 Conservation of forests, not only in India, but across the globe, has caught up its relevancy, especially with the dynamism of law, policy, and vis-a-vis the decisions in the courts. And when you have a speaker like Professor Dr. Tia Subramanian from CMR University, you are well aware of the fact that it will have insights which normally a person would not have seen, because it takes us into the deeper dive of the topics. And conservation of forests has its own relevance. We have seen the way, not only the judiciary, but the social media have also played its relevance and highlighting as to why there's a requirement of the conservation of forests. And keeping in view and keeping in tandem with that, there have been the legislation's policies. And as they say that the courts don't legislate, but help the things to move forward. In this entire session, Mr. Subramanian would be taking us to the plundering shift into the entire scenario. And without taking much time, I would ask to take things and explain to us. What do you say? Yeah. Very good evening to Mr. Vikas and dear listeners. The disappearance of the loss of tropical forests has been a constant theme which has been discussed by members of the international community. The international community tried to discuss it at every forum and they wanted to give a solution as well. But then the solution that was given was inadequate and it was not in a position to resolve any of the issues relating to the loss of tropical forests. Now, in order to protect the tropical forest wherever it be, the international community led by the state of the United States naturally involved itself very seriously. And when it involved itself very seriously, it wanted to have an international organization to protect and conserve the forest. But then it was not possible. Then you may ask me whether until this date whether you have an organization at the international level to protect and conserve the forest if at all. But the point that issue is, no, it was somewhere in the year 1892. The state of the United States wanted to have an organization and at the international level they wanted to have this organization. So with this in view the International Union of Forest Research Organization. The International Union of Forest Research Organization came to be established. Now this was established because by then the scientific and technological development has not taken place. Most of the things had to be done in a standstill manner, but still some kind of contribution is made by this organization as well. Now let us come to the 20th century itself. What exactly are the basic initiatives which are taken at the international level by the international community. Now I can just tell you, soon after the adoption of what we call as the stock home declaration of 1972 members international community realize the pulse of the problem and the gravity of the situation. Now you may ask me what is this? Now before the stock home declaration was adopted, the WCD, World Economic Development Forum. What it has done for the protection of environment, what it had done was it had sent a what we called letter and this letter was circulated to almost all the states. And these states when they received the letter were supposed to reply to these letters. And the question here was very simple. Now how much of forest land, which was part of your state has disappeared over the years? How many hectares of land now remain? What precautionary steps you have taken to protect and conserve these forests is a fundamental question that was posed. And what were the species, the type of species that were protected by the concerned state? How many of them and how many species have become extinct? And how many of them are protected by the state? What measures you have taken to protect the species? These are, remember the fundamental questions which were posed to the state and they were supposed to answer. Now most of the states when they received the letter they wanted to reply to it and they replied. And when the concerned body for the protection of environment now realized that almost half of the resources are being destroyed. And it has to be conserved to come what may. And in circumstances such as this the Stockholm Conference was convened and it was attended by as many as 113 states. And all the 113 states remember determined to pledge and restore and protect the environment. And afterwards laws of, remember lots of legislations came in for the protection and preservation of the environment. Now prior to the adoption of the Stockholm Declaration, the Ramsar Convention was adopted in 1971. The Ramsar Convention was adopted only for the preservation of wetlands. This is a major source for all purposes for purpose of discussion. Now you may ask me what exactly are the legislations which are adopted at the international level? As I mentioned to you the first one is the Ramsar Convention of 1971. Now then the law relating to the protection of endangered species that was adopted by the international community in the year 1975. Then we come to the Rio Declaration itself 1992, 1992. Now in the year 1992, the Rio Declaration was adopted and in the Rio Declaration for the first time. They have taken several measures as well. Now you might be knowing the Convention for Climate Change. Now it has come up in a super way and in the year 2016 a convention itself was adopted and many states have become parties to it. To see that the effect of climate should not reflect and will have a boomerang effect on forests as well. Now in addition to this you have the Biological Diversity Convention of 1992. The Biological Diversity Convention of 1992 naturally tells us to promote and preserve what we call as the biological diversity. Unless you preserve and promote and protect the biological diversity, remember it is just not possible for the species to live in. And what measures you have to take and you may be knowing the Exuto Principle and the Insuto Principle that was remember spoken elaborately in the Biological Diversity Convention of 1992. In