Image source - https://bit.ly/3lX4I37

This article has been written by Farheen pursuing a SEBI Grade A Officer (General Stream) Test Prep Course from LawSikho.

This article has been edited and published by Shashwat Kaushik.

Introduction

To sustain means to keep somebody or something alive in a healthy state and conservation means to utilise a resource with not much wastage which makes sustainable forest conservation understandable.

Download Now

Meaning of the forest

The forests are the land surfaces that have a dense amount of various kinds of trees from which humans get wood and many more resources. The wildlife exists in the forests and there live different species of reptiles, mammals, insects, etc. The air in the forests is purer than in cities as the trees absorb carbon dioxide and release oxygen. The forests, wildlife, etc fall under the ambit of the environment.

Forests cover 31% of the global land but are not equally distributed around the globe. Almost half the forest area is relatively intact, and more than one-third is primary forest. More than half of the world’s forests are found in only five countries which are Brazil, Canada, China, the Russian Federation and the United States of America.

Understanding environment

The environment helps living beings to survive. The word ‘environment’ is derived from the French word ‘environner’, which means ‘to encircle’ or ‘to surround.’ The environment includes land, water, air, forests, wildlife etc. It comprises air, water, land and living things like human beings, animals, forests and much more. For a healthy environment it is important to preserve, conserve and sustain the natural resources as they are nature’s gifts and are not created by people.

Understanding ecosystem

The conservation of the natural resources results in a balanced ecosystem. An environment is the surrounding of the living things whereas an ecosystem is the interaction of those living things. Nature is a perfectly aligned systematic structure which helps in the balance of the ecosystem. The food chain in the forests is unlikely to change unless disturbed by man’s activities. The distortion of human beings in the exploitation of the resources available in forests affects the ecology adversely. The excess of deforestation causes harm and nearly destroys the ecosystem of the forest resulting in the imbalance and non-sustenance of the forests. 

Sustainable forest conservation

Natural resources such as wood, timber, rubber, bamboo, various essential oils, etc. can be termed forest resources. For a healthy environment a balanced ecosystem is necessary. Sustain forestry intends to fulfil the necessities of human beings while making sure that there is low to no wastage of the natural resources in consequence to which the ecosystem of the forest would be preserved for years. It also means to take care of the wildlife.

In simple terms, sustainable forest conservation means the proper use with the minimal wastage of the resources while maintaining the balance of the ecosystem and environment without causing fatal harm to the biodiversity, productivity, regeneration capacity, etc for the aim to fulfil economic growth potential.

Considering the importance of forests, sustainable management is essential to ensure society’s demands don’t compromise the resource. Sustainable forest management offers a holistic approach to ensure forest activities deliver social, environmental, and economic benefits, balance competing needs and maintain and enhance forest functions now and in the future.

Sustainable forest conservation consists of the maintenance, conservation, and enhancement of ecosystem biodiversity, including the prohibition of genetically modified trees and climate-positive practices.

Necessity of sustainable forest conservation

The trees produce oxygen through the process of photosynthesis. As the only source of oxygen production that exists are trees, it becomes inevitable to comprehend that trees are imperative and of vital importance. Infrastructural growth with nationwide development is persisting, resulting in felling of numerous trees. Conservation of the forest is essential, as the core need for survival of the living things comes from the trees.

The trees and soil of the forests purify the polluted air and contaminated water, which gets mixed with the harmful chemicals. The forests are shelters for the wildlife present in it. Many people are dependent on the forests as it provides water, fuels, day-to-day day life necessities, etc.

The extensive land which is rich in the best soil required to grow plants and crops essential for humans, are the forest lands and the land helps prevent soil erosion and conserve the best soil. The forest plays a vital role in the global water cycle.

As per studies, it is recorded that human health improves while encountering nature. It is also proved through scientific analysis that visits to a forest have shown a positive benefit on conditions including cardiovascular disease, respiratory concerns, diabetes, and mental health.

Necessity for enacting forest conservation laws

The forest-dwellers residing in the forest depend on forest resources. Due to deforestation, the population of forest-dwellers and mammals, birds, reptiles, and amphibians has declined on an average by 69% since 1970.

The deforestation continued to take place, resulting in the loss of biodiversity. Since 1990, it is estimated that some 420 million hectares of forest have been lost through conversion to other land uses, although the rate of deforestation has decreased over the past three decades. Between 2015 and 2020, the rate of deforestation was estimated at 10 million hectares per year, down from 16 million hectares per year in the 1990s. The area of primary forest worldwide has decreased by over 80 million hectares since 1990.

Laws enacted for forest conservation

The concern for the environment, wildlife, and natural resources brought the law relating to its conservation. The preservation and conservation of forests is a pressing issue, and every person, organisation, and institution has an obligation to protect the natural gifts. Global deforestation was very high in the 1980s and hence the Forest Conservation Act of 1980 was enacted to suppress the deforestation. The section 2 of the act deals with the restriction of non-forests activities taking place. It simply means that deforestation cannot be done for growing other plants like tea, spices, etc.

