
A PROPOSED revision of the Indian Forest
Act of 1927, by the ministry of environownt and forests (MEF), has become the
focus of a controversy. Non-governowntal organisations say the MEF'S propmed kgislation - to be called the
nservation of Forests and Natural
ystems Act - does not do much for
munity participation in the manent of forests, and demand a public
ussion on the bill, which has been
uded in secrecy.
Environment minister Kamal Nath,
er, says, "To comment on the bill
be premature. We are still work towards an acceptable draft. As soon
it is ready we will discuss it with the
. as their input is essential."
ugh Nath said it would take
more months for the ministry to
-an acceptable draft legislation",
agreed to discuss the issue with the
at a national seminar to be held at
end of October - a proposal that
was earlier turned down by the ministry
on the ground that the draft legislation
was a secret document. The NGOS used
this assurance to make the MEF Commit
Rs 4 lakh to the seminar.
The NGOs, however, feel that Nath's
assurance was only an attempt to stem a
public outcry. Immediately after the bill
was leaked out in May this year, the
MEF set up' expert groups, under the
aegis of the Ni-w Delhi-based Indian
Social Institute (isi), to examine the critical aspects of the bill - especially community participation in decision-making and the recognition of community rights - and suggest an alternative
draft bill.
All for the Centre
Madhav Gadgil of the Centre for
Ecological Studies, Bangalore, is currently working on an alternate draft bill
called the "Peoples' Bill", which seeks
public control over forests. The MEF'S
draft bill, on the other hand, clearly
wants to confer more powers on the
Central government. Says an MEF Official,,"There are a number of different
Acts and state legislations. All these will
have to be brought under a comprehensive legislation. The revised bill hopes to
achieve this by harmonising these laws
and broadening the scope of the 1927
Act, which had a very narrow focus."
Says ecological historian Ramchandra
Guha, "This is a very state-oriented
piece of legislation, which seeks to considerably slow down and perhaps even
reverse the trend of greater popular participation in forest management."
Attempts have, nevertheless, been
made to provide for participatory management in the draft. A substantive
chapter has been included on village
forests to provide for peoples' management and village forests can be carved
out of the existing protected areas or
from any other government land. Local
representative bodies will protect and
manage the forests.
Provisions created for peoples'
management have, however, been
simultaneously circumvented by other
clauses. isi's Walter Fernandez points
out that the representative body will be
completely subservient to the will of the
forest department, as it will execute
management plans prepared by the
department. The bill vests state governments with the power to make the rules
and "may prescribe the manner in
which the management plan for such
forests shall be prepared and executed".
Besides, the draft states that the state
may take over the village forests if the
forest department is "satisfied that the
local bodies are either unable to protect
the village forests or abide by the management plan prescribed for it". And,
under the proposed bill, reserve forests
cannot be converted into village forests
- a restriction that is not present in the
1927 Act. "This will ensure that only a
limited area is available for the possible
constitution of village forests," says
Guha.
Regressive clause
What might prove to be even more
regressive, feel critics, is that peoples'
rights will be reviewed from time to
time and limited to the carrying capacity of the forests. Points out Ashish
Kothari of Kalpavriksh, "This notion of
carrying capacity is a notoriously
difficult one to apply to the field, and,
having left it undefined, the bill is
giving forest departments vast discretionary powers."
The bill has also drawn flak for
ignoring certain communities that are
dependent on forests and for disrupting
their livelihood. It seeks to restrict shifting cultivation as far as possible and
towards that end, vests the state with the
power io declare as "agro-forests", areas
of shifting cultivation area that are listed
for protection. The state will then
appoint a committee to settle rights of
the shifting cultivators "as it may deem
necessary". A maximum of 3 years will
be allowed to stop shifting
cultivation in areas where
a ban on such practices is
to be imposed. "The bill
makes no provision for
the recovery of livelihood
and does not deal with the
causes of deforestation,
laments Fernandez.
Guha points out that,
according to the bill, anyone claiming rights, in
reserve forests must be
from a village that has a
contiguous boundary with
such forests. This discriminates against nomadic
pastoralists, he says. Nor is
there a provision for supplying raw materials to
forest-based artisan communities, Guha adds.
Besides stifling the possibilities of decentralised
management of forests, of India's Constitution, fear c
Environmental lawyer Rajiv Dha
says, "The proposed bill is a corn
triumph of over-centralisation.
comes at a time when decntrali
as enshrined in the Panchay
(Amendment) Act, is the order
day." Under the bill, the Centr
ernment can direct state govern
to declare areas as reserve forests.
the Central government's permisswe
essential for granting licenses to
based industries and for extra,
industrial raw material.
Review welcomed
The clause that provides for a strinp
review of commercial exploitaticom
forests has, however, been welcomed
environmentalists. There is, neverd
less, uncertainty over the impact of
village forest development fund,
is to be created out of the tax le
timber and other commercial too
produce and is to be used for the pron
tion and regeneration of forel
According to the bill, the state gov"
ment will exterid loans from this fund
the local bodies, which are to be rto
ered from sale of forest produce. I
Ashwinil Chhatre of isi points out.
not mqntioned whether the subsism
requirement of the local population't
be prioritised over or
ordinated to the sak
forest produce for
recovery of loan." Boud
these provisions ml
turn out to be red
rings. Says Chhatre,
policy on industrial
tation is already on
anvil."
The furore over
proposed bill is uncMa
reminiscent of a III
attempt by the gowl
ment to revise the III
Act. The move was abg
doned when it drew 4
for ignoring the resoa
rights of people.
the government
agreed to discuss the so
bill with the NGOS, Do
wan says, "The shs
learn its lessons bt
environment decisions
put up for political
financial auction."