< General Studies Home Page

Content

• Institutions
• Compensatory Afforestation
• Compensatory Afforestation Fund Act, 2016
• Protection of Plant Varieties and Farmers RIghts Act, 2001
• The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of FOrest Rights) Act, 2006
• Other National Efforts
• International Efforts
• Major Policies, Programs, Projects

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1. INSTITUTIONS

1) NATIONAL GREEN TRIBUNAL (NGT)

• National Green Tribunal Act, 2010
  • An act to provide for the establishment of a National Green Tribunal for the effective and expeditious disposal of cases relating to environment protection and conservation of forests and other natural resources including enforcement of any legal right relating to environment and giving relief and compensation for damages to persons and property and for matters connected therewith or incident thereto.
• It is expected to provide speedy environmental justice and help reduce burden of litigation in higher courts.
  • The tribunal is mandated to make and endeavour for disposal of applications or appeals finally within 6 months of filling of the same.
• Other Facts Useful for Pre
  • Branches: The Principle Bench of the NGT has been established in the National Capital – with regional benches in Pune, Bhopal, Chennai and Kolkata.
  • Chairperson of NGT is a retired judge of the SC.
  • Other Judicial Members are retired judge of the High Courts.
  • Each Bench -> At least 1 judicial member and one expert member
    • Expert Members should have a professional qualification and a minimum of 15 years of experience in the field of environment/forest conservation and related subjects.
• Powers
  • The NGT has the power to hear all civil cases relating to environmental issues and questions that are linked to the implementation of laws listed in Schedule I of the NGT Act. These include the following:
    1. The Water (Prevention and Control of Pollution) Act, 1974;
    2. The Water (Prevention and Control of Pollution) Cess Act, 1977;
    3. The Forest (Conservation) Act, 1980;
    4. The Air (Prevention and Control of Pollution) Act, 1981;
    5. The Environment (Protection) Act, 1986;
    6. The Public Liability Insurance Act, 1991;
    7. The Biological Diversity Act, 2002.
  • This means that any violations pertaining to these acts only, or any other decisions order taken by government under these laws can be challenged before NGT.
• Important Note: The NGT has not been vested with powers to hear any matter relating to the Wildlife (Protection) Act, 1972, the Indian Forest Act, 1927 and various laws enacted by States relating to forests, tree preservation etc. Therefore, specific and substantial issues related to these laws cannot be raised before the NGT. You will have to approach the State High Court or the Supreme Court through a Writ Petition (PIL) or file an original suit before an appropriate civil judge of the Taluk.
• Principles of Justice adopted by NGT
  • The tribunal not guided by the Code of Civil Procedure, 1908, but shall be guided by principal of natural justice.
  • Further, the NGT is not bound by rules and evidence enshrined in the Indian Evidence Act, 1872.
    • This ensures that it will be relatively easier for conservation groups to show facts and figures before the NGT.
  • Review Appeal can be made to NGT
  • If the review appeal fails, the NGT order can be challenged before the Supreme Court within ninety days.

2. COMPENSATORY AFFORESTATION

• ­Introduction
  • Forest land can be diverted for non-forest developmental activities like infrastructural project with approval of state and central government. For this diversion afforestation must be done as compensation for diversion of forest and is called compensatory afforestation.
  • Compensation must be paid for loss of forest, including for loss of ecosystem and biodiversity i.e., both tangible and intangible losses. The total valuation of this is called Net Present Value. This cost has to be borne by agency responsible for diversion of the state land.
  • In India, according to the Forest Conservation Act, 1980, and the rules and guidelines formed under it, in case of diversion of forest land for non-forestry purposes.
    • The equivalent non-forest land has to be identified for compensatory afforestation.
    • Funds for raising compulsory afforestation has to be imposed.
    • For certain activities additional conditions are imposed.
      • For e.g. in case forest land is being converted for mining purposes – additional conditions like maintaining a safety zone area, fencing and regeneration etc are stipulated.
• MoEFCC is the nodal agency
  • Application for clearance (land conversion) must be made to MoEF&CC through the concerned forest department of the state government.
    • The application/proposal should include details of non-forest/degraded forest identified for afforestation purposes, year wise phased targets, species to be planted and a suitability certificate from afforestation/ management point of view.
  • If clearance is given, the compensation for the lost forest land is also decided by Ministry and regulators.
• Criteria for identifying non-forest land for compensatory afforestation.
  • It should be identified contiguous to or in proximity of reserved forest or protected forest.
  • In case the non-forest land is not available in the same district then it should be identified within the same state/UT.
  • If land is unavailable in entire state, funds for raising the CA in double the area in extent of forest land diverted need to be provided by the user agency. And this non-availability of the suitable non-forest land for CA in the state/UT would be accepted by central government only on the certificate of Chief Secretary to the state/UT.
• Who implements afforestation and development work?
  • After receipt of the money, State Forest department is to accomplish the afforestation for which money is deposited in the Compensatory afforestation fund within a period of one year or two growing seasons.
• How many saplings have to be planted?
  • In Raghunath Jha vs Ministry of Urban Development Judgment, the National Green Tribunal said that permission to cut tree can be obtained only on the condition that “if any tree is fell or permitted to cut in place thereof at least, 10 trees shall be planted.
• Advantages of Compensatory afforestation
  • Balances development with environmental requirements
  • Can help in increasing the tree cover as the compensatory forestation is larger than the fell tree

