Forest Governance and Legal Frameworks

Indian Forest Act, 1927

Why Do We Start with the Indian Forest Act, 1927?

Before independence, forests were not seen as ecological assets.

They were seen as:

Sources of timber
Means of revenue
Strategic resources for railways, ships, and infrastructure

The Indian Forest Act was enacted by the British colonial government by consolidating earlier forest laws — especially the Indian Forest Act, 1878.

👉 This Act laid the administrative and legal foundation of forest governance in India, much of which still influences policy today.

Objective and Nature of the IFA 1927

The Act primarily aimed to:

Provide a legal framework for:
- Protection and management of forests
- Levy of duty on timber and forest produce
Establish state control over forests

📌 Important conceptual point:
The Act was not conservation-oriented.
Its central purpose was:

Regulation, control, and taxation of forest produce.

Classification of Forests under IFA 1927

One of the most important contributions of the Act is the classification of forests, based on the degree of protection and state control.

Degree of Protection:

Reserved Forests > Protected Forests > Village Forests

Let us understand each clearly.

Reserved Forests (RF): Maximum State Control

What is a Reserved Forest?

State Government may declare:
- Any forest land or wasteland
- Belonging to the government
  as a Reserved Forest
The State can:
- Control the forest absolutely
- Sell forest produce

Role of the Forest Settlement Officer (FSO)

Before a forest is finally notified as RF:

A Forest Settlement Officer is appointed
The FSO has powers of a Civil Court
Duties include:
- Inquiry into rights of local residents
- Settlement or extinguishment of claims

📌 UPSC Insight:

This process often resulted in:

Curtailment of traditional tribal rights
Conversion of customary use into “illegal activities”

Activities in Reserved Forests

All activities are prohibited
Unless explicitly permitted

👉 Reserved Forests represent the most restrictive forest category.

Protected Forests (PF): Conditional Protection

What is a Protected Forest?

State Government may declare:
- Any forest land or wasteland
- Not included in Reserved Forest
  as a Protected Forest

Types of Protected Forests

Demarcated Protected Forests
Undemarcated Protected Forests

Activities in Protected Forests

All activities are permitted
Unless specifically prohibited

👉 This is the reverse logic of Reserved Forests.

📌 Conceptual Contrast:

RF → “Everything banned unless allowed”
PF → “Everything allowed unless banned”

Village Forests: Limited Community Participation

What is a Village Forest?

State Government may:
- Assign rights over government forest land
- To village communities
These lands are usually carved out of Reserved Forests

Management of Village Forests

The State can:

Frame rules regarding:
- Timber access
- Minor forest produce
- Grazing and pasture

👉 Village Forests were the only space where community involvement was formally recognised — but under strict state supervision.

Amendment Related to Bamboo (2017)

The Indian Forest (Amendment) Act, 2017 made a small but economically significant change.

What Changed?

The definition of “tree” was amended
The word bamboo was removed

Why Is This Important?

Bamboo grown outside forest areas → Can now be → Felled, Transported, Sold → Without government permission

📌 UPSC relevance:

Boosts:
- Agroforestry
- Bamboo-based livelihoods
Reduces:
- Regulatory burden on farmers

Core Criticism of the Indian Forest Act, 1927

This is extremely important for GS Mains.

Colonial Mindset

The Act was designed to:
- Serve British commercial interests
- Supply timber for:
  - Railways
  - Shipbuilding
Forests were treated as:
- Revenue-generating assets

Impact on Tribals and Forest Dwellers

Customary rights were:
- Reduced to “privileges”
- Subject to state discretion
Communities were:
- Criminalised for traditional practices
- Alienated from ancestral forests

📌 Key criticism:

The Act prioritised state revenue over ecological sustainability and social justice.

Why Is IFA 1927 Still Relevant Today?

Despite criticism:

It still governs:
- Forest classification
- Forest offences
- Timber transit rules

But modern forest governance now tries to correct its historical injustice through:
→ Forest Rights Act, 2006
→ Wildlife Protection Act
→ Conservation-focused policies

👉 Understanding IFA 1927 is essential to understand why later reforms were needed.

Forest (Conservation) Act 1980 (FCA, 1980)

Why Was the Forest (Conservation) Act, 1980 Enacted?

After Independence, India witnessed:

Rapid deforestation
Large-scale diversion of forest land for:
- Mining
- Dams
- Industries
- Infrastructure

State governments were freely allowing dereservation of forests.

👉 To stop this unchecked diversion, Parliament enacted the Forest (Conservation) Act.

Core Purpose

Protect forests
Centralise decision-making on forest diversion
Ensure forests are not sacrificed casually for development

Scope of the FCA, 1980

The Act applies to all categories of forests, namely:
➡️Reserved Forests
➡️Protected Forests
➡️Village Forests
➡️Private Forests

📌 Key idea:
The FCA is about land-use change, not forest management.

Salient Features of the FCA, 1980

(a) Restriction on Dereservation (Heart of the Act)

States cannot divert forest land for non-forest purposes without prior approval of the Central Government.

What is “non-Forest Purpose”?

Any use other than afforestation
Includes:
- Horticulture
- Infrastructure
- Mining
- Industry

👉 This single provision made the FCA a powerful conservation law.

(b) Appeal to National Green Tribunal (NGT)

Any aggrieved person can appeal decisions of → State Government, Forest authorities → Before the National Green Tribunal.

📌 This introduced judicial oversight in forest diversion matters.

(c) Advisory Committee

The Central Government can constitute an Advisory Committee.
- This committee later evolved into the Forest Advisory Committee (FAC).

