perspectives and policies on forest management in india...

Chapter One

Perspectives and Policies on Forest Management in India: Special Reference to Orissa

Chapter One

Perspectives and Policies on Forest Management in India: Special Reference to Orissa

This chapter makes an attempt to discuss about the various Forest Policies in India since

Colonial period in a broader perspective followed by the impact of Forest Policies on tribal

livelihood and their socio~economic lifestyle. It also makes an endeavour to discuss the

various Forest Policies of Orissa in general and Forest Management System in particular.

The main objective of the thesis is to focus light on the role of Panchayati Raj Institutions

in forest resource management in the scheduled area. The focal point of this· study is on

Koraput district as it is categorised as a Scheduled Area under the fifth Schedule of the

Constitution of India.

The history of forests in India, as anywhere else in the world, is related to the

history of civilization. The civilization began in India at Mahenjodaro and Harappa much

before the arrival of the Aryans. There is also evidence of a thriving Dravidian Civilisation

existing deep in the South about 2000 B.C. There is, however, no such record to indicate

whether the Indus Valley Civilizations in the north perished because of wars with the

foreign invaders or because of the breakdown of the eco-systems, from where they

subsisted. But the evidence is there to demonstrate that the people in that period used wood

for their requirement and at the same time, they venerated trees. Even the Dravidian

Civilisation lived in con~vnance with its eco-system, i.e., forests. The consonance was not

the result of any design on the part of the people but just happened that forests produced

more than what people needed. The people were few and their requirements did not exceed

Per.spective and Policies on Forest Manageme/11 ..

British Forest Policy

The Forest Policy in modern India started during the British period when the Britishers

learned the commercial value of Indian forest resources. The traditional framework of

forest use was over-ridden in the second half of the nineteenth century, when the Britishers

realised the commercial value of India's forests resources. Later they gained control over

the forest resources in the name of"Scientific Forest Management".

Historically, modern Forest Policy in India began in 1855, when the first Governor

General Lord Dalhousie issued a memorandum entitled "Charter of Indian ForesC. 5 Under

the 1855 policy, the British government restricted the rights of the forest dwellers over

forest resources.6 In order to implement the 1855 policy, the British government set up an

administrative system, i.e., the Forest Department. 7 However, for the first time. the

systematic management of forest began in India with the appointment of a trained German

rorester Dietrich Brandis as the first Inspector General of Forest in 1864. The vc, _~

objective of the management of forests was to restrict the supplies of timbers for various

purposes and protect and treat it as a growing biological entity. Also the Government

abandoned the rights ofthe individuals on forest resources and all government forests \\ere

made inalienable. In this regard the Inspector General set an immediate task before the

newly created Forest Department, such as (i) exploration of resources, (ii) demarcation of

reserves, (iii) protection of forests from the fire, (iv) control on shifting cultivation and (v)

assessment of growing stock in valuable reserves by sample enumerations and prescription

s Joe Human and Manoj Pattanaik, Community Forest Management, New Delhi: Oxfam, 2000. p. 25. 6 Buddhadeb Chaudhuri, op. cit., p. 234. · ' Subash C. Kashyap, National Forest Policy, New Dehi: Lok Sabha Secretariat, 1985, p. 18.

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Perspective and Policies on Forest Management ....

of yields which could be sustained. 8 The objective ofthe Government of India was to treat

forest as a state property and restrict the rights of forest dwellers over the forest resources.

In order to know the forest policies systematically, it is important to focus on various forest

legislations during the British Government. Here is a brief introduction of each of this

legislation:

Forest Act, 1865

The first Forest Act 1865, which was passed under the British rule for the management and

preservation of government forests, came into force on I 51 May, 1865. The primary

objective of the Act was to empower the government to declare any land which was

covered with trees or brushwood as forest by its notification. Under the Act, the

Government was empowered to make rules relating to the preservation of trees. Under this

Act the government was also empowered the forest administration to give punishment if

anyone breaches the provisions of the Act.9 However, the forest which had considered as

common-property resources, prior to Britishers came under the authority and control of the

government under the Act. 10

Forest Act, 1878

The Indian Forest Act, 1878, was the revised version ofthe Forest Act 1865. It was more

comprehensive than the earlier Act, 1865. Under this Act, forests were classified into tlm~e

category, namely, i) Reserved, ii) Protected and iii) Village Forests. Through this Act the

British Government further empowered itself and restricted the forest dwellers to move

K J. B. La!, op cit., p. 19. "Sharari Kulkarni, op. cit., p. 87. 10 Joe Human and Manoj Pattanaik, op. cit., 1-J. 25.

26

Perspective and Policies on Forest ManaRement ....

inside the forest. 11 Under this Act, the government notified to forest dwellers to prefer

their claims over land and forest produce in the proposed reserved forests. In this Act.

Forests Settlement Officers were proposed to record,such rights over forest to ensure their

rights. These provisions included setting out some other forest tract to ensure the right of

pasture or to forest produce, altering the limits of the proposed forest so as to exclude forest

land of sufficient extent for the purpose of claimants and recording in order to ensure

claimants rights in certain portions of the proposed reserved forest. Certain acts I ike,

trespass or pasturing of cattle were prohibited in the reserved forests. The local

governments were given right to notify any forest or land as protected forest after

ascertaining the nature and the extent of the rights of government and of private persons in

and over the forest land or wasteland comprised therein. They were also empowered to

make rules to regulate and prohibit certain acts in protected forests.

Forest Policy, 1894

The Forest Policy, 1894, was the first forest policy in India. In this policy, the British

Government made two major enunciations: first, the conservation of forest is the primary

than the claims of forest preservation; and secondly, the public benefit was the sole object

of forest administration. 12 Further, this policy treated revenue generation from forest as

secondary because since 1854 forest was exploited for the purpose of commercialisation.

However, it had clearly stated that the Government could impose restrictions on the rights

of the forest dwellers because the state was the sole administering authority over forest.

11 Walter Fernandes et al., Forest, Environment and Tribal Economic, New Delhi: Indian Social Jnstllllte, 1988, p. 24. . 12 .1. 13. Lal, op cit., p. 20.

27


In the 1894 Policy, the British Government had to face pressure from the administration for

higher revenue. The primary factor of the pressure was that forest was the main source of

revenue for the Government but revenue was kept in second place. Meanwhile all other •

sou·rces of the revenue had dried up during that period. Secondly, the landowning classes

were politically strong enough at that time and they had the power to resist any increase in

faxes. Thus, in this policy, the tribals and the rural landless could be easily deprived of their

source of livelihood because they were the only groups without any bargaining power.

The major drawback of this policy was that the restriction of rights by the British

Government had negative impact on the forest dwellers. Due to this restriction. forest

dwellers suffered from malnutrition, impoverishment and indebtedness. Further, it led to

the overexploitation of forests which remained accessible to them after the Government

closed all other forests. Only after such destruction of forest, the 1894 Forest Policy was

changed, the British Government realised that forests need to be used for economic

purpose as well as for the survival of forest dweller because no other sources were

available f(lr their income. 13

Scientific Forestry

The Scientific Forestry had begun in the first quarter of the 20th century and received a

greater attention among the social scientists and environmentalists. In order to conserve

forest, the British Goverhment had applied two methods: a) regenerating forests and b)

silvicultural systems in different forests. Under the Scientific Forestry, the Government

took an attempt to restrict felling trees. For the management of forest plans were prepared

to ensure continuity of silviculltural practices for various forests and guaranteed that

II Walter Fernandes et al., pp. 24-25.

28


forests were "sustained yield", i.e., the annual cut should not exceed to the annual

increment in forests. Thus, in order to carry forward the policy, silviculral research was

organised and the forest Research Institute was established at Dehra Dun in 1906.

However a general defiance arose by the people on the British forest laws during

the movement of Indian Home Rule organised in 1916 and the Non Co-operation

Movement. To protest against the British rule, damage to forests was caused by fire and

unnecessary fellings in Bengal, Uttar Pradesh, Orissa, and Andhra Pradesh. People also did

not support the Britisher's imposition on forest under compulsion. The glaring example of

this kind is Garhwal where, half a century later, a people's movement 'Chipko ', was born

to protest against the commercial fellings of forests. The 'Chipko' movement proved that

persuasion and not coercion can secure people's support in forest protection. 14

Indian Forest Act, 1927

The Indian Forest Act, 1927, was new codified forest legislation on people's rights over

forest land and produce. The Act also strengthened the provisions of the Act of 1894. The

main objective of this forest legislation was to increase the revenue for the government. In

this Act, the Government, instead of conserving the forest for the interest of people,

allowed the export of valuable timbers for remunerative purpose. Under this Act, tea,

coffee, rubber and pine plantations were raised by cutting down large natural forests in

many hilly and mountainous regions of the country in order to serve the interest of the

Empire. 15

14 J. B. La I, op. cit., pp. 20-21. 15 Stephen Fuchs, "Indian Tribals and The Forest" in Buddhadeb Chaudhuri (ed.), Economic and Agrarian Issues, New Dehi: Inter-India Publications, 1992, pp. 375-376.