3. COMPENSATORY AFFORESTATION FUND ACT, 2016

1) BACKGROUND: FORMATION OF CAMPA (COMPENSATORY AFFORESATION FUND MANAGEMENT AND PLANNING AUTHORITY)

• Background
  • In July 2009, the Supreme Court of India issued orders for the formation of CAMPA (Compensatory Afforestation Fun Management and Planning Authority) as National Advisory Council under the chairmanship of Union Minister of Environment and Forest for monitoring, technical assistance and evaluation of compensatory afforestation activities.
• Objectives of CAMPA
  • Promote afforestation and regeneration activities as a way of compensating for forest land diverted to non-forest uses.
  • National CAMPA Advisory Council has been established as per the orders of the Hon’ble Supreme Court with following mandates
    • Lay down broad guidelines for state CAMPA
    • Facilitate scientific, technological, and other assistance that may be required by state CAMPA
    • Make recommendations to state CAMPA based on their plans and programmes
    • Provide a mechanism to state CAMPA to resolve issues of an inter-state or Center-state character.
  • State CAMPA
    • Would receive the funds
    • Administer the amount received from Adhoc CAMPA and utilize the funds collected for undertaking compensatory afforestation, assisted natural generation, conservation and protection of forests, infrastructural development, wildlife conservation and protection and other related activities.
    • Would provide an integral framework for utilizing multiple sources of funding and activities relating to protection and management of forests and wildlife
    • In sum, the prime task of State CAMPA would be regenerating natural forests and building up institution engaged in the task in the state forest department.

2) COMPENSATORY AFFORESTATION FUND ACT, 2016

• Main Provisions of the Act
  • Statutory Backing to Funds and Authorities
    • The act provides legal backing to centre and state funds and regulate how this money will be utilized
    • The funds would be created under Public Account of India and Public Account of State respectively
  • What kind of payment would come into fund?
    • Payment for compensatory afforestation
    • Payment for loss of forest ecosystem (Net present value)
    • Payment for violation and diversion of forest land guidelines
    • Additional payment for specific projects.
  • How the funds will split between centre and state
    • The state would get bulk of the money (90%) and 10% would go to centre.
    • The funds will go to Public account of State and Centre.
      • This will bring these funds within the overall oversight and control of parliament and state legislatures.
  • How the money would be utilized
    • State funds
      • Compensatory afforestation
      • Regeneration of forests
      • Infrastructure developmen
      • Forest and wildlife protection
    • National Fund
      • Monitoring purposes and approved schemes of forestry and wildlife
  • How the fund will manage
    • National CAMPA
      • Core committee responsible for broader policy and day to day working
      • Specific group of experts from environment, science, economics and other fields responsible for monitoring
    • State CAMPAs
      • Responsible for managing state level funds
  • Auditing
    • The act also provides for annual audit of the account by CAG.
• Expected Impact
  • End of era of Ad Hocism
    • The statutory authorities at centre and state levels.
  • Expeditious Utilization
  • Employment Generation in backward and tribal areas:
  • Increase availability of timber and other forest products:
  • Improving quality of forest
• MoEF&CC Modifies Compensatory Afforestation Rules for ease of business (May 2019)
  • States with over 75% forest cover looking to divert forest land for non-forestry projects, can now carry out compensatory afforestation in other states.
    • It will promote ease of business and will give a push to projects stuck for want of non-forest land.

