Monday, January 19, 2015

06 Forest conservation clearances in India-III. The extraordinary difficulty of saying no

(A long version of the article is available at this link)

The coal sector and forest clearances


According to the Twelfth Five Year Plan (2012-2017), India is the world’s fourth largest consumer of coal (Planning Commission of India, 2012?, Vol.II, pp.130 et seq.). Total energy requirement is projected to grow at over 5% for the next two plan periods, and coal expected to remain the “dominant source of primary energy” (ibid., p.132). What is worrisome however, is that some of these projects “are plagued with uncertainties regarding fuel supply because they were based on imported coal and changes in government policies in the countries where the coal mines were located have raised the cost of coal”, a contingency not provided for in the power tariff agreements with the private investors (ibid., p.138 and p.149). The main impediments to achieving coal production were the “delays in forest and environmental clearances, problems of land acquisition and R&R, allocation of a block to more than one user and so on…”, “implementation of the Forest Rights Act, 2006” (ibid., p.134, 159), necessitating imports to fill the gaping shortage of 100 million tonnes in 2011-12, and leaving  25,000 MW of commissioned capacity under-utilized according to the Plan document (ibid., p.159).

View of Chotia hillside, Hasdeo-Arand coal field
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From the environment and forest ministry’s point of view, however, there did not seem to be any grave deficiency in the forest and environment clearance process, keeping in view the need to carry out the conservationist spirit of the laws.

Friday, January 16, 2015

05 Forest conservation clearances in India-II. Avoiding fait accompli situations

(A long version of the article is available at this link)

Avoiding fait accompli situations

One of the chronic problems for the Forest Advisory Committee (and the MoEF) has been that proposals usually come up at the fag end of the project cycle, when massive investments have already been made in plant and machinery, roads and other infrastructure, and so on. Thus the FAC and MoEF can easily be made to appear as the ‘villain’ of the play, and the very fact that all other clearances have been already given, private and public investments already secured, bank clearances given, and production about to start, makes it almost impossible for the forest clearance to be denied. The user industry and the other ministries, imminent visits of national and international figures and international agencies are also there to bring some sort of pressure, moral if not direct, for acquiescence to the situation. Moreover, the project entities are usually willing to agree to any ameliorative or mitigative measures imaginable, at any cost, to get the project going, which makes the grounds for refusal of forest clearance appear trivial and specious, in comparison with the enormous gains to be made from commissioning the project;

These are termed fait accompli situations, and there are explicit exhortations in the FCA  Guidelines to avoid, or obviate, them.  In para 4.4, for instance, on “Projects Involving Forest as well as Non-forest Lands”, it is pointed out (disapprovingly) that work is often started on the non-forest components “in anticipation of the approval of the Central Government for release of the forest lands required…” (Handbook, p.36). In this context,

“Though the provisions of the Act may not have technically been violated,  by starting of work on non-forest lands, expenditure incurred on works on non-forest lands may prove to be infructuous if diversion of forest land involved is not approved. It has, therefore, been decided that if a project involves forest as well as non-forest land, work should not be started on non-forest land till approval of the Central Government for release of forest land under the Act has been given. (Handbook, p.36-37, emphasis in original).

It is not very clear what statutory force this “decision” has, as the Guidelines are usually considered to be of an advisory, rather than a binding, nature. In the real world, of course, almost no state government or, for that matter, project proponent, actually follows this advice, well aware that the best bet for getting forest clearance is to create as huge a fait accompli as funds will permit. Desperate ends, in other words, call for desperate measures, and the price to be paid will be only the odd project here and there suspended for making a moral example by (rarely) the ministry, or more usually by the courts in response to public interest litigation (PIL).


