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Environmental Law: Forest Conservation in India

Introduction​

Forest conservation is a critical aspect of environmental law in India. This chapter explores the key legislation and case laws related to forest preservation in the country.

The Indian Forest Act, 1927​

The Indian Forest Act, 1927 is the primary legislation governing forest conservation in India. Key provisions include:

  • Section 2(1): Defines forests as land covered with trees, shrubs, grasses, vines, mosses, lichens, fungi, and wild flowers.
  • Section 3(1): Empowers state governments to declare forests as protected areas.

Wildlife Protection Act, 1972​

The Wildlife Protection Act, 1972 supplements the Indian Forest Act by providing additional protections for wildlife habitats:

  • Section 38: Prohibits hunting and poaching of endangered species within protected areas.
  • Section 39: Imposes penalties for violations of wildlife protection laws.

Case Law Illustrations​

M.C. Mehta v. Kamal Nath (1997)​

In this landmark case, the Supreme Court ruled on the constitutionality of the Forest Conservation Act, 1980:

  • Legal Section: Section 2(d) of the Forest Conservation Act, 1980
  • Case Summary: The court upheld the constitutionality of the act, affirming the central government's power to regulate forest clearance.

T.N. Godavarman Thirumulpad v. Union of India (1997)​

This case established the principle of "forest-first approach":

  • Legal Section: Section 2(d) of the Forest Conservation Act, 1980
  • Case Summary: The court ruled that all forests must be treated as protected areas until proven otherwise, reversing the earlier practice of treating forests as common property resources.

Conclusion​

Forest conservation in India is governed by a complex interplay of laws and regulations. Students of law and LLB programs should familiarize themselves with these legal frameworks and case laws to understand the nuances of environmental protection in the country.

For further reading on this topic, please refer to the following document:

../docs/Law/Environmental Law/12 Forest Conservation.md