Nagpur: The central government has decided to make the existing provisions free from crime. Indian Forest Act (IFA), 1927, by amending certain provisions relating to trespassing, grazing, burning, felling of trees, or pulling down of fallen trees, etc.
The existing section 26 of the IFA means that a person who encroaches on a reserve forest or who grazes cattle or causes negligent damage to cutting down any tree or cutting and pulling any wood, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine of Rs. may be fined up to Rs. 500, or both, with imprisonment of either description for a term which may extend to one year and with fine which may extend to Rs.2,000 or with both.
As per the proposed amendment, the violators shall be able to escape by paying a fine of Rs 500 in addition to such compensation for the damage caused to the forest as the guilty court may direct the violator to pay. The Center thus proposes to remove the imprisonment clause.
Similarly, under section 33 of the IFA, if any person commits an offense relating to the burning of leaves or a fire kindled by him in the vicinity of any tree in a reserve or protected forest or the tree falls or pulls wood and causes damage to the trees to cattle If allowed to be delivered, he shall invite fine of Rs.500 and imprisonment. Here also the Center has proposed to remove the section of imprisonment.
MoEFCC has invited comments from NGOs, individuals and stakeholders on the proposed amendments by July 31, 2022. Making amendments, the MoEFCC has clarified that the IFA provides that certain operations such as quarrying, construction process, removal of forest produce, clearing or breaking of land etc. are still prohibited and violators will be punished with imprisonment and fine. will be determined.
“The idea of MoEFCC may be to reduce crimes and rationalize punishments on trespassers, but it appears to be a covert move to gradually reduce the IFA. Tomorrow, we do not know whether many more provisions will be reduced. IFA provides a legal framework for conservation and management of forests and produce, and instead of increasing the provision for penalties and fines, the Center is diluting the Act,” said the wildlife conservationist. Prafulla Bhamburkar,
Former PCCF Tasneem Ahmed, Maharashtra, says, “MoEFCC’s move seems to be without considering the philosophy behind the existing penal provisions at IFA 1927. The Indian government would rise every now and then to destroy IFA 1927 by trying to unwisely destroy it. I recommend the MoEFCC officials to first study the IFA 1927 as a whole and understand the sound philosophy and jurisprudence behind each provision and then think of revising the same.
Environmentalist Devi Goenka said, “The proposed amendments defy common sense and logic. In this age of climate change, where every square inch of forest is important, the idea that someone can destroy hundreds of acres of forest with a carelessly lit cigarette.” and escape a fine of Rs 500, is perverted and temperamental.”
Goenka said, “The MoEFCC should, instead of removing the criminal provisions, increase them. And, instead of a fine of Rs 500, the amount should be increased by 10 times the value of the forest destroyed by the fire and an additional amount that was caused by the fire.” necessary for restoration of damages. ”
“If the fire has started during the collection of Minor Forest Produce (MFP) like tendu patta (leaves), the contractor should also be prosecuted and fined. All fines should be recovered as arrears of land revenue. Lastly, if fire results in destruction or death of species protected under the Wildlife Protection Act (WPA) 1972, additional offenses should also be registered under the Act,” Goenka stressed.
FacebookTwitterinstagramKu APPyoutube