4.1 Indian Forest Act, 1927
This was the first legislation drafted during the British Regime for the protection of
forest.
12 The preamble to the Indian Forest Act, 1927
13 states that the object of the
law is to consolidate the law relating to forests, the transit of forest produce and the
duty that can be levied on timber and other forest produce. The striking feature in
the law is the absence of any definition of forest or forest land. This Act provides
definitions for the forest produce and includes timber, charcoal, caoutchouc, catechu, wood-oil, resin, natural varnish, bark, lac, mahua flowers, mahua seeds, kuth
and myrabolams, and trees and leaves, flowers and fruits, and all other parts or
produce not hereinbefore mentioned, of trees, wild animals and skins, tusks, horns,
bones, silk, cocoons, honey and wax, and all other parts or produce of animals, and
eat, surface soil, rock and minerals. It also defined reserved forest,
14 protected
forest
15 and village forest.
16
4.2 Wildlife (Protection) Act, 1972
The Wildlife Act, 1972
17 was passed to protect the wildlife and their habitats. This
was in relation to the International conventions
18 signed by India. What worried
was that habitat destruction due to agriculture, industries, urbanization and other
human activities had led to the erosion of the country’s wildlife. Thus, the Act
regulated the setting up and control of game parks to be referred to as National
Parks and declared many species as protected animals and also provided for
stringent punishments for poachers or other persons who killed wild animals.
Effectively the Act banned hunting for pleasure or sport. The Act has six schedules
which cover the entire gamut of wild life. There is a constitution of wild life
12
Though the Act was drafted in 1865 it was amended twice and the final Act came in 1927.
Before this there were only charters.
13
Act XVI of 1927.
14
Under section 20 of the Forest Act, 1927, reserved forest means ‘an area mass of land duly
notified under the provisions of India Forest Act or the State Forest Acts having full degree of
protection’. In Reserved Forests all activities are prohibited unless permitted.
15
Under section 29 of the Act, protected forest means, ‘an area or mass of land notified under the
provisions of India Forest Act or the State Forest Acts having limited degree of protection’. In
Protected Forests all activities are permitted unless prohibited.
16
Village forest is defined under section 28 of the Act under which the Government may assign to
any village community the rights over a land which may not be a part of a reserved forest for use of
the community.
17
Act No. 56 of 1972.
18
Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES),
Convention on the Conservation of Migratory Species of Wild Animals, etc.
A Critical Analysis of Law Relating to Biodiversity …
125
This was the first legislation drafted during the British Regime for the protection of
forest.
12 The preamble to the Indian Forest Act, 1927
13 states that the object of the
law is to consolidate the law relating to forests, the transit of forest produce and the
duty that can be levied on timber and other forest produce. The striking feature in
the law is the absence of any definition of forest or forest land. This Act provides
definitions for the forest produce and includes timber, charcoal, caoutchouc, catechu, wood-oil, resin, natural varnish, bark, lac, mahua flowers, mahua seeds, kuth
and myrabolams, and trees and leaves, flowers and fruits, and all other parts or
produce not hereinbefore mentioned, of trees, wild animals and skins, tusks, horns,
bones, silk, cocoons, honey and wax, and all other parts or produce of animals, and
eat, surface soil, rock and minerals. It also defined reserved forest,
14 protected
forest
15 and village forest.
16
4.2 Wildlife (Protection) Act, 1972
The Wildlife Act, 1972
17 was passed to protect the wildlife and their habitats. This
was in relation to the International conventions
18 signed by India. What worried
was that habitat destruction due to agriculture, industries, urbanization and other
human activities had led to the erosion of the country’s wildlife. Thus, the Act
regulated the setting up and control of game parks to be referred to as National
Parks and declared many species as protected animals and also provided for
stringent punishments for poachers or other persons who killed wild animals.
Effectively the Act banned hunting for pleasure or sport. The Act has six schedules
which cover the entire gamut of wild life. There is a constitution of wild life
12
Though the Act was drafted in 1865 it was amended twice and the final Act came in 1927.
Before this there were only charters.
13
Act XVI of 1927.
14
Under section 20 of the Forest Act, 1927, reserved forest means ‘an area mass of land duly
notified under the provisions of India Forest Act or the State Forest Acts having full degree of
protection’. In Reserved Forests all activities are prohibited unless permitted.
15
Under section 29 of the Act, protected forest means, ‘an area or mass of land notified under the
provisions of India Forest Act or the State Forest Acts having limited degree of protection’. In
Protected Forests all activities are permitted unless prohibited.
16
Village forest is defined under section 28 of the Act under which the Government may assign to
any village community the rights over a land which may not be a part of a reserved forest for use of
the community.
17
Act No. 56 of 1972.
18
Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES),
Convention on the Conservation of Migratory Species of Wild Animals, etc.
A Critical Analysis of Law Relating to Biodiversity …
125