addition, we have the Kyoto Protocol. Now the Kyoto Protocol as well speaks much about the protection and preservation of the forest and in the area of environment. I can just make a reference to two other important conventions and this convention happened to be the most important convention happened to be the International Tropical Timber Agreements. The International Tropical Timber Agreements were adopted in 1983. Then it was revised in the year 1994. Then these timber agreements were revised in the year 2006 as well. Now these are, remember some of the legislations which naturally are to be known for a student of law before he speaks about the conservation of forest. Naturally they constitute the main sources. Wherever it is possible I shall just give to you a few of the provisions from these conventions. Now thereafter I just intend to give a statistics. Now the statistics when you speak about, remember six of the states or in six of the states naturally 56% of the forests are covered. Now we may be interested to know which are these states. You go to think of the continent of America in the state of Brazil in the state of United States as well as in the state of Canada. Then the state of Soviet Russia, the state of China and the state of Australia. Now these are the countries which actually cover 56% of the world's forest. And remember and when these forests started disappearing they had the greatest concern for it. Now you may be interested to know. Now the forest when we speak of it was used for what? And it was used from centuries, from time immemorial for essentially three purposes. Now the first one is for purpose of food. The second one is for purpose of medicine. The third one is for purpose of fuel. And as the authors who have established authors go to the extent of pointing out forest products are used for as many as 5000 items. So it supplies 5000 products. So one forest if it is there, remember Amazon products is called as the lungs of the world. Now here it is, the lungs of the world naturally supplies as many as 5000 products for the man, for the living creatures. And that is where the importance of forest is being known. Now what has happened was two important developments have taken place. Now when we speak about the loss of forest, the first one that is being spoken happened to be. See members of the international community because of the selfish motives and because of the easy earning of what we call as revenues or money, wanted to exploit the forest for themselves. They exploited the forest for what? Now to bring certain alternative or to put in some alternative crops inside the forest. So the result what has happened was the thick forest maybe in Amazon area or in some other countries were destroyed. Now you may ask me for what purpose this is being taken away. Now the first thing that comes is see for the establishment of the palm oil farms. So thick forests were eliminated and in its place palm oil farms came in. And when these farms FARMS came in naturally the existing forests were gone are the days and gone by once for all, once for all for everybody. Now there afterwards they wanted to establish remember cotton fields. Cotton was very much essential for purpose of remote product producing clothes. So cotton farms came in. After the cotton, cotton farms then what we call as the third one happened to be the cocoa farms. Especially in the African region, cocoa farms were established and naturally it was in a position to eliminate or to dismember the existing what we call as thick forest in their area inside the area of the concerned state. In addition to cotton, cocoa and the other two things which I have said there came in what we call as tobacco. And tobacco also was established and for this purpose remember because there were laws in a few states and these laws naturally prevented the cultivation of tobacco. When it prevented the cultivation of tobacco they just wanted to put it or to grow this inside the forest area so that no one would get to know about these things. Now these are certain things. Now naturally the farming then came the other one is coffee estates, especially in Africa and they started establishing coffee estates. This was naturally allowed to be grown only in thick forests and those forests wherein you have empty number of timber was ultimately eliminated once, once, once were all. Now this is how it has happened then the other one is tea estates. Tea estates were also known. It came to be established both in India in Africa and in other countries and even in a few cases in Latin America and the natural victim and calamity is the forest alone. This is what the authors when they speak about this make a mention of this. Now in addition to this what has happened is when we come to the 16th century that is between 1500 and 1600. Now what has happened was there was the era of geographical discoveries. When the era of geographical discoveries began, what has happened was both the states like the state of the United Kingdom, the state of Netherlands, the state of Spain and the state of France. And all the states which were powerful then wanted to remember go for geographical discoveries and remember indulge in mercantilism. This is called as the era of mercantilism. Now during the course of the mercantilism what has happened was most of the states including the state of Spain and the United Kingdom, France, Netherlands. Now what they did was they wanted wood and they wanted strong precious wood especially the teak wood for purpose of building ships. So the state of Great Britain first is first it was sorted that the woods which were found in thick forest in the state of Ireland were taken away. The result never it became high and dry. Now the second decent thing is from there the state of Spain and other states where the great discoverers went to the extent of taking what we call as the forest wood and timber from the state of Scandinavian countries like Norway and Denmark. And woods were exhausted. And a few of them had gone to the state of Russia for establishing what we call as