Environmental Law

1.
Critically examine “Sustainable use of Forests: The Rights of Forest Dwellers” in the
light of importance of Indigenous people as marked by Convention on Bio-Diversity.
Sustainable use of forests means using and caring for the forests in ways that meet daily needs
while protecting the forests for the future. Sustainable methods are not similar everywhere. Each
community needs to find what works best for them and the forests. Making a sustainable
management plan not only helps the community living in the forests to lead a better life, but also
helps the government in conservation of forests, wildlife and biodiversity.
Since colonial times, the forest department held the rights to access, manage and govern all
forest land and resources across India.
There are several instances that exhibit how the tribal people, residing in forest areas were
oppressed and threatened. In 1986, consequent upon the Uttar Pradesh State Government
declaring a part of the jungle lands in two tehsils of the District of Mirzapur as reserved forest
under Section 20 of the Indian Forest Act, 1927 and notifying other areas under Section 4 of the
Act for final declaration as reserved forests, the forest officers started interfering with the
operations of the Adivasis living for generations in those areas. Criminal cases for
encroachments as also other forest offences were registered against them and systematic attempts
were made to obstruct their free movement, and even steps were taken under the U.P. Public
Premises (Eviction of Unauthorized Occupants) Act, 1972 for throwing them out of the villages
rose by them, and in existence for quite some time. Their attempts to cultivate the lands around
these villages, converted by them into cultivable fields, on which they had been raising crops for
food, were also resisted.
This was challenged in the case, Banwasi Seva Ashram v State of UP, 1986 1. The court in this
case held that the land already declared as reserved under Section 20 of the Forest Act, 1927
would be open to the claimants to establish their rights, if any, in any other appropriate
proceeding but no opinion was given on the maintainability of such suits.
Furthermore, in 1987, the Poor Adivasis known as Kotwalias and Vansfodia were harassed by
the officers of the Forest Department to depriving them of the privileges conferred upon them by
1
AIR 1987 SC 374.
the State Government. These petitioners had their residence in reserved forests and they claimed
certain privileges in regard to the collection of forest produce, including bamboos. According to
them, they were privileged to collect a certain quantity of bamboos per family from the reserved
forests for the purpose of making toplas, supdas, palas, etc., for their hutments and livelihood.
Therefore in the case of Fatesang Gimba Vasava v State of Gujrat, 1987 2, they challenged this
oppression of tribal people. The Judiciary in this case recognized their rights and hence adjudged
that the petitioners would be supplied with bamboos and would also be allowed to sell the
articles made from the same.
Even then, for so many years, there was no legislation to protect tribal and indigenous people
from harassment and oppression. Many of those people continued to live under the fear of being
chased away by the authorities. But, the Scheduled Tribe and Other Traditional Forest
Dwellers (Recognition of Forest Rights) Act, 2006 changed that by reinstating the rights of
communities to manage their local forests and resources on their own.
India’s Parliament understood that villages always managed local forests and resources
sustainably; because the ecosystem held the key to a tribal way of life that embodied their
customs, cultures, belief systems, communities and homes. The law ultimately made the Gram
Sabha (village council) the statutory body that protects and manages the forest, because they
know their communities and how to manage their local resources best.
The Forest Rights Act, 2006 was passed to recognise and vest the forest rights and occupation in
forest dwelling Scheduled Tribes and other traditional forest dwellers who have been residing in
such forest for generations but whose right has not been recorded. This Act was a step to restore
the rights of the indigenous people of India.
The Act was a result of various International developments including the UN declaration of
making 1993, the International Year for Worlds Indigenous People., Johannesburg Conference of
2002 and UN declaration of Rights of Indigenous People, 2007.
The law concerns the 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.
2
AIR 1987 Guj 9, (1987) 1 GLR 219.
Supporters of the Act claim that it will redress the "historical injustice" committed against forest
dwellers, while including provisions for making conservation more effective and more
transparent. The demand for the law has seen massive national demonstrations involving
hundreds of thousands of people.
But, there is also a need to protect the forests from being exploited by the forest dwellers.
Moreover, the implementation of the act has not been done in an appropriate manner. Even in the
current situation the rights of the majority of tribals and other traditional forest dwellers are
being denied and the purpose of the legislation is being defeated.
Recently, Supreme Court in Wildlife first v. Moefcc has ordered eviction of encroachers on
forest land, in which majority of tribal and forest dwellers were also ordered to be evicted. This
shows that though the rights of tribals have been recognized, there is still a need to protect them
in a more efficient manner and at the same time regulate their actions to protect the environment.

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