4. PROTECTION OF PLANT VARIETIES AND FARMERS RIGHTS ACT, 2001

• Need of the law:
  • Encourage plant breeding activities so that new varieties could be developed. Attract more investment in biotechnology.
  • Protect farmers’ rights and interests.
  • Fulfilling the mandate of TRIPS:
    • Article 27.3(b) says that members may exclude plants from patentability – but requires protection for plant varieties in the form of an effective ‘su-generis system’ or through patents or both.
  • Fulfilling mandates of International Agreements like UPOV (International Union for Protection of Plant Varieties)
    • UPOV- International Union for the Protection of New Varieties of Plants
    • India has initiated the process of joining UPOV, but still not a member. India doesn’t follow UPOV and has its own su-generis system.
  • Patent Act, 1970 excluded agriculture and horticulture methods of production from patentability.
• About the Act
  • The law was enacted in 2001 to grant IPRs to plant breeders, researchers and farmers who develop any new or extant plant varieties i.e., it has granted rights and protection to all three pillars of agriculture sector.
• Objectives:
  • Simulate investment for R&D – both in public and private sector towards development of new plant varieties.
  • Facilitate growth of seed industry in the country by making available high-quality seeds and planting material in the country.
  • Recognize the role of farmers as cultivators and conservers and contribution of traditional, rural, and urban tribal communities to the country’s agro-biodiversity by rewarding them for their contribution through benefit sharing and protecting the traditional right of the farmers.
• Key Provisions
  • Varieties which are open for registration – Novel Variety, Extant Variety, Farmer’s variety, essentially derived varities.
    • Criterias to be satisfied for registration – a variety should be new, distinct, uniform, and stable.
    • The IPR granted is a dual right – one is for the variety and the other is for denomination assigned to it by the breeder.
  • Rights of Farmer’s:
    • Entitled to save, use, sow, re-sow, exchange or sell his farm produce.
      • But farmers can’t sell the branded seed of the variety protected under the act.
    • Farmer’s right to register traditional varieties
      • The act allows the registration of traditional or farmers’ variety. Farmer can get Plant breeder rights and the act allows exclusive legal right to PBR-holding farmers.
      • Note: in case of registration of a traditional variety, it is important to involve all communities associated with its conservation. Similarly, in case of farmers’ variety, it is important to recognize spousal contribution under joint ownership.
      • Exemption form Payment of fee either for registration or renewal of registration.
    • Farmers right for Reward and Recognition.
      • As per the act, a National Gene Fund is to be created to facilitate reward and recognition to eligible individual farmers and communities. This recognizes farmers who have been contributing in conservation of varietal wealth of crop plants.
    • Farmers right of benefit sharing
      • The act provides for equitable sharing of the benefit earned from the new variety with farming or tribal communities that had contributed varieties used as parameters. The benefit share may be reimbursed from the National Gene Fund.
    • Farmer’s right to get compensation for the loss suffered from the registered varieties
    • Farmer’s right to receive Compensation for undisclosed use of traditional varities
      • If the breeder uses Farmers’ variety as source material
    • Farmer’s right for the Seeds of Registered Varieties
      • Seeds of registered varieties should be available to farmers at affordable prices. If this doesn’t happen within three years of registration, the farmer can raise the matter with PPVFR -Authority.
    • Protection against innocent infringement.
      • This protection is only available for the first offence and the farmer is punishable for subsequent offences
  • Rights of Breeders
    • Right tor Production, Sale, Marketing, Distribution, Export and Import
    • Penalties for infringement of Breeder’s Right.
  • Rights of Researchers
    • Use of registered variety for conducting experiment, as initial source for creating new varieties.
    • Free and complete access to protected materials for research use in developing new varieties of plant.
      • However, authorization of the breeder is required “whose repeated use of such variety as parental line is necessary for commercial production of such other newly developed variety”.
• UPOV and India’s situation: Other countries subscribe to the Union for the Protection of Plant Varieties (UPOV), an international agreement with several versions, which offers limited rights to farmers. India has been under constant pressure from the US to join UPOV, an inter-governmental organisation based in Geneva. Several international bodies have warned India against joining UPOV, as they feel it upholds only commercial interests. According to GoI, Indian law is in compliance with UPOV-1978.
• Significance of the act
  • Recognizes and protects the rights of farmers in conserving, improving and making available plant genetic resources.
  • Enhances agri-growth by promoting more R&D towards development of new plant varieties.
• Problems with the law:
  • Lack of proper enforcement: Seed industry feels that there must be a mechanism to catch and punish those who illegally sell the variety.
    • Unique protection given to farmers can also act as a loophole as an aggregator may also own a small land and call herself a farmer.
  • Slow turnaround time for registration of varieties

1) PEPSICO CASE AND DEC 2021 JUDGMENT

• Background:
  • PEPSICO has sued three Gujarat potato farmers for growing its proprietary varieties without authorization. The commercial court had stayed farmers from growing and selling the potatoes. But after a lot of protest, Pepsico withdrew the case in May 2019.
  • PEPSICO India holding Pvt limited has informed the court that it uses the registered variety of potatoes called FL 2027 (of FC5 variety), which is a hybrid of FL 1867 and Wischip varieties, for manufacturing of chip for its brand.
  • The company is registered breeder of the FL 2027 under the protection of Plant varieties and Farmers’ Rights Act, 2001.
• In Dec 2021, the Protection of Plant Varieties and Farmer’s Right Authority (PPV&FRA) revoked PepsiCo India’s registration of its potato variety used in Lays chips.
  • In the process, the authority has indicted itself by listing a series of procedural lapses by the registrar in approving the registration despite omissions and fudging in the application submitted by PepsiCo.
  • The argument of farmer’s rights and public interest was also used for revocation.
  • The judgment said that farmers had been put to hardship including the looming possibility of having to pay huge penalty on the purported infringement they were supposed to have been committing noting that Pepsico had claimed damages of more than Rs 1 crore each from small farmers. This violated public interest.
• Significance:
  • After this judgement, the process of registration is expected to get more streamlined as the authority has identified several procedural flaws

