DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY

VISAKHAPATNAM, A.P., INDIA

PROJECT TITLE: DEFORESTATION AND ITS LEGAL IMPLICATION ON

CORPORATIONS

SUBJECT: ENVIROMENTAL LAW

NAME OF THE FACULTY: BUSHRA QUASMI

SUBMITTED BY: AMARENDRA KUMAR

ROLL NO.: 2013016

SEMESTER: 7TH SEMESTER

OCTOBER 2017
 ACKNOWLEDGEMENT

I would like to express my special thanks of gratitude to my teacher BUSHRA QUASMI,

who gave me the golden opportunity to do this project on “DEFORESTATION AND ITS
LEGAL IMPLICATION ON CORPORATIONS”, which also helped me in doing a lot of
research and I came to know about so many new things I am really thankful to them.

Secondly I would also like to thank my parents and friends who helped me a lot in finalizing
this project within the limited frame. I want to convey a most sincere thanks to my concerned
faculty for helping me throughout the project without whose exorbitant support this project
would not have become a reality.

2
 TABLE OF CONTENTS

CHAPTER- 1: INTRODUCTION..........................................................................................2

1.1. Deforestation:.............................................................................................................2

1.2. Nexus between Deforestation and Environment....................................................3

CHAPTER 2: CAUSES AND ITS EFFECT.........................................................................5

CHAPTER- 3: SUSTAINABLE FOREST MANAGEMENT.............................................7

3.1. National Forest Policy, 1988.........................................................................................8

3.2. The Arabari experiments in JFM..............................................................................10

3.3. Why sustainable forest management?.......................................................................13

3.4. Criteria and indicators approach for sustainable forest management...................13

3.5. International initiatives...............................................................................................15

3.6. Indian initiative............................................................................................................15

CHAPTER-4: CONCLUSION AND SUGGESTIONS......................................................17

CHAPTER-5: BIBLIOGRAPHY.........................................................................................19

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CHAPTER- 1: INTRODUCTION

1.1. Deforestation:

Deforestation refers to the permanent destruction of naturally occurring forests and

woodlands, the cause of which is normally implied to be human activities 1 primarily such as
logging, cutting trees for fuel, slash-and-burn agriculture, clearing land for livestock grazing,
mining operations, oil extraction, dam building, and urban sprawl or other types of
development and population expansion.2 This means that deforestation includes the
destruction of forests, in which the treetops touch each other to form a canopy, as well as
woodlands, in which trees are spaced further apart. But the term deforestation does not apply
to the removal of trees from plantations or industrial forests 3 plantations such as plantations
of gums and pines.4

Thousands of years ago, forests and grasslands covered most of the earth since ancient
times; Clearing forests goes hand-in-hand with human development5 gradually he discovered
fire and stone metals for self defence against wild animals. About 10,000 years ago
agriculture was discovered and that was the starting of the civilisation from then onwards
man has been adapting the environment to meet the growing needs of civilizations, from the
cutting down of the first trees for fire, through to the clearing of woodlands to settlers to build
their homesteads, trees have long been at the mercy of man. 6 In many parts of the world huge
areas of woodlands and forests have been cleared over the centuries to both provide wood for
essential purposes such as fuel, ships and building, and also to free the land for other use. 7
The nuts and fruits of the trees are useful for human foods, medicines, and dyes, and the
roots, nuts, young shoots and branches (and the flush of young grass after burning) provide
food for animals.8 The biggest driver of deforestation is agriculture meanwhile majority of the
population were dependant on agricultural sector9 farmers cut forests to provide more room
for planting crops or grazing livestock. Often many small farmers will each clear a few acres

1
http://www.britannica.com/EBchecked/topic/155854/deforestation, accessed on 10-10-2011.
2
http://environment.about.com/od/biodiversityconservation/f/deforestation-overview.htm., accessed on 10-10-
2011
3
http://www.globaled.org/issues/152/a.html., accessed on 10-10-2011.
4
http://www.bcb.uwc.ac.za/envfacts/facts/deforestation.htm., accessed on 10-10-2011.
5
http://www.ehow.com/about_5389808_history-deforestation.html., accessed on 10-10-2011.
6
http://www.scribd.com/doc/10307557/Definition-of-Deforestation, accessed on 15-10-2011.
7
http://edu.udym.com/the-history-of-deforestation, accessed on 15-10-2011.
8
http://www.historytoday.com/michael-williams/history-deforestation, accessed on 15-10-2011.
9
http://www.effects-of-deforestation.com/deforestation-history.php, accessed on 15-10-2011.

