The National Conference on Conservation of Eastern Ghats is proposed to be held on 4th and 5th December 2014 at Sri Venkateswara University, Tirupati.

The Conference  should invite the concerned stake holders and policy makers so that they get a healthy feed back on planning future activities. The Conference should also come up with pragmatic approaches to re clothe the denuded Eastern Ghats.

RESCUING THE DYING FORESTS OF INDIA

RESCUING THE DYING FORESTS OF INDIA

A.KISHAN I.F.S.

ANDHRA PRADESH

1. INTRODUCTION

FORESTS PRECEDE CIVILIZATION AND DESERTS SUCCEED THEM

The above saying is tested in history and it is true that the many civilizations flourished and vanished depending on the conservation of forests. Wherever the forests were revered the people of that era flourished and they were sustained for many generations. And where they were neglected the people faced starvation and penury.

The importance of forests is getting recognized by one all due to the vagaries of nature in the shape of drought or floods. The planners in India have recognized the importance and are proposing intensive and extensive measures to conserve retain and improve the forests.

In earlier days the population was less and geographical area was much more than the requirements of population and there was enough forest cover for humans and wild animals. The abundance of forests ensured ecological equilibrium and the pollution was hardly heard of. There was sufficient water and forage and the forests sustained the people and their cattle by providing fuel, fodder and herbal medicines, fibres etc. The major forest produce like timber was sufficiently available and the minor forest produce like honey, oils, lac, different seeds etc. were sufficiently available. The people used to utilize these resources to the extent of their requirements and as each habitation had its resources there was no competition for the resources between habitations. There was individual and society control over the resources.

The scenario changed over the times with increase in population and invasion by foreigners. The agrarian economy of the olden days was mostly pastoral and the wealth of the individual was assessed on the number of cattle heads one possessed. And many a times the fights or wars broke out for capturing the cattle. The demand on the forest resources raised and there was need for increasing the land under agricultural cultivation. The lands under forest cover were cleared for increasing the arable land and also for setting up new habitations. The greed of individuals increased and the cornering of land and forest resources increased for personal gain. The moral control began to wane and the State had to begun the control and exploitation of the forest resources.

With the reduction in forest cover there is perceptible change in the weather conditions, which is directly proportional to the loss of forest cover. Most of the forest areas are denuded and degraded and are becoming barren wastelands, and whatever natural forest growth is left is in inaccessible areas, mostly in tribal areas. Foreseeing the pressure on forests, the Britishers have felt that some of the forest areas should be demarcated as ‘reserved forests’ for posterity, and sufficient forest area was left as buffer zone to meet the needs of the local people and the community. But with the passage of time and with the increase in population, the buffer zones disappeared and, therefore, the entire pressure is on ‘reserved forests’ as can be seen from the data presented below:

OWNERSHIP FOREST AREA IN MILLIONS HECTARES

1946-47 1950-51 1986-87

Government forest 26.16 53.82 66.65

Community &

Private forest 13.78 14.20 08.53

As can be seen from the data the buffer area kept under control of community and private persons has reduced compared to the increase in forest area under Government control. The availability of major and minor forest produce is becoming scarce day by day and the increased transport facilities and the greed of persons living within and outside forest areas under government control, the different tactics adopted by the forest smugglers is causing fast depletion of forests compared to the efforts made by the Government for increasing the land under forest cover.

The participatory system of forest management is getting good results in areas where dedicated efforts are made by the government officials and the inhabitants of the habitation. In the participatory system of management the responsibility of protection of forest resources has become the joint responsibility of forest department and the villagers. The villagers are given full rights over the minor forest produce available in the forest areas given to their control, and they are also roped in preparing the plans for development of forest resources depending on their locality factors.

However, the attitudinal changes take some time to occur and the ideal conditions when the forests will redeem their pristine glory is very far off as the depletion is occurring at fast pace and the joint efforts by the forest department and the forest dependent habitations are not comparable to the depletion rate. Mother Nature has taken millions of years’ time to build the forest eco-system which is destroyed by man in no time. The time and monetary resources will not match the Mother Nature and it is impossible to reconstruct the ecology within a short period.

The moral control and control by the society is taking a back stage and personal interest and personal gain at the cost of others has become the rule of the day. The voluntary conservation efforts are yielding results in very few cases and the conservation of forests, though a community need, is becoming difficult to be achieved. The compulsion by way of duties cast by the Constitution of India and various enactments relating to Conservation of natural resources and forests are making the individuals to initiate action, at least in limited manner.

2. WHY TO CONSERVE FORESTS?

The Conservation of Forests is dependent upon survival of mankind in various ways. Forests provide us with tangible and intangible benefits. Some of them are;

1. Timber derived from forests is used in construction of houses and in furniture making etc.
2. Fuel- wood is the universal fuel, even today half of the total world consumption of wood is for fuel. Approximately 175 million cubic meters of wood is used as fuel in India.
3. Raw material to number of industries such as paper and pulp, plywood, saw mills etc.
4. Fibres are obtained from certain woody plants which are used in making ropes etc.
5. Fodder in the shape of grasses and leaves is available from forests.
6. Many forest species yield oils which are used in preparation of soaps, chemicals etc.
7. Gums and resins obtained from trees are used in many ways.
8. Medicinal plants – number of medicinal plants available from forests.
9. Lac and other products, tendu leaves, tanning material and dyes are available from forests.

10. The protective and ameliorative functions of the forests are

of great importance. Some of them are:

a. The carbon dioxide and oxygen balance is maintained by the forests.

b. Forests increase local precipitation by about 5-10% by creating conditions favourable for the condensation of the clouds.

c. Forests reduce temperature and increase humidity. It also reduces evaporation losses.

d. Forests maintain the productivity of soil by adding large quantity of organic matter and recycling of nutrients.

e. Tree crowns reduce the velocity of the wind and act as shelter belts.

f. Forests check the floods and about 15-30% of rainfall is intercepted by forests which are percolated down to the ground water aquifers.

g. Forests control wind and soil erosion and thus conserve soil and water.

11. Forests provide recreation facilities to the people. National Parks and Sanctuaries are visited by number of people.

12. Forests provide educational functions in the shape of field experiments for students for the purpose of taxonomy and ecological studies.

13. Large number of people are employed in forestry. Many persons living in remote areas find work nearer to their habitations.

Mangroves along the coastline play a crucial role during natural disasters. The tsunami of December 26, 2004, destroyed property worth billions of rupees and took away lives of nearly 300,000 people.

On 27-11-1981, Smt Indira Gandhi directed all the Chief Ministers of all Coastal States to ensure that the entire coastline should be protected from environmental degradation. It was directed to keep 500 mt. strip of coastline free from all other development. Unfortunately, the directions of the Prime Minster had no legal basis, and the directions were not seriously enforced.

Mangroves are salt tolerant characteristic complex; plant communities occurring in sheltered coastline areas in the tropical and sub tropical inter tidal regions of the world, such as bays, estuaries, lagoons and creeks. Mangroves provide important nutrient inputs and act as primary sources of energy for tropical estuaries. Biomass productivity of mangroves is relatively high and they act as reservoir in assimilation of wastes. Mangroves stabilize the devastating impact of hurricanes and cyclones as well as encroachment by the sea and check soil erosion. Mangroves also provide a wide variety of goods and services such as durable timbers, fuel wood of high calorific values, proteins rich fodder for cattle, edible fruits and vegetables and traditional medicines.

Of late, the fragile Mangrove ecosystem has been subjected to various anthropogenic and biotic pressures resulting in habitat destructions, loss of bio-diversity, affecting avifauna and their migration paths. Unsustainable aquaculture, siltation, weed infestation, uncontrolled discharge of waste water, industrial effluents, surface run-off, encroachment around the water bodies etc. which is resulting in shrinkage of their area. Effective measures are needed to save the mangrove ecosystem.

The result of precipitation/rainfall on different types of land surfaces is given below:

Item	Forest area	Agricultural area
1.Base flow	10%	10%
2.Subsurface consumption by trees and shrubs/agriculture	30%	25%
3.Subsurface run off	20%	05%
4.Surface run off	05%	35%
5.Land surface – consumption by herbs and ground vegetation	10%	10%
6.Interception	25%	15%

The sub surface run off and surface run off in forest areas when compared to open land/agricultural area, show that in forest areas, the ground water is recharged whereas, in open areas it is allowed to run free to join the oceans. The splash erosion by raindrops is also prevented by the leaves of the trees and other vegetation as the drops are intercepted before they touch the ground. The splash erosion loosens the compact soil and makes the soil vulnerable by either surface run off or by wind erosion. This activity thus makes the top fertile layer of the soil to disappear leaving the barren and not so useful surfaces for agricultural and other vegetative growth. The rainfall is also intercepted by the branches and trunk of the trees and the water is made to slowly run down the tree trunk and reach the soil. The slow movement of water enables its effective absorption by soil easier.

The forests act as carbon sinks for the world, as they absorb the carbon di-oxide and other harmful gases and by combining with the sun light cause photosynthesis, to produce much needed oxygen.