References
Government of India. 2004. Handbook of Forest (Conservation) Act, 1980 (with Amendments made in 1988), Forest (Conservation) Rules, 2003 (with Amendments made in 2004), Guidelines & Clarifications (Up to June, 2004). Ministry of Environment & Forests, New Delhi

Sunday, January 11, 2015

04 Forest conservation clearances in India-I. Features of the Forest (Conservation) Act,1980


Forest conservation clearances in India-I. Features of the FCA, 1980

The Forest (Conservation) Act was passed in 1980 with the stated objective “to provide for the conservation of forests and for matters connected therewith or ancillary or incidental thereto”. Since then a huge body of orders and proceedings has accumulated, issued by the Ministry of Environment & Forests (MoEF), as well as an almost parallel undertaking by the Central Empowered Committee (CEC) and its originator, the Supreme Court (SC) (Dutta and Yadav, 2011), and now the National Green Tribunal (NGT). Throughout the period, there has been more than average interest in the working of these institutions, and in the rationale and the implications of decisions handed down by them in a myriad of cases, and criticism from both the environmentalists, who want more control, and the development protagonists, who find the Act a huge stumbling block.


During the last five year plan, the pace of development has been pushed up to meet the aspirations of the nation, and the frustration of the industrial and political leadership with the environmental controls has correspondingly risen to almost intolerable levels. Lurid stories of corruption and bureaucratic ineptitude have been bandied about, the ministers responsible have been portrayed as ‘green terrorists’ and worse, and efforts made on either side to take the decisions out of the hands of the MoEF, either by instituting an independent Authority or by giving the final say to a high-level committee at Cabinet level.

Thursday, January 8, 2015

03 Forestry challenges in India-II. Threats, opportunities

The challenges facing forestry in India-II. The threats and opportunities

In the previous section, some of the strengths and achievements of the forest sector were summarized. This section looks at the other side of the picture; or rather, looks at the picture from the other viewpoint, that of the social environmentalists and activists.

One of their major criticisms is that the whole forest administration set-up and governance framework is a vestige of the colonial government, and in their view this renders the work of the department devoid of merit.

Saturday, December 27, 2014

02 Forestry challenges in India-I. Strengths, achievements

The challenges facing forestry in India-I. The strengths and achievements

In addressing the question of what challenges are before the forest sector in India today, I thought that it would be a good starting point to look at how the sector has dealt with its challenges in the past, and where its main successes and deficiencies lie. The present is obviously not unconnected to the past, and we may be able to make a realistic assessment of our present position if we look at where we came from and in what shape we have come through those past challenges.

The basic fact of forests as a resource is that they are in the nature of an ‘open treasury’, owing to their generally wide geographical expanse, the impossibility of erecting boundary fences or maintaining them in perfect condition over all the areas and over long periods of time; and the intimate juxtaposition of human settlements and forest patches. Given the huge population and high population densities of India, it was difficult even in pre-independence times to closely protect the nearer forest blocks, and only the more distant and mountainous tracts had their vegetative cover left in any good condition. Even there, although the population densities of forest dependent or tribal communities may have been comparatively low, the practice of slash-and-burn shifting cultivation took its toll (although social environmentalists have been at great pains too make out a case for this practice during recent years). In the densely settled plains, the pressure of human populations was all the heavier, through hacking for local needs like firewood and small timber, only exacerbated by the administrative pressure to generate revenue through commercial harvesting. There has been a continuous imbalance between supply and demands for both subsistence consumption and market products, and the situation was getting so out of hand that the Supreme Court had to intervene and order a cessation of the rampant fellings that had been going on in the richest forest areas such as the Western and Eastern Himalayas, the Western and Eastern Ghats, and other ecologically sensitive areas of the country. India has been a good example where a comprehensive legal framework and a strong judicial institution have together contributed to a better forest conservation situation, supported additionally by a bold and imaginative change in the national forest policy, that was taken up and developed on the ground by a highly motivated and well-knit forest service that had a great pride in its own competence and record of achievements in a hostile environment.

