NATIONAL LAW UNIVERSITY ODISHA

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 TABLE OF CONTENT

INTRODUCTION......................................................................................................................2

RESEARCH QUESTION..........................................................................................................3

INTERNATIONAL LAWS FOR AFFORESTATION AND DEFORESTATION

APPICABLE IN INDIA............................................................................................................4

FOREST COVER STATUS IN INDIA.....................................................................................5

CHALLENGES TO AFFORESTATION IN INDIA................................................................6

ANALYSING LEGAL FRAMEWORK FOR AFFORESTATION.........................................7

Legal frameworks-..................................................................................................................8

Role of Tribal People In Afforestation-................................................................................10

CASE LAWS...........................................................................................................................11

T.N. Godavarman Thirumulkpad v. Union of India:............................................................11

M.C. Mehta v. Union of India:.............................................................................................11

Rural Litigation and Entitlement Kendra v. State of U.P.:...................................................11

Centre for Environmental Law v. Union of India:...............................................................12

CONCLUSION........................................................................................................................13

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 INTRODUCTION

India's forest sector offers a significant opportunity to slow global warming by sequestering
an additional 3 billion metric tons of carbon by 2030. The country's forests would need to be
seriously conserved, restored, and regenerated in order to do this. The industry has substantial
implementation difficulties despite having extremely lofty goals to meet. India has
experienced an extraordinary pace of deterioration of its thick forest cover during the last
several years. While it may appear that there is political will and funding available for an
ambitious forest program, reimagination and innovation are urgently needed to create an
integrated forest management framework if India wants to take advantage of its benefits for
the environment and sustainable development. The government must show urgency in
carefully designing its afforestation program and carrying out significant execution on the
ground, given the precarious status of India's forests. 1 Communities that are most reliant on
forests for their various needs have fresh hope thanks to participatory forest management.
Several states have made exciting starts. Local forest conservation committees are sprouting
up everywhere, some on their own and others with the support and encouragement of NGOs
and field employees from the forest department. It is currently difficult for forest departments
to reframe their thinking and go from being forest managers to community facilitators. They
will need to create and successfully implement more adaptable planning procedures that are
simultaneously fully incorporated into the overarching goals of the working plan and really
participatory. Making sure that women and members of underprivileged groups have an equal
say in management and decision-making will require special attention. Institutions in the
village will need to assign duties, create internal policies and procedures, distribute benefits,
manage assets and savings, and set up marketing and processing businesses.

It will be necessary to move decision-making and administration to new institutional forums

at various levels. Meetings of working groups at the divisional, state, and forest protection
committee levels will serve as testing grounds for a growing process. The "Panchayats" and
"Jilaparishads," which are the elected entities at the local and district levels, must offer the

1
Kanthimathinathan, S. (2022). Deforestation and Applicable Related Act in India. Novel Perspectives of
Geography, Environment and Earth Sciences Vol. 1, 66-78.

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essential political backing for the JFM process. 2 The JFM committees will gain stability, an
official appearance, and social acceptance as a result.

Although there is a historical chance to move away from 19th-century management methods
and towards newly adapted systems that may better meet the social and environmental
concerns of the 21st century, there are still many obstacles to overcome. India's diverse
social, cultural, and biological landscape necessitates that newly emerging local forest
management be adapted to address current issues and possibilities. Understanding local
leadership and institutions, vegetation conditions, and the value of forests to the local and
regional economies are all necessary for this. In order to benefit participating village
communities, the state, and the country as a whole, successful management partnerships must
be built on a strong grasp of the interdependence associated with forest usage. It can be said
that many current policies won't necessarily prevent adaptation, but they also won't promote
it without a conscious evaluation. The urgent necessity is to incorporate "adaptation-friendly"
clauses into all of the policies that have an impact on forest management.

RESEARCH QUESTION

2
Saxena, K. B. (2019). Compensatory Afforestation Fund Act and rules: deforestation, tribal displacement and
an alibi for legalised land grabbing. Social Change, 49(1), 23-40.

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 INTERNATIONAL LAWS FOR AFFORESTATION AND DEFORESTATION
APPICABLE IN INDIA

United Nations Framework Convention on Climate Change (UNFCCC): The UNFCCC is a

global agreement that was established in 1992, with the objective of mitigating global climate
change by stabilizing greenhouse gas concentrations in the atmosphere. India became a party
to this convention in 1993. The convention recognizes the critical role that forests play in
mitigating climate change, as they act as carbon sinks by absorbing and storing carbon
dioxide from the atmosphere.3 The convention calls for the conservation and sustainable
management of forests as part of the efforts to address climate change. India's commitment to
the UNFCCC has resulted in various measures aimed at promoting afforestation, reducing
deforestation, and enhancing forest carbon stocks.