29


Forest Act, 1935

The Government of India Act, 1935, passed by British parliament brought forests in the

provincial legislative list. lnfact, the British forest po1icies were mainly aimed at supplying

of timber and other forest resources to their forest-based industries and commercial

exploitation of forests was encouraged at the cost of the tribals in the name of national

interest. Besides curtailing the various customary rights over forests, as the forest resources

were mostly collected through contractors, the tribals were the real victims of commercial

exploitation of forests. Observing serious exploitation in the process, Symington in late

1940, suggested that only the local people should be associated with the exploitation of

forest resources. There is no doubt that the various measures have taken place during the

British period restricted the rights of the forest-dwellers and the tribals, e:\tencled

administrative control over forests and resulted into its increasing commercial

exploitation. 16

The State of Forestry in India during the Two World Wars:

The World War-1

The World War-1, 1914-18, was a set back in the history ofthe Indian Forest Policy, the

march of the Scientific Forestry of the country was put in reverse gear. The large quantities

of timber, fire wood and other produces were exploited by the British commanders to fight

the War in the foreign soils. The plan of silviculture and the sustained yield was

conveniently forgotten during the War and the forest of India was oriented to a single

purpose, i.e., to meet the requirements of the Britishers in this War.

I(• Buddhadeb Chaudhuri, op cit., p. 235.

30


During the World War-1, large quantities timbers and other forest produces were being

destroyed to meet the requirement for the War and at the same time, the country did make

significant headway toward scientific working of forests in about twenty years of

separation of the Second World War. However, during this period, the working plans of

sustained yield were prepared for the areas declared as reserve forests, and the important

silvicultural problems, were nearly resolved by the British Government. Under the

silviculture programme the government took step on the natural regeneration of Deodar in

Himalayas, the artificial regeneration of teak in south India, the establishment of natural

regeneration of Sal in various parts of the country, the technique for reclamation of 'Chos'

(a cho is sandy stretch exposed by a change in the course of a river). ravines and other

eroded areas perfected and successful plantations raised in some refractory areas (in the

saline soils ofTarai and Bhabhar region ofUttar Pradesh). Attention was also given to wild

life conservation and a few pioneer sanctuaries were set up. During this period some

important legislative and administration developments also took place. In 1921, the subject

of forest administration was transferred to the Provincial Governments and in 1927, the

Indian Forest Act was revised once again. Later, the revised Act made provisions for

regulations of fellings in forests under private ownership.

However, the pattern of the forest working that evolved in that period was not a

positive development. The criterion fixed in the management of forest was neither for the

saving of forests from its injuries nor even securing good regeneration, but its resources

were obtained for maximum earnings to the State exchequer. Even, in the

post-independence India, the management of forest was not discarded till many years.

31


The World War-11

The World War- II was fought with much bigger demands on the forests of the country than

the earlier war. During this war, large quantities ofti}Tlber were felled in every parts of the

country, i.e., from the high up in the Himalayas to deep in the south to meet the

requirements of the war. Although the forest resources were exploited to meet the

requirements of the Britishers, but in the few years of gap to India's Independence large

efforts were made to raise plantations and introduced planned working in the forests by the

British Government. However, these efforts were little compensation for the ravages done

to the forests during war.

The British had given the country a tradition and a system of regular working of

forest management. Though the East-India Company plundered and used the forests for

their own benefits, the declaration of the British sovereignty to the transfer of power to

India made a sea change in the notion of the forest. 17 Thus, soon after independence, the

Government of India adopted various measures for sustainable management of forest.

Therefore, it is important to discuss about the various forest policies in the

post-Independent period.

Forestry in Independent India

In the post-Independent India, the country came to face various problems related to the

forestry. Soon after Independe~ce the Government took certain measures to preserve forest

resources; such as:

i) Introduction of systematic management in forest areas which formed parts of ex-princely

States:

17 J. B. Lal, op cit., pp. 21-23.

32


Though some of the relatively large princely states like Tavancore, Mysore, Hyderabad

and Jammu Kashmir had organized forest departments and introduced fair measures of

regularity in their forest working and some like B,hopal and the states in Central and

Eastern India States Agency had engaged trained foresters from neighbouring provinces or

British India and brought their forests under a reasonable state of working, by and large, the

ex-princely forests had been managed on an adhoc basis either to serve as a source of

revenue or to provide game for hunting.

ii) Consolidation and rehabilitation of large private forest areas which came to be vested in

the government as a result of Zamindari Abolitions Acts:

These forest areas were neither surveyed nor demarcated on the ground and while

some occurred in compact blocks, other were in small, scattered patches, interspersed '' ith

cultivations or habitations. The legal status of such areas was also nebulous. In many cases,

these areas were without any vegetation and had come to be treated as forests by virtue of

some omnibus declaration. By and large, all such were in a depleted state on account of

heavy fellings made by their former owners in immediate years before their being vested

into the government. The local market which had been starved oftimber for some years on

account of production, from government forest being diverted to make war supplies.

greedily accepted everything that came from rapid fellings in the private forests in few

years between the independence and the abolition of Zamindaris.

(iii) The solution of the problem of the growing rivalry for space between forests and

agriculture and of the use of forests as grazing lands for the increasing numbers of cattle.

33


(iv) Rationalisation of right and concessions of the local population on forests.

Concessions enjoyed by the local population in some ex-princely and ex-proprietary

forests were absolutely damaging to the concept of sustained production.

v) Revision of the old forest policy to give adequate weightage to the protective and

regulative services produced by forests and to evolve a system of balanced and

complementary land use.

vi) Creation of awareness in people that forest produced not only tangible goods but also

intangible services which were vital for the environmental stability. 18

All the above listed problems, primarily related to inadequacy of forest cover in the

country, both in qualitatively and quantitatively.

A new development took place in the area of forest management in the

post-independence phase. In the early 1950s, most of the states were enacted new

legislations affecting land tenure systems. Also, large areas of privately owned forests

came to rest with the Forest Departments of States. At the same time, the country had

adopted the Annual National Festivals of Tree Plantation, i.e., Van Mahotsavu and

measures were devised for wildlife and soil conservation on an all-India footing. 19 Later.

the newly National Forest Policy was emerged in independent India.

18 J. B. La I, op.cit., pp. 25-26. 19 Subash C. Kashyap, op cit., p. 7.

34


National Forest Policy, 1952

The 1952 Forest Policy is another important turning point in the evolution of forest

management in India. The National !'olicy, 1952, :was formulated on the basis of six

paramount needs, namely, (a) the need for evolving a system of balanced and

complementary land use; (b) the need for checking denudation of mountains, erosion

progressing along banks of great rivers, invasion of coastal sea-sands and the shifting of

land sand-dunes; (c) the need for establishing tree lands; (d) the need for ensuring

progressively increasing supplies and grazing, smallwood and firewood to release cattle

dung for manuring fields; (e) the need for sustained supply of timber and other forest

produce for defence, communications and industry; and (f) the need for the realisation of

the maximum annual revenue in perpetuity consistent with other needs.

In this policy, unlike in 1894, the forests were further classified functionally for the

broad policy for working practices. The functional classifications were:

' Protected Forests: those forests which must be preserved for physical and climatic

reasons· . ,

National Forests: which managed to meet needs of defence, communications and

industry; ·

Village Forests: those which provided firewood to release cow dung for farm manure: and

Tree Lands: those outside the organised forest management, yet necessary from the

e!1vironmental p~int ofview.20

20 Ibid., pp. 19-20.

35


Soon after the formulation of 1952 Policy, the emphasis was given to national interest. The

policy clearly pointed out that local interest and priorities should be subservient to national

interest in a broader perspective. Thus, this policy c)early stated that village communities

in the neighborhood of a forest will naturally make a greater use of its products for the

satisfaction of their domestic and agricultural needs. Such use, however, should in no event

be permitted at the cost of national interests. However, in the name of national interests, the

Government of India used the forest resources to meet the requirements of defence,

communications and vital wood based industries.

