DECRIMINALISATION OF INDIAN FOREST ACT 1927

The Ministry of Environment, Forest and Climate Change has proposed a public notice for decriminalization of the Indian Forest Act, 1927.

Key points

Ministry is undertaking a review of the act to decriminalize minor sections of the law which include:

• Carrying timber into the forest,
• Trespassing by cattle,
• Felling a tree,
• Felling or damaging a tree is reserved under a special provision of the law,
• Kindling a fire or carrying fire in forest areas.

Amendment proposed

• It focuses on decriminalization if a relatively minor violation of the law takes place.
• Fast resolution through the compounding of relatively smaller offences.
• Reducing compliance burden on the citizens.
• Rationalisation of penalties and preventing harassment of citizens.
• Ministry seek to replace the provision of imprisonment for six months and a fine of Rs 500.
• Section 30 and 26 of the Indian Forest Act,1927 are to be amended
  • Section 30: Fall any tree or drag any timber so as to damage any tree reserved or permit cattle to damage any such tree under section 30 shall be punishable with a fine that may be extended to Rs 500.

The clause of imprisonment up to six months for these offences has been removed

• The penalties will be collected under the Environment Relief Fund and only in the case of non-payment of penalty will the violator be prosecuted.

Power of the Central Government

• The Center does not have any power or jurisprudence to carry out amendments in the Act, as it does not fall under the Central Government as the act was enacted before the parliament has been established.
• The Act is adopted by the states as they feel fit, only Haryana, Punjab, Bengal, Madhya Pradesh and Bihar follow the act. Other states have their own forest act which they follow.

Significance

• It will help to ease the difficulties faced in differentiating between major and minor offences.
• It will also deter habitual offenders from committing more crimes, as at present there is the same level of punishment for both first-time and repeat offenders.

Criticism

• It might go on incentivizing offence, especially that of felling trees which is extremely dangerous.
• It does not clarify and promotes ambiguity whether the Rs 500 fine is the cost of feeling one tree or it is an entire forest can be felled.
• A move by the Centre is an infringement on the right of the states.

Indian forest act 1927

• It set a legal framework for the protection and management of forests, transit of forest produces and timber and duty that can be levied on forest products and timber.
• Indian forest act is the umbrella act which provides the basic architecture for the management of forests in the country.
• The act also includes a mechanism to ensure notification of reserved, protected and village forests, protection of forest resources, forest biodiversity and wildlife of the country.

RED PANDA

An ambitious program has been started by the Padmaja Naidu Himalayan zoological park to release 20 Red Pandas in about five years to the forest.

About Red Panda

• In the world, there are only two different panda species the Giant pandas and the Red pandas.
• The red panda is the state animal of Sikkim.
• India is the home to both subspecies of Panda which is the Himalayan red panda and the Chinese red panda, both found in the forest of India, Nepal, Bhutan, and the northern mountains of Myanmar and Southern China.
• Red pandas are shy, solitary, and arboreal animals and are considered an indicator of ecological change.
• The number of red pandas has been declining in the wild, even in the Singalia and Neora valley National Parks, the two protected areas where the endangered mammal is found in the wild in West Bengal.

Red panda

• IUCN: Endangered
• CITES: Appendix 1
• Wildlife Protection Act 1972: Schedule 1

Giant panda

• IUCN: VULNERABLE
• CITES: APPENDIX 1

PROGRAMME FOR RED PANDA

• Padmaja Naidu Himalayan Zoological Park has started an ambitious initiative to release 20 of these furry mammals in about five years to the forests.
• The Padmaja Naidu park in Darjeeling is one of the high-altitude zoos in the country which has been quite successful in captive breeding of these furry mammals.
• The Pandas will be released in the Singalila National Park, the highest protected area which is situated in West Bengal.

About Singalila National Park

• It is located at Singalila Ridge in the Darjeeling district. It is the highest altitude park in West Bengal. It was initially a wildlife Sanctuary and later converted into a National Park in 1992.

Other national parks of West Bengal are as follows:

• Jalda Para National Park
• Neora Valley National Park
• Sundarbans National Park
• Gorumara National Park
• Buxa National Park and Tiger Reserve

India’s conservation effort for red panda

• Securing the red panda habitat

WWF-India works with local communities to reduce their dependence on fuelwood by introducing them to innovative techniques to meet their energy demands. In Sikkim, more than 200 individuals have been trained in manufacturing bio-briquettes.

• Garnering local support

Local communities are involved in alternate livelihood activities that draw benefits for them, which also support the conservation initiatives.

In Arunachal Pradesh, community-based tourism enables the locals to earn additional income from the tourists coming to see red pandas.

• Mitigating threats to red panda populations

Working with local communities to reduce forest dependence and involving them in conservation efforts addresses the threat of habitat degradation and fragmentation