4
to feed their families by cutting down trees and burning them in a process known as “slash
and burn” agriculture.10

In the course of time man devised science and technology step by step and depended on
these for improving his living standard the invention of metal, saws and then power saws
greatly accelerated the ability to clear land. This became the prominent since the Industrial
Revolution in the 1800s, forests have been exploited worldwide. 11 With the help of science
and technology, man overcame the natural barriers and established the supremacy over the
Nature. He can travel from one part of the world to the other part, in a matter of few hours,
undertake journey to outer space and planets, dive down to the bottom of seas and explore the
wonders and so on. But at the same time the environment became more and more degraded
and polluted. As a result of manmade activities (deforestation, urbanization, industrialisation,
etc.) the quality of environment suffered which has threatened the survival of man himself on
earth.12

1.2. Nexus between Deforestation and Environment

Deforestation problem is not only limited to a city or state or country, it is a global

problem, it is the problem of the entire humanity. Since 1915 efforts for formulating human
ecology are going on but today the entire global society is beset with the problem 13 due to the
world's rapidly growing population and demands on valuable resources the entire global
society realized that Forests are vital for life on earth. They are not just the green cover we
need to make the earth look beautiful; they have many functions integral for our survival and
sustenance. They function as a resource for many aspects of human life. 14 Life on Earth is
heavily dependent on the forest cover all around the planet. Besides the fact that these green
wonders make the planet extremely good to look at, they also have a great many features that
are performed by them, most of them which are pivotal to our growth, survival and
sustenance. From the point of view of human life, they are very important as they provide a
large array of resources that we use in our everyday life 15 from this discussion an inference
10
http://environment.nationalgeographic.com/environment/global-warming/deforestation-overview, accessed on
15-10-2011
11
http://www.ehow.com/about_5389808_history-deforestation.html, accessed on 15-10-2011.
12
http://books.google.com/books?
id=OT6Wy88sj9YC&pg=PA11&dq=deforestation+and+industrialisation&hl=en&ei=QoW1TuXlH4fsrAftoqy6
Aw&sa=X&oi=book_result&ct=result&resnum=7&ved=0CFQQ6AEwBg#v=onepage&q=deforestation
%20and%20industrialisation&f=false, 15-10-2011
13
R.P. Pathak, Education in the emerging India, Atlantic Publishers & Distributors (P) Ltd, 2007, New Delhi.
14
http://www.earthconservation.net/importance-of-forests.html, accessed on 15-10-2011.
15
http://www.earthconservation.net/importance-of-forest-in-our-environment.html, accessed on 15-10-2011.

5
can be drawn in the words of Einstein who observed that, ‘The environment is everything
that isn’t me’ . Man interacts directly with the natural environment and as a result there
develops a close-set biocultural behaviour patterns which is seen to be integrated with the
daily mode of life of the people concerned. These sets of interrelationship between man and
environment have always been given specific importance in the domain of human science
thus the study of environmental law begins.

However Environment means different things to different things to different people,

Section 2(a) of The Environment (Protection) Act, 1986 affords an inclusive definition of
environment. It says that environment includes water, air and land, and the inter-relationship
amongst water, air, land, and the inter-relationship amongst water, air, land and human
beings, other living creatures, plants, micro-organisms and property. Man interacts directly
with the natural environment and as a result there develops a close-set biocultural behaviour
patterns which is seen to be integrated with the daily mode of life of the people concerned.
The role of the adjustment with the surroundings is the basic factor in human existence. Thus
the forest illustrates a specific ecosystem which is conditioned by a particular kind of
environment having several inorganic and organic factors like includes topography, soil,
climate, and various species of plants and animals. The noteworthy feature of this
environmental situation is that all are tied together in an interrelated manner.16

16
S.N. Ratha, George Pfeffer, Deepak Kumar Behera, Contemporary Society and Tribal Studies, Vol. 1, Page.
264, Concept Publishing Company, New Delhi,1997.

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CHAPTER 2: CAUSES AND ITS EFFECT
Forests are precious resource of economic development and environmental stability.
Unknown to many, the Indian nation accounts for the biggest number of the underprivileged
in the entire world, many of whom rely completely or implicitly on green areas for a living.
Poverty, as well as the huge and escalating human population, places indefatigable pressure
on the forested parts of India. The end result is serious dilapidation of the country’s
woodland resources.17 But deforestation is causing a serious threat to the environment,
economy of the country and the quality of life. Unfortunately, the rate of deforestation is high
as compared to the rate of reforestation. Following are the factors responsible for the
deforestation.