5. THE SCHEDULED TRIBES AND OTHER TRADITIONAL FOREST DWELLERS (RECOGNITION OF FOREST RIGHTS) ACT, 2006

• ­Background: Need of the law -> Ending the Exploitation under the Indian Forest Act, 1927
  • Under the Indian Forest Act, 1927 areas were often declared to be “government forests” without recording who lived in the areas, what lands they were using, what uses they made of the forests and so on.
  • Consequences
    • End of pre-existing traditional rights
    • Eviction, Harassment, exploitation and loss of livelihood
    • Destruction of forests
      • The loss of more than 90% of India’s grasslands to commercial Forest Department plantations
      • Destruction of large areas of forest for mines, dams and industrial projects
    • Community management system was destroyed
• Introduction
  • The 2006 law concerns with rights of forest dwelling communities to land and other resources, denied to them over decades as a result of the continuance of colonial forest laws in India.
• Main Objectives of the 2006 act
  1. Grant legal recognition to the rights of forest dwelling communities, partially correcting the injustices caused by the forest laws.
  2. To address the adverse living conditions of many tribal families living in forests.
  3. Make a beginning towards giving communities and the public a voice in forest and wildlife conservation.
• Nodal agency for implementing the act: The Ministry of Tribal Affairs
• The main Provisions can be summarized as follows
  1. Individual Forest Rights/ Land Ownership to land that is being farmed by tribals or forest dwellers as on 13 Dec 2005, subject to maximum of 4 hectares.
     • Three steps in recognizing land ownership rights under the Section 6 of the act provides a transparent 3 step procedure for deciding who gets the rights
       • First, the gram Sabha (full village assembly, NOT gram Panchayat) makes a recommendation – i.e., who has been cultivating land for how long, which minor forest produce is collected etc.
       • Two stages of screening committee
         • Gram Sabhas recommendation goes through two stages of screening committees at the Taluka and district levels.
         • The district level committee makes the final decision.
  2. Community Rights -> Resource Use Rights – to minor forest produce (also including ownership), to grazing areas, to pastoralist routes, etc.
  3. Forest Protection and Management Rights – to protect forest and wildlife
     • This include right to protect, regenerate, or conserve or manage any community forest resources which they have been traditionally protecting and conserving for sustainable use.
  4. Relief and Development Rights – to rehabilitate in case of illegal eviction or forced displacement, and to basic amenities, subject to restrictions for forest protection.
  5. Powers to Gram Sabha
     • The act provides for diversion of forest land for public utility facilities managed by Government, such as schools, dispensaries, fair price shops, electricity and telecommunication lines, water tanks etc. with the recommendation of Gram Sabhas.
  6. Rights of conversion of forest villages into revenue villages -> Adjudicated by the Gram Sabha, Sub divisional level committee and the District level committee
• Significance of the Act
  1. Sense of Security: Individual Forest Rights give forest dwellers a sense of security against future eviction.
  2. Huge Potential to further the goals of:
     • Grassroot democratization of forest governance -> Empowerment
       • Communities in different parts of the country have successfully used the FRA to protect forest and their biocultural habitats as illustrated in the examples of Dongria Kondh’s campaign to protect Niyamgiri hills.
     • Sustainable Development and Conservation
     • Area: In terms of area, potentially, up to 85.6 million acres or 34.6 million hectares of forests could be recognized as Community Forest Reserves (CFRs) in the country.
     • Population: In terms of potential beneficiaries, an estimated 200 million scheduled tribesandothertraditionalforest dwellers(OTFDs)inover1,70,000villagesaretheusers of potential area, and could, therefore, gain collective rights over forests under the CFR provisions of the FRA.
  3. Alleviate poverty in forest heartlands
     • By ensuring that benefits from forest product harvests and enterprises, and from reforestation, carbon sequestration, and provision of ecological services, go directly to the right-holding gram sabhas and their members.
       • For instance, several tribal and OTFD gram sabhas in Gadchiroli district of Maharashtra and Narmada districtofGujarathaveearned tensoflakhsofrupees from the sale of bamboo and tendu leaves from their CFRs.
     • Land Reform: FRA if properly implemented can become the largest land reform in India’s history
     • Internal Security: Potential to deal with Left Wing Extremism