The roots of the trees and other vegetation are spread in soil, hold the soil from breaking up, and go by different types of erosion. It is established fact that the forest growth lessens the fury of floods and also lessens the quantity of soil being washed away in rainwater.

It is also an established fact that the green cover of forest creates humid atmosphere, which attracts the clouds passing above them. The precipitation or rainfall pattern thus differs from non-forest areas.

The trees and shrubs create a microclimate, which enables small organisms to grow and also enables regeneration process to take place. It creates ideal habitat for small animals to live in and multiply. The difference in temperature and humidity in forest stands and outside is remarkable. The lower temperatures are conducive for healthy growth of man and animals.

Hence, the imperative for conservation, protection and improvement of forests, which give the immense benefits to mankind.

3.WHY TO CONSERVE WILD LIFE?

The wild life in India comprises of about 500 species of mammals, 3000 species of birds, reptiles etc. and 30,000 other forms of life.

Pt. Jawaharlal Nehru the first Prime Minister of India referred to wild life as ‘wild life – that is how we refer to the magnificent animals of our jungles and to the beautiful birds that brighten our lives. I wonder sometimes what these birds and animals think of man and how they would describe him; if they had the capacity to do so. I rather doubt if their description would be very complementary to man. Inspite of our culture and civilization, in many ways, man continues to be not only wild but more dangerous than any of the so-called animals. Life would be very dull and colorless if we do not have these magnificent animals and birds to look at and to play with. We should, therefore, encourage as many sanctuaries as possible for preservation of what yet remains of our wild life.’

The biological pyramid consists of a bottom layer of small insects and micro-organisms and the predators like Tiger, Lion etc. occupy the top of the pyramid. Each layer/level of the pyramid is inter related and if any level/layer disappears or becomes extinct, the sustainability of the animals in the higher levels will be at stake. The clear example of this kind of situation is the frequent entry of panthers/leopards into villages and towns/cities in search of food and water. The normal habitat of these animals was encroached upon and the food materials such as small animals have disappeared with the vanishing habitat/forests. Therefore, there is no alternative for the predators but to enter the human habitations.

Another example of the animal – plant relationship is found in China, where the sparrows and birds were killed systematically. The small pests in the agricultural crops were removed by the sparrows and birds. As the birds have been killed by man, the occurrence of pests on crop land increased many fold.

One more example which can be seen in India is the disappearance of the common vulture from the skies. The vulture was nature’s scavenger and was seen hovering at all types of places wherever some dead organism was found. The increase use of pesticides in the fodder made the dead animals ingest the chemicals in their body tissues. The vultures thus came into contact with the deadly chemicals and have reached almost the level of extinction within a span of ten years by 97% decline in their population.

The importance of conservation of wildlife cannot be understood, as the disappearance of an insect or animal may not have direct visible effect on the locality where they are commonly seen. The absence of these insects and animals can be felt at a later time when some loss or damage, which can be observed, occurs.

The co-existence of man, animal and forests is essential for the survival of man, animal and forests.

The above narrative on the need to conserve forests and wildlife shows that apart from the efforts to be done by the policy planner, the legislature and judiciary have to perform their roles. The theory of separation of powers casts equal responsibility on the executive, legislature and judiciary to take steps for the conservation of forests and protection of wildlife.

Therefore, there is urgent need to support the efforts made by the Government to protect and conserve the available forest resources by enacting stringent laws and strengthening the existing laws by ensuring proper enforcement. The role of judiciary is of immense importance in this regard. And it is heartening to note that the Apex court has come to the rescue of Government in laying down law of the land in uncompromising terms through landmark judgments.

4. POLITICAL HISTORY

The civilizations of Mohenjo-Daro and Harappa date back to 5000 BC. The reasons for perishing of the Indus Valley Civilization are not clearly known but there is evidence to show that people during that period used wood for obtaining energy and for producing bricks and at the same time they venerated the trees. The supreme God of the Indus Valley Civilization was believed to live in Peepal (Raavi)(Ficus religiosa) tree. Peepal and babul plants were considered to have descended from heavens. The people were few and their requirements did not exceed the annual growth of forest.

The entire country was divided into small kingdoms and they were too occupied to fight wars than devote time for resource conservation. A relatively big empire was established by Chandragupta Mourya in 300 BC. Chanakya the Prime Minister of Chandra Gupta Mourya realized the need for forest conservation and administration. He appointed a Superintendent of Forest and divided the forests on functional basis. The forest produce considered most valuable in those days was Elephant and the punishment for unauthorized killing of elephant was death. The functional classification of forests was as follows:

i) Forests for the study of religion.

ii) Forests for supply of forest produce.

iii) Forests for grazing by royal elephants.

iv) Forests for hunting by royalty.

v) Forests open to public for hunting.

The ruler was not only to protect produce-forest, elephant-forest but also setup new forest stands. Forest was grown for their produce and persons working in such forests were settled there.

Penalties were imposed for cutting tender seedlings, branches of trees and cutting trees. The Superintendent of Forest was to bring the forest produce to the factories where the same is processed. The price of the produce was controlled and monitored by the ruler. Wild animals and birds were also given sufficient protection. Animals from reserved parks or protected areas when found moving in a field the same have to be driven away back to their habitat without being hurt or killed.

After the Golden Age of The Guptas, which ended in 673 B.C., the conditions reverted back to the pre-Gupta period and there was lot of political instability aggravated by repeated aggressions by Muslims. Due to the internal conflicts and wars, the people were forced to abandon their habitations and seek new shelters by clearing forests.

The Moghuls did not make concerted effort for forest conservation though they specified certain trees as ‘royal trees’ and collected a fee for their felling and removal.

The Moghuls were only indifferent to forests; the British Administrators were predators. Until about middle of 19^th century, the British Administrators managed the forests of India for:

i) exporting large quantities of Indian timber for British navy,

ii) using of extensive timber for building constructions,

iii) encouraging agriculture by clearing large areas of forests.

Captain Watson of Police was appointed as first Conservator of Forests in 1806 for procuring timber for British navy from Travancore and Malabar. The post was abolished in 1823.

The first step towards forest conservation was taken by Conolly, the then District Collector of Malabar in 1842, who was assisted by Chatur Menon, a sub Conservator of Forests. The teak plantations raised by them have become a model for raising teak plantations elsewhere in the country. The efforts of Conolly made the Directors of East India Company to realize the need to improve the forests. They appointed Gibson as Conservator of Forests Bombay presidency in 1847 and Cleghorn a Medical Surgeon was appointed in 1856 as Conservator of Forests, Madras. These officers followed the plantation technique adopted by Connolly and raised extensive teak plantations. No efforts were made either to regulate the fellings or to improve the forests in Central and Northern India till Declaration of Royal Proclamation in 1858. In the years following Royal Proclamation, the destruction of forests was rampant throughout the country. The requirement of timber for laying new railway lines across the country was one of the main reasons for the destruction.

The scientific forest management started in 1864 with the appointment of Dietrich Brandis, a trained German Forester as Inspector General of Forests. The objective of forest management changed from procuring supplies of timber for various purposes to conserving to protecting the forests. The Government of India took a decision to treat forests as State property. The ownership rights of individuals was abolished or controlled. Forest administration was streamlined and trained foresters were kept as managers of the resource.

The Forest Policies and Forest Act enabled the Britishers during the pre-independence period and the Indians after Independence to control, conserve and improve the forests and wild life.

5. LEGISLATIVE HISTORY:

As soon as Brandis was appointed as Inspector General of forests, Cleghorn was deputed to assist him. They developed a methodical system of forest management in India and also felt the need for independent enactment. The Indian Forest Act 1865 was enacted with the aim of preventing injuries to forest. Under this Act, the local governments were allowed to make local rules suitable to their respective areas.

In 1869, the Forest Service was reorganized and all the officers from different Provinces were included in the General List and classified into Conservators of Forests, Dy. Conservators of Forests and Asst. Conservators of Forests.

A revised Indian Forest Act 1878 was passed which extended to all Provinces of British India with exception of Madras, Coorg, Burma, Bihar, the Hissar district of Punjab, Ajmer and Baluchistan. The Act provided for creation of Reserve and Protected forests. The Madras Government passed its own Forest Act of 1882.

The Movement for Indian Home Rule in 1916 and the Non-cooperation Movement created general defiance against Forest Laws and the Forest destruction was enormous during the period. Damage to forests was caused by fire and unnecessary fellings in Bengal, Uttar Pradesh, Orissa and Andhra Pradesh to protest against the British Rule.

The Indian Forest Act, 1927 was enacted repealing the previous enactments on the subject. This Act dealt with Reserved Forests, Village Forests and Protected Forests and prescribes penalties and procedure for forest Offences. The Indian forest Act, 1927 is a major step in conservation and protection of Forests. The Act was adopted in British India and later it is adopted in independent India by all the States. The subject of Forests is in concurrent list and, therefore, some of the States in Indian Union have separate State laws without conflicting with the provisions of Indian Forest Act, 1927.

