecology is not somebody’s work it’s everybody’s work.

Some of the conventions are:

Convention of Biological Diversity (1993): conservation and sustainable use of biological diversity and the equitable sharing of the benefits of genetic resources, including forest biological diversity. The expanded program of work on forest biological diversity was adopted in 2002. 

 

Convention on International Trade in Endangered Species (1975): Control of trade in endangered or threatened species, including several tree and woody species.

Convention Concerning Indigenous and Tribal Peoples in Independent Countries ILO Convention No.169 (1991): Protection of the social, economic, and cultural rights of Indigenous peoples, including implicity forest dwellers and forest-dependent Indigenous peoples.

International Tropical Timber Agreement (1994): Facilitation of trade in tropical timber and ensuring exports from sustainable sources.

Convention on Wetlands of International Importance Especially as Waterfowl Habitat (Ramsar Convention) (1975): Conservation and wise use of wetlands, including mangroves and some other forest ecosystems.

UN Convention to Combat Desertification,1996: Mitigation of the effects of drought and prevention of desertification, including optimizing the contribution of forests to this goal.

UN Framework Convention on Climate Change (1994): Limitation of human-induced disturbances to the global climate system by stabilizing greenhouse gas (GHG) concentration in the atmosphere. The Kyoto Protocol, the UNFCCC, and the Marrakech Accord establish guidelines and mechanisms for forests to reduce climate change. Forests are sources, sinks, and reservoirs of greenhouse gases. Forestry projects are part of the Kyoto Protocol’s Clean Development Mechanisms and Joint Implementation.

World Heritage (1975):  Protection and conservation of outstanding sites of cultural and natural heritage of universal value, including forest areas.

WTO (1994):  Supporting and ensuring the proper functioning of free trade, including trade in forest products. The Committee on Trade and Environment considers the links between the multilateral trading system and trade measures under multilateral environmental agreements, including issues relating to trade in forest products.

Case laws

T.N. Godavarman v.  Thirumulpad:  Also known as “the forest case of India”. Supreme Court has interpreted and mandated the protection of forests irrespective of forest classification and ownership. 

  T.N. Godavarman filed a writ petition in the Supreme   Court of   India in 1995.  The main objective of the petition was to protect and preserve the forest land of the Nilgiris, which was being exploited through deforestation and illegal logging. The significance of this case was about protection of forests. So one man’s efforts to stop deforestation in Gudalur led to a landmark legal intervention that contributed greatly to forest conservation.  Godavarman Tirumurupad will go down in legal history. He holds a high place in the hearts of environmental activists.

Recent Developments in India

The implementation of forest acts like Van Dhan Yojana aims to enhance forest-based sustainable development.

Also, initiatives have been made by different states which has helped to promote conservation and development of the environment such as Madhya Pradesh’s Tendu Patta collection, which benefits tribal people, and illustrates the economic potential of well-managed forests. The discovery of new species, such as the Namdapha flying squirrel in Arunachal Pradesh in 2022, highlights the ongoing importance of forests as reservoirs of undiscovered life. 

Conclusion

Conservation of forests and the environment is very significant for living beings as it provides a medium to survive. Steps are taken by the government in order to safeguard forests. People are also getting aware of the importance of natural resources which has led to the contribution in the natural society as well as in the human society.

References

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