In the early stages of development close collaboration of influential groups such as

industrialists, timber traders, agriculturists and government spread all over the country

because wood-based industries were primarily depending on species form the forests. The

collaboration was not only resulted to make availability of large quantity of timber to the

wood-based industries at very low prices but also released land for the expansion of

agriculture. Indeed, it was enhanc.ed the income of government but in practice larger scale

forest resources were depleted.21

The drawback of 1952 policy was that even if emphasis was given on ecological

and social forestry but in actual practices the government went against it. In most parts of

the country large section of ecologically sensitive areas were destroyed to make way for

big projects such as power, mining, irrigation and industrial ventures and infrastructure

21 K. P. Kannan, "Forestry Legislation in India: Its Evolution in the Light ofthe Forest Bill-1980", in Walter Fernandes and Sharad Kulkarni, op cit.,, pp. 76-77.

36


like roads and railways. In this juncture through the contract lumbering system, huge areas

of forest have been clear-felled to raise revenue for the State. 22

National Commission on Agriculture, 1970

Since the enunciation of the National Forest Policy in 1952, developments of far reaching

importance had taken place in the economic, social and political fields. The Central Board

of Forestry (CBF) recommended the Government of India for the establishment of a of a

National Commission on Agriculture to study the National Policy and give

recommendation for a revised National Forest Policy. Following the recommendation of

CBF, the Government of India constituted National Commission on Agriculture (NCA) in

1970 to examine all aspects of agriculture including forestry. 23 As consequence, the

Commission published its report in 1976 with the recommendation that the National Forest

Policy should be based on the following important needs, viz.

(i) Managing the forest resources of the country so as to provide maximum goods and

services for the well being of the people and economic progress of the country.

(ii) Checking erosion in mountainous regions and catchments of rivers on which depend

perennial stream flows, fertility of the land in the catchments and the useful life of dams

and reservoirs.

(iii) Preventing erosion along treeless banks of rivers and on the vast stretches of

waste-lands and arresting the spread of sea sand on coastal tracts and of shifting sand dunes

in the Western Desert.

22 Joe Human and Manoj Patta'laik, op.cit., p.26. 23 Walter Fernandes and et al., p. 26.

37

Perspective and Policies on Forest Management.

(iv) Maximising the forest productivity with a view to meet the growing demand for

industrial raw materials, timber and other forest produce for defence, communications and

domestic needs and to augment employment potenttal with the ultimate aim of national

prosperity.

(v) Providing small timber and fuel wood requirements of the rural population.

(vi) Providing recreational and tourist opportunities in the forest without impairment of

forest resources including wild life and preservation of environmental balance.

(vii) Providing grass and grazing for livestock in forest areas ensuring that it is not harmful

to the forests.

(viii) Creating blocks of forest intersperse with cultivation or by introducing trees in large

numbers in the ecosystem, after careful selection, for maintaining a healthy relationship

between soil, vegetation and animal life and establishing diverse biotic complexes for

minimising chances and elimination of natural enemies of insects and other pests which

damage crop monoculture.

(ix) The Commission was also stressed that no such deforestation should be permitted

without the prior approval ofthe State Legislature. 24

However, the Commission has not paid a positive attention on the interest of the

forest dwellers. In its report, the NCA assumed that the deterioration of forests is due to

forest dwellers. Thus, NCA suggested for the restriction to forest dwellers in regulation of

nishtar rights, i.e., rights ofthe forest dwellers over some Minor Forest Produces (MFP). In

24 Subash C. Kashyap, op cit., pp. 23-24.

38


this regards, the NCA stated that it is desirable that nishtar should be regularised in suer a

manner that the deserving people get their essential requirements conveniently and at

reasonable rates, and productivity of forests is maint~ined.

The NCA also recognised that the major cause of encroachment of fort:st is

unemployment and gross underemployment. It stated that in rural area people earned to

live by way of unauthorised removal of fuel wood and small timber and sale in the nearby

semi-urban or rural market place. Thus, the commission suggested to generate more

employment opportunities in forest operation to control encroachment. The NCA had an

inadequate understanding of the socio-economic and psychological situation of forest

dwellers. Hence, the recommendation ofNCA was found wide range lacuna at the interest

of forest dwellers?5

The Forty-Second Amendment Act, 1976

The provision of environmental protection and improvement were explicitly incorporated

into the constitution by the 42"d constitution (Amendment) Act, 1976. The Article 48-A

was added in the Directive Principles of State Policy (DPSP) which declares that "The state

shall endeavour to protect and improve the environment and to safeguard the forests and

wild life of the country." Moreover the Article 51 A (g) in a new chapter entitled

''Fundamental Duties" imposes a similar responsibility on every citizen "to protect and

improve the natural environment including forests, lakes, rivers and wild life and to have

compassion for living creatures"26•

25 Walter Fernandes and et al., pp. 26-27. 26 Shyam Divan and Armin Rosencranz, Environment Law and Policy in india, New Delhi: Oxford University Press, pp. 44-45.

39


The forest was a subject in the State List in Seventh Schedule of the Constitution of India

till 1976. 27 It was included in the Concurrent List by the Forty-Second Constitutional

Amendment Act, 1976. Since the beginning of the Fifth Five Year Plan, the Social Forestry

schemes have been taken up under the all India policy recommended by the NCA. The

Social Forest Programme includes mixed plantation, rehabilitation of degraded forests,

rural fuel-wood plantation, coastal shelter belt plantation, farm forest etc. Moreover, as

part or the new 20-point economic programme of the Prime Minister, programmes of

afforestation, social and farm forestry were pursued vigorously.28

Social Forestry

The Social Forestry programme was initiated primarily to manage and protect forest and

afforestation in barren land for aiding in environmental, social and rural development 2'1

The Social Forestry programme was widely designed to meet the primary needs of the

tribal and rural population and completely opposed for the industrial and revenue purpose.

The objectives of the Social Forestry were (a) a mixed production system including fruit.

fodder, grass, fuel wood, fibre, small timber etc; (b) involvement ofthe beneficiaries right

from the planning; (c) minimal government control; (d) financial contribution by local

bodies, voluntary contribution, government subsidies; and (e) use of communal and

government lands. 30

~ 7 Buddhadeb Chaudhuri, op cit., p. 236. 28 L. K. Mahapatra, "Parameters of Forest Policy for Tribal Development", Social Action, Vol. 44, ~o.4, October-December, 1994, p. 97. '" S. S. Negi, Forest for Social-Economic and Rural Development in India, New Delhi: ivl. D. Publications Pvt. Ltd., 1996, p. 163. . 30 L. K. Mahapatra, op cit., p. 97.

40


The Draft Forest Bill, 1980

The draft of Indian Forest Bill, 1980 was commenced on the basis of recommendation of

the NCA. The main provisions of the bill was that th.7 forest includes any land containing

trees and shrubs, pasture lands and any land whatsoever which the State Government may

by notification declare to be forest. The bill shows that government can declare any land

which neither have neither trees nor shrubs as forest lands. Similarly forest produce is

delined as to include trees, leaves, flowers, fruits, latex and other produce, all types of

grass, creepers, orchids and moss and all produce of plants.

Under the Bill 1980, forest was divided into three classes such as reserved forests,

protected forests and village forests. This distinction was made mainly to ensure the rights

of the people over forest produce. It was also laid down certain provisions that the claims

relating to the practice of shifting cultivation would not be ordinarily considered. exc~ ?t

under the certain circumstances.

Meanwhile, the bill was laid down numerous of provisions which prohibited the

people for the access of resources in reserved and protected forests and prescribed

punishments for committing the prohibited acts. The forest officers were given wide range

of powers to arrest and seizure of property to deal with the offences committed in respect of

forest under this bill. The provisions of the bill recognised the state's right over forest lands

and forest produce and ignored the rights of large sections of communities especially those

who has been connected with forest produce. It also denies the real worth of forest as a

source of livelihood for millions of poor. Having such short come in the bill. the

41

Perspective and Policies on Forest Management ...

Government of India received wider criticism from social activist, environmentalists, legal

and other professionals.