The following States have their own forest Acts:

1.Andhra Pradesh The Andhra Pradesh Forest Act, 1967

2.Assam The Assam Forest Regulations, 1891

3.Kerala The Kerala Forest Act, 1961

4.Karnataka The Karnataka Forest Act, 1963

5.Tamilnadu The Tamil Nadu Forest Act, 1882

6.Rajasthan The Rajasthan Forest Act, 1953

7.Orissa The Orissa Forest Act, 1972

Separate enactments are also made by different States for preservation of Private Forests. Private forests include all the forest areas outside Government control. Some of them are The Tamilnadu Preservation of Private Forest Act, 1949, The West Bengal Private Forest Act, 1948 and Kerala Private Forest (Assumption of Management) Act, 1957. In Andhra Pradesh the Forest Act of 1967 was amended by introducing Chapter IIIA for preservation of Private Forests, mainly situated in Scheduled Areas of the State.

Wild Birds Protection Act, 1887 was the first enactment in British India for protection of Wildlife, whereas, Wild Elephants Preservation Act, 1879 extended to certain provinces only. The Wild Birds Protection Act which prohibited the possession and sale of certain specified Birds during their breeding season was applicable to Municipalities and Cantonments and not to other areas. There was no ban on killing of wild birds and animals and to prevent indiscriminate killing of wild animals, Government of India passed Wild Birds and Animals Protection Act, 1912. The Act of 1912 prohibited the killing or capturing of wild animals and birds and the Wildlife considered endangered was listed in the schedules. Wild Birds and Animals Protection Act, 1935 was issued as an amendment to Act of 1912.In the Schedule of Act of 1935 large number of birds and animals were included for protection. The Act also provided for creation of sanctuary for protection and growth of wild animals and birds. The Wild Life (Protection) Act, 1972 is a comprehensive Act for protection of Wild animals. The Act deals with protection of endangered species of flora and fauna, and prescribes severe penalties for offenders. An Important aspect of Wild life law is that the onus of proof is on the accused and not on the prosecution.

6. FOREST POLICIES:

There are three forest policies formulated so far to give direction to the forest administration and management of forests and also to define the role of public in the forest protection. These policies help the planner to plan for future forest development with the aims and objectives of the policy in mind. The policy also helps the judiciary in reading the mind of the government and is useful while interpreting the enactments made.

The three policies are:

1. Forest Policy, 1894

2. The Indian Forest Policy, 1952 and

3. The Indian Forest Policy, 1988

The First Forest Policy was formulated in 1894. The Policy aimed at giving priority to agriculture than forest preservation and it also enunciated that the public benefit should be the sole object of forest administration. The policy classified the forests as follows:

1. Forests, the preservation of which is essential on climatic or physical grounds.
2. Forests, which offered a supply of valuable timber for commercial purposes.
3. Minor Forests which produce only inferior timber
4. Pasture lands.

Analysis of 1894 Policy

The first policy was implemented to some extent in the areas under the control of the British and it was a guideline for unorganized setup of administration, therefore, the results of implementation are not encouraging. The policy had following drawbacks:

1. It subordinated forests to agriculture, by giving preference to increase in agricultural area by felling forests
2. It did not give priority to protection and regulation of Forests
3. The requirements of people were to be met but not on the management principle of sustained yield, and
4. No measures were suggested for saving forests from the practices of shifting cultivation and uncontrolled grazing.

The Second Forest Policy was made in 1952 made good the inadequacies of old forest policy. The priority for agriculture was removed and the protection of forests was given importance. It aimed at keeping one third of geographical area of the country under forest cover. It proposed a forest cover of at least 20% in plain areas where there is less problem of soil erosion and stipulated 60% area to be under vegetative cover in hills where there is problem of soil erosion. The management principle of sustained yield was to be followed in harvesting the forest areas. The grazing was to be controlled to prevent degradation of Forests, and grazing by goats in forests is to be prohibited.

The six paramount needs that were kept in mind while formulating the Forest Policy were as follows:

1.The need for evolving a system of balanced and complementary land use, under which each type of land is allotted to that form of land use under which it will produce most and deteriorate least;

2. The need for checking:-

(a) Denudation in mountainous regions, on which depends the perennial water supply of the river system whose basins constitute the fertile core of the country;

(b) The erosion progressing rate along the treeless banks of the great rivers leading to ravine formation, and on vast stretches of undulating wastelands depriving the adjoining field of their fertility;

(c) The invasion of sea sands on coastal tracts, and the shifting of sand dunes, more particularly in Rajputana desert;

3. The need for establishing tree lands, wherever possible, for the amelioration of physical and climatic conditions promoting the general well being of the people;

4. The need for ensuring progressively increasing supplies of grazing, small wood for agricultural implements, and in particular of firewood to release the cattle dung for manure to step up food production;

5. The need for sustained supply of timber and other forest produce required for defense, communications and industry;

6. The need for the realization of the maximum annual revenue in perpetuity consistent with the fulfillment of the needs enumerated above.

Having regard to aims stated above the functional classification of Forests, both State owned and privately owned, was done as follows:

(a) Protection forests – those forests which must be preserved or created for physical and climatic considerations ;

(b) National forests – those which have to be maintained and managed to meet the needs of defence,communications,industry, and other general purposes of public importance ;

(c) Village forests – those which have to be maintained to provide firewood to release cow dung for manure, and to yield small timber for agricultural implements and other forest produce for local requirements and to provide grazing for cattle;

(d) Tree lands – those areas, which though outside the scope of the ordinary forest management are essential for the amelioration of physical conditions of the country.

The functional classification was made illustrative recognizing the multifarious role of a forest, which performs more than one function, and is therefore to be managed for the highest efficiency for the function for which it is chosen. The functional classification is different from the statutory classification of forests mentioned in the Indian Forest Act, 1927.

The policy provide for consideration of local interests to the extent possible without sacrificing the national interests of future generations.

The policy provides for revamping forest administration and education, training of field staff and taking up forest research.

Analysis of 1952 policy

The aims of forest policy were idealistic and, therefore, realization of ideals is difficult task. The functional classification of forests remained on paper and it is not transformed into practice.

The National Commission of Agriculture set up in 1970 studied the conservation and protection of forests and suggested that the investment in the forestry sector has to be increased by tapping the funds from private financial institutions. Based on this recommendation different State Governments set up the State Forest Development Corporations and these Corporations are borrowing funds from Consortium of Banks backed by Government guarantee. The Commission also studied the requirement of forest resources based on demand and supply. For preventing the encroachment in forest areas by the deprived classes in the rural sectors efforts were to be made for employment generation to them.

The increased biotic pressure on forest is not allowing the existing 22% of forest cover to be retained leave alone increasing it to the ideal situation of 33% as envisaged in the policy.

In forest administration the Indian Forest Service was started since 1966 to have uniform trained personnel all over the country who can implement and formulate the policies keeping the National considerations in mind.

The forestry research is recognized and many Institutions are set up all over the country for this purpose. However, the research is not comparable to the extent of research in agricultural sector. In agricultural sector, due to short gestation period the results are known within a cropping period whereas for forest trees the period is spread over many years and the continuous study is not being made. However efforts should be made by utilizing the genetic engineering to speed up the process of growth and maturity of forest trees at a lesser period.

The protection of forests remained the major responsibility of forest staff. And the staff was unable to perform their duties to the desired extent due to infrastructural difficulties such as lack of mobility, lack of communications, increased workload etc.

Keeping the shortcomings of 1952 policy in view the third forest policy was formulated.

The third Forest Policy was formulated in 1988, and it is being continued to date. The new policy was necessary as extensive diversion of forestland has taken place for non-forestry purposes, and the genetic diversity is considerably affected by destruction of forests. The new policy lays emphasis on the conservation and ecological aspects. The salient features of 1988 policy are:

1. Maintenance of environmental stability through preservation and restoration of ecological balance.

2. Conservation of the natural heritage of the country by preserving the remaining natural forests and protecting the vast genetic resources for the benefit of posterity.

3. Meeting the basic needs of the people for fuelwood, fodder and small timber for the rural and tribal people.

4. Maintain the intrinsic relationship between forests and the tribal and other poor people living in and around forests by protecting their customary rights and concessions on the forests.

The approach is envisaged as follows:

1. The existing forestland and forests will be fully protected and efforts will be made to improve their productivity. Efforts will be made to improve the forest cover on the hill slopes and catchments areas of rivers to prevent soil erosion.

2. To conserve the biological diversity number of sanctuaries, national parks, biosphere reserves and other protected areas will be increased and the existing ones will be better maintained.

3. Involvement people in forest protection, conservation and management will be increased.

4. Massive tree planting programme is to be taken under social forestry sector.

Analysis of current forest policy

The forest policy has greatly encouraged the need for joint efforts by people and the Government for protecting, conserving and improving the forests. The policy made almost all the States in the country to take up Joint Forest management/ Community Forest Management with the involvement of village communities in planning and implementation of Forestry works, soil and moisture conservation works. The people suggest what is suited for their village surroundings depending on their conventional knowledge and it is supported by the technical inputs by the forest department.

The forest policy apart from giving responsibility to people has not stipulated the action to be taken on the forest offenders, as the existing laws did not provide for the new situation. The movement of protection of forests by the people for their own needs to be supplemented by stringent legislation.

