Reference Text
Time Left10:00
Modernising
colonial
era
laws
is
a
long-delayed
project,
but
the
draft
Indian
Forest
Act,
2019
is
woefully
short
of
being
a
transformative
piece
of
legislation.
The
original
law,
the
Indian
Forest
Act,
1927,
is
an
incongruous
relic,
its
provisions
having
been
drafted
to
suit
the
objectives
of
a
colonial
power
that
had
extractive
uses
for
forests
in
mind.
A
new
law
enacted
should
make
a
departure
and
be
aimed
to
expand
India’s
forests,
and
ensure
the
well-being
of
traditional
forest-dwellers
and
biodiversity
in
these
landscapes.
The
need
is
for
a
paradigm
that
encourages
community-led,
scientifically
validated
conservation.
This
is
critical,
for
only
2.99%
of
India’s
geographic
area
is
classified
as
very
dense
forest;
the
rest
of
the
green
cover
of
a
total
of
21.54%
is
nearly
equally
divided
into
open
and
moderately
dense
forest,
according
to
the
State
of
Forest
Report
2017.
The
draft
Bill
reinforces
the
idea
of
bureaucratic
control
of
forests,
providing
immunity
for
actions
such
as
use
of
firearms
by
personnel
to
prevent
an
offence.
The
hardline
policing
approach
is
reflected
in
the
emphasis
on
creating
infrastructure
to
detain
and
transport
the
accused,
and
to
penalise
entire
communities
through
denial
of
access
to
forests
for
offences
by
individuals.
Such
provisions
invariably
affect
poor
inhabitants,
and
run
counter
to
the
empowering
and
egalitarian
goals
that
produced
the
Forest
Rights
Act.
India’s
forests
play
a
key
role
in
moderating
the
lives
of
not
just
the
adivasis
and
other
traditional
dwellers,
but
everyone
in
the
subcontinent,
through
their
impact
on
the
climate
and
monsoons.
Their
health
can
be
improved
only
through
collaboration.
Any
new
forest
law
must,
therefore,
aim
to
reduce
conflicts,
incentivise
tribals
and
stop
diversion
for
non-forest
uses.
This
can
be
achieved
by
recognising
all
suitable
landscapes
as
forests
and
insulating
them
from
commercial
exploitation.
Such
an
approach
requires
a
partnership
with
communities
on
the
one
hand,
and
scientists
on
the
other.
For
decades
now,
the
Forest
Department
has
resisted
independent
scientific
evaluation
of
forest
health
and
biodiversity
conservation
outcomes.
In
parallel,
environmental
policy
has
weakened
public
scrutiny
of
decisions
on
diversion
of
forests
for
destructive
activities
such
as
mining
and
large
dam
construction.
Impact
assessment
reports
have
mostly
been
reduced
to
a
farce,
and
the
public
hearings
process
has
been
diluted.
When
a
new
government
takes
over,
the
entire
issue
should
go
back
to
the
drawing
board.
The
government
needs
to
launch
a
process
of
consultation,
beginning
with
the
State
governments
to
ensure
that
a
progressive
law
is
adopted
by
all
States,
including
those
that
have
their
own
versions
of
the
existing
Act.
The
Centre
must
hear
the
voice
of
all
stakeholders
and
communities,
including
independent
scientific
experts.
Modernising
colonial
era
laws
is
a
long-delayed
project,
but