👉 FAC examines proposals for forest diversion on:

Ecological impact
Public interest
Alternatives

(d) Penalties and Rule-Making Power

Violations attract penalties
Central Government empowered to make rules for implementation

1992 Amendment: Limited Flexibility

Allowed certain non-forest activities:
- Without tree cutting, or
- With minimal cutting
  Only with prior Central approval

📌 This amendment tried to balance:

Conservation
Practical developmental needs

The Godavarman Judgement (1996): A Turning Point

The most important judicial intervention came in → T.N. Godavarman Thirumulpad vs Union of India

Supreme Court Observations:

FCA aims to prevent deforestation
Its provisions apply to:
- All forests
- Irrespective of ownership or classification

📌 The Court clarified:

Forest is not just what is notified, but what is forest in the dictionary sense.

👉 This massively expanded the scope of forest protection.

Responsibilities of States after Godavarman

States must:
- Identify forests
- Notify them
Criteria finalised by states:
- Do not require MoEFCC approval

📌 But Central approval remains mandatory for diversion.

Forest (Conservation) Amendment Act, 2023

Also referred to as Van (Sanrakshan) Sanshodhan Adhiniyam, 2023

Why was it amended?

The government stated that the amendment aims to:

Remove ambiguity
Facilitate development
Align forest law with India’s climate commitments

However, as always in environmental governance, every benefit carries a trade-off.

Key Provisions

(a) Objective of the Amendment

The stated objective is to clarify and strengthen the Forest (Conservation) Act, 1980—especially in terms of:
➡️Which lands are covered
➡️Which projects need approval
➡️Which activities are exempted

👉 In simple words: The government wants clearer rules on where forest clearance is required and where it is not.

(b) Scope: Which Forests Are Covered?

The amended law applies to:

Forest land notified under the Indian Forest Act, 1927, or
Land officially recorded as forest after 25 October 1980

❌ It does NOT apply to → Forests converted to non-forest use before 12 December 1996

📌 This date is crucial because it links to a landmark Supreme Court judgment (we will come to this).

(c) Insertion of a Preamble – Why Is This Important?

For the first time, the Act has a Preamble.

It acknowledges India’s commitments to:

Net Zero Emissions by 2070
Nationally Determined Contributions (NDCs) by 2030
Expanding forest cover to one-third of India’s geographical area

👉 Symbolically, this signals that forests are being seen as climate assets, not just land banks.

(d) Major Exemptions Introduced

This is the most debated part of the amendment.

The Act exempts forest land from central clearance for:

Projects within 100 km of international borders (national security)
Forest land along railways or public roads
Up to 10 hectares for security infrastructure and afforestation-related works

📌 Translation: Strategic and linear projects get a fast-track route, especially in border regions.

(e) Leasing of Forest Land

State governments cannot lease forest land to private or non-government entities
Prior approval of the Central Government is mandatory

👉 This increases central control over forests.

(f) Expansion of Permitted Activities

Newly permitted activities include:

Check posts, fencing, bridges
Zoos and safaris under the Wildlife (Protection) Act
Eco-tourism facilities
Silvicultural operations (to enhance forest growth)

Also, de-reservation of forests is allowed with central approval.

(g) Implementation Powers

The Central Government can issue binding directions to:
→ State governments
→ UTs
→ Recognised authorities

📌 This again raises federal concerns.

What Are the Claimed Benefits?

Let us understand the government’s rationale.

(a) Clarity on Forest Definition

Resolves confusion around “deemed forests”
Limits FCA applicability to notified and recorded forests

(b) Climate Change Mitigation

Promotes afforestation
Supports carbon neutrality goals
Aligns domestic law with global commitments

(c) Development Facilitation

Removes certain forest areas from strict legal control
Speeds up infrastructure and economic projects

(d) National Security

Border-area exemptions help build roads, railways, and defence infrastructure quickly

(e) Compensatory Afforestation

Encourages private participation in afforestation activities

(f) Livelihood Generation

Eco-tourism and wildlife-related activities may create local employment

What is Community Forest Resource (CFR)?

Community Forest Resource (CFR) is recognised under the Forest Rights Act.

What does CFR mean?

It refers to:

Common forest land traditionally protected and used by a community
Includes reserve forests, protected forests, and customary forests

Rights under CFR:

Communities can:

Manage and conserve forests
Frame rules for sustainable use
Protect livelihoods and biodiversity together

👉 CFR represents grassroots environmental governance.

Impact on Indigenous and Tribal Communities

This is where concerns intensify.

(a) Dilution of Rights

The amendment removes the requirement of prior consent of Gram Sabhas
This weakens CFR and traditional forest rights

(b) Corporate-led Eco-tourism

May displace traditional livelihoods
Risks cultural erosion due to mass tourism

(c) Land Use Changes

Infrastructure projects may disrupt:
- Livelihoods
- Sacred landscapes
- Cultural practices

(d) Ground-Level Impacts

Reported impacts in:

Mendha–Lekha (Maharashtra)
Loyendi (Odisha)
Malakkappara (Kerala)

(e) Limited Community Consultation

Decisions may be taken without meaningful participation of indigenous people.

(f) Displacement Risks

Linear projects can physically displace communities from ancestral lands.

Other Critical Issues with the Amendment

(a) Human–Animal Conflict

The amendment does not address increasing conflicts between wildlife and humans.

(b) Supreme Court Judgment Conflict

The amendment contradicts the 1996 Godavarman judgment of the Supreme Court of India, which held:

All forests, regardless of ownership or notification, are protected

⚠️ This could place 20–25% of India’s forests outside legal protection.