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Subject: Conservation & Mitigation

1. Conservation Progs.
2. Worldwide initiatives
3. Mitigation Strategies
4. Conventions and Protocols

  • An undeclared war with nature

    Wayanad: Eight killed in human-wildlife conflict in past 12 months, wayanad elephant attack, human wildlife conflict, kerala, wayanad, tuskers

    Central Idea:

    The article discusses the escalating human-wildlife conflict in Wayanad, Kerala, attributing it to the loss of ecological connectivity and habitat fragmentation caused by human activities such as deforestation, monoculture plantations, and unchecked tourism. It emphasizes the urgent need for coordinated efforts from government departments and stakeholders to address the crisis and restore ecological balance in the region.

    Key Highlights:

    • Recent tragic incidents involving human fatalities due to wildlife attacks, highlighting the severity of the conflict.
    • Decline in elephant corridors over the past two decades, leading to increased wildlife incursions into human settlements.
    • Impact of wildlife attacks on human lives, agriculture sector, and domestic animals.
    • Destructive effects of deforestation, monoculture plantations, and tourism on the ecosystem.
    • Failure of authorities to address concerns raised by scientists and activists regarding habitat management and conservation strategies.
    • Inadequate response from the government, including the lack of proper surveillance and monitoring in wildlife management operations.

    Key Challenges:

    • Loss of ecological connectivity and habitat fragmentation due to human activities.
    • Escalating human-wildlife conflict resulting in fatalities and economic losses.
    • Lack of effective coordination among government departments and stakeholders.
    • Failure to enforce environmental laws and conservation measures.
    • Insufficient surveillance and monitoring in wildlife management operations.

    Main Terms:

    • Human-wildlife conflict: Conflict arising from interactions between humans and wild animals, often due to habitat loss and encroachment.
    • Ecological connectivity: The uninterrupted movement of species between habitats, essential for maintaining biodiversity.
    • Habitat fragmentation: Division of natural habitats into smaller, isolated patches, disrupting wildlife movement and ecological processes.
    • Monoculture plantations: Agricultural or forestry practices where only one species is cultivated, leading to loss of biodiversity and ecosystem services.
    • Ecotourism: Tourism focused on visiting natural areas while conserving the environment and improving the well-being of local people.
    • Wildlife corridors: Strips of habitat connecting fragmented patches, facilitating the movement of wildlife.

    Important Phrases:

    • “Loss of ecological connectivity and habitat fragmentation”
    • “Escalating human-wildlife conflict”
    • “Destructive effects of deforestation and monoculture plantations”
    • “Failure of authorities to address concerns”
    • “Inadequate response from the government”

    Quotes:

    • “In a war with nature, no human would survive.”
    • “The continuous struggle of scientists and activists demanding the revival of habitat management has fallen on deaf ears.”
    • “The recent Operation Jumbo parade captured nine elephants but lacked adequate surveillance and monitoring.”

    Useful Statements:

    • “Loss of ecological connectivity due to habitat fragmentation exacerbates the human-wildlife conflict.”
    • “Government efforts must focus on coordinated strategies to address the crisis and restore ecological balance.”
    • “Failure to enforce environmental laws and conservation measures further aggravates the situation.”

    Examples and References:

    • Recent incidents involving human fatalities due to wildlife attacks in Wayanad.
    • The Wildlife Trust of India’s report on elephant corridors.
    • Official data documenting human deaths and crop losses due to wildlife attacks.

    Facts and Data:

    • Documented human deaths due to wildlife attacks in Wayanad in the last 10 years.
    • Cases of crop loss and domestic animal deaths due to wildlife incursions from 2017 to 2023.
    • Hectares of monoculture plantations out of total forest area in Wayanad.

    Critical Analysis:

    The article effectively highlights the interconnected factors contributing to the human-wildlife conflict in Wayanad, emphasizing the role of human activities such as deforestation and unchecked tourism. However, it lacks detailed analysis of specific policy failures and potential solutions to address the crisis.

    Way Forward:

    • Implement coordinated strategies involving government departments and stakeholders to restore ecological balance.
    • Enforce environmental laws and conservation measures to mitigate habitat loss and fragmentation.
    • Enhance surveillance and monitoring in wildlife management operations to prevent human-wildlife conflicts.
    • Promote sustainable land use practices and eco-friendly tourism initiatives to preserve natural habitats and biodiversity.

    Answer the following question in comment box 

    “How can governments, stakeholders, and communities combat escalating human-wildlife conflict in Wayanad, Kerala, addressing habitat loss, deforestation, and tourism? Additionally, how can they restore ecological balance, mitigate economic losses, and ensure safety for both humans and wildlife?”

