Historical Development of Indian Forest Act, 1927

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This Article is written by Pragaas Kaur Chugh a student of IILM Law School currently intern under legal Vidhiya.

Introduction:

The connection between humans and the environment has changed over time. Man’s insatiable craving for resources and his ambition to conquer nature has resulted in a conflict with the environment. The phases of environment protection have dated from the time of Vedas, Upanishads, Puranas and other scriptures of Hindu religion to emperor Ashoka.

The Indian Forest Act 1927 is a comprehensive legislation that aims to protect and conserve forests in India. It also focuses on regulating the use of forest produce and protecting wildlife. This act was passed by the British Parliament on 18th April 1927, with an objective to regulate the use of land for cultivation or other purposes by private individuals/companies, who were exploiting forest areas for their own benefit without paying any royalty or tax to government authorities. The Act was also intended to promote scientific forestry practices and to conserve wildlife.

The Act was divided into several parts, which dealt with different aspects of forest management. The first part of the Act dealt with the definition of forests and their classification. The Act defined forests as “any land which is occupied by trees and shrubs of any kind, whether indigenous or exotic, and whether the land is or is not enclosed.” The Act also classified forests into three categories – reserved forests, protected forests, and village forests.

Reserved forests were the forests that were designated for the purpose of conservation and were managed by the government. Protected forests were the forests that were managed by the government but were also used by local communities for their livelihood. Village forests were the forests that were managed by the local communities themselves. The Act also laid down provisions for the use of forest resources. The Act provided for the issuance of licenses for the felling of trees and the collection of forest produce. The Act also regulated the use of forest land for agricultural purposes and prohibited the grazing of cattle in reserved forests.

The Act also provided for the appointment of Forest Officers and the establishment of Forest Departments. The Forest Officers were responsible for the implementation of the Act and the management of forests. The Act also provided for the establishment of Forest Courts to adjudicate disputes related to forests.

Objective:

The main objective behind the creation of environmental law is to protect the nature’s gift to men and women such as water, air, earth, and atmosphere from various types of pollution. Environment law derive its essence from various other sciences like biology, ecology, economics, political science, psychology, and public administration. The principal sources of environmental law are Constitution, Statutes, delegated legislation, judicial precedents, reports of committees and conferences. The close relationship of environmental law with Constitution law is seen in the judicial interpretation where right to live includes the right to clean and healthy environment. However, environmental law has its closest relationship with administrative law. The consent granting mechanism in pollution control laws, environmental management through delegated legislation, the need to consider valid criteria before making decision on environment are one of the aspects of environmental law.

Historical Development

Pre-colonial period:

The act was amended several times since its inception, but its main objective has remained unchanged. The history of this legislation dates to 1864 when an act called ‘Forest Regulation’ was passed by British Parliament which gave powers to local authorities for protecting forests from trespassers and unauthorized cutting down of trees without permission from government officials. This law did not have much impact on its implementation due to lack of funds needed for its enforcement at that time, so it was not implemented properly. These legislations served only as a veil to conceal the imperialist policies under which the Britishers exploited the natural resources of its colonies. The forest areas were exploited to draw timber for shipbuilding, iron-smelting, and farming. Various belts like the sub-Himalayan forests of Garhwal and Kumaon were declared as ‘Protected’ forests under the proprietorship of the British Government. The Protected Forests under British power was a means to expand state and exploit Indian colony.

In 1865, the Forest Act was passed which was later revised in 1878. In the 1870s there came another law called ‘Indian Forest Act’ came into force making laws related with protection of forests more effective than before because now there were provisions made available under this new legislation as well as penalties imposed upon those who violated rules laid down therein including imprisonment up-to 6 months along with fines ranging between Rs 50 – 500 depending upon severity level committed by offender(s). The legislation covered most of the Indian territories and expanded the powers of the British Government by providing for ‘Reserved Forests’. The Forest Act of 1878 was a significant event in the history of Indian forestry, as it introduced the division of forests into Reserve, Protected, and Village Forests. This act also reinforced the concept of centralized power. The British Government’s first Forest Policy was declared through a resolution on October 19, 1884. The Forest Act of 1927 was later implemented to enforce this policy. However, the management and policy of forests has been a contentious issue since the establishment of the Forest Department and related legislation by the British in the 19th century. In 1862, Governor-General Dalhousie had called for the creation of a department to ensure a consistent supply of timber for various railway companies’ sleepers.

It is one of the most important legislations in India related to forest conservation and management. However, there are several other forest acts in India as well, which have been enacted at different times to address various aspects of forest management. In this essay, we will compare the Indian Forest Act 1927 with some of the other major forest acts in India.

Historical Development:

Post-Colonial:

There were mainly three forest policies after Indian independence. Firstly, the Indian Forest Policy, 1952 was a simple extension of colonial forest policy. This policy withdrew the concessions of release of forest land for cultivation. Indian Forest Policy, 1988 is the second forest policy after independence of India and first forest policy which recognized the role of local people in forest protection and management of forests for achieving improvements in community livelihood. The National Forest Policy in 1988 made a very significant and categorical shift from commercial concerns to focus on the ecological role of the forests and participatory management.