(i) Indiscriminate felling of trees (ii) Industrial development (iii)Dam construction for
generating electricity and irrigation (iv) Population increase (v)Urbanization

The effect of deforestation has a direct impact on the environment. The deforestation has effect
on following elements

1. Change in Climatic conditions, which we are being exposed in recent years,

2. Loss of biodiversity,

3. Ozone Layer,

4. Wildlife,

5. Tribal Issues,

6. Soil Erosion,

7. Effect on river systems, changing course of action

Article 21 protects right to life as a Fundamental Right. Enjoyment of life and its
attainment, including their right to life with human dignity, encompasses within its ambit, the
protection and preservation of environment, ecological balance free from pollution of air and
water, sanitation without which life cannot be enjoyed. Any contrary acts or actions would
cause environmental pollution. Therefore, hygienic environment is an integral part of right to
17
http://deforestation-facts.blogspot.com/2011/04/current-trends-deforestation-in-india.html, accessed on 15-10-
2011.

7
healthy life, and it would be impossible to live with human dignity without a humane and
healthy environment. Environment protection has, therefore, now become a matter of grave
concern for human existence. Promoting environmental protection implies maintenance of
the environment as a whole comprising the man made and the natural environment.
Therefore, there is Constitutional imperative on the Central Government, state governments,
and bodies like municipalities, not only to ensure and safeguard proper environment, but also
an imperative duty to take adequate measure to promote, protect, and improve the
environment−man made as well as natural environment.

Industrialization, urbanization, explosion of population, over exploitation of

resources, depletion of traditional sources of energy and raw materials, search for new
sources of energy and raw materials, disruption of natural ecological balances, restriction of
multitude of animal and plant species for economic reasons and sometimes for no good
reason at all, are factors which have contributed towards environmental deterioration. While
the scientific and technological progress of man has invested him with immense power over
nature, it has also resulted in the arbitrary use of power over nature, it has also resulted in the
arbitrary use of power over nature. If man is able to transform deserts into oasis, he is also
leaving behind deserts in the place of oasis. Nature and history are two components of the
environment in which we live, move, and prove ourselves.

8
CHAPTER- 3: SUSTAINABLE FOREST MANAGEMENT

Forests are vital for life on earth. They are not just the green cover we need to make
the earth look beautiful; they have many functions integral for our survival and sustenance.
They function as a resource for many aspects of human life.18 Life on Earth is heavily
dependent on the forest cover all around the planet. Besides the fact that these green wonders
make the planet extremely good to look at, they also have a great many features that are
performed by them, most of them which are pivotal to our growth, survival and sustenance.
From the point of view of human life, they are very important as they provide a large array of
resources that we use in our everyday life.19
Forests are removable resources and they contribute substantially to the social and
economic development of the country. They have major role to play in enhancing the quality
of our environment. The history of forest is linked with the history of civilization. Forests
have a significant role not only in ensuring the environmental stability but also achieving
economical benefits. Forest is not just a group of trees, but is an ecosystem in itself,
comprising all the living and non-living components. The main living components of a
terrestrial ecosystem are plants dominated by trees, forming the consumer element and
decompresses of the micro organisms. Soil, water, air and sunshine form the non-living
components of a forest/terrestrial ecosystem. These components interact with each other and
evolve the ecological energy cycle which consists of two other cyclic processes, namely
water cycle and matter (organic and inorganic) cycle. These processes maintain the dynamic
equilibrium between the living components and non-living components within an ecosystem.
Environment problems in the developing world are clearly linked to unbalanced
development. Their need for environmental change is very great.
Continuous deforestation and the degradation of forests leading to a decline in forest
cover have long been sources of concern for policy makers in India. Indeed, had there not
been such large-scale deforestation and forest degradation in India, it is unlikely that any
policymaker would have given serious thought to the ‘participatory forest management’
model. The need of the hour and the backlash of policy failures have led to the emergence of
a new institution and rationale for the origin of a ‘participatory forest management’ model

18
Importance of Forests, http://www.earthconservation.net/importance-of-forests.html, accessed on 27-10-2011.
19
Forests- Our Allies in Survival,
http://www.earthconservation.net/importance-of-forest-in-our-environment.html, accessed on 27-10-2011.