  • Supreme Court’s Interim Order on Forest Definition

    forest

    Introduction

    • The Supreme Court issued an interim order on February 19, 2024, emphasizing that states and Union territories (UTs) must adhere to the Definition of ‘Forest’ as established in the TN Godavarman Thirumalpad v. Union of India judgement of 1996.
    • This order came during the hearing of a public interest litigation challenging the constitutionality of the Forest (Conservation) Act, which was amended by the Union government in 2023.

    Why such move?

    • The petitioners highlighted concerns that the 2023 amendment had narrowed the expansive definition of ‘forest’ provided in the Godavarman judgement.
    • They argue that this move potentially aims at diverting forest lands for non-forest use.

    What is Godavarman Judgement?

    • The Godavarman Judgment is a landmark environmental case in India, first heard in the Supreme Court in 1996, commonly referred to as the “Godavarman Case.”
    • Originating as a PIL filed by Mr Godavarman, a retired forest officer, it addressed concerns about forest degradation due to various developmental activities without proper environmental clearances.

    Key Legal and Regulatory Framework

    • Forest Conservation Act (FCA) and Rules: The case primarily interprets and implements the Forest (Conservation) Act, 1980, and the Forest (Conservation) Rules, 1981, aiming at forest conservation and wildlife protection.
    • Powers of Central Government: The FCA empowers the central government to declare areas as “reserved forest” or “protected forest,” prohibiting non-forest activities without prior approval. It extends to all forests in India, not just declared reserves.
    • Defining Forest: The order defined as any area recorded as forest in the Government record irrespective of the ownership. This definition is broad and encompasses any area recorded as a forest in government records, regardless of its legal status or ownership.
    • Analysis:
    1. Diversion of Forest Land: The case tackled the diversion of forest land for non-forest purposes, emphasizing compliance with the law and due diligence.
    2. Extent of Central Government’s Powers: It clarified that the central government’s authority under the FCA extends to all forests, irrespective of ownership, emphasizing stringent regulation.
    3. Emphasis on Sustainable Development: The court stressed the importance of sustainable development in forest conservation and protecting the rights of forest dwellers and tribal communities.

    Impact of the Judgement

    • Strengthening Forest Conservation Laws: The case led to stricter interpretation and implementation of forest laws, focusing on conservation and protection.
    • Increased Judicial Role in Environmental Governance: It established the judiciary as a watchdog in environmental governance, promoting public scrutiny of environmental decisions.
    • Protection of Forest Lands: Resulted in the cancellation of projects diverting forest land, contributing to biodiversity conservation.
    • Recognition of Rights: Emphasized the recognition and protection of rights of forest dwellers and tribal communities.
    • Promotion of Sustainable Development: Highlighted the importance of balancing economic development with environmental protection.

    Criticism of the Judgement

    • Hindrance to Economic Development: Criticized for hindering economic development and displacing communities.
    • Role of Judiciary: Criticized for causing delays in decision-making and project implementation.

    Key Points of the Recent Order

    • Adherence to 1996 Order: The bench, led by CJI emphasized that states and Union territories (UTs) must adhere to the definition of ‘forest’ as per the Godavarman judgement until the completion of the process of land recorded as ‘forests’ in government records.
    • Recording Forest Land: State and UT administrations are directed to prepare records on forest land within a year from the notification of the 2023 amendment as per Rule 16 of the Van (Sanrakshan Evam Samvardhan) Rules, 2023.
    • Expert Committees: The Union government is instructed to provide a comprehensive record of land registered as ‘forest’ by expert committees constituted by states and UTs within two weeks.
    • Compliance Deadline: All states and UTs must comply with the directions by forwarding the reports of the expert committees by March 31, 2024.

    Additional Directions

    • Zoo and Safari Establishment: Any proposal for the establishment of zoos and safaris in forest areas other than protected areas shall not be finally approved without prior permission from the Supreme Court.
    • Exemption Clause: Section 5 of the Forest (Conservation) Amendment Act, 2023, exempts zoos and safaris from the definition of ‘forests’ within forest areas, excluding protected areas.
    • Government Undertaking: The Union government submitted an undertaking that no precipitative steps would be taken concerning forest areas as per the dictionary sense, in line with the Godavarman judgement.

    Conclusion

    • The Supreme Court’s interim order underscores the importance of preserving forest lands as per the Godavarman judgement and ensuring compliance with environmental protection measures.
    • It aims to safeguard the ecological balance and prevent misuse of forest resources for non-forest purposes.