United Nations Convention on Biological Diversity (CBD): The CBD is an international

treaty that was established in 1992, with the objective of conserving biodiversity, promoting
sustainable use of its components, and ensuring the fair and equitable sharing of benefits
arising from the utilization of genetic resources. India became a party to this convention in
1994. Forests are an essential component of biodiversity and provide habitat for a wide range
of plant and animal species.4 The convention recognizes the importance of forests in
conserving biodiversity and calls for their sustainable management. India's commitment to
the CBD has resulted in the implementation of various measures aimed at protecting forests
and biodiversity.

Paris Agreement: The Paris Agreement is an international agreement that was adopted in
2015, with the objective of limiting global warming to well below 2°C above pre-industrial
levels, with a goal to limit it to 1.5°C. India ratified the agreement in 2016. The agreement
recognizes the importance of forests in mitigating climate change and calls for the reduction
of emissions from deforestation and forest degradation, and the enhancement of forest carbon
stocks. The agreement also recognizes the need to support developing countries in their
efforts to mitigate and adapt to climate change, including through financial and technological
support for afforestation and reforestation projects. India's commitment to the Paris

3
Kamal, A., Yingjie, M., & Ali, A. (2019). Significance of billion tree tsunami afforestation project and legal
developments in forest sector of Pakistan. Int. J. Law Soc, 1(157), 20.
4
Roy, A., & Fleischman, F. (2022). The evolution of forest restoration in India: The journey from precolonial to
India's 75th year of Independence. Land Degradation & Development, 33(10), 1527-1540.

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Agreement has resulted in the formulation of various policies and programs aimed at
reducing greenhouse gas emissions, promoting renewable energy, and enhancing the
country's carbon sink potential through afforestation and reforestation projects.

FOREST COVER STATUS IN INDIA

The forest cover was found to be increased by ca. 1% for the year 2017 which is 21.54% of
the total geographic area when compared to that of forest cover status in 2015 which is a
positive sign towards the constant efforts that are being put in to protect the forest. 5This
positive change in the forest cover is mainly attributed to the conservation and management
practices that include afforestation activities, participation of local peoples for better
protection measures in plantation areas and traditional forest areas, expansion of trees outside
forest, etc. Also, with this increase in the forest cover, the country has procured 8th position
among the top 10 countries reporting the greatest annual forest area gain. Although there has
been an increase in the total forest cover in India, still there are certain regions within the
country that has sought a reduction in the same. The main reasons attributed for this reduction
are shifting cultivation, rotational felling, other biotic pressures, diversion of forest lands for
developmental activities, etc. . A transition in the various forest cover classes has also
occurred over the past. The present status of forest cover (%) of India belonging to various
forest cover classes has been shown in. It has been found that there is a reduction in the
moderately dense forest and an increment in the open forest depicting degradation of forest
cover to some extent. 6 Changes within the forest cover classes result in decrease in the
production capacity, thereby leading to forest degradation . Control and regular check of
these activities can help in strengthening the conservatory efforts of forest protection. This is
the necessity of the present time to conserve the forests in order to sustain the vital
ecosystems and the major carbon sink to combat the effects of global climate change and
ultimately maintain the environmental balance.

5
Munsi, M., Areendran, G., & Joshi, P. K. (2012). Modeling spatio-temporal change patterns of forest cover: a
case study from the Himalayan foothills (India). Regional environmental change, 12, 619-632.
6
Joshi, A. K., Pant, P., Kumar, P., Giriraj, A., & Joshi, P. K. (2011). National forest policy in India: critique of
targets and implementation. Small-Scale Forestry, 10, 83-96.

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 CHALLENGES TO AFFORESTATION IN INDIA

The value and functions of forests are immense and diverse. Similarly, the impacts of
deforestation are global and commune the whole forest community. One of the major
constraints in understanding the true impact of desertification on forests is the inadequacy
and imprecise form of data.

Forests contribute to the world economy in terms of timber production and other forest
produces. There are different contributions of forest as a means of direct employment in
forestry services and other value-added contributions as recreation and aesthetics. The loss of
tropical forest cover annually may account for about 45 billion US dollars . The destruction
of forest eliminates the sources of economic gain directly obtained and also eliminates the
potential gain from the resources that the forest sustains as biodiversity, soil and water. Also,
the destruction of forest increases the negative externalities in the form of increasing
CO2 concentration, risk of flood and human-wildlife conflict . The proximity of settlements
to protected areas further intensifies the chances of human-wildlife conflict (HWC). It is
reported that settled households face high risk of HWC due to their close proximity of the
Kanha National Park in Central India.