As a result, the Central Board of Forestry convened a meeting of forest ministers

from all states on the 71h August, 1982 to discuss the criticisms. The discussion was ended

with formulation of a new draft forest policy. The Board also suggested to give emphasis

on greater importance on afforestation rather than the revenue generation. 31

Moreover the new forest policy demanded on involvement of the people in its

formulation and implementation. In this new approach, a Committee was constituted under

the Chairmanship of Prof. B. K. Roy Burman on Forests and Tribals in India. The

committee emphasised in its Report that on the "symbiotic relationship" between the

forests and the forest dwellers. Further, the Committee strongly recommended for full

participation of the local inhabitants in the reforestation and afforestation programmes. It

also very clearly stated that no developmental activities should have taken place at forest

areas without the development of the forest dwelling communities. Besides this, the

Committee suggested for the integration of rural development, afforestation and industrial

development in a way that will not marginalise the local community. 32 Later a new Forest

Policy 1988 came into force.

National Forest Policy, 1988

The National Forest Policy, 1988, was another historic move by the central government.

The 1988 Policy was a turning point in the history of forest management in India. The

31 Sharad Kulkarni, op.cit., pp. 91-92. 12 Walter Fernandes, op cit., p. 27.

42


national goal ofthe policy was, to have a minimum of one-third ofthe total land area of the

country under forest or tree cover. In the hills and in mountainous region, the aim should be

to maintain two-third of the area under such cover ip order to prevent erosion and land

degradation and to ensure the stability of the fragile eco-system.

The basic objectives ofthe 1988 Policy are:

1. Maintenance of environmental stability through preservation and where necessary,

restoration of the ecological balance that has been adversely disturbed by serious

depletion ofthe forests of the country.

ii. Conserving the natural heritage of the country by preserving the remaining natural

forests with the vast variety of flora and fauna, which represent the remarkable

biological diversity and genetic resources of the country.

111. Checking soil erosion and denudation in the catchment areas of rivers, lakes, and

reservoirs in the interest of soil and water conservation for mitigating floods and

droughts and for the retardation of siltation of reservoirs.

iv. Checking the extension of sand dunes in the desert areas of Rajasthan and along the

coastal tracts.

v. Increasing substantially the forest/tree cover in the country through massive

afforestation and social forestry programmes, especially on all denuded, degraded

and unproductive lands.

v1. Meeting the requirements of fuel-wood, fodder, minor forest produce and small

timber of the rural and tribal populations.

vii. Increasing the productivity of forests to meet essential national needs.

43


viii. Encouraging efficient utilisation of forest produce and maximising substitution of

wood.

ix. Creating a massive people's movement with the involvement of women, for

achieving these objectives and to minimise pressure on existing forests.

The policy also clearly stated on Afforestation, Social forestry and Farm forestry. In

this regards the emphasis was given on:

1. A massive need-based and time bound programme of afforestation anJ tree

planting with particular emphasis on fuel-wood and fodder development on all

degraded and decuded lands in the country whether forest or non-forest land is a

national imperative.

11. It is necessary to encourage the planting of trees along the side of roads, railway

lines, rivers and streams and canals, and on other unutilized lands under

state/corporate, institutional or private ownership. Green belts should be raised in

urban/industrial areas as well as in arid tracts. Such a programme will help to check

erosion and desertification as well as improve the microclimate.

iii. Village and community lands, including those on foreshores and environs of tanks,

not required for other productive use, should be taken up for the development or

tree crops and fodder resources. Technical assistance and other inputs necessary for

initiating such programmes should be provided by the government. The revenues

generated through such programmes should belong to the panchayats where the

lands are vested in them; in all other cases, such revenues should be shared with the

local communities in order to provide an incentive to them. The vesting in

individuals, particularly from the weaker sections (sudi landless labour, small and

44


marginal farmers, scheduled castes, tribals, and women) of ce11ain ownership right

over trees, could be considered, subject to appropriate regulations; beneficiaries

would be entitled to usufruct and would in turn be responsible for their security and ·.

maintenance.

iv. Land laws should be modified wherever necessary so as to facilitate and motivate

individuals and institutions to undertake tree-farming and grow fodder plants,

grasses and legumes on their own land. Wherever possible, degraded lands should

be made available for this purpose either on lease or on the land should be subject to

the land grant rules and land should be subject to the encourage them to do so must

be taken. Appropriate regulations should govern the felling of trees on private

holding.

The 1988 policy was also given certain rights and concessions to the people those who

are living in or around the forest, such as:

1. The rights and concessions, including grazing, should always remain related to the

carrying capacity of forests. The capacity itself should be optimised by increased

investment, silvicultural research and development of the area. Stall-feeding of

cattle should be encouraged. The requirements of the community, which cannot be

met by the right and concessions so determined, should be met by development of

social forestry outside the reserved forests.

11. The holders of customary rights and concessions in forest areas should be

motivated to identity themselves with the protection and development of forests

from which they derive benefits. The rights and concessions from forests should

45


primarily be for the bonafide use of the communities living within and around

forest areas specially the tribals.

111. The life oftribals and other poor, living within and near forests, revolves around

forests. The rights and concessions enjoyed by them should be fully protected.

Their domestic requirements of fuel~wood, fodder, minor forest produce and

construction timber should be the first charge on forest produce. These substitute

materials should be made available through conveniently located depots at

reasonable price.

1v. Similar consideration should be given to scheduled castes and other poor living

near forests. However, the area, which such consideration should cover, would be

determined by the carrying capacity of the forests.

Further, the 1988 Forest Policy highlighted the symbiotic relationship between the

tribal people and forests. It was also stated that the primary task of all agencies and forest

development corporations is to associate the tribal people in protection, regeneration and

development of forests, for gainful employment to people living in and around the forest.

Moreover this policy emphasised on safeguarding the interest of forest dwellers

highlighted in the following:

1. One of the major causes for degradation of forest is illegal cutting and removal by

contractors and their labour. In order to put an end to this practice, contractors

should be replaced by institutions such as tribals cooperatives, labour cooperatiws,

government corporations etc. as early as possible;

11. Protection, regeneration and optimum collection of minor forest produce along

with institutional arrangements for the marketing of such produce;

46


iii. Development of forest villages on par with revenue villages;

IV. Family oriented schemes for improving the status of the tribal beneficiaries and

undertaking integrated area development programmes to meet the needs of the

tribal economy in and around the forest areas including the provision of alternative

sources of domestic energy on a subsidised basis to reduce pressure on the existing

forest areas.

The policy also stated that shifting cultivation has been affecting the environment

and productivity of the land adversely. To discourage the shifting cultivation, the policy

focused on improvement of agricultural practices and propagated to improve the area

which was already damaged by such cultivation should be rehabilitated through social

forestry. Besides this, the policy also emphasised on forest-based industries. While

addressing the establishment of forest-based industries, the policy was stated that the

supply of raw materials to them is as follows:

i. As far as possible, forest-based industry should raise the raw material needed for

meeting its own requirements, preferably by establishment of a direct relationship

between the factory and the individual with inputs including credits, constant

technical advice and finally harvesting and transport services.

11. No forest-based enterprise, except that at the village or cottage level, should be

permitted in the future unless it has been first cleared after a careful scrutiny with

regard to assured availability of raw material. In any case the fuel, fodder and

timber requirements of the local people on priority but also involve them fully in

raising trees and raw material.

47


111. Natural forests maintain ecological balance. Such forests wi II not therefore, be

made available to industries for undertaking plantation and for any other activities.

1v. Farmers, particularly small and marginal farmers, would be encouraged to grow on

marginal/degraded lands available with them, wood species required for industries.

These may also be grown along with fuel and fodder species on community lands

not required for pasture purposes and by forest department/corporations on

degraded forests not earmarked for natural regeneration.

v. The practice of supply of forest produce to industry at concessional prices should

cease. Industry should be encouraged to use alternative raw materials. Import of

wood and wood products should be liberalised. 33

The 1988 Forest Policy was broadly focused on environmental stability, restoration

of ecological balance and preservation of biological diversity of the country. Besides this.

checking soil erosion and increasing tree cover were the two other important objectives.

The policy for the first time emphasised to involve people especially women to achieve the

above objectives. While addressing the needs of the forest dependent communities, the

policy highlighted on proper management ofNon-Timber Forest Products (Minor Forest

Produce). Further, in January 1989, the Government of India directed to all States

Governments to work out the modalities to ensure the active participation of village

communities living close to forests in the afforestation programme. Moreover, the policy

mentioned that committed Voluntary Agencies/NGOs with proven track record might be

33 Ministry of Environment & Forest, National Forestry Po/icy-1988, New Delhi: Government of India, Available in Website: http://envfor.nic.in/nfap, Accessed Date. 21.6.2006.