the rich ships which were in a position to use for purpose of trade. Later it was used even for during the course of the war as well. Now in addition to this not only the woods from Norway, then Sweden, then Denmark and from other countries like Africa and from state of Soviet Russia was used but then ultimately India became a target for them. Now when I speak about India as a target for them naturally the woods which were found here were taken away which I shall speak to you a little later. Now how this is being done when we speak about the course of geographical discoveries. Now when industrialization came in after geographical discoveries, these people wanted to exploit the forest for some other reason. Because when industrialization almost evaporated, they almost started what they wanted is they wanted fresh wood for the purpose of putting sleepers in the claims. Now all the sleepers remember inside the train were made of woods which are supplied from Africa and India and from some other countries. Now this was only to entertain free trade because people's movement they wanted and trains was discovered, train was discovered at that time and they wanted to put the sleepers there. And for establishing the sleepers they intended to have what we call as the wood, fresh wood and that went from some of the forest from India as well. Now this is how the era of geographical discoveries and era of industrialization has been spoken at length. Now with this now I just intend to speak to you something relating to the decline and the loss of forest. Now the decline in the loss of forest has taken place for two important reasons. Now one is happened to be the deregognition of what we call as the two reasons are being given. One happened to be the deforestation. Now what do you mean by deforestation? Now the population of the world has been increasing all through the centuries. When population of the world has been increasing naturally they wanted more lands for purpose of building houses and they wanted to use water from the forest itself. Then they wanted to have what we call as the construction of dams as well. Then along with this they wanted to have construction of schools, colleges, universities and other things. Now what has happened was this deforestation concept ultimately led to the loss of forest in a considerable way. Now not only it led to the loss of forest in a considerable way, remember it went to the extent of destroying the forest in a forest. Now when I speak about this, this has led to the quantitative and qualitative. Now when we speak about deforestation, it was responsible in reducing the quantitative or the quantitative area of the forest. When I speak about the quantitative area of the forest, the forest were huge. And when I speak of the forest were huge, there was a statistics which is being given by a great scholar and he points out 8000 years ago forest was covered in an estimated area of 6.2 billion hectares. So it was from history. 8000 years ago forest actually was covered in an estimated 6.2 billion hectares of planet. Now today at that time it was almost 47% of the earth's surface. So the 47% of the earth's surface was covered under the forest. Today it is reduced to nothing and even in India, now when India became independent there was so much of percentage of forest and the percentage has come down. Remember remarkably and the government is taking steps but simultaneously due to the growth of population, due to meet the felt necessities of the time, the forest ultimately area is the casualty and victim for the first time. That is why the quantitative area of forest are being reduced because of deforestation. Now another concept that is being said forest degradation. Now what exactly you mean by forest degradation? Now when I speak about the second aspect is forest degradation is remember there are areas which are considered as proper forest. Now we have village forest and we have protected forest. Now if these village forests as well as protected forests are not taken care. Naturally if it is not properly protected it will degrade and degradation is remember you have forest for the namesake but it is not forest at all. And over a period of time remember mafias will come and acquire this forest. When the mafias come and acquire this forest remember the entire thing is gone and ultimately it is qualitative aspect. See forest is actually known for its serene beauty and photographies are made in the forest. Most of you don't know this I did not speak and respond this abundantly. Now these are actually the qualitative content of forest, the qualitative area of forest. The qualitative serenity of the forest has disappeared because of what we call as forest degradation. Now these are the two causes, the reasons which are being given at times for the reason for the what we lost of forest land in our country. Now with which I just intend to speak to you mainly the status refers for the law relating to forest in the state of India. Now when we speak about the state of India we naturally start from Kautilya's Arthashastri. When you start from Kautilya's Arthashastri Arthashastri is made up of 14 books. There are as many as 14 books in Kautilya's Arthashastri. Now book number two is most important for all of us. Now book number two naturally speaks about the protection of environment. Now Kautilya's Arthashastri we speak elaborately and gives explanation elaborately for various concepts. It speaks about trade. It speaks about commerce. It speaks about the protection of industries. It speaks about Rajatharma. It speaks about foreign policy and it speaks about the rights of individuals. All of them are being spoken of which we are not interested. We are interested only regarding the protection of the environment under Kautilya's Arthashastri. Now when we speak about Kautilya's Arthashastri what is being spoken is the first one is there are certain species which are entitled to be protected under the book Arthashastri. Now during the course of the Mauryan period Magadha was the capital. And when Magadha was