Deforestation has its social influence in the form of long-term effect. Development is a
serious concern for indigenous community as it certainly leads to a change or shift of their
culture and tradition. The cultural and religious aspects of the community are seldom
preserved amid infrastructural advancement that leads to land and social conflict . In a study
of household survey from rural areas of Madhya Pradesh and Chhattisgarh state of India, it
was found that the poorest of the local community gained about 30% of their living from
forest produce which was claimed to be even higher than the returns from agriculture. Also,
forest provides an option as safety net during the period of crisis in rural areas. 7 Various
ecological services provided by the forests have been lost due to deforestation which in turn
has immediate effects on the local communities dependent on these services for their daily
needs. The inclusive approach for the sustainable management of forest resource is a vital
consideration that considers economy as a subset of the society which in itself is a subset of
the environment. Such considerations can help sustaining the constantly declining forest
cover and its long-term impacts.
7
Arvind A. Shah, 'Challenges to Afforestation in India' (2019) 7(2), 25-40.

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 ANALYSING LEGAL FRAMEWORK FOR AFFORESTATION

In India, there are several legal provisions for afforestation, which aim to promote sustainable
forest management, conserve biodiversity, and mitigate climate change. Some of the key
provisions are:

Forest (Conservation) Act, 1980: This act regulates the diversion of forestland for non-
forestry purposes and mandates that an equivalent area of non-forest land should be
afforested. It also requires the preparation of a compensatory afforestation plan before the
diversion of forestland.

National Afforestation Programme (NAP): This programme was launched in 2002 by the
Ministry of Environment, Forest and Climate Change to promote afforestation and tree
plantation in degraded forests, and non-forest areas. It also supports the development of
forest-based livelihoods for local communities.8

Compensatory Afforestation Fund Act, 2016: This act establishes a fund to receive payments
for compensatory afforestation, net present value of forestlands, and other payments related
to forest conservation. The fund is used for afforestation, regeneration of forest ecosystems,
and other related activities.

Biological Diversity Act, 2002: This act aims to conserve and promote the sustainable use of
biodiversity. It mandates the preparation of a biodiversity management plan for areas where
forest land is diverted for non-forestry purposes. The plan should include measures for the
restoration of the ecosystem and the promotion of biodiversity.

Indian Forest Act, 1927: This act provides for the protection of forests and the regulation of
the forest produce. It mandates the reservation of forestland and the promotion of
afforestation.

Overall, these legal provisions aim to promote afforestation and sustainable forest
management in India. However, their effectiveness depends on proper implementation and
enforcement. The Indian forestation policy has undergone significant changes over the years.
In order to conduct a legal research project on this topic, there are several key areas that you
can explore.

8
Haas, L. B. (2011). Saving the Trees One Constitutional Provision at a Time: Judicial Activism and
Deforestation in India. Ga. J. Int'l & Comp. L., 40, 751.

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Forest Conservation Laws: One of the most significant aspects of Indian forestation policy is
the legal framework that governs the conservation and protection of forests. You can research
the Forest Conservation Act of 1980, Wildlife Protection Act of 1972, and the Biological
Diversity Act of 2002 to understand the legal provisions for forest conservation.

Forest Rights: The rights of indigenous people and local communities who depend on forests
for their livelihoods is another important aspect of Indian forestation policy. The Forest
Rights Act of 2006, which recognizes the rights of forest-dwelling communities to live in and
protect forests.

Forest Management: The management of forests is also a key aspect of Indian forestation
policy. The National Forest Policy of 1988 and the Forest (Conservation) Rules of 2003 can
be referred to understand the legal provisions for forest management, including the roles and
responsibilities of government agencies, forest officials, and other stakeholders.9

Forest Governance: The governance of forests is also an important aspect of Indian

forestation policy. The role of forest governance institutions such as the Forest Department,
State Forest Development Corporations, and Joint Forest Management Committees, can be
taken into consideration to understand how forest governance is organized in India.

Forest-based Industries: The development of forest-based industries, such as timber, paper,

and pulp, is another key area of Indian forestation policy. The Forest Policy of 1952 and the
Forest (Conservation) Act of 1980 can be referred to understand the legal provisions for
forest-based.