48


particularly helpful in organising village communities for the protection, afforestation and

development of degraded forest lands. 34

In order to preserve forest, the governmenqealised that the key to success lies in

the people themselves and the local knowledge, skills and traditions are valuable assets in

this programme. Thus, the Government of India initiated a programme in encouraging

shareholding system and other forms of partnership to promote long-term commitment in

management of forest and ensure that the real benefits of forest will reach to the rural

communities. Later on the programme of Joint Forest Management (JFM) evolved in the

process of conflict and compromise between the government and forest communities.

Joint Forest Management Policy (JFM), 1990

After a long history of forest policy, the policy planners and forest administrators began to

develop new strategies to reduce the conflict between the state agencies and rural people.

An attempt was made to facilitate the emergence of collaborative forest management

systems that responded to national needs and local resources requirements. In this strategy,

it came to widely recognise that the active involvement of rural and tribal people living in

and around forest was crucial for the ultimate success of forest protection, regeneration and

management activities. In this perspective, the National Forest Policy, 1988, outlined the

scope for people's participation in forest management in one of its basic objectives. The

policy highlighted on "creating a massive people movement with the involvement of

women for achieving these objectives and to minimise pressure on existing forests''.

34 S. Palit, Structural Changes in Forest Departments, New Delhi: World Wide Fund for Nature, 1999, pp. 8-9.

49


The broader parameters of people's participation were determined by June 1990 circular of

the Government of India. In this circular, the government outlined Modus Operandi for

involvement of local people living in and around forest areas and the NGOs to jointly

regenerate the degraded forests in the country.35

The Salient features of the JFM model of forestry programme:

1. Access to forest lands and usufructory benefits therein will belong to nearby

villagers only if they form an association. Each member is then an equal-share

beneficiary.

11. Beneficiaries shall be entitled to usufructs like grasses, lops and tops of branches

and all non-timber forest produce. On the successful protection of forest, they are

also to be given a portion of the proceeds from the sale of trees when they mature.

111. Along with trees for fuel, fodder and timber, the association may plant fruit trees as

well as shrubs, legumes and grasses in the allotted forest patch.

IV. Grazing in the forest allotted to the association is prohibited, as the beneficiaries

can cut and carry grass free to their cattle sheds.

v. No ownership or lease rights over the forest land including assignment of the forest

land will accrue.

vi. In case of failure to protect the area from grazing, encroachment etc. the

usufructory benefits may be withdrawn.

Under the above provisions ofthe JFM, the programme outlined the vital role to the

forest department in implementing the programme effectively. In the first step, the forest

officials should have select villages on the basis of its proximity to the forest. The Forest

35 Ministry of Environment & Forests, National Forest Po/icy-1988, New Delhi: Government of India, Available in Website: http://envfor.nic.in/nfap, Accessed Date. 23. 6. 2006.

50


Range Officer and Divisional Forest Officer (DFO) pay a visit to the selected village and

the DFO addresses the villagers and educate them about the importance of conservation.

Such visits were repeated till the villagers were somewhat interested in JFM. After this

exercise of micro plan formulation, a Vana Sanrakshana Samiti (YSS) or Village Forest

Protection Committee (VFPF) would be formed at village level. All the inhabitants of the

village were enrolled as members and they elected 12-15 members amongst themselves as

Core Committee members including a chairperson. A minimum of 30 per cent of these are

women. A Memorandum of Understanding (MoU) would be signed between the VSS

members and the Range Officer, wherein the VSS members affirmed their understanding

and approval of co-operation with the Forest Department. Later, the villagers undertake to

protect and work upon the demarcated and allotted JFM land on the condition that the VSS

would be entitled to a share in the usufructs and the returns. 36

The initiative of government for people's participation in forest management

widely accepted in the country. With this national resolution, 22 states had approved the

guidelines of JFM. The states who have implemented JFM programme are Andhar

Pradesh, Arunachal Pradesh, Assam, Bihar, Gujurat, Himachal Pradesh, Haryana, Jammu

& Kashmir, Kerala, Karnataka, Madhya Pradesh, Mizoram, Maharastra, Nagaland. Orissa.

Rajasthan, Punjab, Sikkim, Tripura, Tamil Nadu, Uttar Pradesh and West Bengal, Goa,

Manipur and Meghalaya are yet to implement the JFM programme. So far no Union

36 Ali Raza Moosvi, Rural Development Through Joint Forest Manageme!lt: A Case Study, in G. P. Mishra and B. K. Bajpai (eds.), Community Participation in Natural Resources Management, Delhi: Rawat Publications, 200 I, pp. 297-298.

51


Territory has opted for JFM. For effective implementation, the programme is being

monitored by a JFM Cell in the Ministry in the Forest Protection Division. 37

The primary objective of JFM was to ensure sustainable use of the nation's forest to

meet local needs equitably while achieving India's broader environmental goals. In the

state level, most state forest departments have now been authorised to establish formal

dialogues with communities and devolve some management responsibilities to them which

is central to their survival. However, many conflicts have been existed between villager's

expectations and needs and state guidelines for forest management and product sharing. At

the official level, the forest department is reluctant to grant greater rights to forest

protection groups because they have been controlling forest for more than a century. Thus,

the government's control over forest contradicts in the community management system of

forest at the village leve1. 38

In this regards, the community management groups were responded differently in

region to region. Reacting on this JFM programme, some contend that the forest

department's recognition of independent community forest management activities may be

use to co-opt and bring them under government control. In some areas villagers are

extremely wary of the forest department's involvement and banned them to enter their

areas. In other regions, village communities are anxious that the forest department staff

register their groups and demarcate their protected forests .

.ll Ministry of Environment & Forests, National Forestry Policy-1988, New Delhi: Government of India, Website: h!tp://envfor.nic.in/nfap, Acceessed Date. 23. 6. 2006 . . ls Mark Poffenberger and Chatrapati Singh, "Communities and the State,: Re-establishing the Balance in India Forest Policy", in Mark Poffenberger and Betsy McGean (eds.), Village Voices, Forest Choices: Joint Forest Man.agement in India, Delhi: Oxford University Press, 1996, pp. 62-63.

52


The JFM programme has some quite successful story from the different corners of the

country. N. C. Saxena in his study on "Panchayats and Common Land Afforestation in

India" discusses about the success story of community forest management practices in

West Bengal. He stated the guidelines issued by the Government of India in a pilot project

begun in Arabari in Southern West Bengal in 1970s. This project was based on involving

communities in the protection of degraded forest lands dominated by Sal (Shorea rohusta).

In return, for protecting the Sal forests, the Forest Department agreed to give the villagers

all the non-timber forest products (NTFPs) and 25 per cent share in timber. This

arrangement proved to be quite successful that the villagers protected the natural Sal

forests from fuel wood cutting and benefited from the other resources. Along with the Sal

trees, other species were also grown up in this area which resulted the steady increase of

income of the women through collecting non·timber forest products. 39

In Siwalik Hill in Haryana, people's participation in conservation of forest brought

successful in the benefit sharing in the Sukhomajri village. A committee known as the'' Hill

Resource Management Sociezies" took an initiative in involving the people in this

programme in management of forest. The main functions of the societies which working

under the forest department or non-governmental organisation are, i) to participate in tree

planting and protection, construction of check dams and other programmes; ii) to control

grazing and fodder removal in the catchments; iii) extraction ofbhabar grass; iv) to manage

the irrigation facilities and v) oversee the distribution of other benefits.

39 N. C. Saxena, "Panchyats and Common Land Afforestation in India", in Amitava Mukherjee (ed.), Decentralisation: Panchayats in the Nineties, New Delhi: Yikas Publishing House Pvt. Ltd .. 1994, p. 54.

53


The forests of Harda Forest Division in Hoshangabad district of Madhya Pradesh were

severely degraded due to excessive biotic pressure in the form of removal of fuel wood,

fodder and grazing. However, the forest department of this region rehabilitated the

degraded forest through involvement of the local population. In 1992-93, an

eco-development centre was set up for training the staff in the modern concepts of

eco-development. In the beginning, people from about 15 villages came forward but within

a short span of time more than 150 village protection committees had come into existence

and brought about 75 per cent of the total forest area of this division under their purview.

This people's participation in protection of forest resulted the availability of fuel and has

gone up by about four times. Even in some villages, surplus grass has been sold in the

market and earned money for their welfare.