    Back2Basics: Universal Definition of Forest

    • As per the Conference of Parties (CoP) 9-Kyoto Protocol, the forest can be defined by any country depending upon the capacities and capabilities of the country.
    • Forest- Forest is defined structurally on the basis of
    1. Crown cover percentage: Tree crown cover- 10 to 30% (India 10%)
    2. Minimum area of stand: area between 0.05 and 1 hectare (India 1.0 hectare) and
    3. Minimum height of trees: Potential to reach a minimum height at maturity in situ of 2 to 5 m (India 2m)

    India’s definition of Forests

    The definition of forest cover has clearly been defined in all the India State of Forest Report (ISFR) and in all the International communications of India.

    • The forest cover is defined as ‘all land, more than one hectare in area, with a tree canopy density of more than 10 percent irrespective of ownership and legal status.
    • Such land may not necessarily be a recorded forest area. It also includes orchards, bamboo and palm’.

    Classification of forest cover

    In ISFR 2021 recently published has divided the forest cover as:

    1. Inside Recorded Forest Area: These are basically natural forests and plantations of Forest Department.
    2. Outside Recorded Forest Area: These cover mango orchards, coconut plantations, block plantations of agroforestry.

    Forest Survey of India (FSI) Classification

    • FSI classifies forest cover in 4 classes.
    1. Very Dense forest: All lands with tree cover (including mangrove cover) of canopy density of 70% and above.
    2. Moderately dense forest: All lands with tree cover (including mangrove cover) of canopy density between 40% and 70%.
    3. Open forests: All lands with tree cover (including mangrove cover) of canopy density between 10% and 40%.
    4. Scrubs: All forest lands with poor tree growth mainly of small or stunted trees having canopy density less than 10%.
  • La Nina impacted Air Quality in India: Study

    la nina

    Introduction

    • El Nino and La Nina events have long influenced India’s monsoon patterns, but a recent study suggests a novel connection between these weather phenomena and air quality, particularly during the winter months of 2022.

    Understanding El Nino and La Nina

    • El Nino and La Nina are two opposite phases of the El Nino-Southern Oscillation (ENSO) cycle.
    • ENSO is a naturally occurring phenomenon that involves the interaction between the ocean and atmosphere in the equatorial Pacific.

    Here is a detailed comparison of El Nino and La Nina

    El Nino La Nina
    Definition Warmer-than-normal sea surface temperatures Cooler-than-normal sea surface temperatures
    Frequency Every two to seven years Every two to seven years
    Duration Several months to a year or more Several months to a year or more
    Impact on winds Weakens trade winds, leading to changes in patterns Strengthens trade winds, leading to changes in patterns
    Impact on rains Reduces rainfall and can cause droughts Increases rainfall and can cause flooding
    Impact on temp. Warmer-than-average temperatures Colder-than-average temperatures
    Global effects Droughts in Asia and Africa, floods in Americas Floods in Asia and Africa, droughts in South America

    Impact on India

    El Nino La Nina
    Associated with weak monsoons and drought-like conditions in India Associated with above-normal rainfall and floods in India
    Sea surface temperature in the equatorial Pacific Ocean rises above normal levels Sea surface temperature in the equatorial Pacific Ocean drops below normal levels
    Changes in the atmospheric circulation patterns Changes in the atmospheric circulation patterns
    Shift in the location of the jet stream, affecting the strength and direction of the monsoon winds Increase in the strength of the monsoon winds, bringing more moisture and rainfall to India
    Results in reduced rainfall, dry spells, and heatwaves, leading to crop failures and water scarcity Excessive rainfall can also lead to floods and landslides, causing damage to crops and infrastructure

    El Nino and Indian Monsoon

    • El Nino and its impact on Indian monsoon: El Nino refers to abnormal warming of surface waters in the equatorial Pacific Ocean, which tends to suppress monsoon rainfall in India.
    • Phases of El Nino Southern Oscillation (ENSO): ENSO consists of three phases in the Pacific Ocean: El Nino, La Nina (abnormal cooling), and a neutral phase with sea surface temperatures close to long-term averages.
    • Ocean and atmospheric conditions: ENSO involves not only temperature abnormalities of sea surface waters but also atmospheric conditions, including differences in sea-level air pressure and wind strength and direction.
    • Southern oscillation and the role of winds: Southern Oscillation Index measures the difference in sea-level air pressure over the western and eastern sides of the Pacific Ocean, while wind patterns play a crucial role in ENSO.

    How La Nina impacted air quality?