The socio-legal problems involved in dealing with the problem of forest encroachments needs to be answered. Land is not a resource, which can be extended or stretched to meet the growing requirements of land for the growing population. The existing resource is to be utilized by proper land use pattern. The forcible eviction of thousands of encroachers is not feasible and, therefore, they have to be provided efficacious alternate means of livelihood.

The enacted legislation and the policies framed have not descended to grass root level of administration. The duties and responsibilities of a person in respect of environmental considerations and conservation of forests is nearly forgotten. In the earlier period of history the Rajas or Zamindars used to see that everyone in the population under their control perform their assigned duties. The trend continued till Independence. After Independence, the Constitution of India is written and given unto ourselves, guaranteeing the fundamental rights. The Constitutional guarantees gave one and all to behave as they please, giving personal gain and other personal benefit priority over the community or national needs. In the earlier days of Independence the Legislatures were filled by elected representatives who hailed from legal fraternity, and who struggled for the welfare of the people around and the community. The recent analysis of the background of members of Legislatures shows a dismal and alarming picture as persons with tainted background and criminal record gain entry into Legislatures and became policy planners! It is time that the rule of policy planner is to be seriously looked into. The three organs of the Government, namely the Legislature, Executive and Judiciary have to function effectively for making India a developed country.

In our country we have enough natural resources, and sufficient man power and highly intellectual personalities, but most of the time developmental works do not achieve the goals which are aimed it when the projects are initiated. The difficulty is in attitudes and outlook of the implementing agencies who sometimes fails to understand the spirit behind the goals enunciated and the means adopted for achieving the goals.

Forest and wildlife are such natural resources, which have to be dealt and nurtured carefully so that only incremental growth in forest is utilized leaving the principal (tree growth) intact for future needs. Similarly in good forest stands which support diverse flora, the fauna (wild animals) survive well. The wildlife and forest can be put to commercial use also by encouraging eco-tourism, which makes the urban dweller experience the bliss of forest and wildlife habitat.

The policy had made the people aware of the need for conservation and protection of forests. But the communities which live in and around forest areas and who do not have any settled vocation are interested in clearing the forest areas for the sake of few bags of annual dry crop of jowar etc. The provision of making the resource dependent population to take steps to retain the forest areas for posterity is a big challenge for the planner as well as the enforcing agencies.

7. THE FOREST LAWS

The Forest laws that are applicable throughout India are:

1. The Indian Forest Act, 1927
2. The Wild Life (Protection) Act, 1972
3. The Forest (Conservation) Act, 1980
4. The Scheduled Tribes & Other Traditional Forest Dwellers (Recognition of Forest Rights) Act,2006

The Indian Forest Act 1927 broadly categorizes the forest has reserve forest, village forest, protected forest and non Government forest. The Government may declare any forest land or waste land as reserve forest by following the prescribe procedure. The Government may assign to any village community its right or any reserve forest and after such assignment the forest shall be village forest. Protected forest are constituted by including any forest land or waste land over which Government has proprietary rights. The Government may control the forest and land not being the property of the Government when such land is required for protection against natural calamities, protection of goods etc., the Act provides for imposing duty on timber and other forest produce. It also enables the Government to regulate the transport of timber and other forest produce. It also deals with collection of drift and standard timber. The properties seized are liable to confiscation after due enquiry. The Act empowers the forest officers to implement the provisions of the Act and also gives powers to compel the attendance of the witnesses, record evidence and arrest without a warrant.

The Wildlife (Protection) Act, 1972 provides for the protection of wild animals, birds and plants that are specifies in the schedules. The Act consists of 66 sections spread over 10 chapters and 6 schedules.

Some of the important definitions in the Act are:

a. ‘animal’ includes amphibians, birds, mammals and reptiles and their young, and also includes, in cases of birds and reptiles their eggs;

b. ‘animal article’ means an article made from any captive animal or wild animal, other than vermin, and includes an article or object in which the whole or any part of such animal has been used;

c. ‘hunting’, with its grammatical variations and cognate expressions includes-

(i) capturing, killing, poisoning,snaring and trapping of any wild animal and every attempt to do so,

(ii) driving any wild animal for any of the purposes specified in clause(i)

(iii) injuring or destroying or taking any part of the body of any such animal, or in the case of wild birds or reptiles, damaging the eggs of such birds or reptiles or disturbing the eggs or nests of such birds or reptiles;

d. ‘land’ includes canals, creeks, and other water channels, reservoirs, rivers. Streams and lakes, whether artificial or natural, marshes and waste lands and also includes boulders and rocks

e. ‘meat’ includes blood, bones, sinew, eggs, fat and flesh, whether raw or cooked, of any wild animal, other than vermin;

f. ‘trophy’ means the whole or any part of any captive animal or wild animal, other than vermin, which has been kept or preserved by any means, whether artificial or natural and includes-

(i) Rugs, skins and specimens of such animals mounted in whole or in part through process of taxidermy, and

(ii) Antler, horn, rhinoceros horn, hair, feather, nail, tooth, musk, eggs and nests;

g. ‘uncured trophy’ means the whole or any part of any captive animal or wild animal, other than vermin, which has not undergone the process of taxidermy, and includes a freshly killed wild animal;

h. ‘vehicle’ means any conveyance used for movement on land, water or air and includes buffalo, bull, bullock, camel, donkey, elephant, horse and mules;

i. ‘weapon’ includes ammunition, bows and arrows, explosives,

fire-arms, hooks, knives, nets,poison,snares,traps,and any instrument or apparatus capable of anaesthetizing, decoying,

destroying, injuring or killing an animal;

j. ‘wild animal’ means any animal found wild in nature and includes any animal specified in Schedule I ,Schedule II,

Schedule III, Schedule IV or Schedule V, wherever found.

k. ‘wildlife’ includes any animal, bees, butterflies, crustacean, fish and moths; and aquatic or land vegetation which forms part of any habitat;

The above definitions were extracted for the benefit appreciation of the interpretation and application of legal provisions depending on the nature of offence.

Chapter II of the Act provides for appointment of different officers and constitution of Wildlife Advisory Board, the duties of the Board and procedures to be followed by it.

Chapter III deals with prohibition of hunting, and hunting to be permitted in certain cases.

Chapter IIIA deals with protection of specified plants as specified in Schedule VI of the Act.

Chapter IV deals with declaration of Sanctuaries, National Parks and Closed Areas, the restrictions in these areas.

Chapter IVA deals with creation of Central ZOO Authority and recognition of zoos.

Chapter V deals with trade or commerce in wild animals, animal articles, and trophies, issue of certificate of ownership and licenses etc.

Chapter VA deals with prohibition of trade or commerce in trophies, animal articles etc., derived from certain animals.

Chapter VI deals with prevention and detection of offences.

Chapter VIA deals with the forfeiture of property derived from illegal hunting and trade.

Chapter VII deals with miscellaneous provisions.

The offences under the Act

Section 9 of the Act prohibits hunting of wild animals specified in the schedules.

Section 17A of the Act prohibits picking, uprooting etc. of specified plants mentioned in Schedule VI

Section 27 to 32 mentions the restrictions on entry into sanctuary, prohibition of destruction in sanctuary, causing fire and use of injurious substances in a sanctuary.

Section 35 deals with restrictions in National Parks.

Section 38 H prohibits operation of a Zoo without being recognized by the Central Zoo Authority.

Section 38 J prohibits the ill treatment of animals in zoo.

Section 39 declares that wild animals, trophies, and any vehicle, vessel, weapon, trap or tool that has been used in committing the offence and has been seized under the provisions of the Act shall be the property of Government.

Section 44 prohibits dealing in trophy or animal article without licence.

Section 48 A imposes restrictions on transportation of Wild life.

Section 49 B prohibits dealing in trophies, animal articles etc. derived from Scheduled animals.

Section 51 lists the penalties that can be imposed for the violation of different provisions of the Act. The maximum term of punishment is seven years and with a fine of not less than ten thousand rupees for offences concerning animals specified in Schedule I or Part II of Schedule II.

Section 57 presumes that the accused is guilty until the contrary is proved.

Section 58 F empowers an officer conducting an inquiry under Section 58 E to seize or freeze the illegal acquired property

Section 58 I deals with forfeiture of property in certain cases

Cognizance of offences

Section 55 of the Act specifies that no Court shall take cognizance of any offence against this Act except on the complaint of any person other than:

1. The Director of Wild Life Preservation or any other officer authorized in that behalf vide central government, or;

2. The Member Secretary, Central Zoo Authority in matters relating to violation of the provisions of Chapter IV A, or;

3. The Chief Wild Life Warden or any other officer authorized in that behalf by the State Government, subject to such conditions as may be specified by the State Government, or;

4. The Officer in charge of the Zoo in respect of violation of provisions of Section 38 J, or;

5. Any person who has given notice of not less than 60 days in the manner prescribed, of the alleged offence and of his intention to make a complaint to the Central Government or the State Government, or the officer authorized by the respective Governments.