Legal frameworks-

Deforestation and afforestation are important issues that require careful consideration in
forest policy. In India, the Forest (Conservation) Act, 1980 is the primary legal framework
for forest conservation and afforestation. The following are some legal policies that can be
incorporated into Indian forest policy to address deforestation and promote afforestation:

Strict Enforcement of Forest (Conservation) Act, 1980: The Forest (Conservation) Act, 1980
is a central legislation that regulates diversion of forest land for non-forest purposes. 10 This
9
Rai D, ‘Forest Laws and Laws Governing the Control of Timber and Forest Produce’ (iPleaders, 5 May 2020)
<https://blog.ipleaders.in/forest-laws-and-laws-governing-the-control-of-timber-and-other-forest-produce/>
accessed 13 March 2023.

10
Sehgal DR, ‘The Major Drawbacks of the Forest Conservation Act, 1980’ (iPleaders, 13 August 2020)
<https://blog.ipleaders.in/major-drawbacks-forest-conservation-act-1980/> accessed 14 March 2023.

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law has provisions for afforestation, compensatory afforestation, and net present value
payment. The implementation of this law must be strengthened by ensuring that no forest
land is diverted for non-forest purposes without prior approval from the central government
and the concerned state government. Additionally, the compensatory afforestation and net
present value payments must be utilized for afforestation activities in degraded forests and
non-forest areas.

Incentives for Afforestation: The government can provide incentives for afforestation
activities through various schemes such as the National Afforestation Programme (NAP) and
the Green India Mission (GIM).11 These schemes can provide financial and technical support
to individuals, communities, and organizations for undertaking afforestation activities.
Additionally, incentives can also be given for protecting and conserving existing forests.

Promoting Community Forest Management: Community forest management is an effective

way to promote afforestation and reduce deforestation. The Forest Rights Act, 2006
recognizes the rights of forest-dwelling communities to access and manage forest resources.
The government can promote community forest management by providing legal recognition,
technical and financial support, and capacity building.

Use of Technology: The use of technology can help in monitoring deforestation and
promoting afforestation. The government can use remote sensing, GIS, and other
technologies to map forest cover, monitor deforestation, and identify areas for afforestation.
Additionally, the use of social media and mobile applications can be used to involve citizens
in afforestation activities.

Strengthening Forest Institutions: The forest department and other institutions responsible for
forest management must be strengthened by providing adequate resources, training, and
capacity building. This will help in improving the efficiency and effectiveness of forest
management and promote afforestation.12

In conclusion, addressing deforestation and promoting afforestation requires a multi-faceted

approach that involves legal policies, incentives, community participation, technology, and

11
‘Indian Administrative Service - IAS Exam’ (Prepp) <https://prepp.in/news/e-492-national-mission-for-a-
green-india-gim-environment-notes> accessed 14 March 2023.
12
‘Strengthened Forest Fire Management To Help India Meet Climate Change Goals’ (World Bank)
<https://www.worldbank.org/en/news/press-release/2018/10/09/strengthened-forest-fire-management-to-help-
india-meet-its-climate-change-goals> accessed 14 March 2023.

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institutional strengthening. The above legal policies can be incorporated into Indian forest
policy to achieve the goal of sustainable forest management.

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Role of Tribal People In Afforestation-

Tribal people can play a significant role in afforestation efforts due to their close relationship
with forests and their traditional knowledge of sustainable forest management. They have
been dependent on forests for their livelihoods, and their livelihoods have been linked to
forest conservation and management for generations. As a result, they have developed a deep
understanding of forest ecosystems and their interrelationships.13

Tribal people can contribute to afforestation efforts in various ways, such as:

Forest regeneration: Tribal people have an intimate knowledge of local forest ecosystems,
including tree species, soil conditions, and water resources. This knowledge can be
invaluable in identifying areas that are suitable for afforestation and selecting the right tree
species.

Forest protection: Tribal people can act as forest protectors, guarding against illegal logging,
poaching, and other activities that threaten the health of forest ecosystems.

Forest management: Tribal people can help manage forests sustainably, using traditional
techniques such as controlled burning, selective logging, and rotational grazing to maintain
the health of the forest.14

Reforestation: Tribal people can help plant trees and maintain tree nurseries, ensuring that
newly planted trees grow and thrive.

In summary, the involvement of tribal people in afforestation efforts can help ensure that
forests are managed sustainably and that their benefits are shared equitably. It can also
provide economic opportunities for local communities and help preserve traditional
knowledge and cultural heritage.