Let’s look at some basic assessments of the forest cover in India. According to the Forest Survey of India’s successive State of Forest Reports (SFR), there has been a small increase in the forest cover from around 66 million hectares (mha) in 1997 to 69 mha in 2007, or some 3 mha, even after correcting for a certain amount of re-computation of the figures owing to improvement in the technology of satellites, sensors, and interpretation methodologies. Subsequently,  the forest cover has increased slightly to 69.8 mha in 2011 as per the latest SFR (2013). We will have to wait for the 2015 report to see whether this moderate rate of increase has been maintained, as it may be only now that the effects of two trends, one the heightened pace of development, and second the thrust given to distribution of forest lands under the Forest Rights Act (2006), begin to be visible in the field. A small chart is given below to portray this gradual stabilization of the forest cover in graphic terms.
How did this come about? It is sometimes (and not kindly) dubbed a ‘miracle’ (Jay Mazoomdar, 2012 in Tehelka Magazine, Vol 9, Issue 08, Dated 25  Feb 2012), as if forests are indestructible and self-sustaining. We foresters cannot suppress a little smile when we read such things. Of course it was not a miracle, dear Sir, and what has contributed to the improved situation has been a combination of many factors, which we will be discussing in more detail. Without the long foresight of the colonial administrators, the dedicated work of the staff on the ground, and the culture and ethos of the people which engenders a natural respect for life and nature, a country with such a huge population and so many problems could hardly have succeeded in maintaining such a rich biodiversity stock and forest cover.

In summary, we may also mention the changes between the 1952 forest policy and the 1988 policy, which reduced the pressure for commercial returns and increased the support for ecological and environmental considerations (including livelihood support), which naturally gave a push to the induction of mechanisms and institutions for participatory management with communities, that goes under the name of Joint Forest Management (JFM) in India. Between the early 1980’s, when the first experiments in JFM were initiated in pockets like the Aravallis in Haryana and Midnapore in Bengal, the number of JFM committees (also called Village Forest Committees, VFCs) had grown to some 118,000 by 2011, looking after around 23 mha of forest in the country (see chart). The figures for interim years have been culled from different reports and papers, as follows. N.C. Saxena, in his detailed account The Saga of Participatory Forest Management in India (CIFOR Special Publication , 1997) quotes an estimate by Singh & Khare (1993) that  by 1993 JFM had been implemented on some 1.5 million ha (mha) of forests under some 10,000 FPCs. As on 15 August 2001, there were 62,980 committees managing 14.25 mha forest area (FRI Dehradun, Status of Joint Forest Management in India (as on June 2011), Dehradun, 2011). By September 2003, Government of India reported that it covered some 17.33 mha with 84,642 JFM Committees in 27 states (Ministry of Environment & Forests figure, quoted in Ravindranath & Sudha, 2004, Joint Forest Management in India: Spread, Performance and Impact, Universities Press). Joint Forestry “Updates” were occasionally published by the “JFM Network” with support from the Ford Foundation. In 2006, when the next status report was prepared by the ICFRE, there were 1,06,482 JFM committees managing 22.01 mha forest (FRI, 2011, cited above). By 2011, as stated in the FRI report of 2011, the numbers stood at 22.9 mha area under various forms of JFM, involving around 1,18,213 village or hamlet communities (compared to the estimated 2,50,000 gram sabhas under the Panchayati Raj regime).
A second major factor has been the Forest Conservation Act or FCA (1980), which took away the power of the state governments to dereserve forest areas, and made it mandatory to obtain the permission of the central government, on the basis of the advice of a Forest Advisory Committee (FAC) consisting of both government officials (mainly forest officers in the central Ministry of Environment & Forests, MoEF), and non-official members with expertise in forestry, wildlife and environmental conservation. The Supreme Court took up the cause of forest conservation and implementation of the FCA  under the umbrella of the ‘Godavarman’ case, which has been running right from the 1990s, using it as a platform to pass hundreds of orders on forest management, administration, policy and conservation. It is perhaps thanks to the Supreme Court, and the numerous advocates, academics, officials, and activists who assisted the Court in various ways, that the governance of forests was made a national issue, and some degree of stability has been achieved. As one of the honourable judges confided to us a few years back, the Supreme Court justices decided to pass very strong orders, curtailing fellings, instituting supervisory mechanisms, and so on, because the situation had got out of hand, “like a team of runaway horses” that had to be lassoed and tied down. A system of payments for the damage (or use) of the environmental services of diverted forest areas was instituted by the court through the net present value (NPV) payments, and this together with the payments towards compensatory afforestation (CA) were directed to be put into a fund maintained by the central ministry (called the CAMPA fund), rather than having the amounts lying around with the state administrations. The situation is not perfect, but definitely there is now some system and order in the CAMPA affairs thanks to the scheme drawn up by the ministry with the court’s approval and guidance.