The Indian constitution is the first constitution in the world that made provisions for the protection of the environment. The 42nd amendment inserted Article 48A which provides that the state should protect and improve the environment and safeguard the forests and wildlife of the country. Part IV was also inserted in the 42nd Amendment by which it was the fundamental duty of the citizens to improve the environment, including forests, rivers, lakes, etc, and have compassion towards the other living creatures.

Case laws relating to forest conservation.

In the Nature Lovers Movement vs. The state of Kerala the court exercised the Article 51A(g) the government had passed orders to assign 10,000 hectares of forest land to unauthorised occupants/encroachers without obtaining prior approval of the Central Government. The court observed and decided that the state shall not do so without the prior approval of the Central Government and take into consideration the importance of Forest Conservation Act, 1980.

In Sitaram Chhaparia Vs. State of Bihar, the Patna High Court held that the protection of the environment is a fundamental duty under Article 51A (g) of the Constitution, the state is obliged to ensure that it directed the closure of a tyre retreading plant set up in a residential area, which was emitting carbon dioxide and other obnoxious gases, causing great harm to the residents of the locality as well as to the environment.

Legal considerations for corporates

The organisations or individuals who have legal rights and obligations carry out beneficiary activities on the forest lands. Such institutions or persons work for the betterment of the degraded forests, to implant a forest-based organisation, to make easily available the aid to the farmers and to provide consultancy in raising bio-aesthetic plantations. The functioning of these corporations differs from state to state.

The activities consist of a number of initiatives which aim to improve the health and productivity of forests. These include:

  • Forest restoration: This consists of establishing measures to rehabilitate areas that have faced deforestation, overexploitation, or other types of degradation. Activities may include reforestation, afforestation, and soil conservation measures.
  • Establishment of forest-based organisations: The organisations take various forms, such as community forest management groups and cooperatives, for private enterprises. They are typically involved in sustainable forest management practices, including the harvesting and processing of forest products.
  • Supporting farmers: This method consists of providing technical assistance, training, and financial support to the farmers who have been engaged in agroforestry or other sustainable land-use practices.
  • Consultancy services for bio-aesthetic plantations: This involves providing expert advice and guidance on the establishment and management of plantations that are designed to enhance the aesthetic value of landscapes while also providing ecological benefits.

The specific roles and responsibilities of these organisations or individuals vary depending on the legal and regulatory framework placed within each state or jurisdiction. However, their overarching goal is to promote the sustainable management and conservation of forest resources while also ensuring the well-being of   communities that depend on these resources for their livelihoods.

In addition to the activities mentioned above, these entities may also be involved in:

  • Forest monitoring and research: This includes surveys and research to assess the health and stats to forest ecosystems, as well as monitoring the impacts of various management practices.
  • Forest fire prevention and control: This involves implementing measures to prevent and suppress forest fires, which can cause significant damage to ecosystems and property.
  • Wildlife conservation: This includes protecting and managing wildlife populations within forest areas, and well as promoting habitat restoration.
  • Engagement of communities: This consists of working with local communities to raise awareness about the importance of forest conservation and to promote sustainable resource use practices.

Overall, the organisations and individuals having legal rights and obligations to conduct beneficiary activities on forest lands play an important role in ensuring the long-term health and sustainability of the ecosystems. Their work is essential for achieving a balance between the need for economic development and environmental protection.

Future directions:

  • Forest management: Promoting sustainable forest management practices that balance ecological, social, and economic objectives is crucial to the long-term health and productivity of forests. This involves adopting management approaches that maintain forest ecosystem integrity, conserve biodiversity, and provide a range of ecosystem services while supporting local livelihoods.
  • Community-based forest management: Empowering local communities to participate in forest management decisions and benefit from forest resources can be an effective strategy for promoting sustainable forest management and conservation. This approach recognises the valuable knowledge and stewardship of local communities and fosters a sense of ownership and responsibility for forest resources.
  • Financing mechanisms: Exploring innovative financing mechanisms, such as payments for ecosystem services, carbon markets, and impact investing, to provide additional resources to forest conservation and sustainable management. These mechanisms can incentivise sustainable land use practices, reard forest conservation efforts, and attract private sector investment in forest-based initiatives.
  • Technological advancements: Leveraging technological advancements such as remote sensing, GIS, and artificial intelligence can enhance forest monitoring and management capabilities. These technologies can provide valuable data and insights for assessing forest health, detecting illegal activities, and informed decision-making.

Conclusion

Conservation of forest will have a positive impact on the environment along with for human well-being. Environmental conservation and forest preservation can be achieved by the thought of creating a better world to live in, the thought of giving a better world to everyone, to the present as well as to the future generations, who must share the Almighty’s great gifts of clean environment and abundant natural resources on the planet Earth.

References

RELATED ARTICLESMORE FROM AUTHOR

LEAVE A REPLY

Please enter your comment!
Please enter your name here