The Hindu : Antony for amendment to Forest Act

Online edition of India's National Newspaper
Friday, Mar 28, 2003

Southern States

Southern States - Kerala

Antony for amendment to Forest Act

By Our Special Correspondent

THIRUVANANTHAPURAM MARCH 26. The Kerala Chief Minister, A.K. Antony, is spearheading a move at the national level for amendment to the Forest (Conservation) Act.

Though the demand for an amendment is being made in the name of tribals, the move is essentially for protection of the interests of the people who had encroached upon forests in various States.

Tribal land had been alienated in as many as 19 lakh cases in the country. Of this, restoration had been effected by various State Governments in only about four lakh cases.

In Kerala, there are more than 1,000 such cases of which restoration had been effected only in three cases. Mr. Antony is now proposing to divert reserved forests for rehabilitation of the displaced tribals.

Besides, there are a number of cases of farmers having encroached upon forest land.

Powerful persons and companies are in possession of a large number of forest land, either encroached or on lease. Governments are keen on regularising these encroachments.

The enactment of the Forest Act had, to some extent, checked encroachments and diversion of forest land for non-forestry purposes.

The Supreme Court's interpretation of the law in the Godavarman vs. Union of India case in November 2001 made the law tighter. The Court restrained the Central Government from regularising encroachments in the country.

This came in the way of regularisation as well as assignment of forests planned by the States such as Madhya Pradesh, West Bengal, Bihar, Andhra Pradesh, Jharkhand and Orissa.

As the Court adopted the dictionary meaning of forests, it also became mandatory for the State to even protect the standing trees on private forests. Moves for obtaining forest clearance for various developmental and other purposes, including assignment to tribals and renewal of leases, have also been hit by the order. In Maharashtra and Assam, the orders issued by the Ministry of Environment and Forests are leading to eviction of tribals who have occupied forest land.

It is against this background that Mr. Antony is trying to gain support of various States to press the Centre for an amendment of the Act. He has already raised the issue at the National Development Council and other fora.

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