Ministry assessments are that the rate of annual diversion of forests, which used to be of the order of some 150,000 ha per year before the FCA came into force, came down to around 38,000 ha per year after 1980, or even lower, 23,000 ha per year if the pre-1980 legacy of 366,000 ha eligible lands are excluded from the post-1980 tally. We will look at these aspect also in the ensuing articles.

Another area where the forest sector has been able to register some gains is in wildlife, with a network of some 688 protected areas (PAs) as on September 2013, comprising of 102 National Parks and 515 Wildlife Sanctuaries, with most of the world’s wild tigers and Asian elephants being found in and around these areas, apart from other animals, birds, reptiles, other organisms of both land and water, and flora. Since there is so much material available in the media and popular magazines like Sanctuary Asia about wildlife, we need not repeat all those details. Suffice it to say at this point that these achievements have been made not just by luck, but again by a combination of administrative measures, scientific activity, advocacy by interested individuals and organizations, and most of all thanks to the ethos and tolerance of our people. Of course much more needs to be done to consolidate and insulate these islands of biodiversity, and to achieve a sustainable relationship of wildlife with people outside the PAs. These are all matters of intense and sometimes passionate debate, and some of these socio-economic and public policy aspects will be discussed in ensuing instalments. The Protected Areas are estimated to cover around 20.6% of the forest area, or 4.9% of the total geographical area of the country, and more areas need to be set aside to secure different ecological systems, rescue and restore connecting corridors and buffers, and include prime natural habitats and refuges in the network.

Agroforestry and restoration of degraded lands (both within and outside the forest under the charge of the forest departments) is another area where significant efforts have been made, and substantial benefits reaped. Although the subject of agroforestry itself has been transferred to the agriculture sector in the central ministries, the forest departments are still playing a crucial role on the ground in the states, whether through production of planting stock, or through research and extension support, apart from significant field activity through state schemes and externally-aided projects, which still recognize the synergy between the forest and adjoining non-forest lands in the rural landscape. It is estimated that the major portion of timber feeding the market is now from trees outside forest: one study, done by Devendra Pandey for the India Forest Sector Report, 2010 (published by the ICFRE on behalf of the ministry) records that trees outside forest (TOF) produced some 44.3 million cum of timber, as against just above 2 million cum for timber from the forest departments. This shows the importance of the non-forest sector for production of wood in the country, especially with the strict controls imposed on fellings in the managed forests.


Apart from agroforestry, there has also been a concerted effort to restore the huge tracts of degraded lands to a better state, by v arious interventions and models like assisted natural regeneration (ANR), inter-planting, block planting, soil conservation, etc. depending on the site conditions and availability of suitable species and techniques. Over the years, the approach has changed from clear-felling and planting of exotics, to a more ecologically sensitive one based on participatory planning, attention to local needs, and inter-departmental efforts like watershed development. The National Afforestation Programme (NAP), the many externally-aided projects (EAPs), and lately the Green India Mission (GIM) which was drawn up in 2010-11 and commenced operations in the current five-year plan (2012 onwards), are programmes that will merit mention and review.

These, we feel, are some of the major strengths and achievements of the forest sector in India, which the country can be proud of. However, nothing is perfect (especially in the public sector!), and we will go on to discuss the weaknesses and deficiencies in the forest departments and their approach from other points of view.




Saturday, November 29, 2014

01 A forester talking about forests...

I believe it was Professor M.S.Swaminathan who commented somewhere that everybody seems to be talking about forestry except foresters. This is a blog by a retired Indian forester... trying to make sense of almost four decades in the forest service. I hope I will be able to address some of the most significant issues in forestry here, and that it may be of some passing interest, perhaps to fellow foresters, perhaps even to others in the field. Thanks for looking in!