With its focus on speeding up resolution of forest-related violations, the government has now proposed to amend the Indian Forests Act, 1927 — the umbrella act for protection of forests resources, forest biodiversity and wildlife of the country — which, if implemented, could do away with imprisonment for several violations under the Act.
The Ministry of Environment, Forests and Climate Change (MoEFCC) has issued a notice for public consultation seeking people’s views and comments to the proposed amendments by July 31.
According to the ministry, the amendments are aimed at decriminalising “relatively minor violations” of law which could help in expeditious resolution of complaints, reduce compliance burden on citizens, rationalise penalties, and subsequently prevent harassment of citizens.
No Jail Term
The proposed changes concern Section 23 and 33 of Indian Forests Act, 1927, which details certain acts that are prohibited in forests for protection and conservation.
The amendments seek to decriminalise offences like kindling, keeping or carrying fire in a reserved forest without permission, trespassing or pasturing cattle or causing any damage by negligence in felling any tree in a reserved forest. They also seek to decriminalise acts like leaving a burning fire kindled by the person in the vicinity of any tree reserved under Section 30, or felling any tress or dragging timber to damage any reserved tree, or permitting cattle to damage such tree.
The offences were earlier punishable with imprisonment for a term which could even extend to six months, a penalty that the Environment Ministry now seeks to remove.
“At times, there are difficulties in differentiating between a major and minor offence and because of that punishments are often not distinct,” stated the ministry. “This abets habitual offenders to commit more crimes as there is same level of punishment for both first time and repeat offender. Hence, it is required to incorporate differentiate penal provisions in the Act by amending IFA, 1927.”
The substantive changes in the Section 26 (c), (d) and (e) and Section 33 (e), (f), and (g) of the IFA, 1927 will remove the provision of imprisonment, and the offences will now only remain punishable with a fine which may extend to Rs 500, in addition to such compensation for damage done to the forest as the convicting court may direct to be paid.
The umbrella Act provides the legal framework for the protection and management of forests, transit of forest produce and timber, and the duty leviable on timber and other forest produce. In case of non-compliance, the offender can be punished with fines and imprisonment.
Citizens can share their views and comments with the ministry by July 31.
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