    • Wind Direction Shift: The study identified a significant alteration in wind circulation patterns during the winter of 2022, with winds typically blowing from the northwest direction diverted towards the south due to the prolonged La Nina effect.
    • Anomalous Behavior: This deviation led to a bypass of pollutant-laden winds from Punjab and Haryana away from Delhi towards southern regions, impacting cities like Mumbai, Bengaluru, and Chennai.
    • Extended La Nina Effect: The persistence of La Nina conditions over three years intensified the impact on wind patterns, culminating in noticeable changes in air quality distribution across India.
    • Uncertainties and Further Exploration: While the study highlights the role of La Nina in altering wind circulation and subsequent air quality, uncertainties remain regarding the potential impact of El Nino events on air quality dynamics.

    Conclusion

    • The study underscores the need for continued exploration into the interplay between global weather phenomena like La Nina, local meteorological conditions, and air quality dynamics in India.
    • Understanding these complex relationships can inform policy measures aimed at mitigating air pollution and enhancing environmental resilience in the face of climate change challenges.
  • Human-Wildlife Conflict in Kerala: Causes and Remedies

    Introduction

    • The escalation of human-wildlife conflict incidents in Kerala, exemplified by recent protests in Wayanad, underscores the urgent need to address the underlying causes of such conflicts.
    • Kerala grapples with a surge in human-animal conflicts, predominantly involving elephants, tigers, bison, and wild boars, wreaking havoc in districts like Wayanad, Kannur, Palakkad, and Idukki.

    Understanding the Conflict

    • Geographical Dynamics: Kerala’s significant forest cover, encompassing nearly 30% of its area, juxtaposed with densely populated human settlements and agricultural plantations near wildlife habitats, sets the stage for frequent human-animal conflicts.
    • Magnitude of Conflict: State Forest Department data reveals over 48,000 incidents of crop damage due to human-wildlife conflict between 2013-14 and 2018-19, with wild elephants being the primary culprits, followed by wild boars and bonnet macaques.

    Root Causes of Conflict

    • Changing Land Use: Increased cultivation around wildlife habitats and changing cropping patterns exacerbate conflicts by encroaching upon natural habitats and altering animal migratory routes.
    • Conservation Efforts: While conservation initiatives have led to the resurgence of animal populations like elephants and tigers, they have inadvertently intensified conflicts due to habitat depletion.
    • Human Activities: Movement of livestock and humans in wildlife habitats, especially during odd hours, further exacerbates conflicts by triggering defensive responses from animals.

    Proposed Solutions and Their Efficacy

    • Physical Barriers: Strategies like elephant-proof trenches and solar power fences have shown promise in mitigating conflicts but face challenges such as inadequate maintenance and breaches by locals.
    • Eco-Restoration Policy: The Forest department’s plan to restore ecosystems by planting indigenous species aims to deter animals from agricultural lands, yet its effectiveness hinges on implementation and sustenance.
    • Early Warning Systems: Adoption of early warning systems, including drones and human watchers, could help track animal movements and prevent confrontations, but their widespread adoption remains limited.

    Addressing Challenges with Wild Boars

    • Culling Initiatives: While the state awaits approval to declare wild boars as vermin, local bodies have been empowered to cull them as a last resort, alongside strategies like capture, neutering, and relocation.
    • Eco-Sensitive Zone (ESZ): Despite the legislative assembly’s plea to exempt Kerala from ESZ norms, conservationists advocate for its implementation to mitigate conflicts, acknowledging the challenges posed by Kerala’s population density and land scarcity.

    Legal Framework and Conservation Initiatives

    [A] Wildlife Protection and Biodiversity Conservation

    • The Wildlife Protection Act, 1972: Encompassing measures to prohibit hunting, safeguard wildlife habitats, and establish protected areas, this act forms the cornerstone of India’s wildlife preservation efforts.
    • The Biological Diversity Act, 2002: Complementing existing legislation, this act, in alignment with the United Nations Convention on Biological Diversity, fortifies conservation endeavors without undermining other forest and wildlife laws.

    [B] National Conservation Strategies

    • National Wildlife Action Plan (2002-2016): Centered on fortifying protected area networks, conserving endangered species and their habitats, curbing wildlife trade, and promoting research and education, this plan embodies India’s commitment to wildlife preservation.
    • Project Tiger: A pioneering initiative under the Ministry of Environment, Forests, and Climate Change since 1973, Project Tiger aims to create safe havens for the majestic big cats within India’s national parks.
    • Project Elephant: Launched in 1992, this centrally sponsored scheme endeavors to protect elephants, conserve their habitats and ensure safe migration corridors, thereby safeguarding the iconic species’ future.

    Conclusion

    • Balancing conservation efforts with the safety and livelihoods of Kerala’s populace requires a multifaceted approach that addresses the root causes of human-wildlife conflicts.
    • Collaborative efforts involving stakeholders, stringent regulatory measures, and sustainable conservation practices are imperative to foster coexistence between humans and wildlife in Kerala’s diverse landscape.
  • Kerala seeks to amend the Wildlife Protection Act

    wild

    Introduction

    • The Kerala Legislative Assembly unanimously passed a resolution urging amendments to the Wildlife Protection Act of 1972 aiming to tackle the escalating human-animal conflict in the state.

