Unless misused, the move will now give forest staff protection from arrest & criminal proceedings for firing
Earlier immediate action was taken by the police against forest staff in case of firing. Photo: iStock Odisha government has granted immunity to forest personnel for use of firearms for self-defence while dealing with the poachers to protect forest-based resources and wildlife in protected and reserve forest areas, according to a notification issued by the forest, environment and climate change department of the state government on July 5, 2023.
The state government has decided to grant protection to forest officials under Section 197 (2) of the Criminal Procedure Code (CrPC) which authorises the use of firearms during official duty, the notification said.
“The Government of Odisha is aware that the use of firearms in discharge of their mandated duty and responsibility may expose forest personnel to vexatious criminal proceedings and that there is need to provide them immunity from prosecution without prior sanction,” the notification read.
The provisions contained under sub section (2) of Section 197 CrPC will apply to all the forest guards, foresters, deputy forest range officers forest range officers, assistant conservators of forests, deputy directors, divisional forest officers, regional chief conservator of forests, field directors and any other forest officers in the state who are charged with maintenance of public order relating to forest and wildlife protection, conservation and management, the notice stated.
Whenever the forest personnel will resort to firing, each such incident will be enquired into by an executive magistrate of the locality. Any proceeding, including institution of the criminal case of any nature affecting an arrest, would be initiated by the police, only if it is held as misuse of firearms by the forest officials.
The move will now give the forest staff protection from arrest and criminal proceedings, unless a magisterial investigation finds the use of firearms was misused, said principal chief conservator of forests (PCCF), SK Popli.
Earlier immediate action was taken by the police against forest staff in case of firing, may it be accident, unwanted or in self-defence, he said.
The move will give a moral boost for its 9,500 forest staff, he said. Some other states including Assam, Maharashtra, Karnataka, Madhya Pradesh governments have implemented the measures, he added.
The notification came after two forest staff were suspected to have been killed by poachers in the Similipal Tiger Reserve (STR) in June 2023 and non-gazetted forest staff association launched a strike from June 20 demanding protection during duty.
At least eight forest personnel were killed by the suspected poachers in the different areas of the state in the last three years, said Jagabandhu Patra, president of the association.
Forester Mathy Hansda, 45, was shot dead by the poachers inside STR during a confrontation and exchange of fire while patrolling on the night of June 16, while forest guard Bimal Kumar Jena, 40, posted at Baunsakhala beat under the Pithabata range in the core area of Similipal sanctuary, was gunned down on May 22.
“We hailed the government’s notification to give immunity to the forest staff on duty,” he said. The main demand of the association for deployment of special striking forces in at least 50 vulnerable areas remains unfulfilled. Over 8,100 members of the association will continue their strike, he said.
Biswajit Mohanty of the Wildlife Society of Orissa said they had demanded this for the last 20 years. “At last the government has given power to use firearms. It is a welcome step.”
Mohanty demanded the forest department replace the old firearms with the modern and sophisticated weapons that are used by the police. Training to the forest personnel to handle the use of the firearms will also be needed, he said
The government will procure more firearms, said PCCF, wildlife. He said the forest staff will also impart training for proper handling of the firearms and also their maintenance.
We are a voice to you; you have been a support to us. Together we build journalism that is independent, credible and fearless. You can further help us by making a donation. This will mean a lot for our ability to bring you news, perspectives and analysis from the ground so that we can make change together.
.png)
Comments are moderated and will be published only after the site moderator’s approval. Please use a genuine email ID and provide your name. Selected comments may also be used in the ‘Letters’ section of the Down To Earth print edition.