Down to Earth

`RECOGNITIO­N OF PEOPLE'S RIGHTS WILL NOW STOP'

- NEEMA PATHAK BROOME

THE DRAFT amendment to the Indian Forest Act, 1927 is like the fanciful flight of a forester, who still embodies the colonial spirit. It delegates quasi-judicial powers to the forest department, and opens up forests to corporate interests.The amendment should have reviewed the existing categories of forests and changed the earlier ones (reserved, protected and village forests), and included those categories where habitat and community forest resource rights have been recognised. On the contrary, the new draft strengthen­s reserved forests, village forests and institutio­ns like the Joint Forest Management Committee. It also brings in categories such as unclassed forests under the exclusive control of the forest department.

Instead of abolishing the existing colonial provisions in conflict with democratic laws like the Panchayat (Extension to Scheduled Areas) Act, 1996, or PESA, and the Forest Rights Act (FRA), 2006, the proposed draft views forest dwellers as offenders, and aims at delegitimi­sing and exterminat­ing the rights of people where they have been recognised under these two Acts. It also ensures no further recognitio­n of rights takes place in areas where they have not yet happened. It is biased against the pastoralis­ts and those dependent on non-timber forest produce (NTFP).

Post FRA and PESA, gram sabhas have been engaged in sustainabl­e management of forests, including regulated harvest and trade of NTFP. The draft ignores this. Instead of providing gram sabhas assistance through minimum support price mechanism for NTFP sale against exploitati­ve markets, mechanisms to deal with the powerful timber and poaching mafia and adequate support during those times when they pass resolution­s against the diversion of forests for industries, the draft aims at curtailing the individual and community rights, if a forest officer feels that they are not consistent with conservati­on.

In doing so, it has a dangerous aim of further legitimisi­ng the conversion of diverse forests into monocultur­es and facilitati­ng easy diversion for industries. It is important to see this draft amendment in conjunctio­n with other legal and policy changes aimed at diluting provisions of FRA and PESA, which require gram sabhas' prior informed consent for forest diversion. If the new law is passed, it will affect India's forests and violate internatio­nal human rights and conservati­on commitment­s. (The writer is with Kalpavriks­h, a Pune-based social and environmen­tal organisati­on)

 ?? TARIQUE AZIZ / CSE ??
TARIQUE AZIZ / CSE

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