A nation-wide collective of peoples movments, forests peoples and workers struggle organisations, academics, researchers, civil society organisations, etc. have come together to comprehensively reject the Draft Forest Policy 2018 promoted by Indian Ministry of Environment, Forests and Climate Change on the following key grounds, among others:
1) Indian Environment Ministry has promoted the policy without participation of the Indian Ministry of Tribal Affairs as is mandatory as per the Government of India (Allocation of Business) Rules, 1961 and the Forest Rights Act, 2006.
2) The policy has been promoted without the participation of the State and Local Governments as is required by the Constitution of India.
3) The policy has been developed without consultation with the Gram Sabhas and Forest Rights Committees, as is necessary per the Forest Rights Act 2006 and the National Biodiversity Authority, State Biodiversity Boards and Biodiversity Management Committees as required in the Biological Diversity Act, 2002. Similarly, the policy has been drafted without conformance with Panchayat (Extenion of Scheduled Areas), Act, 1996, Constitutional 73rd Amendment (Panchayat Raj) Act, 1992, Constitutional 74th Amendment (Nagarpalika) Act, 1992, as none of the Local Governments have been informed of the developmen of a policy in which they have an intrinsic role.
4) Overall, the polcy is designed to defeat the fundamental features of the Forest Rights Act, as the effort of Ministry is to provide access to private sector to take over afforestation in so called "degraded forests" and "outside forests" by passing statutorily mandated clearance systems.
5) The policy makes no serious effort to comprehend the risks latent to India's forests due to weak implementation of existing laws, and the need to protect natural ecosystems like grasslands and wetland ecosystems, which are biodiversity rich, but are not protected as though they are forests due to weaknesses latent in existing forest and natural ecosystem protection laws.
The signatories have therefore demanded that the Environment Ministry must withdraw this deeply problematic and undemocratic policy. The existing Forest Policy 1988 needs to be reviewed based on a deeply democratic process, comprehending all the new legilslations that have been enacted subsequently and ensuring the principle of cooperative federalism is respected. This would require Local Governments and State Governments must be actively involved in shaping the new policy, and the Central Environment and Tribal Affairs Ministry, and other Ministries which have a direct role (Eg. Rural Development), must facilitate such a process.
The representation submitted to the Government of India rejecting the Draft Forest Policy 2018 is enclosed.
Mr. C. K. Mishra, IAS
Secretary
Ministry of Environment, Forests and Climate Change
Government of India
Mr. Noyal Thomas, IFS
Dy. Inspector General of Forest (Forest Policy)
Ministry of Environment, Forests and Climate Change
Government of India
14thApril 2018
Reg.: Demand withdrawal of Draft National Forest Policy, 2018, issued for public comment on the website of the Ministry of Environment, Forests and Climate Change (MoEF&CC)
Dear Mr. Mishra and Mr. Thomas,
The undersigned comprehensively reject the aforesaid policy as being void ab intiofor reasons stated below.
The draft policy is in violation of the Constitutional schema and applicable law and policy:
Overstepping the MoEF&CC mandate as prescribed in Environment Protection Act, 1986:
Efforts to hand over forests to private sector unconstitutional, ecologically destructive and an attack on livelihoods of Adivasis and other forest dependent communities:
Draft Forest Policy reflects weak or no understanding of India's biological diversity:
Condemn the fraudulent claim there is no money for afforestation and environmental conservation:
Our demands:
Yours truly,
Leo F. Saldanha, Coordinator, Environment Support Group, Bangalore (Address for communication listed below)
Kshitij Urs, Regional Manager, Action Aid Association, Bangalore
Prof. Babu Mathew, National Law School of India University, Bangalore
Nandini B. K., Action Aid Association, Bangalore
Medha Patkar, Narmada Bachao Andolan (NBA) and National Alliance of People’s Movements (NAPM)
Ashok Chowdhury, All India Union of Forest Working People(AIUFWP), Saharanpur, Uttar Pradesh
Nandini Sundar, Professor, Department of Sociology, Delhi School of Economics, University of Delhi
Amita Baviskar, Professor of Sociology , Institute of Economic Growth, Delhi
Himanshu Thakkar, Coordinator, South Asia Network on Dams, Rivers and People
Ranjan Panda, Combat Climate Change Network, India
Suprabha Seshan, Ashoka Fellow, Bangalore
Aruna Rodrigues, Sunray Harvesters, Mhow, M.P.