THE FOREST (CONSERVATION) ACT 1980 is made to provide for the conservation of the forests and to check further deforestation.

The Act consists of 5 sections only and the section 2 deals with restriction on the dis-reservation of the forests or use of forest land for non forestry purposes. However, in cases where forest land is required for implementation of a scheme or for mining activity by private person etc., the proposals have to be submitted to the Central Government by the State Government for obtaining their approval or clearance. For examining the proposals received, an Advisory Committee with Director General of Forests as Chair Person and 6 other members is constituted. The Committee recommends the clearance of the project by stipulating certain conditions and the intention of the Government is to keep the forest area intact i.e., exchange of land is permitted but alienation is not permitted.

Minor penalties are proposed in the shape of simple imprisonment for a period, which may extend to 15 days. The procedure for booking offence is not given in the Forest Conservation Rules, and it is stipulated through executive instructions that the contravention has to be reported to the Government of India for taking cognizance. There is hardly any case that has reached the higher Courts where a penalty under this Act has been imposed.

The Act has regulated the utilization of forestland for non forestry purposes mainly by Governmental agencies. The Act is not dealing with the alarming problem of encroachment of forestland.

The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act,2006 is made to recognise and vest the forest rights and occupation in forest land by forest dwelling Scheduled Tribes and other traditional forest dwellers who have been residing in such forests for generations but whose rights could not be recorded, the cut off date being put as 13.12.2005.

8.Forest Adminstration

The following extract from the National Forest Commission Report summarises the present status:

“At National Level -

The set-up dealing with forests and wildlife was separated from the Ministry of Agriculture in 1985 and was constituted as a part of the Ministry of Environment and Forests (MoEF). The Director General of Forests and Special Secretary (DGF & SS) is the chief adviser to the Government on forestry and wildlife matters and discharges all administrative and executive functions delegated to him. MoEF is the cadre controlling authority for the Indian Forest Service. It also operates the central staffing scheme of the MoEF for the IFS for appointments to forestry posts in the Ministry, as well as to forestry institutions on a deputation basis.

There are four zonal offices at Delhi, Kolkata, Mumbai and Chennai under the Director, Wildlife Preservation, i.e. Addl. DGF (WL), for handling matters relating to the Wild Life (Protection) Act, 1972 and CITES and other international conventions to which India is a

party. The Ministry has six regional offices headed by CCFs (except the northern regional office which is headed by a CF) having a mandate to scrutinize proposals for regulation of diversion of forestland for non-forestry purposes under the Forest (Conservation) Act, 1980, and for monitoring and implementation of centrally sponsored schemes. Due to inadequacy of manpower, the regional offices of the MoEF are presently handling matters relating to the Forest (Conservation) Act, 1980, and environment impact assessment

(EIA) of projects. They do not find time for monitoring and evaluation of centrally sponsored schemes being implemented in the States for which funds are released by the MoEF, and which is also the mandate of the regional offices. Presently, some of the

subjects in the Forest and Wildlife Wings are not specifically allotted to any of the divisions i.e. issues relating to service matters of SFS officers, FROs, and other subordinate staff of the SFDs.

The subjects of wetlands, biosphere reserves, mangroves, combating desertification, biodiversity, medicinal plants and animal welfare, although part of forestry and wildlife in the States, are dealt by the Environment Wing of the Ministry.

Budgetary allocation for forests and wildlife at the Government of India level, is inadequate. The technical and support staff is also insufficient. IFS officers selected for posts other than in the Forestry Wing are generally not assigned the jobs for which they are selected

The forest and wildlife sector does not get the priority, focus nor the funds it deserves, in the present dispensation. Indeed, it appears to be a subservient branch of the Environment Wing, within the MoEF. Even subject areas, which should be more appropriately handled

by the Forest and Wildlife Wing, are being dealt with by the Environment Wing.

At State Level – The Forest service structure is broadly similar in the different States, with minor variations to suit specific requirements. In most of the States, the forest organizations broadly structured in two parts, viz., the State Forest Department (SFD), and the Forest

Development Corporation (FDC)

IFS officers are appointed as Managing Directors of the Forest Development Corporations (FDC) and the Forest Department is represented on the board, either by the PCCF or CCF

The Department of Forests and Wildlife in the State is headed by a minister, assisted by a principal secretary (forests and wildlife) who for administrative matters generally acts as a link between the forest department and the political executive. The present forestry

administration and set-up in the States, with a few exceptions, is as follows:

1. Principal Chief Conservator of Forests- Head of the forest department or special assignment/forest development corporation.

2. Addl. Principal Chief Conservator of Forests - Either entrusted with the supervision of two or three wings of the department or entrusted with duties and responsibilities separately like that of a CCF.

3. CCF - Heads a wing of the department like territorial, wildlife, social

forestry, development, planning, Working Plans, research, training, vigilance, JFM, administration, etc. /special assignment.

4. CF - Heads a circle at regional level/non-functional circle/special

assignment.

5. DFOs/ DCFs/ WL Warden /WPO/ Research M&E.

In-charge of a forest division which can be a territorial or a

functional division/special assignment in the department.

6. ACF -Either holds charge of a subdivision or a division or functional

post/assignment.

7. FRO- Heads a forest range/special assignment.

8. Dy.RO- Given special assignment or charge of a block/forest station.

9. Forester -In-charge of a section/block/circle/special assignment.

10. Forest Guard - In-charge of a beat/special assignment.

11. Forest Watchers Generally employed to assist the field staff in protection matters.

The size of the organization in different States/Union Territories is not necessarily proportional to the forest area, but may vary with various types of work to be handled. Protection of forests is a major consideration in deciding the strength of forestry staff. However, the strength of forest staff has not increased to cope with the increasing work load and biotic pressures, and the size of the beat, the lowest protection unit in the department, has remained constant as noted earlier. The number of posts (from PCCF down to Forest Guards) in 1985 was 132,385 and the same in 2004 is about 140, 000, the

increase being mainly at senior levels and its supportive administrative staff.

Even though the problems related to forest protection and management have increased manifold, the strength of the frontline staff that has to actually handle these matters at the

grass root level has not increased. A large number of posts have been abolished under the down–sizing policy of the government, or are lying vacant, with no prospects of their being filled up in the immediate future.

The PCCF’s office mainly confines its role to administration and

Supervision of the subordinate officers. No adequate steps are taken to promote professionalism in the personnel nor to inculcate research or the technical aspects of forestry. There is no dissemination of knowledge pertaining to forestry and forest-related problems, nor an inclination to publish papers or undertake field surveys and data

collection. The unplanned growth of forest administration has in many cases resulted in multiplicity of reporting and control. Such a command system leads to confusion, inefficiency, frustration and conflicts.

The job of each level of functionary is not well defined, particularly of the attached officers and of the posts recently created / re-designated (CCF, Addl. PCCF). The job description of posts given in the old forest codes/manuals cannot hold good today because of changed roles and responsibilities of the Forest Department.

The culture of not staying in headquarters and of avoiding field tours has very much adversely affected forest protection and management activities, and even field officers are frequently not fully familiar with the forests in their charge. This lacuna is further compounded by the frequency of transfers.

Forest administration is distinguished by the following main characteristics.

1. Rigid hierarchical structure

2. Departmental discipline

3. Cohesiveness of organization

4. Centralized planning

5. Centralization of decision making

6. Lack of long-term planning

7. Target-oriented approach

8. One-way communication

9. Inadequate public contact

10.Inadequate interaction with other government departments

The forest personnel undertake perhaps the most onerous task compared to any in the country. They have no help. Everyone in this country wants a share of the forest “pie” and the constituency they are trying to save – the forests – have no voice. There have been

many failures, but the fact remains that there is no personnel in the country better organized or trained to save and manage the nation’s most valued natural resources than the State Forest Departments. Their shortcomings and failures, their professionalism and performance would have to be overcome and improved so that they can discharge their duties much better.

Some of the strengths of the forestry administration are:

1. Well-organized structure
2. Discipline
3. Professional skills
4. Policy and legal framework
5. Scientific approach
6. Capacities to handle varied subjects
7. Employment provider
8. Conservative expenditure

The Constraints in the forestry sector, which need to be overcome, include:

1. Ever increasing pressure (both of human and livestock populations) resulting in

forest degradation

2. Declining forest productivity because of over use and degradation

3. Inadequate investment

4. Inadequate participation of local communities

5. Inadequacies and imbalances in forest policy (unclear goals, JFM, agroforestry etc)

6. Subsidies resulting in wasteful use of forest products

7. Low level of technology input

8. Inadequate research and extension support

9. Lack of private sector participation

10. Lack of proper database.

11. Inadequate training, especially at induction

12. Recruitment policy needs modification

13. Lack of specialization

14. Tenure of postings, short and ad-hoc

15. Lack of political and bureaucratic support

These constraints would have to be addressed while dealing with future forest administration.

Forestry sector has no clear vision and goals. Indeed, there is a National Forest Policy and many States have also prepared their own forest policies and strategies. But these have not always transcended themselves to actions in the field and even the lower levels of the

personnel of the forest departments are unaware of them., and have not been empowered and directed to implement them.