6. OTHER NATIONAL EFFORTS

1) NATIONAL MISSION ON BIODIVERSITY AND HUMAN WELL-BEING

• In 2018, the Prime Minister’s Science, Technology and Innovation Advisory Council (PM-STIAC) in consultation with the MoEF&CC. and other ministries approved an ambitious NMBHWB.
• A Bengaluru based Biodiversity Collaborative is working with the National Biodiversity Authority to hold consultation and prepare roadmap for the mission that will be steered by a core of the country’s leading biodiversity science and conservation organizations, from public, academic, and civil society organizations.
• The mission will:
  • Strengthen the science of restoring, conserving, and sustainably utilizing India’s natural heritage.
  • Embed biodiversity as a key consideration in all developmental programs, particularly in agriculture, ecosystem services, health, bioeconomy, and climate change mitigation.
  • Establish a citizen and policy-oriented biodiversity information system
  • Enhance capacity across all sectors for the realization of India’s national biodiversity targets and UN SDGs.
• The mission will also allow India to emerge as a leader in demonstrating linkages between conservation of natural assets and societal well-being.
• Other advantages of the mission
  • Increase natural assets by millions of crores
  • Fight climate change
  • Increase agri-production
  • Restoration activities across India’s degraded lands, which amount to almost a third of our land area.
  • Meet the commitments of international conventions and agreements like CBD, SDGs etc.

2) ECO-SENSITIVE ZONES (ESZS) AROUND PROTECTED AREAS

• Introduction
  • Eco-sensitive zones are buffer zones around protected areas (NP, WLS etc) where only regulated activities for specialized eco-system are allowed.
  • Why?
    • They protected against damages caused by developmental activities and act as shock absorbers.
    • They also act as transition zone from areas of high protection to areas involving lesser protection.
  • SC Judgment 2006
    • In December, 2006, the Supreme Court had ordered all states and Union territories for sending proposals to the MoEF for demarcation of ESZs.
    • In case no ESZ proposal is sent, ESZ of 10 km shall apply around Protected Areas.
  • MoEF guidelines for creating Eco-Sensitive Zones:
    • In 2011, MoEF came out with new guidelines to create eco-sensitive zones.
    • Activities Prohibited
      • Commercial mining, saw mills, polluting industries, commercial use of fire wood, major hydro power projects etc.
      • Tourism activities like flying over protected areas in an aircraft or hot air balloon, and discharge of effluents and solid waste.
    • Activities restricted with safeguards
      • Felling of trees, drastic change in agriculture systems and commercial use of natural water resources, including ground water harvesting and setting up of hotels and resorts, are the activities regulated in the area.
    • Activities Permitted
      • Ongoing agriculture and horticulture practices by local communities, rainwater harvesting, organic farming, adoption of green technologies, use of renewable energy resources.
    • Width of ESZs
      • May vary from protected area to area
      • As a general principle, the width could go up to 10 Kms around the protected area.
• Controversy over Eco-Sensitive Zone for the Western Ghats
  • In 2010, MoEFCC set up the Western Ghat Ecology Expert Panel (WGEEP) under the chairmanship of Prof. Madhav Gadgil.
  • The Main recommendations of WGEEP were:
    1. Entire Western Ghat (1,29,037 sq km) should be designated as Ecologically Sensitive Area (ESA).
    2. Three levels of Ecological Sensitivity: Assign three levels of Ecologically Sensitivity to different regions, termed as ESZ1, ESZ2 and ESZ3.
    3. No new dams based on large scale storage be permitted in ESZ1.
    4. Restrictions on Mining:
       • ndefinite moratorium on new environmental clearances for mining in ESZ1 and ESZ2
       • Phasing out of mining in ESZ1 by 2016, and continuation of existing mining in ESZ2 under strict regulation.
    5. No New polluting industries, which would include coal-based power plants, should be permitted to be established in ESZ1 and ESZ2.
    6. Establish a national level Western Ghats Ecology Authority (WGEA) for the protection of the region.
  • The report met with resistance from the governments of all six stakeholder states and could not be implemented. Key Criticisms were on the grounds of practicality, energy, and development needs of the region.
• The Delhi High Court directed the government to take action on the recommendations which led to MoEF&CC setting up another High-Level Working Group (HLWG) under the chairmanship of Dr. Kasturirangan, to suggest anall-round and holistic approach for sustainable and equitable development while keeping in focus the preservation and conservation of ecological systems in Western Ghats.
• HLWG made the Following main points of recommendations which were seen as watering down of the Gadgil committee recommendations.
  • 37% of the Western Ghats as ESZ:
    • It broadened the definition of Western Ghats to include 1,64,280 sq km. Out of the estimated 1,64,280 sq. km of the Western Ghats area, the natural landscape constitutes only 41%. The remaining area was cultural landscape where, where human settlements, agriculture and plantations existed.
    • The area identified as ecologically sensitive is about 37%, (around 60,000 sq km) i.e., about 90% of the natural landscape.
  • ProhibitoryandRegulatoryregime inESA forthoseactivities with maximum interventionist and destructive impact on the ecosystem.
    • Complete ban on mining, quarrying and sand mining in ESA.
    • No new thermal power projects should be allowed in ESA. Hydropower projects may be allowed but subject to conditions
    • All “Red” category industries should be strictly banned.
  • Strengthening of existing framework of environment clearance and setting up of state of art monitoring agency.
• Non-implementation of Gadgil/Kasturirangan Committee recommendations and impact on Kerala Floods of Aug 2018
  • According to experts if the recommendation of these committees would have been properly implemented the damages due to flood in Kerala would not have been too severe.