In Udaipur, Rajasthan also brought similar changes in people's participation in

management of forest. Eklingpura is a small village situated in the Aravalli Hills near

Udaipur. The forests of this area have been devasted due to biotic pressure. In 1988, an

initiative was taken up by local people to organise the villagers for protecting the forest

land in the vicinity of the village. The forest department took up a plantation programme

and planted about 250 hectares of plantation between I987 and 1990. This enhanced the

production of grass and other fodder and increased milk production which is the main

source of income for the villagers.

In Orissa, a similar change has also been brought by the forest protection

committees. Budhikhamari is a small village in Mayurbhanj district of Orissa. The Sal

forests around this village had been devasted due to excessive biotic pressure. In the course

54


of time, the situations worsen due to lack of regeneration programme. This began to have

an adverse impact on the life of the villagers as they had to move to long distances to get

their requirements offuel wood, fodder and other forest products. Under this difficulty, the

range officer took the initiative of involving the local population in the rehabilitation of the

degraded forests. As a result Village Forest Protection Committees were formed first at

Budhikhamari and later in seven other villagers. These committees achieved instant

success and later similar committees were set up in 79 villages of the area. The villagers

take the minimum requirements of forest products without degrading them. They were also

involved in plantation activities. This has given good results and has immensely benefited

the local communities.40

Although the JFM programme began with larger expectation but structurally it does

not maintaining uniformity. In the case of both Haryana and Rajasthan the government

orders indicate that community-based Forest Protection Committees become lonna! bodil!s

through registration under the Indian Societies Act. In Orissa, the Panchyat is suggested as

the management unit. The Bihar resolution suggests that village development committees

are the primary unit. While all state, resolutions suggest that community management

groups took the responsibility for forest protection. However, in some states management

groups took a specified form in terms of committee membership, leadership, meetings and

record-keeping. Thus, both the national and some state resolutions were not clearly

specified the ownership or lease rights under the guidelines of JFM programme.41

40 S. S. Negi, op cit., pp. 77-80. . 41 Mark Pofenberger and Chhatrapati Singh, op cit., pp. 65-66

55


Further, the com~unity right over forest was not clearly mentioned in the JFM programme.

In many forest ~reas of India, communities were historically possessed as range of

customary legal rights over forest resources, i.e., nistar, which have been recognised under

earlier forest acts. In the past decades, national and state governments have reduced these

rights to revocable privileges. If communities are to have the authority and confidence to

protect and manage forest lands, their rights need to be made clear and well established.

Under the emerging JFM programmes, forest departments are also establishing

new agreements with communities and extending new rights to local groups. However, this

process creates problems while the earlier rights-holder were excluded tl·om the new

agreements or pre-existing rights were not recognised. At present, there are still large areas

in India where the customary forest rights have not yet been settled. The bureaucratic

agencies often have little detailed information on local resource use patterns and perceived

access right. Therefore, for the successful implementation of the programme, the Forest

departments need to be effective in creating opportunities for neighbouring villages to

reach resource-use agreements among themselves and ratify their decisions. In the case of

south-west West Bengal, the Forest Protection Committee had negotiated with

neighbouring communities to clarify rights and territorial responsibilities when they began

to initiate protection activities. In many cases, these communities were avoided conflicts

with their neighbours over forest-rights and access.

Even, in Eastern India, many villages have demonstrated that they can conduct

much of the negotiation on their own or with the assistance of the local government. Tht!

forest department, however, holds ultimate responsibilit)' for ensuring that its agreement

56


with management groups does not create conflicts over pre-existing rights. Once an

inter-village consensus has been reached in forest management rights, such agreements

would continue for long period without any disturbance.42 Thus, under the guidelines of

central JFM programme, state government needs to ad.dress the customary rights of forest

dwelling communities and also with the tenurial security, so that the JFM programme will

successfully achieve its objectives.

Women Participation in JFM Programme:

The central resolution of the JFM programme lacks clarity regarding the role of women in

its system. In the state resolution, indifferences found in the women participation in JFM

programme. In the case of Gujarat the resolution of the state requires at least two women

members on community management committees. Whereas in Haryana both male and

female household heads be members of the community forest management society.

Moreover women's participation in JFM cannot be achieved through legislation of

provisions. At the local level, communities should perceive its importance and male

members will need to support it. In most of the states, the JFM committee is entirely

dictated by men. Mark Poffenberger and Chhatrapati Singh argued in their study on Orissa

that in the meeting of Forest Portection Committee (FPC) women were not allowed. Even

where women were formally represented on FPCs they are often shy to speak before the

gathered men. This is because the social structure of the Indian society, where the tradition

& customs of rural society do not provide any scope to stand & speak before the gathered

male members as well as officials. The major problem lies in the JFM programme at the

42 Ibid., pp. 72-73.

57


official level that the field-level staffs of forest department are male. Thus most cases it

was found that lack of communication between forest department staffs and women. ~ 3

Catherine Locke argued that women are commonly excluded or unable to

participate in community institutions for JFM. The male foresters and the male villagers

are not allowing women to participate in JFM committee. In the Central Himalayas,

women .are effectively conscripted to forest committees in order to fulfil the formal

requirements of JFM resolutions. However, women members are reluctant to participate in

meetings, tend to leave as soon as they have signed the register or send a male relative in

their stead. 44 It shows that JFM programme suffers from gender inequities in rural Indian

society. Thus, until rural women are granted status and greater opportunities, the role of

females in the management of forests even within JFM programmes will be constrained. 45

The JFM programme initiated to manage forest resources with the partnership of

Government and people but in rural area communities have been managing resources

much before the commencement of JFM.

Scheduled Tribes (Recognition of Forest Rights) Bill, 2005

The Scheduled Tribes (Recognition of Forest Rights) Bill, 2005, is proposed to address the

needs and aspirations of the forest dwellers. As far as the tribals are concerned, this Bill

recognised that the "historical injustices" has been done to tribal communities by the

government both the colonial and post-colonial period and they respect the forest policies,

~ 1 Ibid., p. 72. 44 Catherine Locke, "Women's Representation and Roles in 'Gender' Policy in Joint Forest Management" in Roger Jaffery and Nandini Sundar (eds.), A New Moral Economy for India's Forests? Discourses of Community and Participation, New Delhi: Sage Publication, 1999, p. 245.' 45 Mark Poffenberger and Chhatrapati Singh, op cit., pp. 65-73.

58


which denied them rights to forest, excluded them from its management and over-exploited

the forest for commercial gains. 46 The main provision of the Bill is to legally entitle forest

land of 2.5 hectare of forest land to those tribals, who have occupied forest land before

October 25, 1980. But the tribals, who have occupied f<;>rest land after the above mentioned

date will simply be evicted from the occupied forest land. So, the government should take

necessary steps to address these people as well. Long term economic interest can and does

become a strong motivation of protection of resources. But this requires a strong

commitment to the welfare as well as people, which is sadly lacking among those who are

entrusted with the fate of both.

Forest Policy in Orissa:

The forest of Orissa for the first time came under the notice of the authorities from 1862,

although the Orissa Forest Divison was created only in 1883. Orissa was then a part of the

Lower Provinces of Bengal and Assam. In 1891, Orissa was divided into two Forest

Divisions, viz., Anugul and Puri. The earliest efforts made in respect of forest plantation

appear to be Teak plantations raised in parts of Puri Dis ion. The Barunei Teak Plantations

were the earliest and the first plantation was raised in the year 1893.

When Orissa was separted from Bengal and became a part of Bihar and Orissa on

the I 51 April, 1912, the province of Bihar and Orissa had 8 divisions with a total area of

9,591 sq. k.m. of reserved forests. Out ofthese 8 divisions, the then Orissa had 3 divisions

with an area of 3,629 sq. k.m. of reserved forests. In addition, there were protected forests

some of which were demarcated and some not demarcated. There were extensive forest

46 lndiara Munshi, "Scheduled Tribes Bill, 2005", Economic and Political Weekly, Vol. XL, No. 41, October 8, 2005, p. 4406.

59


under Zamindars and these were not controlled by the Government. The Zamindars did not

manage forests but enjoying the benefits of cutting down the trees to augment their own

revenues. For the Zamindars, the forests were considered expendable property, more

importance being given for establishment of human h~bitation. As a matter of fact, many

zamindars allowed people to cut down forests for agriculture and after some years when

results of successful cultivation were observed they assessed land revenue on the new land.

This obviously led to the destruction of forests over land which could not sustain

permanent agriculture but could have sustained useful forests.

