6.3 Indian Forest Act, 1927 & Wildlife Protection Act, 1972

Indian Forest Act, 1927:

• This Act recognizes forest dwellers’ rights and makes conservation more accountable.
• The Act basically does two things:

1.   Grants legal recognition to the rights of traditional forest dwelling communities, partially correcting the injustice caused by the forest laws, and

2.   Makes a beginning towards giving communities and the public a voice in forest and wildlife conservation.

• The law recognises three types of rights:
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1.   Land Rights: Land rights are given to people, who have been cultivating land prior to December, 13, 2005.

2.   Use Rights: The law provides for rights to use and/or collect the minor forest produce things like tendu patta, herbs, medicinal plants etc “that has been traditionally collected, use of grazing grounds and water bodies and use of traditional areas by nomadic or pastoralist communities i.e. communities that move with their herds, as opposed to practicing settled agriculture.

3.   Right to Protect and Conserve: The law gives rights to protect and manage the forests to people of village communities.

• The Act also categorises forests into three categories:
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1.   Reserve forest: These forests are the most restricted forests and may be constituted by the State Government on any forest land or waste land which is the property of the Government or on which the Government has proprietary rights. In reserved forests, most uses by local people are prohibited, unless specifically allowed by a Forest Officer in the course of settlement.

2.   Protected forest: The State Government is empowered to constitute any land other than reserved forests as protected forests over which the Government has proprietary rights. Under ‘Protected Forests’, the Government retains the power to issue rules regarding the use of such forests and retains the power to reserve the specific tree species in the protected forests. This power has been used to establish State control over trees, whose timber, fruit or other non-wood products have revenue-raising potential.

3.   Village forest: ‘Village forests’ are the one in which the State Government may assign to ‘any village community the rights of Government to or over any land which has been constituted a reserved forest’.

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Wildlife Protection Act, 1972

Wildlife Protection Act, 1972 (with Amendment Acts of 2003 and 2006):

• The act provides for the protection of wild animals, birds and plants and matters connected with them, with a view to ensure the ecological and environmental security of India.
• Extends to the whole of India, except the State of Jammu and Kashmir which has its own wildlife act
• It provides for prohibition on use of animal traps except under certain circumstances
• It provides for protection of hunting rights of the Scheduled Tribes in Andaman and Nicobar Islands
• Has provisions for the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)
• It has six schedules which give varying degrees of protection

·         Species listed in Schedule I and part II of Schedule II get absolute protection — offences under these are prescribed the highest penalties

·         Species listed in Schedule III and Schedule IV are also protected, but the penalties are much lower

·         Schedule V includes the animals which may be hunted

·         The plants in Schedule VI are prohibited from cultivation and planting

• The act constitutes a National Board for Wildlife that

·         provides guidelines for framing policies and advising Central and State Government on promotion of wildlife conservation and controlling poaching and illegal trade of wildlife and its products;

·         Making recommendations for setting up and managing national parks, sanctuaries and other protected areas; and

·         Suggesting measures for improvement of wildlife conservation.

• It also sets up National Tiger Conservation Authority.
• The acts sets up various provisions related to trade and penalties for hunting the animals in wild.
• Five kinds of protected areas can be notified in the Act. These are:

·         Sanctuaries: The State or Central Government may by notification declare its intention to constitute any area as a sanctuary for protecting wildlife and the environment. The government determines the nature and extent of rights of persons in or over the land within the sanctuary.

·         National Parks:

·         The State or Central Government may declare an area, whether inside a sanctuary or not, as a national park for the purpose of protecting and developing wildlife and its environment.

·         The State Government cannot alter the boundaries of a national park except on the recommendation of the National Board for Wildlife.

·         No grazing is allowed inside a national park.

·         All provisions applicable to a sanctuary are also applicable to a national park.

·         Conservation Reserves: The State Government after consultations with local communities can declare any area owned by the Government, particularly areas adjacent to national parks or sanctuaries, as conservation reserves. The government constitutes a Conservation Reserve Management Committee to manage and conserve the conservation reserve.

·         Community Reserves: The State Government can, in consultation with the community or an individual who have volunteered to conserve wildlife, declare any private or community land as community reserve. A Community Reserve Management Committee shall be constituted by State Government for conserving and managing the reserve.

·         Tiger Reserve: These areas were reserved for protection tiger in the country. The State Government on the recommendation of the Tiger Conservation Authority may notify an area as a tiger reserve, for which it has to prepare a Tiger Conservation Plan.
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Environment (Protection) Act 1986

• Aims to provide for the protection and improvement of environment
• It describes rules to regulate environmental pollution, laying down procedures and standards for industrial waste, emissions, hazardous waste etc.
• Besides, it deals with the prevention, control and abatement of environmental pollution.