9. Status of forest areas

The strategy adopted by the forest department for protecting forest resources is of policing and persuasion. Patrolling is done by the SFD staff and offences are dealt with in accordance with various enactments, rules and orders. The SFD is generally ill-equipped

to fight against forest offenders. The SFD is required to take protection measures against illicit felling, encroachments, forest fires, grazing in areas closed for regeneration / plantation purposes, poaching of wild animals, illegal quarrying and mining, theft of gene pool material, unauthorized removal of medicinal and aromatic plants, etc.

Protection against illicit fellings and poaching is becoming increasingly difficult. Organized gangs of offenders sometimes use faster means of communication and lethal weapons. The Forest Department (FD) has been following traditional approaches in protecting the forests. A Beat Guard is supposed to patrol his beat for prevention and detection of offences spread over an area ranging from 11 to 200 sq.km. It is noteworthy that while the upper echelons of the FD has had a very sizeable increase in strength over the years, there has been no increase in the overall number of Beat Guards. Apart from protection responsibility, a Beat Guard is required to handle other forestry operations such as nursery and plantation work, construction and maintenance of forest paths, fire lines and boundary pillars, soil and water conservation works, silvicultural operations, arranging

labour, maintenance of muster rolls, etc. The beat guard is ill-equipped to handle all these works. In case of JFM areas, lot of his time is taken by activities relating to community participation. The area of the beat is vast and the beat guard has not been provided with

any means of transport. The protection work consequently suffers. He also has the responsibility of seeking peoples’ co-operation and participation in protection activities. He mainly deals with compounding of offences under the Forest Acts, and has not been

trained to make search, seizure and gather evidence necessary for the prosecution of offences. As a result, a large number of cases fail due to procedural faults and weaknesses.

Likewise, the jurisdictions of other SFD executive staff members senior to the Beat Guard are very large and in the absence of transport facilities, effective forest protection is not

possible. It is not uncommon to find one Forest Guard manning a check-post all the 24 hours without proper facilities for quick communication or of arms to confront organized gangs of offenders. Compared to the magnitude of protection problems and other

responsibilities, the staff and facilities provided at all the levels in forest administration are too meagre and primitive. At times, SFD staff members risk their lives in protecting the forests. There have been several incidences of murder of forest staff by forest offenders.

Staff strength needs to be considerably increased and modern facilities need to be provided to fight forest offenders to ensure effective protection to forests. People’s participation is

essential in protecting forests as there have been few cases of illicit fellings, fire, and encroachments in areas where the people have realised the importance of forests.

The methods of fire control adopted by the SFDs are obsolete and old,

involving cutting and burning of fire lines and beating fires manually. Fire incidences are deliberately under-reported because the staff would be held responsible for the occurrence of fire. The assessment of damage due to fire is not given any importance and, in fact,

knowledge in this regard is also very scanty. The loss due to fires includes destruction of humus including micro-organisms, leaf litter, regeneration, herbs and shrubs, and wildlife, decrease in annual increment, physical burning of felled wood, increased soil desiccation

and resultant increase in soil erosion and run-off, susceptibility to diseases and pests, change of forest community structure, replacement of more valuable tender species by less valuable hardy species etc.

Because of policies which promoted extension of agriculture into new areas including forests and the establishment of large public sector infrastructural projects in the Nehru era, while the area under the management control of Forest Department was increasing, the actual forest cover was receding very fast in the country. Besides loss of forest area due to legal or illegal use of forestland for agricultural

and industrial development purposes, degradation in terms of quality of forests also occurred because of a host of factors including exponentially increasing biotic pressure.

India in the 2003 assessment had 5.13 million ha of forests with over 70 per cent crown density, 33.93 million ha with 40 to 70 per cent density, 28.78 million ha With 10 to 40

per cent crown cover and 4.03 million ha of scrub area.

Changes in Dense Forest Cover in India

Year Dense Forest Cover (million ha)

1972-75 46.72

1980-82 36.14

1985-87 37.85

1987-89 38.50

1989-91 38.56

1991-93 38.58

1995-97 36.73

1997-99 36.72

2000-01 41.68

2001-03 39.05

Whereas the Change in the Recorded Forest Area

(between 1951 and 2001)

Year Recorded Forests(in million ha)

1951 71.80

1961 68.96

1971 74.83

1981 75.00

1991 77.00

2001 76.84

Thus there is hardly any significant change in recorded forest area.

The State of Forest Report of 2009 brought by FSI shows that there is overall gain in forest cover by 728 sq.kms over the assessment of the year 2005. The States showing significant net increase in forest cover are Mizoram(640 sq.km), Manipur( 328 sq.km),Jharkhand(172 sq.km),Meghalaya (116 sq.km) and Orissa(100 sq.km) wheras significant nt decrease in forest cover is seen in Sattes of Nagaland(201 sq.km)Andhra Pradesh (129 sq.km),Arunachal Pradesh(119 sq.kms) Tripura( 100 sq.kms), Assam (66 sq.kms0 and Chattisgarh (59 sq.kms)

10. Forest Institutions

1. Indira Gandhi National Forest Academy, Dehradun

The erstwhile Indian Forest College, Dehradun, established in 1938 to train officers of the superior forest service in India, was upgraded as the Indira Gandhi National Forest Academy (IGNFA) in May 1987, to function as a staff college for the Indian Forest Service (IFS).

The objectives of the Academy is to prepare a cadre of competent forest officers to manage India’s forest resources and serve as an apex institution for capacity building among forestry personnel.

The shortcomings are as follows:

1.Selection of faculty personnel is not appropriate. No special efforts are made to select officers having special aptitude and interest for teaching and training. Teaching requires a special aptitude and a good DFO or CF are not necessarily good teachers.

2. The refresher courses should be a continuous process and data base on all the IFS officers should be maintained by IGNFA and training needs should be accordingly planned.

2.Directorate of Forest Education, Dehra Dun

The Directorate functions independently of ICFRE under direct control of MoEF for conducting trainings to State Forest Officers.

The faculty in the colleges under control of DFE is not adequate as the professionals are not willing to participate in imparting the trainings.

The infrastructure in State Forest Colleges Is not being utililsed to optimum levels due to very low recruitment of State Forest Service officers.

3. Indian Council of Forestry Research and Education,Dehra Dun

ICFRE was established in 1986 and is governed by ICFRE Society and Board of Governors and functions as autonomous Institution. It has eight research Institutes at Dehra Dun, Shimla, Ranchi, Jorhat,Jodhpur, Bangalore and Coimbatore and research centers at Allahabad, Chindwara and Hyderabad.

The vision of the Institute is to assist in efforts to increase the forest cover and enhance forest productivity through operationalising the National Forestry Action Programme and the national Forestry Research Plan

The shortcomings are as follows:

1. Institutes were created to carry out research on particular item of forestry, but now all Institutes have switched over to general forestry topics.
2. Inadequate research staff
3. Inadequate funding for research work
4. Research results are not transferred to field applications
5. The research projects are not prepared in tune with field requirements, thus the utility of research is lost.

4. Indian Institute of Forest Management, Bhopal

The Indian Institute of Forest Management (IIFM), was established as an autonomous Institution in 1982 under the MoEF. The objectives of the Institute are to provide training in management and related subjects to persons and personnel of forest related industries with a view to equip them to practice the profession of forest management, prepare outstanding talented persons for careers leading to management responsibilities in forestry and forest-related systems, to provide up-to-date information on forest management and to carry out research in matters concerning management and in allied techniques and methods conducive to the development of forestry.

Activities of the Institute are governed by the IIFM Society and a Board of Governors (BOG) which oversees planning, administration and financing of the Institute.

The shortcomings are:

1. Senior faculty positions have not been filled for long periods.

2. In the absence of a perspective faculty development plan, promotions of the faculty have not taken place and this is a cause of frustration. Under the guidelines of the Government of India, the posts lying vacant for more than a year are deemed abolished.

3. Due to various administrative problems, the Institute could not sell its expertise and generate resources for its development.

4. The Institute has had to face staff problems and confrontation with the staff union, with indiscipline emanating therefrom.

5. Indian Plywood Industries Research and Training Institute, Bangalore

The Indian Plywood Manufacturers’ Research Association (IPMRA) was formed in 1962 as a co-operative research laboratory under the umbrella of the CSIR, for undertaking applied research on plywood. It was re-designated as Indian Plywood Industries Research Institute (IPIRTI) in 1970. Its administrative control was transferred to the Ministry of Industries in 1978. Recognizing its greater role in conservation of a natural resource, its administrative control was further transferred to the MoEF during 1990.

The activities of the Institute are governed by the IPIRTI Society and there is a Board of Governors which oversees its planning, administration and financing. The Institute is

headed by a Director on deputation for a fixed tenure. The other personnel of the Institute include permanent administrative, technical and scientific staff.

The Institute has been established with the objective to undertake research on all aspects of production of sawn timber, manufacturing of plywood and other allied engineered products.

The shortcomings are:

1.The present infrastructure of the Institute is inadequate and it does not have the stature and wherewithal of an institute of national standard.