3) URBAN FOREST SCHEME (NAGAR VAN SCHEME)

• Details
  • The program is aimed at developing 200 Urban forests across the country in next five years.
    • Wajre Urban Forest in Pune and Gurgaon’s Aravalli Biodiversity Park, may act as a model for the scheme.
  • In this initiative there will be a renewed focus on people’s participation and collaboration between forest departments, municipal bodies, NGOs, Corporates and Local Citizens.
  • These will primarily be on forest land in the City or any other vacant land offered by local urban bodies.
• Funds:
  • CAMPA
• Significance of Urban forests
  • Lungs of the cities
  • Moderates temperature
  • Reduces level of ozone, SO2 and PM
  • Fights Climate change – removes CO2 and supplies oxygen
  • Space for nature and wildlife
• Note:
  • The theme for World Environment Day (5th June), 2020 was ‘Biodiversity‘.
  • India organized WED celebrations virtually in view of the COVID-19 crisis with this year’s theme with focus on Nagar Van (Urban Forests)

4) HERITAGE TREES

• Why in news?
  • Maharashtra Legislative Assembly and Legislative Council i.e. both houses, cleared an amendment that protects old trees and provides them ‘heritage tree tag‘. (July 2021)
• Details
  • The Maharashtra Legislative Assembly has passed an amendment to the Maharashtra (Urban Areas) Protection and Preservation of Trees Act, 1975, which allows classification of 50 year old trees as “heritage” trees with an aim to increase the forest cover.
    • The amendment not only conserves old trees in urban areas but also tightens the rules for felling of trees for development works.
  • The act also provides for the formation of the Maharashtra State Tree Authority and tree authorities in local civic bodies and councils.
    • The tree authority is tasked with increasing the tree cover in urban aeas.
    • The permission for felling of more than 200 trees should come from the state tree authorities.
  • The amendment makes it mandatory to plant trees equivalent in numbers to the age of the tree in years, in case felling of trees is allowed for development projects.
    • The planted trees should be 6-18 feet in height and the survival of such trees should be ensured by geo-tagging.
  • In case the compensatory plantation is not possible, the tree feller has to pay compensation for the economic valuation of the trees being felled.
  • It also provides for census of trees every five years with the use of new technologies such as GIS etc.
  • The amendment also increased the fines for illegal felling of trees from a maximum of Rs 5,000 to Rs 1 Lakh.
  • Extra: Determining the age of a tree:
    • The most common method for determining the age of the tree is Dendrochronology – or tree ring dating also called growth rings.
    • A tree, roughly every year adds to its girth. The new growth is also called a tree ring.
    • By counting the ring of a tree, the age of the tree can be estimated.
    • However, the process is invasive.
      • To extract core samples, a borer is screwed into the tree and pulled out. This brings out a straw-size sample of wood. Then, the hole in the tree is sealed to prevent disease.

5) SACRED GROVES

Taken from: From <http://ecoheritage.cpreec.org/innerpageof.php?$mFJyBfKPkE6

• Introduction
  • Sacred groves comprise of patches of forests or natural vegetation – from a few trees to forests of several acres – that are usually dedicated to local folk deities (Example – Ayyanar and Amman) or tree spirits (Vanadevatais).
  • These spaces are protected by local communities because of their religious beliefs and traditional rituals that run through several generations.
  • The degree of sanctity of the sacred forests varies from one grove to another.
    • In some forests even the dry foliage and fallen fruits are not touched. People believe that any kind of disturbance will offend the local deity, causing diseases, natural calamities or failure of crops.
      • For example, the Garo and the Khasi tribes of northeastern India completely prohibit any human interference in the sacred groves.
  • In other groves, deadwood or dried leaves may be picked up, but the live tree or its branches are never cut.
    • For example, the Gonds of central India prohibit the cutting of a tree but allow fallen parts to be used
• Classification of sacred groves
  • Traditional Sacred Groves – It is the place where the village deity resides, who is represented by an elementary symbol
  • Temple Groves – Here a grove is created around a temple and conserved.
  • Groves around the burial or cremation grounds.
• Ecological Significance
  1. Conservation of Biodiversity
  2. Recharge of aquifers
  3. Soil conservation
• Distribution of Sacred Groves in India
  • In India, sacred groves are found all over the country and abundantly along the western Ghats. Although, there has been no comprehensive study of sacred groves in the entire country, experts estimate that the total number of sacred groves in India could be in the range of 1,00,000 – 1,50,000.

