By – Dr. Sapam Dilipkumar Singh
Assistant Professor
Department of Law, M.U
Human being is a part of nature which is the origin and end in-itself of all beings. The health of nature degenerates because of population growth and other human activities to establish material civilization. International community started responding to the urgent call for conservation environment in the early part of the last quarter of 20th century and undertook various initiatives for in-depth deliberation on the issues relating to conservation of human environment by organizing international conferences in Stockholm and Rio de Janeiro. Forest is one of the important facets of the wide canvas of environment which has no exact definition. Forests harbour most of Earth’s terrestrial biodiversity. The conservation of the world’s biodiversity is thus utterly dependent on the way in which we interact with and use the world’s forests. It is reported that forests provide habitats for 80 percent of amphibian species, 75 percent of bird species and 68 percent of mammal species. However, deforestation and forest degradation continue to take place at alarming rates, which contributes significantly to the ongoing loss of biodiversity. Agricultural expansion continues to be the main driver of deforestation and forest fragmentation and the associated loss of forest biodiversity. The adoption and opening for signature of the Convention on Biological Diversity, 1992(supplemented by the Cartagena Protocol on Bio-safety, 2000 and the Nagoya Protocol on the Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization), and the UN Framework Convention on Climate Change,1992 at the conclusion of Earth Summit have also drawn a legal roadmap for conservation of forest across the globe. The conference on Environment and Development also adopted a non – legally binding authoritative statement of principles for a global consensus on the management, conservation and sustainable development of all types of forest. Principle 1 (a) of the authoritative statement reiterated that State have the sovereign right to exploit their own resources pursuant to their own environmental policies and have the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other states or of areas beyond the limits of national jurisdiction. The principle of permanent sovereignty over natural resources and state responsibility in case of environmental harm cause to another state have also been laid down in various human rights conventions and declarations of the UN. Sovereign and inalienable rights of a state to utilize, manage and develop their forests with their developmental needs and on the basis of national policies consistent with sustainable development and legislation is recognized by the authoritative statement. On top of it, the UN proclaimed the New York Declaration on Forest, 2017 which calls for action to halt global forest loss and comprises ten goals related to the protection and restoration of forest. The United Nations Strategic Plan for Forests 2017-2030 (UNSPF) provides a global framework for actions at all levels to sustainably manage all types of forests and trees outside forests and halt deforestation and forest degradation. The UNSPF also provides a framework for forest-related contributions to the implementation of the 2030 Agenda for Sustainable Development, the Paris Agreement adopted under the UN Framework Convention on Climate Change, the Convention on Biological Diversity, the UN Convention to Combat Desertification, the United Nations Forest Instrument (UNFI), and other international forest-related instruments, processes, commitments and goals.
The constitution of a country is the supreme law of the land and the governance of the country is also carried out in accordance with the provisions of the constitution. The Directive Principle of State Policy contained in the part IV of the constitution of India obligates the state to endeavour to protect and improve environment and to safeguard the forest and wild life of the country. The framers of the constitution could foresee that protection and improvement of environment would have no meaning if its citizens are obligated to protect and improve environment including forests, lakes, rivers, and wild life and to have compassion for living creatures. Apart from the provisions of the Constitution especially article 48A and 51 A(g) the issue related to the protection and conservation of forest through the county was thoroughly discussed by the Supreme Court in T.N. Godvarman Thirumullkpad v. Union of India {(1997) 2 SC 267}. The Court gives general as well as special direction for the State of J&K which includes complete banning on the movement of cut trees and timber from any of the seven North- Eastern States to any other state of the country either by rail, road or waterways. Four specific laws such as the Indian Forest Act, 1927, the Forest Conservation Act, 1980, The Schedule Tribes and Other Traditional Forest Dwellers ( Recognition of Forest Rights) Act, 2006 and The Compensatory Afforestation Fund Act, 2016 were enacted by the Parliament for regulation, protection and conservation of forest in Indian Subcontinent. The Government has also adopted the National Forest Policy, 1988 with the principle aim to ensure environmental stability and maintenance of ecological balance including atmospheric equilibrium which is vital for sustenance of all lifeforms, human, animal and plant. The policy provides that diversion of forest land for any non – forest purpose should be subject to the most careful examinations by specialists from the standpoint of social and environmental costs and benefits. Construction of dams and reservoirs, mining and industrial development and expansion of agriculture should be consistent with needs for conservation of trees and forest.
Nature blessed the state of Manipur with rich biodiversity. It is reported that out of 126 species of bamboos in India, 53 species are found in Manipur. Nearly 1,200 species of medicinal plants are reported from Manipur. The state has 17,418 sq km forest land of which 1,467 sq km is Reserved Forest, 4, 171 sq km is Protected Forest and 11,780 sq km is Unclassified Forests. The Indian Forest Act, 1927 empowered the state government to constitute any forest land or waste land which is the property of Government, or over which the government has proprietary rights, or the whole or any part of the forest – produce of which the government is entitled, a reserved forest. In the same way, the state government is authorized to declare any forest land or west land which is not included in a reserved forest as protected forest. It is reported that in Manipur, during the period 1st January 2015 to 5th Feb. 2019, a total of 263.20 hectares of forest land was diverted for non- forestry purposes under the Forest Conservation Act, 1980.The main reason for loss of forest cover in the state is due to extensive felling of trees for poppy cultivation and other developmental works. It is reported that a total area of 3,015 acres of poppy and 18.51 acres of ganja plantation was destroyed in 2019 alone in Manipur.
Both centre and state have legitimate jurisdiction to enact law and policy for preservation and conservation of forest in India as forest is listed in the Concurrent List of the seventh schedule of the constitution. Many provisions of the Indian Forest Act, 1927 have been amended by various states in order to protect and regulate forest produce in their respective state. However, amendment for the state of Manipur is not found. The colonial law which was enacted much before the merger of Manipur into Indian Union and India’s Independence, has put many limitations on the states in conservation of forest in the sense that a large portion of forest in Manipur are “ unclassified forest” which are under the control of communities. On top of it, the Forest Conservation Act, 1980 provides only restrictions on the power of state regarding de-reservation of forests or use of forest land for non forest purpose. There are four main forest laws in India, however, losing of forest cover area still continue alarmingly in North- Eastern states of India particularly in Manipur. Hence, time has come for deliberation on either state amendment or repealing of the colonial legislation – the Indian Forest Act, 1927 replace with a new Act for effective conservation of Forest in Manipur.
Issue of Forest Conservation in Manipur
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