    What is Wildlife (Protection) Act, of 1972?

    • WPA provides for the protection of the country’s wild animals, birds and plant species, in order to ensure environmental and ecological security.
    • It provides for the protection of a listed species of animals, birds and plants, and also for the establishment of a network of ecologically-important protected areas in the country.
    • It provides for various types of protected areas such as Wildlife Sanctuaries, National Parks etc.

    There are six schedules provided in the WPA for the protection of wildlife species which can be concisely summarized as under:

    Schedule I
    • Species need rigorous protection
    • Harshest penalties for violation of the law are for species under this Schedule.
    Schedule II
    • Animals under this list are accorded high protection.
    • Cannot be hunted except under threat to human life.
    Schedule III & IV
    • Species that are not endangered.
    • Includes protected species but the penalty for any violation is less compared to the first two schedules.
    Schedule V Contains animals which can be hunted.
    Schedule VI Plants that are forbidden from cultivation.

    Kerala’s Demands for Amendment

    • Section 11 Amendment: Kerala proposes amending Section 11(1)(A) to empower Chief Conservators of Forests (CCF) instead of Chief Wildlife Wardens (CWLW) to permit hunting of Schedule I mammals. This seeks to expedite decision-making at the local level in handling human-wildlife conflicts.
    • Declaration of Wild Boar as Vermin: Kerala urges the Centre to declare wild boars as vermin under Section 62, allowing controlled culling to mitigate threats to life and livelihoods.

    Major Reason: Escalating Human-Animal Conflict

    • Rising Incidents: Kerala has witnessed a surge in human-animal conflicts, particularly involving elephants and wild boars, causing extensive damage to lives and crops.
    • Government Data: In 2022-23, there were 8,873 wild animal attacks, including 4,193 by elephants and 1,524 by wild boars. These incidents resulted in 98 deaths and significant crop loss.
    • Wild Boar Menace: Wild boars, in particular, are notorious for ravaging farmlands, with 20,957 incidents of crop damage recorded from 2017 to 2023.

    Challenges and Implications

    • Urgent Action Needed: Kerala’s plea for amendments highlights the pressing need for effective measures to address the human-animal conflict.
    • Local Empowerment: Empowering local forest authorities can lead to quicker responses to wildlife threats, ensuring both human safety and wildlife conservation.
    • Balancing Conservation and Livelihoods: Striking a balance between conservation and livelihood concerns is crucial for sustainable coexistence between humans and wildlife.

    Conclusion

    • Kerala’s proactive stance in advocating for amendments to the Wildlife Protection Act underscores its commitment to confronting the challenges posed by the human-animal conflict.
    • These proposed changes aim to protect both citizens and biodiversity, reflecting a holistic approach towards environmental and socio-economic well-being.
  • Conservation of Migratory Species (CMS) COP14 begins in Uzbekistan

    Introduction

    • The Fourteenth Meeting of the Conference of the Parties to the Convention on the Conservation of Migratory Species of Wild Animals (COP14) will be hosted by the Government of Uzbekistan, in Samarkand from 12-17 February 2024
    • CMS COP is a Triennial Event.

    About Conservation of Migratory Species (CMS)

    Information
    About
    • Intergovernmental treaty under UNEP, known as the Bonn Convention
    • Signed in 1979, in force since 1983
    • 133 Parties as of March 2022, including India since 1983
    Aim
    • Conserve terrestrial, marine, and avian migratory species
    • Lay legal foundation for global conservation measures
    Legal Instruments under CMS Range from legally binding Agreements to less formal MoUs
    Appendices
    1. Appendix I: Threatened Migratory Species
    2. Appendix II: Migratory Species requiring international cooperation
    India and the CMS
    • Signed non-legally binding MoUs with CMS for various species conservation (Siberian Cranes, Marine Turtles, Dugongs, Raptors)
    • Hosts several migratory species
    • India hosted the last COP 13 of CMS in February 2020 at Gandhinagar, Gujarat.
    Migratory Species Wild animals whose populations cyclically and predictably cross national boundaries
    Efforts made by India  
    • National Action Plan for Conservation of Migratory Birds (2018-2023)
    • Marine Turtle Policy and Marine Stranding Management Policy
    • Project Snow Leopard
    • Dugong Conservation Reserve
  • Invasive Species:  Cuscuta Dodder

    Cuscuta Dodder

    Introduction

    • An invasive weed, Cuscuta dodder, is gradually strangling the Chengalpet forests and Vedanthangal Bird Sanctuary, posing a severe threat to local vegetation, ecology, and the habitat of migratory birds.