9
within the Indian forestry sector. This section discusses the measures to be taken for the
protection and improvement of the environment.
The Government of India enacted the first post-independence National Forest Policy in
1952, .An attempt to revise rather than entirely reconstruct the pre-ceding forest policy
proposed a functional classification of forests into protection forests, national forests, village
forests and tree-lands, etc., Ecological needs were included in the policy:-
a. To evolve a system of balanced and complimentary land use, to ensure maximum
production with least deterioration.

b. To prohibit-riparian, erosion from waste lands, shifting sand dunes and spreading of
coastal sands.

c. To prohibit denudation of hills and mountains.

d. To satisfy the growing demand of small wood for agricultural implements, fuel wood,
conditions.

e. To develop forests/plantations to ameliorate physical habitat as well as climatic conditions

f. To ensure sustained supply of timber for defence, industry, railway, electric supply,
communication, shipping etc.

g. To realize maximum possible revenue in perpetuity, in addition to needs mentioned

above.

Although this policy in 1952 considered ecological aspects, yet forest was chiefly visualized
as a component for the betterment of the human society. Ecological restoration was never a
priority.

3.1. National Forest Policy, 1988

The Union Ministry for Environment and Forests announced a new forest policy of India in
1988. The important features of the policy include:-

(a) One third of the total land area of the country should be under the forest cover. This
has been present in National Forest policy of 1952 as well. However, the strategy to achieve
this goal is through afforestation of at least two-third of the area of hills and mountains to
ensure reduced soil erosion from high altitudes.

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(b) The forest should no longer be viewed as a source of revenue, rather its sustained role
to bring ecological balance, environmental sustainability including atmospheric equilibrium,
augmentation of precipitation etc. needed for the survival of all life forms on the earth
including human being should be the principal idea behind forest management.

(c) Compensatory afforestation has been emphasized in this policy, in the face of rising
diversion of natural forest lands throughout India. The policy states that “construction of
dams and reservoirs, mining and expansion of agriculture should be consistent with the need
for conservation of trees and forests. Projects which involve such diversion, at least provide
in the investment, budget funds for regeneration/compensatory afforestation.” Regularization
of encroachment of Government forests has been prohibited along with prohibition of mining
without adequate environmental assessment and scientific management measures enforced by
adequate and effective machinery.

(d) Modification of land laws have been recommended in face of necessity arising from
growing motivation (and also to catalize motivation) towards siliviculture and production of
grasses, fodder, leguminous nitrogen fixers etc. a time bound programme of a huge need
based afforestation throughout the country has been suggested. Waste lands and degraded
lands have been suggested to be utilized for afforestation and other plantation purposes.

(e) The policy suggests replacement of contractors by Government corporations or

tribal/labour cooperatives for the removal of timber from forest areas. Discouragement of
grazing and browsing in the forest area has been suggested.

(f) Conservation of wildlife has been given special importance in the policy. However,
in the Act of 1980 with amendments in 1988, the term ‘non-forest purpose’ has been clearly
explained. Non.-forest purposes includes diversion for the cultivation of tea, coffee, rubber
plants, spices, oil-bearing plants, horticultural crops, medicinal plants etc. and any other
purpose except afforestation. However, non-forest does not include activities related to
conservation of natural resources, management and development of forests and management
of wildlife including establishment of check-posts, security posts, wireless communication,
dams restricted for forestry, waterholes, firelines, trench marks, boundary marks, fencing,
culverts, bridges, salt licks, watch towers, pipelines for water supply etc. need for the
management of the forest.20

20
Ibid.

11
 In Vellore Citizens Welfare Forum Vs. Union of India and others 21, case the Court has
dealt with at length relationship between environment and development and it has given its
approval with regard to “sustainable development” rather than “absolute development” or
“development at all costs”

The 1988 National Forest Policy22 focused on the maintenance of environmental

stability, conservation of natural heritage by preserving the natural forests and meeting the
basic needs of people, and also maintaining the relationship between the tribals and other
dependent people, thus encompassing ecological, economic and social aspects of forest
management. There is however an urgent needs to monitor and ensure proper implementation
of these policy implications. The quantifiable approach like criteria and indicators to monitor
and implement these objectives of sustainability is imperative.

The government now views the role of forestry as a method to manage the
environment and bio-diversity, and a way to meet the needs of the villagers who are staying
near the forests. Forests are no longer seen as a source of supply of raw materials to wood-
based industries the government now realizes that it is not possible to protect and conserve
the forest and meet their mandate of serving the people. As such government issued a
notification in 1990 advising all the states to come up with the Government orders to
establish Joint Management of Forestry in various districts and divisions. In India, out of 26
states 22 states have already issued notifications and joint management forests is moving fast
in those states.