On I 51 April, 1936, when the new province of Orissa was created, Orissa had its

own direction in the Forests department. A Conservator of Forests was appointed to look

after the forests of Orissa and efforts were made for the demarcation of more· reserved

forests. On the 1st April, 1936, Nine Forest Divisions were also created, viz., Anugul, Puri,

Sambalpur, Barapahar, Ghumusur South, Ghumusur North, Baligurha, Phulabani and

Paralakhemundi.

The year 1948 brought forests of erstwhile princely states under the control of the

Orissa Forest Department. The Mayurbhanj forests, however, came under the

administrative control of the Orissa Government in January 1949. The forest of the

princely states known as the Eastern States Agency were under the expert supervision of an

expert Forest Advisor, Mr. Mooney and attempts were made to regulate fellings etc., in

some sort of a plan. Vast tracts of forest areas of some of the states were, however, kept

outside management of the Forest department with the hope of establishing new villages in

these areas. On the other hand, there were other states like Ba,mra where all land were not

60


directly tenanted by the people are put unde~ the Forests department of the state for

management. There was no law governing forest management during the Durbar period.

After merger, the Indian Forest Act, 1927, was extended with effect from the 151 April.

1948, by the Administration of Orissa State's Order, 1948. The Merged States (Laws) Act,

1950 which repealed the Administration of Orissa State's Order, 1948, also extended the

Indian Forest Act to all the ex-states for effective management of the forests. The Indian

Forest Act was amended by the Orissa Amendment Act 11 of 1954 which inserted section

20-A to the Act. Under this provision of law, any forest land or waste land in the merged

territories which had been recognised by the ruler as reserved forests in pursuance of any

law, custom, rule, order, working plan or register etc., immediately before the merger shall

be deemed to be reserved forests for the purposes ofthe Indian Forest Act. All other forests

which were recognised in the merged territories as Khesra forest, vi II age forest under the

Indian Forest Act. This Indian Forest Act was in force till it was replaced by the Orissa

Forest Act, 1972, which came into force with effect from the 141h July, 1972. The

provisions of the 1972 Act contained similar to those of the Indian Forest Act regarding

forest reservation, protection, contracts, control etc. The forests in the ex-princely states

were generally well preserved prior to independence except for some over fellings during

the World War-11.

Some control was imposed on private forest in Orissa by the Orissa Preservation of

Private Forests Act, 1947. Already most ex-Zamindari forests were very seriously denuded

and when the Estate Abolition Act of 1951 was enforce, about I 9,942 sq. k.m. of badly

managed ex-Zamindari forests came under the Government, although these were

physically transferred to the control of Forest department in 1957.

61


In the earliest period the Anugul forest were worked under the system of selection felling

where by damaged and unsound trees of and above certain sizes were only allowed to be

felled and removed. Due to extensive rights and privileges allowed to be exercised by the

tenants in the protected forests, the undermarcated forests practically vanished and

demarcated forests were seriously damaged within a few years after independence, before

realization of the extent of damage incurred and its serious repercussions.

With the realisation of the serious consequences of destruction of forests in the

catchment of important rivers especially in frequent floods caused in the major rivers of

Orissa, attempts were made to afforest catchment areas of these rivers. The Central

Government made special allocations for such efforts. Along with other soil conservation

measures afforestation was also encouraged. Attempts were also made to raise various

vegetative covers in coastal areas to reduce the affects of blowing sand onto cultivated land

or to reduce the affects of cyclonic storms in the coastal areas. Attempts were also made to

bring about vegetative cover on barren hills destroyed due to over-fellings in the past and

also areas damaged by shifting cultivation in the hilly areas ofKoraput, Phulbani, Ganjam,

Keonjhar and Sundargarh districts. The Government also made an attempt to intensively

manage compact areas of potentially valuable forest like the Similipal hills of Mayurbhanj

district and also to rejuvenate the denuded forest of Koraput district and raise special

plantation of tropical pines and other valuable species in these areas. 47

Orissa deforested extensive forest land due to various development projects.

Extensive forest land was also leased out for extension of agriculture and implementation

'17 N. C. Behuria, Orissa State Gazetteer-Vol. Ill, Department of Revenue, tiovernment of Orissa, 1991, pp. 113-115.

62


of the slogan of the "land to landless". Extensive encroachments over valuable forest lands

in several districts like Koraput, Sambalpur and Mayurbhanj were regularized by issue of

executive orders.

After such huge damage to environment and ecology a new sense of awareness has

dawned on the Government and the public to preserve the residual forests to improve the

degraded forests and take up plantations on a huge scale under state, centrally sponsored

and internationally aided afforestation schemes. Since the beginning of the 51h Plan special

forestry schemes have been taken up in a big was following the all-India policy

recommended by the National Commission on Agriculture. The programme under social

forestry included mixed plantation, rehabilitation of degraded forests, rural fuel wood

plantation, coastal shelter belt plantation, farm forestry, etc.48

Social Forestry:

The Social Forestry Project in Orissa received massive assistance from the Swedish

International Development Agency. It was an endeavour for creation of common property

forest resources for the people and by the people with government support. It essentially

involves a strategy of people's participation as individuals and as members of local

communities in village forestry activities for rural development and poverty alleviation. In

both the phases, i.e., 1983-88 and 1988-93, of the project, a total area of about 1.0 I lakh

hectar~s of land were planted under the various schemes. The plantation programme was

continued till 1990-1991, which covered 7915 villages. Also, out ofthe woodlots created,

48 Ibid., pp. 125-126.

63


about 15 thousands hectors were notified as village forest in accordance with the Orissa

Village Forest Rules, 1985 as amended in 1989.49

However, illegal destruction of forest continued in the plantation areas under the

social forestry programme. The head loads of firewood have been common in the rural

areas and this considered as a self-employment for the tribal people. In order to conwin

these problems, the Government of Orissa implemented a scheme since late 1980 to

involve rural communities to protect the reserved and protected forest. The scheme

entrusted the responsibility of fire-fighting and prevention of illicit removals and

encroachments in the adjoining forest to the protection committees in each village. The

scheme also provided certain rights to the villagers to use the forest to meet their

requirements of small timber, bamboo ·and firewood only for household consumption.

However, forests have suffered too much from the free rider problem. In a various cases the

forest resources being used as a common property for private gain. Further the present

economic pressures push wider issues like inter-generational equity and ecological

sustainability resulted the forest has been used more rather preserve it for sustainability by

an individua1. 50

The tribal livelihood and their economic system has been closely linked with the

forest. Over the period, the traditional rights of tribals on forests have shrunk down. The

shifting cultivation remains a core area a conflict between the tribals and non tribals. The

shifting cultivation practice has been prevailing in Koraput, Kalahandi, Phulbani, Ganjam.

49 N. C. Sahu and B. N. Das, "Forest Policy of Orissa: A Third Visit", in P. M. Mohapatra and P. C. Mohapatra (eds.), Forest Management in Tribal Areas: Forest Policy and Peoples Participation, New Delhi: Concept Publishing Company, 1997, pp. 48-49. ' 50 Ibid., pp. 49-50.

64


Sambalpur, Sundargarh and Dhenkanal districts. In this regard the role of Forest

Department is crucial in any programme oftribal development. 51

Community Management System:

In increasing resource pressures and deforestation, various communities groups of Orissa

began protecting forests in the 1970s. By the late 1980s, the communities' forest protection

group spread through the Orissa. Thus, on l st August 1988, the Government of Orissa

passed the nation's first forest policy resolution endorsing community management

practices52. Thus, in Orissa the village people took the initiative to protect nearby forests

which the Orissa Government merely formalised at a later period. Accordingly, villagers

were assigned some specific roles in the protection of Reserve Forest adjoining their

villages and in turn, were granted certain concessions in the matter of meeting their

requirements, i.e., fire wood and minor forest produce. Under the provision, Forest

Protection Committees (FPCs) were constituted in each assigned village. Further. the

G<wernment of Orissa modified the earlier circular to provide representation to women and

minorities in the FPCs on the basis of the JFM guidelines issued by the Government of

India on l st June 1990.

Joint Forest Management:

In order to make forest protection drive more effective and transparent through

involvement of local villagers, the Government ofOrissa issued another resolution ofJFM

in 1993. For the effective implementation, various forest protection committees, known as

51 Ibid., pp. 52-53. 52 Mark Poffenberger and et al., "Communities Sustaining India's Forests in the Twenty-tirst Ct:ntury". in Mark Poffenberger and Betsy McGean (eds.), Village Voices, Forest Choices: Joint Forest Management in India, Delhi: Oxford University Publishing, 1996, p. 34.