Threats to Sacred Groves in India

The threats vary from one region to the other and even from one grove to the other. But the common threats identified are:

• • Disappearance of the traditional belief systems, which were fundamental to the concept of sacred groves. These systems and their rituals are now considered mere superstition.
  • Sacred groves in many parts of our country have been destroyed due to rapid urbanization and developmental interventions such as roads, railways tracks, dams including commercial forestry. Encroachment has led to the shrinkage of some of the largest groves in the country.
  • Many groves are suffering due to ‘Sanskritisation’ or the transformation of the primitive forms of nature worship into formal temple worship.
  • Invasion by exotic weeds such as Eupatorium odoratum, Lantana camara and Prosopis juliflora is a serious threat to some groves.
  • Pressures due to increasing livestock and fuelwood collection.
• Local Terms used for Sacred Groves in the country

Sl. No.	State	Local term for Sacred Groves	No. of documented sacred groves
1	Andhra Pradesh	Pavithravana	580
2	Arunachal Pradesh	Gumpa Forests (Sacred Groves attached to Buddhist monestries)	101
3	Goa	Deorai, Pann	55
4	Jharkhand	Sarana	29
5	Kerala	Kavu, Sara Kavu	299
6	Maharashtra	Devrai, Devrahati, Devgudi	1559
7	Manipur	Gamkhap, Mauhak (sacred bamboo reserves)	166
8	Meghalaya	Ki Law Lyngdoh, Ki Law Kyntang, Ki Law Niam	101
9	Puducherry	Kovil Kadu	108
10	Rajasthan	Orans, Kenkris, Jogmaya	255
11	Tamil Nadu	Swami shola, Koilkadu	527
12	Uttarakhand	Deo Bhumi, Bugyal (sacred alpine meadows)	18
13	West Bengal	Garamthan, Harithan, Jahera, Sabitrithan, Santalburithan	39

7. INTERNATIONAL EFFORTS

1) MARINE PROTECTED AREAS

• Why in news?
  • Marine protection falls short of the 2020 target to safeguard 10% of the world’s oceans
• How much of Marine Protected Areas are there in the world?
  • In 2010, world leaders updated an earlier pledge to establish a network of marine protected areas (MPAs) with a mandate to protect 10% of the world’s oceans by 2020.
    • But, by 2020, MPAs only cover 7.66% of the ocean across the globe.
    • Most protected sites are in national waters where its easy to implement and manage protection under the provision of a single country.
      • In more remote areas of the high seas, only 1.18% of marine ecosystems have been gifted sanctuary.
        • Of this, southern Ocean account for a large portion, hosting two MPAs.
          • The South Orkney Islands Southern Shelf MPA covers 94,000 square kms, while the Ross Sea region MPA stretches across more than 2 million square kilometres, making it the largest in the world. CCAMLR is responsible for this achievement.
• MPAs in India
  • MPAs in marine environment in India are primarily classified into following three categories:
    • Category 1: This covers National Parks and Sanctuaries and having entire areas in intertidal/subtidal or mangroves, coral reefs, creeks, seagrass beds, algal beds, estuaries, lagoons.
    • Category 2 : These include Islands, which have major parts in marine ecosystem and some part in terrestrial ecosystem
    • Category 3A: They include sandy beaches beyond the inter-tidal line but occasionally interacting with the seawater.
    • Category 3B : This include evergreen or semi evergreen forests of Islands.
  • Important MPAs of India in Peninsular India

Name of MPA	State	Category	Year of establishment
Marine (Gulf of Kutch)	Gujarat	NP	1995
Bhitarkanika	Odisha	NP	1998
Gulf of Mannar Marine	TN	NP	1980
Sundarbans	WB	NP	1984

• Important MPAs of India in Islands of India

Name of MPA	State	Category	Year of Establishment
Campbell	A&N	NP	1992
Galathea	A&N	NP	1992
Mahatma Gandhi Marine	A&N	NP	1983
Middle Button Island	A&N	NP	1987
Mount Hariette	A&N	NP	1987
Rani Jhansi	A&N	NP	1996
Saddle Peak	A&N	NP	1987
South Button Island	A&N	NP	1987