Sanjeev Kumar, Delhi Solidarity Group
Aruna Roy, Nikhil Dey and Shankar Singh, Mazdoor Kisan Shakti Sangathan (MKSS), National Campaign for People’s Right to Information and NAPM
Prafulla Samantara, Lok Shakti Abhiyan, and NAPM, Odisha
Binayak Sen and Kavita Srivastava, People’s Union for Civil Liberties (PUCL)
Madhu Bhushan, Activist-writer-researcher, Bangalore
Geetanjoy Sahu, Tata Institute of Social Science, Mumbai
Kavitha Kuruganti, Alliance for Sustainable & Holistic Agriculture (ASHA)
Gabriele Dietrich, Penn UrimayIyakkam, Madurai and NAPM (Tamilnadu)
Geetha Ramakrishnan, Unorganised Sector Workers Federation, NAPM, (Tamilnadu)
Sandeep Pandey, Socialist Party and NAPM, Uttar Pradesh
Jagdish Krishnaswamy, Senior Fellow, Centre for Biodiversity and Conservation, Ashoka Trust for Research in Ecology and the Environment (ATREE)
Om Prakash Singh, Executive Director, Citizen consumer and Civic Action Group (CAG), Chennai
P. Chennaiah, Andhra Pradesh Vyavasaya Vruthidarula Union-APVVU and National Centre For Labour and NAPM (Andhra Pradesh)
Ram Wangkheirakpam, Indigenous Perspectives, Imphal, Manipur
Anil K Singh, Secretary General, South Asian Network for Social & Agricultural Development (SANSAD), New Delhi
Kalyan Varma, Independent filmmaker
Sister Celia, Domestic Workers Union, and NAPM, Karnataka
Maj Gen (Retd) S. G. Vombatkere, Mysuru, NAPM, Karnataka
Arundhati Dhuru, Manesh Gupta, NAPM, Uttar Pradesh
Vilayodi Venugopal, CR Neelakandan and Prof. Kusumam NAPM, Kerala
Anand Mazgaonkar and Krishnakant, Paryavaran Suraksha Samiti, NAPM, Gujarat
Ramakrishnam Raju, United Forum for RTI and NAPM (Andhra Pradesh)
Vimal Bhai, Matu Jansangathan, NAPM, Uttarakhand
Manshi Asher, Himdhara Collective, HP
Akshay Jasrotia and Prakash Bhandari, Himachal Van Adhikar Manch, HP
Neeraj Mahar, Research Fellow, Wildlife Institute of India, Uttarakhand
Harender Awasthi, Mahakali Lok Sangathan, Pithoragarh
Manoj Matwal, Harela Society, Pithoragarh
Pradip Kishen, New Delhi
Dayamani Barla, Aadivasi-Moolnivasi Astivtva Raksha Samiti, NAPM, Jharkhand
Dr. Sunilam and Adv. Aradhna Bhargava, Kisan Sangharsh Samiti, and NAPM, Madhya Pradesh
Samar Bagchi and Amitava Mitra, NAPM, West Bengal
Suniti SR, Suhas Kolhekar, and Prasad Bagwe, NAPM ,Maharashtra
Citizens Concern for Dams and Development (CCDD)
Mapithel Dam Affected Villages Organization (MDAVO)
Centre for Research and Advocacy, Manipur (CRAM)
Basant Kumar Hetamsaria and Ashok Verma, NAPM Jharkhand
Kailash Meena, NAPM, Rajasthan
Gautam Bandopadhyay, NAPM, Chhattisgarh
Anjali Bharadwaj, National Campaign for People’s Right to Information and NAPM
Kaladas Dahariya, RELAA, Chhatisgarh
Meera Sanghamitra, NAPM Telangana-Andhra Pradesh
Bhupender Singh Rawat, Jan Sangharsh Vahini, NAPM, Delhi
Faisal Khan, Khudai Khidmatgar, NAPM Haryana
J S Walia, NAPM Haryana
Indian Social Action Forum (INSAF), New Delhi
Dr. Mira Shiva, Initiative for Health & Equity in Society
Lingraj Azad, Samajwadi Jan Parishad, Niyamgiri Suraksha Samiti, and NAPM, Odisha
Guruwant Singh, NAPM Punjab
Nayana Udayshankar, Equitable Tourism Options, Bangalore
Richa Singh, Sangatin Kisan Mazdoor Sangathan, NAPM Uttar Pradesh
Arul Doss, NAPM (Tamilnadu)
Jabar Singh, NAPM, Uttarakhand
Sister Dorothy, NAPM Bihar
Kamayani Swami and Ashish Ranjan, Jan Jagran Shakti Sangathan, and NAPM, Bihar
Mahendra Yadav, Kosi Navnirman Manch, NAPM, Bihar
Bilal Khan, Ghar Bachao Ghar Banao Andolan, Mumbai and NAPM
Rajendra Ravi, Nanhu Prasad, Madhuresh Kumar, Sunita Rani, Amit Kumar, Himshi Singh, Uma, NAPM, Delhi
Nitin Rai, Fellow, ATREE, Bangalore
Aaquib Zabed Mazumder, Rajesh Serupally, NAPM, Telangana – Andhra Pradesh
Amit K, Researcher, National Alliance of People's Movements
Purnendu S. Kavoori
Azim Premji Univrsity
Dr. A.K. Malhotra and Pamela Gale Malhotra – Trustees, SAI (Save Animals Initiative) Sanctuary Trust, State – Karnataka
Afsar Jafri and Shalmali Guttal, Focus on the Global South
Bargi Bandh Visthapit Avam Prabhavit Sangh, Jabalpur, Madhya Pradesh
Chutka Sangharsh Samiti, Jabalpur, Madhya Pradesh
Mallika Virdi, Sarpanch, Sarmoli-Jainti Van Panchayat, Uttarakhand
K Ramnarayan, Sarmoli, Munsiari, Uttarakhand
Emmanuel Theophilus, Munsiari, Uttarakhand
Seetha Ananthasivan, Executive Director, Bhoomi Network and Prakriya Green Wisdom School, Bangalore
Arun V, Students of Sea Turtle Conservation Network (SSTCN), Chennai.