2. The Institute lacks a long-term vision and the extent of consultations with the plywood industries about the type of research required by them, seem to be inadequate.

3. The extension of the research work done and the scope and dimensions of the activities being carried out are not adequate.

6 .Wildlife Institute of India, Dehradun

The Wildlife Institute of India (WII) was set up at Dehradun in 1982 and was accorded autonomy in April 1986. It has a mandate to produce a cadre of trained wildlife managers and field biologists who could collect scientific information on wildlife and PAs for their

effective management, and to train personnel at various levels for nature conservation. It advises governments on matters of conservation and management of wildlife resources and

PAs. In more than 20 years of its existence it has trained 756 wildlife managers. Sixty-eight students have done their post graduation in wildlife sciences.

The activities of the Institute are governed by the WII Society and there is a Board of Governors which oversees planning, administration, and financing. The Institute is headed by a Director. The faculty includes both wildlife scientists and IFS officers on deputation.

The shortcomings are:

1. Many positions in the faculty remain vacant for long periods.

2. Much of the research being carried out by the WII does not find field applications.

3. Trainees do not get wildlife postings on their return to the respective States after receiving training.

4. States do not fully utilize the training facilities available at the WII.

5. Despite the mandate, the Institute has not devoted sufficient attention to the crucial matter of reduction of man-animal conflict, especially that pertaining to the development of techniques for capture, translocation and rehabilitation of problem

animals.

6. It has not taken up expected role in overseeing the implementation of Wild Life Act,by creating data base of offences and result of Court cases.

7. Forest Survey of India, Dehradun

The Forest Survey of India (FSI) was created in June 1981 with the objective of monitoring, periodically, the changing situation of land and forest resources and present the data for national planning, for conservation and management of forests and the environment. After a critical review of its activities, the FSI was re-organized during 1986.

The revised objectives of FSI are

1.To prepare a comprehensive State of Forest Report (SFR) including a National Forest Vegetation Map (NFVM) once every two years.

2.To collect, store and retrieve necessary forestry and forestry related data for national and State level planning.

3.To design methodologies for forest surveys and undertake their subsequent updating.

4.To undertake work with regard to preparation of forest inventories in selected States/Union Territories until the establishment of their own resource survey units

5.To impart training in modern forest survey techniques to Foresters at various levels.

6.To advise the States/Union Territories on the design and development of basic and regional national forest inventory systems and

7.To Support and oversee related techniques and inventory work undertaken by the State Forest Departments.

The FSI is headed by a Director with headquarters at DehraDun. It has four zonal offices, each headed by an Additional Director, located at Shimla, Kolkata, Nagpur and Bangalore. The IFS officers are appointed on deputation. One Deputy Director (Statistics) is drawn from the Indian Statistical Service on deputation. Other administrative

and technical staff is appointed on permanent as well as on a deputation basis.

Major functions of each zonal office are to organize fieldwork to collect inventory data, interpretation of aerial photographs and to conduct wood consumption studies. The FSI is directly under the control of the MoEF and funded through regular budgetary provisions.

The Shortcomings are:

1.Field staff in zonal offices is quite inadequate, because of which it is difficult to carry out extensive field verification of the data interpreted through satellite imageries.

2. The satellite imagery can be better interpreted and the upto date information is made into reports than preparing report reports based on old data.

3. It should take initiate and major role in creation of National data base on GIS and MIS.

8. Forestry Institutions at the State Level

Twenty-six State forest Departments are having training schools/academies for imparting induction as well

refresher training courses to the frontline staff (Forest Guards, Foresters and deputy rangers). Four States also have Forest Rangers College transferred by the Government to the respective States, during 1986. The duration of induction courses for Foresters and

Forest Guards varies from State to State (six months to one year). The induction training of the FROs in forest rangers colleges is still being administered by the DFE under the provisions of the ‘Entrance and Training Rules’ for the FROs, revised from time to time.

Some States like Uttar Pradesh, Rajasthan and Andhra Pradesh have forest training institutes/academies which conduct long and short-term refresher courses for officers at various levels and even organize courses sponsored by other agencies. Depending on the

level of the post, the Principals/Directors and faculty are appointed by the State Governments concerned, and which generally do not have fixed tenures.

The shortcomings are:

1.The financial resources available to run these schools/institutes are quite inadequate, which has resulted in poor infrastructure facilities

2. The training imparted is not of a high standard because of the lack of adequate training facilities and appropriate teachers in the schools.

3. Training is being given low priority by the States. Capable and willing officers are not available and are also not posted to manage these institutions, and hence the quality of training suffers.

4. The induction courses are not held regularly and on schedule because of delay in the recruitment process.

5. Adequate attention is not being paid in structuring/reviewing the course contents for the induction as well as refresher courses according to the changing/emerging local needs of the sector.

9. Forest Development Corporations :

Based on the recommendations of the National Commission on Agriculture in 1976 to cater to the needs of forest based industries, to take care of marketing strategies, and to undertake agroforestry, the State Governments established Forest Development Corporations (FDCs) with varying objectives. As on today, 24 States have FDCs. These corporations have been leased forestland by the respective State Forest Departments(SFD) for undertaking commercial plantations. Some FDCs undertake harvesting and marketing operations for the SFDs, while others have diversified into various other fields like ecotourism, raising cash crops, etc.

Most of the FDCs are incurring huge losses. In other cases, they survive financially because they harvest the forest produce, a function which can be carried out by the territorial divisions. Many of them converted forests to monocultures. They have not fulfilled the purpose for which they were created. They have substituted existing forests rather than create or restore forests. They have not extended forestry to non-forest areas, nor have they raised institutional finance and they are also not financially viable in most cases.

The shortcomings are:

1.The FDCs are an outcome of the Forest Policy of 1952 which laid emphasis upon supply of forest material for industry and on the production of timber. This objective and priority has long been given up, with the present Forest Policy of 1988 bearing testimony to the changed approach and attitude. But the FDCs have not adapted themselves to the changed needs of society and are today

anachronisms, which mainly serve the purpose of providing posts for senior forest staff.

2. They have mainly substituted existing forest instead of creating more forests or even restoring existing ones.

3. The corporations are not being managed as commercial organizations and most of them are incurring huge losses. In fact, they function almost like government departments. They are not fulfilling the primary functions they were created for and do not carry out any function which cannot be carried out by the FD itself.

4. There is a considerable amount of political as well as bureaucratic interference in the affairs of the FDCs

10. State Forest Research Institutes

Only seven States namely Kerala, Madhya Pradesh, Uttar Pradesh, Jammu and Kashmir, Karnataka, AP, and Uttaranchal have established their own forest research institutes which carry out research on local specific forestry and wildlife issues as it is not possible for the ICFRE, the apex forestry research organization, to undertake work on these local issues.

In other States, a separate wing within the forest department exists which undertakes small research activities through laying of sample plots, seed orchards, observation plots, etc. In some States, the institutes have been granted partial autonomy whereas in others they are directly under the administrative control of the SFDs. The recruitment of scientific, technical and administrative staff is done by the institutes through different recruitment rules. The heads of the research institutes are appointed by the Government on deputation, which may or may not have fixed tenures.

The shortcomings are:

1.Inadequate financial resources resulting in poor infrastructure in the institutes

2.Because of inadequate finances, the institutes are not able to pursue their research programmes

3. Being a low priority area, the posts in the research institutes/research wings of the SFDs either remain vacant for a long time or are filled with officers who do not have much interest or expertise in research activities.

4. The State Forestry Research Institutes do not have long term research action programmes drawn up according to the needs of the SFDs.

5. The silviculture research wings of the SFDs are poorly equipped to carry out research work.

11.Future Strategy

1. The Indian Forest Act, 1927, needs revamping, taking into account current requirements, namely:

(a) The revised version must give emphasis to the conservation of forestlands and not only forest alone, it must address itself to the ecology, biodiversity and overall significance of forests including grasslands and wetlands and to forests as a biotic community and as a life–supporting factor to the local communities and to the populace downstream.

(b) The term ‘forest’ needs to be defined for the purpose of the Act

(c) Non-timber Forest Products need to be defined.

(d) Bamboo, including ringal and cane must be included in minor forest produce and excluded from ‘tree’, under Sec. 2 of the Indian Forest Act, 1927.

(e) There needs to be greater control over unsustainable biotic pressures - especially over grazing and tendu leaves, sal seed and fuel wood extraction.

(f) Powers of summary eviction of encroachment may be vested with the local Divisional Forest Officer.

(g) Limits of penalties prescribed under the various sections of the Act be raised and there need to be more warrant cases and all offences should be made non-bailable.

(h) The protection of forests should be joint responsibility of Forest, Police and Revenue departments as the protection status depends on the local law and order situation..

(i) Forest officers should be given the power of Executive magistrates and power to confiscate, including of vehicles used for illegal purposes under the Act.

(j) A Central Board for Forestry with adequate functions and powers be set up.

(k) Special provision should be made for protecting Sandal wood, Red Sanders wood

2.Transit rules /regulations should be made to be implemented uniformly across the country.

3. There should be no restriction and regulation on the felling and removal of trees planted on private holdings except certain endangered or valuable species as may be specified.