65

Perspective and Policies on Forest Managemenl ....

Vana Samrakshyana Samitis (VSS), were constituted under the programme. Apart from

the VSSs and FPCs, there are number of unregistered self-initiated groups and they have

protecting forests in Orissa. Further, the village Woodlots and Social Forestry plantations,

raised under SIDA assisted Social Forestry Project ( 1984-94), have also been declared as

village forest and have been brought under the purview of JFM. Hence, the FPCs created

for protecting these forests have now become also a part of JFM. In 1996, the Government

of Orissa issued anothe!" resolution conferring right of usufructs to the villagers for

protecting these forest in order to provide a sort of encouragement to villagers. A tter

commencement of JFM, around a quarter (26.0 per cent) of the statutory forestland has

been brought under JFM in Orissa, though the participation of JFMs and areas protected

actively under their jurisdiction are somewhat less. 53

Selection of the Area under JFM:

The programme under JFM stated that it will operate in degraded forest land, i.e., Reserved

and Protected Forests for regeneration. The forest area will be selected where the villagers

are willing to or can be motivated to offer active co-operation in regeneration and

protection of the forest tract. Sanctuaries and National Parks and forest land allotted for the

purpose of commercial or industrial plantation or any other departmental afforestation

scheme shall also be excluded in this scheme.

JFM Plan:

The programme clearly stated that the ACF/Range Officer will prepare the JFM Plan

through micro-planning exercise. The objective of the plan will be to identify the measures

53 Orissa Development Report, Planning Commission, Government of India, 2002, p. 173.

66


that are necessary to increase productivity of the forest so as to cater to the demand for

traditional forest products in that area, particularly fuel, fodder, bamboo and timber

requirement of the local people. Due emphasis will be laid on maintaining the standing

bio-mass in all its diversity and on increasing the availability of non-timber forest products.

The DFO may convene meeting of the Vana Samrakshyana Samiti if necessary, where he

will explain the contents of the proposed management plan to the members clearly and

obtain their comments and suggestions. The DFO shall also take the opinion and

suggestions of the executive committee before submitting any plan for approval. 5-1

However, the existing literatures on JFM in Orissa mention various shortcomings

of the programme. In Orissa, due to state intervention, the rural communities are reluctant

to participate in JFM programme. In this context, the study done by Joe Human and Manoj

Pattanaik on the Sambalpur district can be demonstrated. In the Sambalpur district the

vi !lagers of Lapanga village started to protect nearby natural forest since 1936. Then in

1960s and 1970s, many villages in western and central Orissa began protecting their

nearby natural forests without the help ofthe Forest Department. The districts ofNayagarh.

Mayurbhanj, Bolangir, Sambalpur, Keonjhar, Dhenkanal and Phulbani are areas where

CFM has made considerable headway. After commencement of JFM, communities of

these districts were had conflict with the Forest Department over the implementation of

JFM programme. In these districts, communities believe that, in the name of scientiiic

management, Forest Department's intervention undermine their local initiatives. In their

s• Joint Forest Management Update, New Delhi: Society for Promotion of Wastelands Development. 1993, pp. 92-96.

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perception, the JFM partnership between the community and Forest Department is a very '

one-sided affair, since the Forest Department holds the real power. 55

Achyut Das observed that, in the JFM programme, the conflict arises out of existing

frame-work of the forest department. He has pointed out that forest is the source of

subsistence for tribal people but in the JFM programme, the right of tribal people over

forest resources will be decided by the forest department. Thus, the rural tribal people are

not interested to actively participate in the JFM Programme. It is observed that there is a

continuity of colonial framework in the forest department even in the JFM system. The

local forest officials think that forest is their domain of power and control. In this regard the

CFM system does not recognise in the JFM framework. 56

Neera M. Singh provides a gender perspective to the debates on community forest

management. As she discusses though women are the single largest user group of forest

and forest products, their involvement in the community-based forest management systems

is marginal. Even when women happen to be actively involved in a forest protection

system their role is not recognised. Further, she points out that women are the primary

gatherer of the NTFP. However, the existing policies restrict them to earn from NTFP.

Also, the Orissa NTFP policies are guided by the principle that all forests and forest

produce are state property. Thus, women are adversely affecting by such forest policies.

ss Joe Human and Manoj pattanaik, op cit., pp.34-36. ;., Achyut Das, "Joint Forest Managemnt inTribal Areas: Conflicts and Resplutions", in P.M. Mohapatra and P. C. Mohapatra (eds), Forest Management in Tribal Areas: Forest Policy and Peoples Purlicipotion. New Delhi: Concept Publishing Company, 1997, pp. 132-133.

68


Forest Policy in Koraput District Perspective:

The present Koraput district ~as under the Jeypore territory, which came under the control

of British rule. Later, in 1776, the district came under the jurisdiction of the Madras

presidency. 57 In the context of management of forest, Roy Burman reports that some of the

Khuntkatti communal forests were better managed than the reserved forests under direct

management of Forest Department. On the issue of community rights for development in

Orissa under the Orissa Forest Act, Roy Burman further argues that though communal

ownership is recognised, as the right of management is taken over by the State, the village

community cannot initiate development. 58

The Orissa State Gazetteer, Vol. 111, 1992, notes that the forests in the ex-princely

states were generally well preserved prior to Independence except for some over-fellings

during World War II. When the Estate Abolition Act of 1951 was enforced, about 19,942

sq. k.m. of badly managed ex-Zamindari forest came under the Government. Further, the

hills in Koraput district, was under the Zamindari, with the tribes practising swidden

cultivation already in 1940s. Thus, it became difficult for them to visualize the

swidden-affected wooded hills of northern ex-princely states of Bonai, Pallahada and

Keonjhar in early 1950s. This difference in the level of conservation of the forest is clue

mostly to the communal rights over the forest for swidden cultivation in the northern

ex-princely states in contrast with the individuals land holding in Jeypore Zaminclari in

Koraput district. However, swidden cultivation has often been blamed for wide scale

17 Nilamani Senapati and N. K. Sahu, Orissa Destrict Gazetteers, Koraput, Cuttack: Government of Orissa Press, 1966, p. 270. ;s L. K. Mahapatra, "Parameters of Forest Policy for Tribal Development", in P. M. Mohapatra and P. C. Mohapatra (eds.), Forest Management in Tribal Areas: Forest Policy and Peoples Participation, New Delhi: Concept Pub I ishing Company, 1997. p. 30.

69

Perspective and Policies on Forest Managemenr ....

deforestation. But in reality, the population pressure and circumscription forest areas

because of reservation of the forests near the hill village habitation. 59

Since large sections of the forest have been destroyed through biological pressure

and commercialisation, the Government of Orissa imposed restrictions on

commercialisation of forest in 1990. 6° Following the provision of JFM, the Orissa

government began forming Forest Protection Committee to preserve and protect forest

resources. However, due to dominance nature of the local forest officials, rural people arc

not very much interest to adopt this policy.

So it can be inferred that India has rich forest resources in the world. But the forests,

once very extensive, face unprecedented threats. The origin of these threats I ies in the

1860s and 1870s, when the colonial government first claimed the wealth of India's forests

as its own. They exploit~d the forests for raw materials and for revenue generation,

regardless of the fact that millions of people lived in and depended on forests for their

livelihoods. Though various policies were prepared by the Government of India to preserve

the forest resources but all those were for the interest of small sections of the people

(Industrialists, Timber Traders, Contractors etc.). It was only in the 1980s, these policies

took a new direction in favour of forest conservation and the livelihoods of forest dwellers.

it is found that enforcement of these policies are not protecting the interest of the tribal

people.

SQ Ibid., pp 30-31. 60 N.C. Sahu and B. N. Das, op cit. p. 47.

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However, it was only in recent years, Joint Fo~est Management has been introduced after

the failure of the Social Forestry Programme. It was conceived as a partnership between

State Forest Departments and the people, which regarded with suspicion by communities

and NGOs. The state authorities over forest resources are still prevailing at the grassroots

level and the Forest Department is the dominant partner in the JFM programme. From the

colonial period to the present day, different forest policies have been adopted with different

objectives. But none of these policies has been enacted to address the needs and

expectations of the vulnerable tribal communities. No doubt, the real objective of the JFM

is the involvement of the people in forest management but the real problem with JFM is the

ignorance of the concerned people's culture and traditions. So, the real success or the

failure of the policies depends on the participation of the concerned people by adequately

addressing the customary rights, culture and traditions.

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