    About Cuscuta Dodder

    • Parasitic Nature: It is a parasitic vine devoid of roots, already infesting acres of trees in reserve forests and beginning to spread within India’s oldest bird sanctuary.
    • Origin: Native to North America.
    • Modus Operandi: As a holoparasitic plant, it forms a canopy on the host plant and extends thousands of tendrils, eventually forming a dense spectacle before strangling and killing the host.

    Persistence and Germination

    • Seed Characteristics: Cuscuta seeds are spheroid with a hard coat, enabling them to survive up to 50 years in dry storage and at least 10 years in the field.
    • Germination: Unlike root parasites, Cuscuta seeds do not require a specific stimulant to induce germination, enhancing their ability to spread rapidly.

    Impact and Spread

    • India: According to a technical paper by the National Research Centre for Weed Science, Cuscuta poses a significant problem in oilseeds, pulses, and fodder crops across various states, including Andhra Pradesh, Chhattisgarh, Gujarat, Orissa, West Bengal, and parts of Madhya Pradesh under both rain-fed and irrigated conditions.
    • Global Legislation: It is listed as a ‘declared noxious weed’ in 25 countries, with seeds and plant material restricted from entry. In the United States, it is the only weed seed whose movement is prohibited in every state.
  • Thanthai Periyar Sanctuary Notification: Implications for Forest Communities

    Introduction

    • Triggering Concerns: Recently, the notification about the Thanthai Periyar Sanctuary in Tamil Nadu’s Erode district worried nearby forest communities.
    • Potential Rights Denial: Residents fear losing their rights under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act 2006 (FRA) due to the sanctuary’s establishment.

    About Forest Rights Act, 2006

    Description
    Purpose Recognizes and vests forest rights and occupation in Forest Dwelling Scheduled Tribes (FDST) and Other Traditional Forest Dwellers (OTFD).
    Recognition Criteria
    • Forest rights can be claimed by FDST and OTFD who have been residing in forest land for generations.
    • Members or communities must have resided in forest land for at least three generations (75 years) prior to December 13, 2005.
    Types of Forest Rights Recognized
    • Title rights: Ownership rights to land farmed by them, subject to a maximum of 4 hectares.
    • Use rights: Rights to extract Minor Forest Produce, grazing areas, etc.
    • Relief and development rights: Provides for rehabilitation in case of illegal eviction or forced displacement and access to basic amenities.
    • Forest management rights: Includes the right to protect, regenerate, conserve, or manage any community forest resource traditionally protected and conserved for sustainable use.
    Authority
    • Gram Sabha
    • It is responsible for initiating the process for determining Individual Forest Rights (IFR) or Community Forest Rights (CFR).
    Empowerment
    • Aims to strengthen the conservation regime of forests while ensuring livelihood and food security of FDST and OTFD.
    Historical Injustices Addressed
    • Recognition of historical injustices faced by forest-dwelling communities
    • Empowerment of forest-dwellers for sustainable resource use and livelihood security
    Issues
    • Predominant focus on individual rights, neglecting community rights
    • Poor recognition of Individual Forest Rights (IFRs) and Community Forest Rights (CFRs)

     

    What are Forest Villages?

    • Definition: Forest villages are settlements located within forest areas, inhabited predominantly by tribal and indigenous communities.
    • Historical Context: These villages have often existed for generations, with residents relying on forest resources for their livelihoods.
    • Conversion Mandate: In 1990, the government ordered all forest villages to become revenue villages, aiming to formalize their status and grant them legal recognition.
    • Incomplete Conversion: Despite these orders, the conversion process remains unfinished in many areas, leaving forest dwellers without essential rights and facilities.

    Rights Admitted in the Sanctuary

    • Continuation of Rights: The notification recognizes rights granted under previous laws and the FRA, ensuring some rights for individuals.
    • Implementation Challenges: Tamil Nadu has struggled to enforce the FRA effectively, casting doubt on its implementation within the sanctuary.

    Impact on Forest Communities

    • Grazing Restrictions: The ban on cattle grazing within the sanctuary could affect the traditional grazing practices of forest-dwelling communities.
    • Legal Discrepancies: Prohibiting grazing conflicts with the FRA’s recognition of grazing rights, highlighting inconsistencies in policy.

    Legal Framework and Challenges

    • WLPA Provisions: Sanctuaries and national parks are governed by the Wildlife (Protection) Act (WLPA) 1972, which mandates protecting rights within them.
    • FRA Supremacy: The FRA overrides conflicting provisions of the WLPA, emphasizing the need to balance conservation with community rights.
    • Implementation Gaps: Despite legal frameworks, inadequate enforcement of the FRA persists, undermining the rights of forest communities.

