Evolving definition(s) of forests in India

Forests are generally conceived as areas having tree growth. The Forest Survey of India has accordingly recognised dense, open and scrub forests based on the percentage of canopy cover. The Indian Forest Act, 1927 does not define the forests, and the legal extent of forests depends upon the process of notifications. Hon. Supreme Court of India has taken a view regarding extending purview of the Forest Conservation Act, 1980 to all the areas falling in the "dictionary meaning" of forests irrespective of ownership and control. In addition to the protective and production functions of tree cover, there is a growing awareness of livelihood and life-sustaining values of non-wood forest products.

Forest includes natural forests and forest plantations. The term is used to refer to land with a tree canopy cover of more than 10 percent and area of more than 0.5 ha. Forests are determined both by the presence of trees and the absence of other predominant land uses. The trees should be able to reach a minimum height of 5 m. Young stands that have not yet reached, but are expected to reach, a crown density of 10 percent and tree height of 5 m are included under forest, as are temporarily un-stocked areas. The term includes forests used for purposes of production, protection, multiple use or conservation (i.e. forest in national parks, nature reserves and other protected areas), as well as forest stands on agricultural lands (e.g. windbreaks and shelterbelts of trees with a width of more than 20 m) and rubberwood plantations and cork oak stands. The term specifically excludes stands of trees established primarily for agricultural production, for example fruit tree plantations. It also excludes trees planted in agroforestry systems (FAO).

Rationale for applying the Forest Conservation Act, 1980 to the areas with scanty tree growth has been questioned in light of delays in developmental opportunities reaching to the rural poor. On the other hand, changing conceptualisation of forests have been largely informed by greater recognition of its values as repositories of biodiversity at various taxonomic levels. Recent concerns about the climate changes also require greater clarity regarding definition(s) of forests for the purpose of understanding opportunities and obligations under the global carbon sequestration regime. In this context, the ecologically sound and socially desirable definitions of forests and forestry require to be examined. With the following objectives:

v To evolve the definition(s) of forest in Indian context keeping international commitments and different orders of the apex court of the country into consideration.

v To develop ecologically sound and socially desirable definitions of forests

On the basis of consultation made with different stakeholders throughout the country, the possible options for the definition of Forests are as under:

Option-1

“An area under Government control notified or recorded as forests under any Act for the conservation and management of ecological and biological resources.”

Explanation: Such forests will include areas with trees, scrubland, grasslands, wetlands, water bodies, deserts, glaciers, geomorphic features or any other area that is necessary to maintain ecological security.

Option -2

“An area owned by Government and notified as forest under any act or recorded as a forest in any Government record functioning as ecological, biological, livelihood-support and/or social resource’”

Explanation: such forests will include areas having trees, scrub, grasslands, wetlands, water bodies, deserts, glaciers, geomorphic features or any other area fulfilling the functions of a forest.

Option-3

“An area notified as forests in any Act or recorded as forests in any Government record functioning as ecological, biological ,social resource or livelihood support system. “

Explanation: (1) such forests will include areas having trees, scrub, grassland, wetland, water bodies, deserts, geomorphic features or any other that is necessary for ecological security of the nation.

(2) This will also include areas recorded as jungle such as Jhupudi Jungal, Doli Land etc and unclassified state forests, community owned or privately owned lands.

Kindly give your comments on the above mentioned options for the definition of forests(s) or you may suggest definition also on the following email: jvsharma2000@yahoo.com or jvsharma@nic.in

******