In India there are about 600,000 villages of which 200,000 villages are situated in or
near the forest areas as a stake holders in the process of sustainable management.23

3.2. The Arabari experiments in JFM

The relevance of a ‘give and take’ principle between the FD and the community surfaced in
the early 1970s. A group of FD personnel realized the importance of peoples’ participation in
regeneration of degraded Sal (Shorea robusta) forests in Arabari Range of Midnapur district

21
AIR 1996 SC 2715.
22
GoI, National Forest Policy, Ministry of Environment and Forests, Government of India, 1988.
23
http://books.google.com/books?
id=ztuCqoGIlQC&pg=PA57&dq=forest+management+system+india&hl=en&ei=7Aq4TsCFOoPtrAfexKX4Aw
&sa=X&oi=book_result&ct=result&resnum=4&ved=0CEMQ6AEwAw#v=onepage&q=forest%20management
%20system%20india&f=false., accessed on 27-10-2011.

12
in the state of West Bengal. This forest rejuvenation strategy was started as an experiment
and later on replicated on a large scale first in this state followed by its adoption in different
parts of country. The West Bengal Forest Department issued the first government order in
1989 to involve village communities in forest protection with provision to give the people
25% of the revenue earned on timber harvested from the protected forest. This successful
experiment led to the development of a new forest management strategy known as ‘Joint
Forest Management’ (JFM). Communities involved in the management of government forests
in their vicinity under the JFM became known as forest protection committees. This is the
first recorded case of ‘co-management’ of forests.24

Another successful experiment, which began in 1975 in Sukhomajri, a village in the

state of Haryana, also helped in the conceptualization of participatory forest management.
This experiment was initiated as an integrated watershed development programme by the
Central Soil & Water Conservation Research & Training Institute (CSWCRTI), Research
Centre, Chandigarh. The emphasis was on rainwater harvesting to enhance irrigation of
cultivated land in Sukhomajri, which faced a severe soil erosion problem. Forestry became an
integral part of the experiment, as the various tree species were planted to protect the
watershed, along with the building of water-harvesting structures for harnessing rainwater.
An unwritten agreement between the CSWCRTI team and villagers was developed for
protecting the catchment of the water-harvesting structures from grazing and illicit cutting in
the area. This was achieved by instituting a ‘Water Users Association’ subsequently renamed
as ‘Hill Resource Management Society’ (HRMS). The entire management of this project was
handed over to HRMS, which functioned on the principles of participation.25

With regards to the people’s involvement in the forestry, the Act lays down that ‘it
would be the duty of the forester to awaken the interest of the people in the development,
extension and establishment of tree-lands wherever possible, and to make them tree minded.26

Successful policies initiated for reforestation/afforestation activities at the micro level

have led to subsequent formulation and implementation of new policies for forest
management for the entire country. At present there are more than 84,000 JFM committees
spread over 27 states, managing 17 million hectares of forests. There are also Self-initiated

24
www.enviroscope.iges.or.jp/modules/envirolib/upload/371/.../07_India, accessed on 27-10-2011.
25
www.teriin.org/case/jfm.htm, accessed on 30-10-2011.
26
Government of India, 1952, National Forest Policy, 1952.

13
Forest Protection Groups protecting and state owned forests in India on the principle of
participatory forestry involved.

But the concept of sustainable forest management is being implemented on the basis
since 2000. The initiative known as the Bhopal-India process, has over the years endeavoured
to formulate a working framework for the achievement of the goals of sustainability specific
to the national forestry conditions. However, the dynamics of forest management in a
developing country is unique, as the multiple uses of forests are clearly felt in a multi-
stakeholder environment. Sustainable development is commonly defined as development that
meets the needs of the present without compromising the ability of future generations to meet
their own needs.27 Sustain-able forest management has been considered as an integral
component of sustainable development since the UNCED Conference at Rio de Janeiro in
1992, also called the Earth Summit. After the summit 28 where international forest principles
were formulated for the first time by world leaders and the first global policy on sustainable
forest management was adopted, the notion of sustainable forest management rapidly gained
interest. Accordingly, the forest resources and lands should be managed sustainably to meet
the social, economic, ecological, cultural and spiritual functions, and for the maintenance and
enhancement of biological diversity. The concept got support and recognition in various
international fora for the management, conservation and sustainable development of all types
of forests.

Sustainable forest management encompasses all the three components of

sustainability, viz. ecological, economic and socio-cultural well-being. It has been defined by
the International Tropical Timber Organization (ITTO) as ‘the process of managing
permanent forest land to achieve one or more clearly specified objectives of forest
management with regard to the production of a continuous flow of desirable forest products
and services without undue reduction of its inherent values and future productivity and
without undue undesirable effects on the physical and social environment’.29

Sustainability is not an absolute, independent of human conceptual framework.