    Tamil Nadu’s FRA Implementation

    • Low Recognition Rate: Tamil Nadu has a poor record in recognizing forest rights, with only a fraction of entitled areas acknowledged under the FRA.
    • National Context: Similar challenges exist nationwide, indicating systemic failures in upholding forest rights and conservation mandates.

    Conclusion

    • Urgent Action Needed: Addressing the concerns of forest-dwelling communities and ensuring compliance with legal provisions are crucial for sustainable forest management.
    • Harmonizing Conservation and Rights: Balancing conservation goals with the rights of forest communities is essential for fair and effective forest governance.
    • Call for Accountability: Authorities must prioritize implementing laws and policies that protect both forests and the rights of those dependent on them, promoting environmental justice and social equity.

    Try this PYQ from CSP 2019:

    Consider the following statements:

    1. As per the recent amendment to the Indian Forest Act, 1927, forest dwellers have the right to fell the bamboos grown on forest areas
    2. As per the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, bamboo is a minor forest produce
    3. The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition Forest Rights) Act, 2006 allows ownership of minor forest produce to forest dwellers

    Which of the statements given above is/are correct?

    (a) 1 and 2 only

    (b) 2 and 3 only

    (c) 3 only

    (d) 1, 2 and 3

    [wpdiscuz-feedback id=”hjmzv064hb” question=”Please leave a feedback on this” opened=”1″]Post your answers here.[/wpdiscuz-feedback]

  • Water (Prevention and Control of Pollution) Amendment Bill, 2024

    Introduction

    • The Water (Prevention and Control of Pollution) Amendment Bill, 2024 was tabled in the Rajya Sabha on February 5, 2024, aiming to amend the Water (Prevention and Control of Pollution) Act, 1974.
    • This legislation, instrumental in establishing central and state pollution control boards (CPCB and SPCBs), undergoes significant modifications under the proposed Bill, primarily concerning penalties and regulatory mechanisms.

    About Water (Prevention and Control of Pollution) Act, 1974

    Description
    Objective To prevent and control water pollution and maintain or restore the wholesomeness of water resources
    Applicability Applies to the entire territory of India, including streams, rivers, lakes, inland water bodies, subterranean waters, and territorial waters of the country
    Establishments Establishes Central Pollution Control Board (CPCB) at the central level and State Pollution Control Boards (SPCBs) at the state level
    Standards and Regulations Empowers Pollution Control Boards to prescribe standards for the discharge of pollutants and quality of water for various purposes
    Consent Mechanism Requires industries and establishments to obtain prior consent from Pollution Control Boards before discharging pollutants into water bodies
    Penalties and Enforcement Specifies penalties for contravention, including fines and imprisonment; authorizes officers to inspect premises, take samples, and issue directives for compliance

     

    Key Amendments Proposed:

    [A] Consent Exemptions for Establishing Industries

    • Prior Consent Requirement: Currently, the Act mandates obtaining consent from SPCBs for setting up industries or treatment plants likely to discharge sewage into water bodies.
    • Bill Provisions: The Bill empowers the central government, in consultation with the CPCB, to exempt certain industrial categories from seeking consent. It also authorizes the central government to issue guidelines for the grant, refusal, or cancellation of such consent.
    • Penalties: Violating the consent requirement or tampering with monitoring devices incurs penalties ranging from Rs 10,000 to Rs 15 lakh.

    [B] Chairman of State Board

    • Nomination Process: While the Act vests state governments with the authority to nominate SPCB chairpersons, the Bill introduces central government-prescribed nomination procedures and terms of service.

    [C] Discharge of Polluting Matter

    • Regulatory Measures: The SPCBs can issue directives to halt activities leading to the discharge of harmful substances into water bodies.
    • Penalties: Contraventions against pollution standards attract penalties ranging from Rs 10,000 to Rs 15 lakh, replacing the previous imprisonment provisions.
    • Amended Provisions: The Bill replaces imprisonment with penalties between Rs 10,000 and Rs 15 lakh for unspecified offences under the Act.

    [D] Adjudication Mechanism

    • Appointment of Officers: It allows the central government to designate adjudication officers, with appeals against their decisions to be lodged before the National Green Tribunal.
    • Penalty Utilization: Fines collected are directed to the Environment Protection Fund established under the Environment (Protection) Act, 1986.

    [E] Cognizance of Offences

    • Expanded Scope: The Bill extends the entities empowered to file complaints to include adjudication officers, alongside CPCB and SPCB.
    • Penalization: Heads of departments are subject to penalties equal to one month’s basic salary if their departments violate the Act, reinforcing accountability within government bodies.