Joe Athialy, Executive Director, Centre for Financial Accountability, Delhi
Dr. Arati Chokshi, Bangalore
K Nagarajan, Bangalore
Kushboo, Action Aid
Jodh Andrews, Action Aid
Sherin Resba V, Action Aid
Divya Gupta, ATREE
Prithvi Raj, Action Aid
Sidda
Ajay
K B gowda
Babu, Hunsur
Sahilendra Kumar,H D Kote, Mysore
Rajesh M, Hunsur
Keerthu,Hunsur
Ramana, Sagara
Renuka, Pariyapattana
Usha, Radio Active
Manjula, Radio Active
Pushpa Achanta, Bangalore
Sheshadri Ramaswamy, Bangalore
A Sapaya Shanthi, Visthar
Aravinda MK, Bethangady
Harish, Malekudiya Sangha
Ashok, Samagra gramina Ashram
Pradeep Ramavath, NLSIU
Chandrashekhar, NLSIU
Linitha Mathur, NLSIU
Sowmini G Prasad, NLSIU
Neeliah, RFC- Swaraj
A Vatsala
Krishna Chakravarthy, Bangalore Media Center
Srinivara, Action Aid
M. Eswara, PCRW-K
Anganika Gogo, The Scott Copy (IIJNM)
Vedika, Azim Premji University
Nayantara, Azim Premji University
Dhwani, Azim Premji University
Khanjan, Azim Premji University
Chitra Ravi, Azim Premji University
Sucheta Nanda , Azim Prem University
Maya Kilpadi, Editor, Earth Magazine, Bangalore
Sheshadri Ramaswamy, Forest Friend, Bengaluru
Amulya Kumar Nayak, Odisha
Kamayani Bali Mahabal, Mumbai
Revati P, Ashoka Trust for Research in Ecology and the Environment (ATREE), Bengaluru
Dr Harini Nagendra, Ecologist, Bangalore
Citizen consumer and civic Action Group (CAG), Chennai
Raghu, CERD, Pondicherry
Ramesh, PSF
Chandrasekar, Bangaru Vaickal Neeradhara Koottamaippu
Probir Banerjee, PondyCAN
C. H. Balamohanan, Alliance for Good Governance (AGG)
Bratindi Jena, Knowledge Activist Hub Natural Resources, Bhubaneshwar
Samir Mehta, International Rivers South Asia
Simar Kohli, Lifetide Water Collective
Dunu Roy, Hazards Center, New Delhi
Radha Holla, Independent Researcher, Noida
Selvam, Tamil Nadu Organic Farmers federation
Dr. Shirdi Prasad Tekur, Bangalore
Francis Guntipilly, Bangalore
Vandana Prasad
Anil Singh
S. S. Rajani, Bangalore
Dr Palla Trinadharao, Advocate and Researcher
Cc.:
Dr. Harsh Vardhan, Union Minister for Environment, Forests and Climate Change, Govt of India
Dr. Mahesh Sharma, Union Minister of State for Environment, Forests and Climate Change, Govt of India
Mr. Jual Oram, Union Minister for Tribal Affairs, Govt. of India
Mr. Jaswantsinh Sumanbhai Bhabhor, Union Minister of State for Tribal Affairs, Govt. of India
Mr. Sudarshan Bhagat, Union Minister of State for Tribal Affairs, Govt. of India
Ms. Leena Nair, Secretary, Ministry for Tribal Affair, Govt. of India
Mr. Pradeep Kumar Sinha, Cabinet Secretary, Govt. of India
Prime Minister’s Office
Parliamentarians
Environment and Forest Ministers and Departments of State Governments and Union Territories
Address for communication:
1572, Ring Road, Banashankari II Stage
Bangalore 560070
Email:[email protected]
Cell: +91-9448377403
Tel: +91-80-26713560~61
[1] The Rules may be accessed at: https://cabsec.gov.in/writereaddata/allocationbusinessrule/completeaobrules/english/1_Upload_1368.pdf
[2] M.C. Mehta v. Kamal Nath, WP (C) 182/1996, Supreme Court of India, in decision dated 13 December 1996.
[3] This report may be accessed at: http://www.planningcommission.nic.in/aboutus/committee/wrkgrp11/tf11_grass.pdf
[4] See, “Give details of CAMPA funds: Supreme Court tells Centre”, Indian Express, 11thApril 2018, accessible at: http://indianexpress.com/article/india/give-details-on-use-of-campa-funds-supreme-court-tells-centre-5132338/