4. Under the Land Ceiling Act, no land ceiling shall be imposed on land under plantation of forest tree species. This will motivate the corporate sector and big farmers to invest in plantations.

5. As regards saw milling regulations / rules, the state government should assess the demand and supply of wood and grant licences.

6. In respect of the Biological Diversity Act, 2002, no agency has been identified for the implementation of this Act. The implementing agency may be the Forest Department (FD), in coordination with other agencies, in areas under the control of the FD.

7. With respect to the Environment Protection Act, 1986, no agency has been identified for the implementation of this Act at the field level. The Forest department may be considered as an implementing agency for this Act in areas under its control. It may coordinate its efforts with those of other agencies.

8. The Forest Conservation Act, 1980, should be re-examined to include encroachments and the penalty should be enhanced, and the local forest officers should be empowered to book the violation cases.

9. In respect of the Wild Life (Protection) Act, 1972 the list of endangered species in different schedules needs to be periodically

reviewed and the changes may be notified from time to time.

10. The implementation of RoFR Act should be reviewed and the claims should be correlated with satellite imagery of relevant period and after tallying the ground situation the claim should be allowed. The claim should be allowed based on the recommendation of Forest officer supported by the evidence.

11. The implementation and impact of JFM should be assessed and the traditional forestry practices should be revived.

12. The objectives of management for Joint Forest Management (JFM) /Gram Van need to be revised and clearly stated to broadly include restoration and development of degraded forest areas in order to meet demands for fuel wood, fodder and small timber and also to contribute towards poverty alleviation. It must also be clearly understood by all parties that JFM is a social contract and

that benefits and rights would only accrue if the people fulfil their obligations and duties.

13. The assistance of appropriate non-government organisations and Gram Sabhas/ Panchayats, etc., should be taken in the afforestation activity.

14. Tree planting in open areas along railway lines, canals and roads, and other community lands must be undertaken and adequate funds for both tree planting and their maintenance be

provided for by the departments concerned.

15. In Urban areas, on non-forest lands and house holds the tree planting should be made mandatory by promulgating Acts on lines of Andhra Pradesh Water, Land and Trees Act,2002.

16. Management plans need to be prepared for tracts holding substantial natural vegetation and vested with the military, paramilitary and police and the overall authority in charge of management assigned. The effort should be to both preserve as well as propagate natural vegetation and wildlife in so far as these do

not affect the functions of the area.

17. If any forest / habitat linkages with other natural vegetation growth/forest area exist outside of these properties of the army, paramilitary and police, that continuity should be maintained by the authority in charge of that area.

18. Water conservation in forests, deserves special attention and should be an important objective of forest and grassland

management and adequate financial resources should be provided and should form an integral part of every forest working / management plan.

19. The Forest Act and rules there under should provide for regulating areas with tree growth but not under the control of the State Forest Departments and incentives should be provided for retaining tree growth for ecological security. The Government has

an obligation and must play an important role in extending technical advice to them for increasing both tree-cover and productivity.

20. Management plans for coastal and shelterbelt plantations including mangroves should be prepared and enforced through Wild Life Act.

21. The cadre management of IFS including disciplinary powers should be taken over by GOI so that the officers can function and discharge their duties without fear of victimisation by local Government. By doing so vexatious and frivolous action by some local officers due to professional jealousy or other wise can be avoided. The initiation of disciplinary case should be with approval of GOI and GOI should examine the relevancy and nature of irregularity before approving the proposals.

22. The posts on Horticulture, Sericulture, Agriculture, Pollution Control, Medicinal plants, Biodiversity Board etc. should be added to the cadre strength of IFS so that officers can be posted there whenever vacancy arises, rather than deputing them now and then.

23. The Forest, Environment and Wild Life wings in Government should be headed by IFS officer of the rank of Principal Chief Conservator of Forests, as in the case of Police the IPS officer is heading the department in Government as Principal Secretary or Secretary .

24. The Officers should be given time scale promotions but should be retained in cadre posts till higher grade cadre post falls vacant. The promotions should be given to those officers also against whom disciplinary cases are pending, subject to outcome of the cases.

25. In State Forest Service and Subordinate Services, the promotins should be given at periodic intervals and initiation of disciplinary cases should be minimal, except in special situatyions.

26. Proper land records of all lands under control of Forest Department should be prepared and copies should be kept at all levels from Range Office to Head Office to prevent tampering of records. The copies should also be given to local Revenue authorities to prevent irregular assignments by them. The document should be digitally photocopied and preserved.

27. All forest protection staff must have group insurance against death, disease and disability by the state to increase their morale and as a staff welfare measure.

28. In Wild Life cases the Compensation must be paid immediately and without hindrance, and it must be commensurate with the damage caused and there must be transparency in the whole operation. Attempt should be made to have crop insurance against damage by wild animals around major protected areas.

29. The focus of agroforestry must filter down to the tahsil / block levels. While the responsibility in this regard would rest mainly with the agricultural departments and institutions, the forest departments must cooperate and support by providing quality seedlings and technical guidance and by enabling the farmers to freely

harvest, transport and sell their produce. All restrictions on the harvest of trees, transport and sale of timber etc. must be removed.

30. Wood-based industries should also be encouraged to supply

certified quality planting stock to farmers and to enter into buyback arrangements with them for the raw material produced by them. The farmers should be free to sell to the market if they get higher prices.

31. ICFRE (Indian Council of Forest Research and Education) institutes should focus on basic research, and on research relating to national or regional problems which cannot be handled by State Forest Research Institutions (SFRIs), such as genetics and tree breeding, wood science and technology, forest hydrology,

chemistry of forest products and their utilization, bio-pesticides, global warming, biodiversity conservation and management, forest sociology including participatory management, and forest economics. Strong linkage should be ensured between SFRIs, ICFRE institutes and agricultural universities undertaking forestry research in the same State. Networking of scientists working in these research organizations on common problems needs to be done.

32. All the Forestry Institutions should be coordinated and made to work towards improving forest resources at cheaper methods and the Institutes may not duplicate the same work.

33. The outlay on forest research needs to be very substantially enhanced.

34. The Forest Development Corporations (FDCs), in their current mandate and functioning, are redundant. Their existing work can readily be transferred to territorial forest divisions and afforestation wings, if any. Some of the staff of the FDCs may be transferred with the charge. The mandate and role of Forest Development Corporations need to be reviewed and other functions assigned to them.

The Forest Development Corporations should be given the task of extending forestry to grassland/watershed management in government lands outside of forests, as well as to cooperate with agriculture departments in the extension of farm and agroforestry.

35. A separate Department of Forests and Wildlife within the Ministry of Environment and Forests should be created to ensure adequate importance and attention to the management of natural resources. Forestry related subjects of biodiversity, mangroves, wetlands, medicinal plants, forestry issues under climate

change and combating desertification, which are being dealt mostly by the forest departments in the State governments, should be transferred to the proposed new department, from the Environment Wing. This department should also handle coastal development, National Wasteland Development Board and watershed

management in areas having forests, as well as coastal conservation involving the biota. The new department also needs to be given adequate resources to fulfill its duties.

36. For efficient administration and better coordination among the various wings of the State Forest Department, it is necessary to have a single line command. Only the Principal Chief Conservator of Forest (Head of Forest Force) should report to government on policy

issues.

37. The State governments must complete demarcation of forest boundaries, and mutation in revenue records. The process requires financial and technical capacity building of forest settlement offices. A trained team of surveyors be equipped with global positioning system and other technical tools to carry out the process of demarcation. Forest maps should be updated after demarcation and be

incorporated in the working plans.

38. Staff and vehicles of the Forest Departments are requisitioned for non-forestry purposes, the advantage of which is taken by wood and wildlife poachers. Such requisitioning must be avoided.

39. In view of prevalent threats to forests and forest personnel who unlike the police have to function alone or in very small units, the forest field staff need to be armed and need to be given protection under the law in the exercise of their duties, as is given to the police and the paramilitary forces, under section 197 of

the Criminal Procedure Code. They need to be safeguarded against wrongful accusations under the various anti-SC/ST (Scheduled Castes/Scheduled Tribes) atrocities legislations and need to be provided reasonable and just indemnities in fabricated cases.

40. The number of beat guards needs to be substantially increased and a revision of beat areas needs to be done state-wise. No change has been done in this regard since before Independence. Each State needs to appoint a committee to go through the exercise of re-delineating beat boundaries.

41. The field staff is also poorly provided for by way of transport, communication and other facilities required in the better exercise of their duties. A state-wise assessment needs to be carried out and these basic requirements have to be provided to make the field staff more effective for protection work, on a priority basis.

42. The National Forest Commission was of the considered opinion that the Scheduled Tribes (Recognition of Forest Rights) Act would be harmful to the interests of forests and to the ecological security of the country. It would be bad in law and would be in open conflict with the rulings of the Supreme Court. The Tribal Act or RoFR Act should be suitably modified for providing the forest dwelling communities a right to a share from the forest produce on an ecologically sustainable basis and Ministry of Environment and Forests could be asked to do

the needful.