    Challenges with the Bill

    • Lack of Oversight: Granting exemptions for certain industrial categories from seeking consent may lead to increased pollution levels if not properly regulated.
    • Risk of Unchecked Discharge: Lack of oversight could result in unchecked discharge of pollutants into water bodies, compromising water quality and public health.
    • Centralized Nomination Process: Central government-prescribed nomination procedures for the appointment of State Pollution Control Board (SPCB) chairpersons may undermine the autonomy of state governments.
    • Reduced Deterrence: Replacing imprisonment provisions with penalties for contraventions against pollution standards may reduce the deterrence effect.
    • Questionable Adjudication Process: Allowing the central government to designate adjudication officers may raise questions about the impartiality and independence of the adjudication process.
    • Potential Administrative Inefficiencies: Extending the entities empowered to file complaints may lead to overlapping jurisdictions and administrative inefficiencies, resulting in delays and bureaucratic hurdles.

    Way Forward

    • Enhanced Regulation: Implement stringent monitoring and regulatory mechanisms to ensure compliance with pollution standards and prevent unauthorized discharge of pollutants into water bodies.
    • Stakeholder Consultation: Conduct extensive consultations with environmental experts, industry representatives, and civil society organizations to address concerns and refine the proposed amendments.
    • Capacity Building: Provide training and capacity-building programs for Pollution Control Boards to enhance their skills in enforcing environmental regulations effectively.
    • Transparency and Accountability: Ensure transparency in the exemption process and establish accountability mechanisms to uphold the integrity of regulatory decisions.
    • Public Awareness: Conduct public awareness campaigns to educate industries and the general public about the importance of water conservation and pollution prevention measures.
  • Five more Wetlands added to Ramsar List

    wetland

    Introduction

    • Five more Indian wetlands have been added to the global list of wetlands of international importance under the Ramsar Convention, taking the total number of such highly recognised waterlogged ecosystems in the country to 80.
    • India is now the fourth-largest nation on the Ramsar map, trailing only behind the UK (175), Mexico (144), and China (82).
    • Tamil Nadu continues to have the maximum number of Ramsar sites (16) followed by Uttar Pradesh (10).

    List of newly designated Ramsar Sites:

    [1] Ankasamudra Bird Conservation Reserve (Karnataka):

    • Spread over 98.76 hectares adjoining Ankasamudra village.
    • A biodiversity hotspot with over 210 plant species, 8 mammals, 25 reptiles, and 240 bird species.
    • Vital nesting and roosting ground for over 30,000 waterbirds, including the Painted Stork and Black-headed Ibis.

    [2] Aghanashini Estuary (Karnataka):

    • Covers 4,801 hectares at the confluence of Aghanashini River with the Arabian Sea.
    • Offers flood and erosion risk mitigation, biodiversity conservation, and livelihood support.
    • Sustains 6,000-7,500 families through fishing, agriculture, and traditional fish farming.
    • Acts as a natural barrier against storms and cyclones.

    [3] Magadi Kere Conservation Reserve (Karnataka):

    • A human-made wetland spanning nearly 50 hectares, originally designed for rainwater storage.
    • Home to 166 bird species, including 130 migratory birds.
    • Sanctuary for vulnerable and near-threatened species like the Common Pochard, River Tern, and Oriental Darter.
    • A crucial wintering ground for the Bar-headed Goose.

    [4] Karaivetti Bird Sanctuary (Tamil Nadu):

    • Encompassing 453.72 hectares, it’s one of Tamil Nadu’s largest inland wetlands.
    • Facilitates groundwater recharge and supports agricultural activities.
    • Hosts around 198 bird species, including the Bar-headed Goose and Common Teal.

    [5] Longwood Shola Reserve Forest (Tamil Nadu):

    • Named after “Solai,” meaning tropical rainforest in Tamil.
    • Integral to the Western Ghats’ unique biodiversity.
    • Provides sanctuary to globally endangered and vulnerable bird species like the Nilgiri Laughing Thrush, Nilgiri Blue Robin, and Nilgiri Wood-pigeon.
    • Home to 14 of the 26 endemic bird species of the Western Ghats.

    Back2Basics: Ramsar Convention

    Explanation
    Purpose International treaty aimed at conserving and promoting the sustainable use of wetlands.
    Establishment Established on February 2, 1971, in Ramsar, Iran.
    Participating Countries 171 contracting parties (countries) as of September 2021.
    India and Ramsar Convention The first Ramsar Site in India, the Chilika Lake in Odisha, was designated in 1981.