8. MAJOR POLICIES, PROGRAMS, PROJECTS

1) NATIONAL FOREST POLICY, 1988

• Basic Objectives of the 1988 Policy
  • Maintenance of environmental stability through preservation and restoration of the ecological balance.
  • Conservation of natural heritage of the country.
  • Checking soil erosion and denudation in the catchment areas of rivers, lakes, reservoirs in the “interest of soil and water conservation, for mitigating floods and droughts and for the retardation of siltation of reservoirs
  • Checking the extension of sand-dunes in the desert areas of Rajasthan and along the coastal tracts
  • Increasing substantially the forest/tree cover in the country through massive afforestation and social forestry programmes, especially on all denuded, degraded and unproductive lands
  • Meeting the requirements of fuel-wood, fodder, minor forest produce and small timber of the rural and tribal populations.
  • Increasing the productivity of forests to meet essential national needs
  • Encouraging efficient utilisation of forest produce and maximising substitution of wood.
  • Creating a massive people’s movement with the involvement of women, for achieving these objectives and to minimise pressure on existing forests
• Key Concerns
  • No official definition of ‘Forests’. This had led to every state government having their own definition.
  • It doesn’t cover provision for protection of degraded land.
• Draft National Forest Policy, 2020
  • Why in news?
    • A GoM has approved Forest Policy, 2020 and have sent it to the PMO and the Cabinet Secretariat for consideration (June 2020)
      • The new policy has been pending since 2016.
  • It is an overarching policy for forest management. This will be third National Policy on Forests (after 1952 and 1988).
    • While the NFP of 1952 was focused on production and revenue generation , NFP of 1988 wasfocusedon environmental stability and maintenance of ecological balance, the draft NFP will focus on water conservation followed by climate change mitigation through carbon sequestration and finally to secure livelihood
• Target of 33% of India’s geographical area under forest and tree cover and in the hills 2/3rd of area under forest and tree cover has been continued from the previous policy.
• Key sticking Points
  • Undermining the rights of traditional forest dwellers, roping in of the private players for afforestation, and rather than focusing on forest preservation, it talks about raising plantation.

2) NATIONAL WILDLIFE ACTION PLAN (NWAP), 2017-2030

• Introduction
  • NWAP is India’s roadmap to conserving wildlife for next 15 years. This is the third NWAP (first in 1982 and the second in 2002
  • It was launched Oct 2017 during the Global Wildlife Program (GWP) conference.
    • Note: GWP,initiatedin2015,isa WorldBank led partnership of 19 countries to promote conservation and sustainable development by combating trafficking in wildlife.
  • It focuses on preservation of genetic biodiversity and sustainable development.
• Key Highlights
  • The plan adopts a “landscape approach“ in conservation of all wildlife – uncultivated flora and undomesticated fauna – that has an ecological value to the ecosystem and to mankind irrespective of where they occur.
    • I.e. rather than focusing only on national parks and sanctuaries, the new strategies would be based on landscape of the region that may be limited to a reserve forest system alone.
  • The plan integrates climate change into wildlife planning. This is the first time that India has recognized concerns relating to climate change’s impact on wildlife and stressed on integrating actions that need to be taken for mitigation and adaptation into wildlife management planning process.
  • The NWAP has five components, 17 themes, 103 conservation actions and 250 projects.
  • The five components are:
    • Strengthening and Promoting the integrated management of wildlife and their habitats
    • Adaptation to climate change and promoting integrated sustainable management of aquatic biodiversity in India
    • Promoting eco-tourism, nature education and participatory management;
    • Strengthening wildlife research and monitoring of development of human resource in wildlife conservation
    • Enabling Policies and resources for conservation of wildlife in India.
  • Other thrust area in the planning
    • Man-Animal conflict mitigation
    • Ensuring public participation in conservation
  • The plan will help in mainstreaming wildlife conservation in development planning processes.
  • The plan calls for increasing role of private sector in wildlife conservation. The plan lays down that the centre would ensure adequate and sustained funding including CSR funds are made available for NWAP implementation.
  • The plans calls for forest rights of people living in tiger reserves and protected areas to be determined by 2020 in accordance with the forest rights act, 2006.

3) SECURE HIMALAYA PROJECT

• ­ About Secure Himalaya: Need of the Project
  • Himalayan ecosystem is facing increasing degradation, fragmentation of area etc, which is further increasing due to high dependence of the local communities on the natural resources and unplanned infrastructure.
• Details of Secure Himalaya:
  • Launched in Oct 2017.
  • The Project Securing Livelihoods, Conservation, Sustainable Use and Restoration of High Range Himalayan Ecosystems (SECURE Himalaya) – is being implemented by MoEF&CC, GoI and UNDP with financial support of GEF.
  • It is a six year project aimed at conservation of locally and globally significant biodiversity, land and forest resources in the High Himalayan ecosystem.
  • It is part of Global Wildlife Programme.
  • The key components of the project are
    1. Protection of Snow Leopard and other endangered species and their habitats
    2. Securing livelihood of people in the region.
    3. Enhancing enforcement to reduce wildlife crime.
    4. Strengthening community institutions
    5. Improving knowledge, advocacy and information system for promoting landscape based conservation approaches.
  • The project is meant for specific landscapes. It includes Changthang (J&K), Lahaul – Pangi and Kinnaur (HP), Gangotri – Govind and Darma – Byans Valley in Pithoragarh (Uttarakhand) and Kanchenjunga – Upper Teesta Valley (Sikkim).
  • The project will contribute to Global Snow Leopard and Ecosystem Protection Program (GSLEP), an effort to protect the species in 12 range countries, including India.
  • Financing
    • It received a GEF grant of $11.5 million, and will receive $60 million in co-financing through the Indian government.