Rather, it is always set in the con-text of decisions about what type of system is to be
27
World Commission on Environment and Development, Our Common Future: The Bruntland Report, Oxford
University Press from the World Commission on Environment and Development, New York, 1987.
28
United Nations. Non-legally binding authoritative statement of principles for a global consensus on the
management, conservation and sustainable development of all types of forests. Report of the UN Conference on
Environment and Development, Rio de Janeiro, 3–14 June 1992, vol. III.
29
ITTO, Criteria And Indicators For Sustainable Forest Management Of Natural Tropical Forests, ITTO
Policy Development Series No. 7, International Tropical Timber Organization, Japan, 1998.

14
sustained and over what spatio-temporal scale. 30 Given the abstract nature of sustainability,
the criteria and indicators approach provides a framework to define the parameters and goals
of socio-cultural, economic and ecological aspects relating to sustainability and assess
progress towards them.

3.3. Why sustainable forest management?

Increased pressure on forest resources of the country over the last few decades has
threatened the livelihoods of mil-lions of forest-dwellers and other poor people living in the
vicinity of the forests. Forest resources have been important for the prosperity of any nation
and its communities. They are an essential natural resource providing multiple benefits to
people besides other important functions such as biodiversity conservation, global carbon
storage and a storehouse for future option values. The rich and the poor alike are dependent
on forest resources, directly or indirectly, and forestry in many developing countries,
including India is also seen as a means for eradicating rural poverty and achieving sustainable
development.

The pressure on existing forest resources is immense in India. Having only 2.5% of
the world’s geographic area and 1.85% of the world’s forest area, we have 17% of the
world’s population and 18% of livestock population.31 In this context, it is imperative to
preserve the forests and manage them sustainably, so as to ensure secure livelihood of the
forest dependent communities as well as con-serving our biological diversity.

Recently, as a result of increasing public awareness and various treaties and conventions all
over the world, there is a movement towards accepting only those forest products which have
originated from sustainably managed forests.32 It has emerged as a market-based mechanism
in support of sustainable forest management. Certification and eco-labelling are such new
mechanisms enhancing forest-product positioning for a premium price on the one hand, and
ensuring better managing practices for forests on the other.

3.4. Criteria and indicators approach for sustainable forest management

30
Ibid.
31
NFAP, National Forestry Action Programme – India, Ministry of Environment and Forests, Government of
India, New Delhi, 1999.
32
Rametsteiner, E. and Simula, M., Forest Certification – An Instrument To Promote Sustainable Forest
Management, J. Environ. Manage., 2003, 67, 87–98.

15
 In the forestry sector, there is a paradigm shift from a focus on sustained timber yield
to sustainable forest management, encompassing in it environmental, economic and social
dimensions. The principle of sustained yield is considered as the focus of forest management
ever since the forests were managed on modern scientific basis. It is an accepted norm in
forest management and forms the core of modern, organized forestry. Scientific knowledge is
needed all over the world to effectively address these issues globally and regionally, and to
provide the technical basis for policy decisions.

There have been many international initiatives with potential application to define and
assess sustainable forest management, such as criteria and indicators, life cycle assessment,
cost–benefit analysis, knowledge-based systems and environmental impact assessment. 33 The
criteria and indicator method has been widely accepted and immense work has been done
towards its refinement and practical application. Over the years, it has developed as a potent
tool for assessment, monitoring and reporting of sustain-ability of forest resources. Currently,
about 160 countries are participating in nine regional and international processes of
sustainable forest management following the criteria and indicator approach, mostly within
the framework of an international initiative, which are specific to various forestry
conditions.34

The criteria and indicators approach presents a tool for assessing the magnitude and
direction of change in given forestry situations, and this provides critical information to the
forest managers and other actors for forest related decision making. It is an important
framework to assist countries collect, store and disseminate reliable science-based forest
information needed to monitor and assess forest conditions35. Criteria define and characterize
the essential elements, as well as a set of conditions or processes, by which sustainable forest
management may be assessed. The criteria and indicators provide a robust framework not
only to define sustainability in the context of individual countries, but also provide a
mechanism for understanding, monitoring and analysing national and global trends.36 These
are instruments through which progress towards sustainable forest management may be

33
Baelemans, A. and Muys, B., A Critical Evaluation Of Environmental Assessment Tools For Sustainable
Forest Management, In Proceedings of the International Conference on Life Cycle Assessment in Agriculture,
Agro-industry and Forestry (ed. Ceuterick, D.), Brussels, 3–4 December 1998, pp. 65–75.
34
Castaneda, F., Criteria And Indicators For Sustainable Forest Management: International Processes, Current
Status And The Way Ahead, Unasylva, 2000, 203, 34–40.
35
FAO, State of the world’s forests. Food and Agricultural Organization of the United Nations, Rome, 2003.
36
IIFM, Bhopal, India Process For Sustainable Management Of Indian Forests, Indian Institute of Forest
Management, Bhopal, June 2000.

