micro-organisms that inhabit in the forest and surrounding areas and their associated
genetic diversity. Convention on Biological Diversity (CBD) defines forest biodiversity as, “Forest biological diversity means the variability among forest living
organisms and the ecological processes of which they are part; this includes diversity
in forests within species, between species and of ecosystems and landscapes.”
3 Evolution of Forest Law in India
India is home to the largest indigenous population in the world. Forestry constitutes
the second largest land use in India after agriculture covering about 641,130 km
2 , or
22 % of the total land base. These statistics are also very important, driving home
the quantum of forest dependence in our country. An estimated 200 million people
depend on forests for at least part of their livelihoods.
5 Forest dwellers, including a
high proportion of tribals, are among the poorest and most vulnerable groups in
society. Historically, forests in India during the pre-British period were managed by
communities living in and around the forests and by people dependent on them for
their sustenance and livelihood. The Forest Charter of 1855 was the first attempt by
the British Indian government in the direction of forest governance. The Charter of
1855 was followed by the Indian Forest Act, 1865,
6 which was amended in 1878
and then again in 1927. It was the Indian Forest Act, 1878
7 which radically changed
the nature of common property and made it state property. Limited access was
provided on reserved forests. After independence, food security for the millions of
starving and hungry Indians, industrialization and development activities such as
irrigation projects and large hydroelectric power projects were some of the
important issues that needed immediate attention. The main objective of forest
management those days therefore was to serve the purpose of industry and agriculture. Hence, protection of forest as a biodiversity tool was never thought of.
In the year 1972, at the request of the states, the federal government (6) passed
the Wildlife Protection Act, 1972.
8 Though not directly related to forests, the Act
did have a significant impact on their management and therefore also on people
living in forests and dependent on forests for their sustenance and livelihood.
Biodiversity is a new term introduced in twentieth century, where a balance has to
be made between the protection of forest on one hand and protecting the people
who are dependent on the livelihood on forest.
Forests hold the majority of the India’s terrestrial species: tropical, temperate and
boreal forests offer a diverse set of habitats for plants, animals and micro5
‘State of Forests Report 2009’ available at http://www.fsi.nic.in/sfr_2009/executive_summary.pdf.
6
Act No. I of 1865.
7
Act No. VII of 1878.
8
Act No. 53 of 1972.
A Critical Analysis of Law Relating to Biodiversity …
123
genetic diversity. Convention on Biological Diversity (CBD) defines forest biodiversity as, “Forest biological diversity means the variability among forest living
organisms and the ecological processes of which they are part; this includes diversity
in forests within species, between species and of ecosystems and landscapes.”
3 Evolution of Forest Law in India
India is home to the largest indigenous population in the world. Forestry constitutes
the second largest land use in India after agriculture covering about 641,130 km
2 , or
22 % of the total land base. These statistics are also very important, driving home
the quantum of forest dependence in our country. An estimated 200 million people
depend on forests for at least part of their livelihoods.
5 Forest dwellers, including a
high proportion of tribals, are among the poorest and most vulnerable groups in
society. Historically, forests in India during the pre-British period were managed by
communities living in and around the forests and by people dependent on them for
their sustenance and livelihood. The Forest Charter of 1855 was the first attempt by
the British Indian government in the direction of forest governance. The Charter of
1855 was followed by the Indian Forest Act, 1865,
6 which was amended in 1878
and then again in 1927. It was the Indian Forest Act, 1878
7 which radically changed
the nature of common property and made it state property. Limited access was
provided on reserved forests. After independence, food security for the millions of
starving and hungry Indians, industrialization and development activities such as
irrigation projects and large hydroelectric power projects were some of the
important issues that needed immediate attention. The main objective of forest
management those days therefore was to serve the purpose of industry and agriculture. Hence, protection of forest as a biodiversity tool was never thought of.
In the year 1972, at the request of the states, the federal government (6) passed
the Wildlife Protection Act, 1972.
8 Though not directly related to forests, the Act
did have a significant impact on their management and therefore also on people
living in forests and dependent on forests for their sustenance and livelihood.
Biodiversity is a new term introduced in twentieth century, where a balance has to
be made between the protection of forest on one hand and protecting the people
who are dependent on the livelihood on forest.
Forests hold the majority of the India’s terrestrial species: tropical, temperate and
boreal forests offer a diverse set of habitats for plants, animals and micro5
‘State of Forests Report 2009’ available at http://www.fsi.nic.in/sfr_2009/executive_summary.pdf.
6
Act No. I of 1865.
7
Act No. VII of 1878.
8
Act No. 53 of 1972.
A Critical Analysis of Law Relating to Biodiversity …
123