The Forest Conservation Act was amended in 1988 to strengthen the legislative framework required for conservation of forests and its resources. The Act also enshrined offences by the Authorities and Government Departments. Finally, the Forest Rights Act, 2006 to recognise and vest the forest rights and occupation in forest land and in forest dwelling Scheduled Tribes and other traditional forest dwellers that have been residing in such forests for generations but whose right could not be recorded.

The Act was supposed to redress the “historical injustice” committed against forest dwellers, while including provisions for making conservation more effective and more transparent. According to the Act, any Forest-officer or Police-officer without orders from a Magistrate and without a warrant, arrest any person against whom a reasonable suspicion exists of his having been concerned in any forest-offence punishable with imprisonment for one month or upwards. Every Forest-Officer and Police-Officer shall prevent, and may interfere for the purpose of preventing, the commission of any forest-offence.

Role of State and Central Government:

Unlike the 1878 Act, the 1927 Act did not refer to rights of various communities over forests, rather the communities/individuals were expected to claim their right over a particular forest land before the Forest Settlement Officer. The officer may conduct appropriate enquiry against such claim. Special provisions have been included to control the shifting cultivation. The practise of shifting cultivation is subject to satisfaction of the Forest Settlement Officer who upon recording the claims, informed the State Government regarding the possibility of the same.

Section three of the Act empowers the State Government to constitute/declare any forest land as Reserved Forest by issuing notification. Once a forest is declared as a reserved forest, the State Government has the proprietary right over that area and community rights over that area, which existed before such notification, shall be extinguished.

There are three steps in the process of to declare a forest as Reserved Forest. State government shall issue a notification which shall declare the intention of government to constitute an area as reserved forest, specifying the limits of that area and appoint the Forest Settlement Officer (FSO) to redress then queries of various persons. FSO is obliged to inquire into the claims made by the individuals and if any claim exists in the government record, then such must be settled as mentioned in section six and seven.

The State Government shall specify the limits of the forest which is to be Reserved in accordance with the boundary-marks erected or otherwise. Publish a notification in the Official Gazette. The same is declared to be reserved from a date fixed by a notification in the Official Gazette, after satisfying all the conditions mentioned in Section 20.

State Government establishes Village Forests by assigning rights to a village community over any land constituting a reserved forest. All the provisions of the Act relating to reserved forests, so far as they are not inconsistent with the rules so made applies to village-forests. The State Government is empowered to declare any forestland or wasteland which is not included in a reserved forest but over which the government has proprietary rights or has right over any part of forest produce, as protected forest. The government should survey about the rights and claims of private individuals in the forest area which is under consideration and only after the settlement of such claims can be declared as protected forest.

The Act under Section 39 authorizes the Central Government to levy a duty on all timber or other forest produce which is produced in the territorial jurisdiction of this Act. The Act also empowers the State Government to have control over all rivers and their banks as regards the floating of timber, as well as the control of all timber and other forest-produce in transit by land or water and makes rules and regulations in that regard as mentioned in Section 41.

Comparison with other Acts:

The Forest (Conservation) Act, 1980:

The Forest (Conservation) Act, 1980 is another important legislation related to the protection and conservation of forests in India. This act was enacted to regulate the diversion of forest land for non-forest purposes. It empowers the central government to restrict the diversion of forest land for non-forest purposes unless it is deemed to be necessary. The act also provides for penalties for non-compliance with its provisions. A major difference between the Indian Forest Act 1927 and the Forest Conservation Act 1980 is that the latter focuses on the conservation of forests, while the former deals with the regulation of forest produce and wildlife. The Forest Conservation Act 1980 is more specific in its scope, while the Indian Forest Act 1927 is broader in its coverage.

The Wildlife Protection Act, 1972

The Wildlife Protection Act, 1972 is another important legislation related to forest conservation in India. This act provides for the protection of wild animals and plants, and prohibits their hunting, poaching and trade. The act also provides for the establishment of national parks, wildlife sanctuaries and other protected areas for the conservation of wildlife. The Indian Forest Act 1927 and the Wildlife Protection Act 1972 have some similarities in their objectives, as both aim to protect wildlife and regulate their conservation. However, the Wildlife Protection Act 1972 is more specific in its focus on wildlife, while the Indian Forest Act 1927 deals with a broader range of issues related to forest management.

The National Forest Policy, 1988

The National Forest Policy, 1988 is a policy document that provides guidance and direction to the central and state governments in India for the management and conservation of forests. This policy aims to achieve a balance between the conservation and utilization of forests and provides for the participation of local communities in forest management.

The Indian Forest Act 1927 and the National Forest Policy 1988 are both important documents related to forest management in India. However, the National Forest Policy 1988 is a policy document and not a legislation, and therefore does not have the same legal backing as the Indian Forest Act 1927.

Conclusion:

In conclusion, the Indian Forest Act 1927 is a comprehensive legislation that addresses several aspects of forest management, including the regulation of forest produce and wildlife. But at the same time, it needs an amendment. There has been failure of Courts of law to interpret the language of the provisions within the legislation in a manner that makes it adaptable to the law in the post-colonial period. Also, there are several other important forest acts and policies in India as well, which have their own specific objectives and focus areas. These acts and policies work together to provide a framework for the management and conservation of forests in India.

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