16
evaluated and reported. Castenada37 defines criteria as the range of forest values to be
addressed and the essential elements or principles of forest management against which the
sustainability of forests may be assessed. Each criterion relates to a key element of
sustainability and may be de-scribed by one or more indicators. While indicators are
parameters that measure specific quantitative and qualitative attributes and help monitor
trends in the sustainability of forest management over time.

3.5. International initiatives

Seven common thematic areas of sustainable forest management have emerged based
on the criteria of the nine ongoing regional and international sustainable forest management
initiatives. These were acknowledged by the international forest community at the fourth
session of the United Nations Forum on Forests (2004) and the 16th session of the Committee
on Forestry (2003). These seven thematic areas include: (i) Extent of forest resources;
(ii)Biological diversity; (iii) Forest health and vitality; (iv) Productive functions of forest
resources; (v) Protective functions of forest resources; (vi) Socio-economic functions, and
(vii) Legal, policy and institutional framework.

The criteria and indicators approach for sustainable forest management was initiated
by the ITTO38. At present, there appears to be growing international consensus on the key
elements of sustainable forest management. There are nine on-going international and/or
regional criteria and indicators initiatives currently, involving approximately 160 countries
with some member-countries participating in more than one process the above mentioned
nine processes39.

3.6. Indian initiative

The criteria and indicators approach developed with development of a specific set of
criteria and indicators for specific forestry conditions through international processes among
the participating countries. It was realized to develop sustainable forest management in India,
to accomplish establishment of a benchmark for sustainability according to the prevailing
37
Castaneda, F., Why national and forest management unit level criteria and indicators for sustainable
management of dry forests in Asia? In Development of National level Criteria and Indicators for the
Sustainable Management of Dry Forests in Asia: Back-ground Papers (eds Cheng, T. L. and Durst, P. B.), Food
and Agricultural Organization of the United Nations, 2000
38
ITTO, Criteria For The Measurement Of Sustainable Forest Management, ITTO Policy Development Series
No. 3, International Tropical Timber Organization, Japan, 1992.
39
Castañeda, F., PalmbergLerche, C. and Castaneda, P. V., criteria and indicators for sustainable forest
management: a compendium. working paper FM/5, FAO, Rome, Italy, 2001.

17
policy framework. The Indian initiative of criteria and indicators approach for sustainable
forest management was spearheaded by the IIFM (Indian Institute of Forest Management) in
collaboration with ITTO and the Ministry of Environment and Forests, Government of
India.40 A total of 8 criteria and 51 indicators specific to Indian forestry conditions were
evolved after a consultative process involving a gamut of stakeholders. The criteria and
indicators of the Bhopal-India process have evolved after a lot of deliberations and field-
testing over the years.

The implementation of sustainable forest management in a diverse country like India

is a challenging task. To be more effective, criteria and indicators should be incorporated into
national forestry legislations and regulation; not only as voluntary application. Being
analogous with sustainable development, sustainable forest management also has important
implications in the global economic scenario. Besides contributing to environmental, social
and economic well-being of the communities, it also facilitates market-oriented tools like
certification and eco-labelling. This requires active participation and coordination among the
stakeholders for proper implementation. A wider application of criteria and indicators shall
re-quire a long maturity process.

The Ministry of Environment and Forests, Government of India has already created a
Sustainable Forest Management (SFM) Cell in the Ministry in 2006. It is expected to act as a
national-level focal point towards SFM in the country. Discussions are also in an advanced
stage to create SFM Cells in each state. These SFM Cells are expected to act as a nodal point
for all matters related to sustainable forest management in the country and to en-courage
development of national programmes aimed at sustainable utilization and conservation of
forests.

40
IIFM, Bhopal, India Process For Sustainable Management Of Indian Forests, Indian Institute of Forest
Management, Bhopal, June 2000.