13
‘Afforestation and Reforestation as Adaptation Opportunity — English’
<https://climate-adapt.eea.europa.eu/en/metadata/adaptation-options/afforestation-and-reforestation-as-
adaptation-opportunity> accessed 13 March 2023
14
‘Afforestation Can Help to Tackle Climate Change. Here’s How’ (World Economic Forum, 3 November
2021) <https://www.weforum.org/agenda/2021/11/afforestation-can-help-tackle-climate-change-heres-how/>
accessed 13 March 2023

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 CASE LAWS

T.N. Godavarman Thirumulkpad v. Union of India:

In this case is considered one of the most important environmental cases in India. It was a
public interest litigation (PIL) filed by T.N. Godavarman Thirumulkpad, an environmental
activist, in 1995. The case focused on the illegal logging and deforestation happening in the
country, and sought the protection of forests. The Supreme Court of India passed a landmark
order in 1996, banning the felling of trees in all forests across the country, and directed state
governments to set up a committee to monitor and regulate forest activities. The case led to
the creation of the Forest Conservation Act, 1980, which regulates the diversion of forest land
for non-forest purposes.15

M.C. Mehta v. Union of India:

This case, also a PIL, was filed by M.C. Mehta, an environmental lawyer, in 1984. The case
was related to the pollution caused by industries in and around the Taj Mahal, a UNESCO
World Heritage Site. The Supreme Court of India ordered the closure of all polluting
industries in the Taj Trapezium Zone, which included areas around the Taj Mahal. The court
also directed the plantation of trees to control pollution in the area.16

Rural Litigation and Entitlement Kendra v. State of U.P.:

This case was a PIL filed in 1985 by a group of lawyers and environmentalists in
Uttarakhand. The case was related to the limestone mining in the Doon Valley, which was
causing environmental degradation and endangering the wildlife in the area. The Supreme
Court of India ordered the closure of limestone quarries in the area and directed the state
government to plant trees in the region. The case led to the creation of the Bhagirathi Eco-
Sensitive Zone, which protected the forests and wildlife in the area.17

15
T.N. Godavarman Thirumulpad v. Union of India [WP (Civil) No. 202 of 1995].
16
M.C. Mehta v. Union of India (1987) AIR 1086.
17
Rural Litigation and Entitlement Kendra v. State of U.P. (1985) AIR 652.

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Centre for Environmental Law v. Union of India:

This case was a PIL filed in 2004 by the Centre for Environmental Law, a non-profit
organization, in the Supreme Court of India. The case was related to the mining activities in
the Sariska Tiger Reserve, which was causing the destruction of the forest cover and
endangering the wildlife in the area. The court ordered the closure of a mine in the area and
directed the state government to plant trees in the region to compensate for the loss of forest
cover.18

These and other cases in India have played an important role in promoting afforestation and
curbing deforestation. The Supreme Court of India has been proactive in taking steps to
protect the environment and has passed several orders to prevent deforestation, encourage
afforestation, and protect wildlife. In addition to court orders, the government has also
implemented several policies and programs to promote afforestation, such as the National
Afforestation Programme and the Green India Mission.

18
Centre for Environmental Law v. Union of India (1998) 9 SCC 623.

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 CONCLUSION

Deforestation is a significant environmental issue that has severe consequences, including

loss of biodiversity, soil erosion, and climate change. In response to these challenges, the
Indian government has implemented various policies and programs aimed at reducing
deforestation and promoting afforestation.

One of the critical policies in this regard is the National Forest Policy, which emphasizes the
need for sustainable forest management and conservation. The policy recognizes the
importance of forests for the ecological, social, and economic wellbeing of the country and
aims to maintain a minimum of one-third of the country's land area under forest and tree
cover.

The Indian government has also implemented several afforestation programs, including the
National Afforestation Program, the Green India Mission, and the National Agroforestry
Policy. These programs aim to increase the country's forest cover and improve the quality of
existing forests.19

Furthermore, the Indian government has also taken steps to involve local communities in
forest management and conservation through the Joint Forest Management approach. This
approach involves the participation of local communities in the planning and implementation
of forest conservation activities, promoting sustainable forest management.

In conclusion, the Indian government's policies and programs for deforestation to

afforestation are essential steps towards achieving sustainable forest management and
conservation. These initiatives not only help protect the environment but also contribute to
the socioeconomic development of the country while ensuring that future generations can
benefit from the natural resources of the land.

19
Jha S, ‘The Green India Mission (Gim): A Roadmap for Neoliberal Exploitation in Forest’ (2012) 73 The
Indian Journal of Political Science 385 <https://www.jstor.org/stable/41856600> accessed 14 March 2023.

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BIBLIOGRAPHY

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