18
CHAPTER-4: CONCLUSION AND SUGGESTIONS
The historic clearing of forests was to allow civilizations to grow and flourish, while
many of the forests cleared today are for economic reasons only. We now know that 80
percent of the world´s ancient forests have been destroyed. This situation has changed
however, and issues surrounding deforestation are known and recognized.
In M.C. Mehta v. Kamal Nath,41, the Supreme Court declared the “public trust”
doctrine as the part of the law of the land. Under the “public trust”, doctrine all the
ecosystems operating in our natural resources, comes within its scope. The “State” is
considered to be the “trustee” of all natural resources and as a trustee it is under a legal duty
to protect the natural resources. In the judgment of the Court, in the consonance with the
article 48-A of the Constitution which imposes obligation on the State to protect and improve
the environment, wild life and forests.

It may be inferred that law alone cannot help in restoring of a balance in the biosphere
disturbance. Nor can be the principles of awarding more compensation can help effectively.
The situation requires a clear perception and imaginative planning at every stage of
development. It also requires sustained efforts and result oriented strategic action.

The need of the hour is not “environmental pollution” but “environmental revolution”.
We must remove from “environment vs. development” to “environment and development”
and only then it will be possible to achieve this goal it is necessary that there is acceptance of
responsibility by citizens and communities and by enterprises and institutions at every level,
all sharing equitably in common efforts.

The policy directives issued by the government of India from time to time since the
announcement of the National Forest Policy of 1988 indicate the existence of a ‘learning
curve’ in the process of implementation of JFM in India. This means that with the passage of
time, policy makers have realized the need for new policy measures for expanding JFM
programmes together with the need for overcoming the constraints in their implementation.

Furthermore, the present analysis of forest policies on participatory forest

management in India reveals the government of India’s determination for the successful
implementation and expansion of JFM throughout the country. But such a resolve is
insufficient on its own without the collective effort of all stakeholders, encompassing
41
(1997) SCC 388.

19
governmental and non-governmental organizations. A sound forest policy is necessary in
order to overcome these issues and challenges.

Now the time has also come to streamline the forest policies, rules and regulations
inherited from the colonial period as well as those formulated since independence, in view of
JFM as a major forest management model. On the technical side, emphasis needs to be placed
on the formulation of new and effective silvicultural practices to increase the productivity of
forests managed by village communities for the enhanced harvest of NWFPs. These
corrective measures will synchronize the practices with the basic philosophy and objectives
of participatory forest management. To sum up, these issues and challenges to the JFM
programme in India require in-depth study and analysis for their expeditious resolution.

In overcoming benefit sharing problem, it is important for policy makers to examine

the history of past settlements during rule, wherein forest users were granted certain rights.
These rights should not be abruptly extinguished by imposing new benefit sharing
arrangement under JFM as that will determine the response of village communities to JFM

In conclusion it seems reasonable to say that JFM initiatives are becoming acceptable
at various levels of governance in India, and all forests will eventually be managed under the
principles of participatory forests to empower and help poverty alleviation by ensuring the
livelihood security of the forest dependent people.

Laws cannot legislate the attitudes of the people it’s the people mindset has to be
changed in order to keep our mother earth clean and green.

20
CHAPTER-5: BIBLIOGRAPHY
1. Bell, Stuart and Donald Mc Gillivary, Environmental Law, Oxford University Press,
New York, 2006.

2. Chandra, Geetanjali and J.N. Pandey, Public Interest Litigation and Environment
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3. Divan, Shyam and Arwin Rosencrantz, Environmental Law and Policy in India, Oxford
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4. Doabia, T.S., Environmental and Pollution Law in India, Wadwa and Company, Nagpur,
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5. Holder, Jane, Environmental Protection, Law and Policy, Cambridge, New York, 2007

6. Jaswal, P.S., Environmental Law, Pioneer Publication, New Delhi, 2006.

7. Kailsah Thakur, Environmental Education Law and Policy in India, Deep and Deep
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8. Kothari, Ashish and Anuprita Patel, Environment and Human Rights, National Human
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9. Leelakrishnan, P., Environmental Law Case Book, LexisNexis Butterworths, New Delhi,
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10. Padma, International Environmental Law, Asia Law House, Hyderabad, 2005.

11. Rao, R.S., Lectures on Environmental Law, Asia Law House, Hyderabad, 2003.

12. Saxena, H.M., Environmental Studies, Rawat Publications, Jaipur, 2006.

13. Singh G., Gurdip, Global Environmental Change and International Law, Aditya
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14. Tripathi, S.C., Environmental Law, Central Law Publications, Allahabad, 2005.

15. Upadhyay, Sanjay and Videh Upadhyay, Handbook on Environmental Law, Vols.

1, 2, and 3, LexisNexis Butterworths, New Delhi, 2002.

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16. Wolf, Susan, Wolf and Stanley on Environmental Law, Cavendish Publishers,
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