the capital the rulers were supposed to protect two types of forests. One was called the produce forest and the second one happened to be the elephant forest. Not only he should produce, he should protect the produce forest and create a new produce forest. And simultaneously not only he should protect the elephant forest and he should be in a position to create a new elephant forest as well. Now you may ask me what is this produce forest? See most of you the present day generation has naturally come from urban areas. And the people who actually come from the rural areas they know what exactly human way forest produce. So a lot of items are being produced in the forest and these are most of the time it is precious. And you may be knowing process are known for pure water. Three fours of the water remember is being supplied from the forest which is pure which is unpolluted. And it could be used for all purposes and today that is disappearing. That is disappearing because in the urban planning you have dams. And most of the dams initially when it was about to be constructed these areas are being taken away. And in a few cases even allocation of lands for the losers of the land were not allocated. Now produce forest remember you have lot of things which are grown in the forest itself. And these are to be protected and in certain forest in certain areas there are type of produce. Remember for example in some areas some items are being grown which is very peculiar. And which could be used and which was used then for purpose of consumption by the people living in the locality. Now simultaneously elephant forest protection of animals is most important and most fundamental. Under no circumstances remember it could be sacrificed. So that was like the law produce forest and elephant forest. Now what used to be remember they appointed what we call as a custodian. And the custodian of these produce forest naturally should take care of them. And he was empowered to employ inspectors to take care of them. And the produce forest soon after its harvest for example pepper was grown in the produce forest. And cardamom was grown in the produce forest. How many of them see the Europeans were mad after Indian pepper and they would pay any price and come here and take away. And if you just read Professor R. P. Arna's book India and International Law, Development of International Law in India. You will come to know the Europeans came only for the purpose of taking over what we call as the produce forest from this country to Europe. Because at that time refrigerators were not there. And since the refrigerators were not there, they wanted to keep it durable for a long time. And pepper was the best product to act as a preservative for these what we call as vegetarian as well as non-vegetarian items. And they came and they used to take from this country and all are grown in forest only. And the concerned what we call as the protector of this area he was a chief inspector like. He would take care of this and afterwards when it is going during the harvest time, he will collect this through his agents or the persons employed and would come to the village and there will be a village industry established only to see that finished products are made through the forest produce. And then it was sold in the market to whomever it was required. Now the other one important development that I wanted to speak to you happen to be there were some kind of penalties which are imposed. And penalties were imposed for those people who are cutting the tree. If small branches of a tree is being cut and if the tree is located in some important area, now six pannas of fine was imposed. If a bigger branch is being cut 12 pannas of fine was imposed. And remember if the trunk was cut it was 24 pannas and if the tree is completely cut and eliminated, then severe punishment was imposed. The concerned inspector was responsible for it would take care of these things and impose penalties and fines very strictly to all people. Now this was observed. Now that virtually speaks about the concept of forest during the time of Mauryas. Even today remember certain things through the sea and many other things are being worshipped. They were a safe garden and it was not allowed to be thrown away and they cannot just pluck it and throw it away. And there are certain trees which were planted in certain road sites which would act as a shelter during the time of summer. And if anybody were to cut what we call as the branches he would be penalized as indicated earlier. Simultaneously there were certain trees which were planted in certain areas wherein it is considered as a pilgrimage center. In pilgrimage centers if these trees were cut, remember immediately they will impose fine. That is how the law was strictly adhered during the time of Mauryas. Now the other important development that happened to be there was a village master and this village master he was called as the superintendent of slaughterhouse. The superintendent of slaughterhouse had enormous power. Now for example he had the power to impose heavy fines on a person entrapping, killing or injuring a deer, a bison, birds or fish which are considered as to be protected animals under the state. So there are a list of protected animals and his list of protected animals are, remember, stolen or cut or killed and he has the power to impose fine according to the type of offence which he has committed. This is how it is being done and a lot of other things are being spoken at length because these people enjoyed so much of power. He would see that the animals in the forest are protected and certain areas which is considering the border area within the state. All the animals, birds and other species are being put in that place and the slaughterhouse superintendent was actually given the power to protect and enforce these things was the law that is being spoken during the time of the Mauryas. Now after the Mauryas we just come to what we call the 16th century and in the 16th century soon after the death of Humayun, there came a ruler who is known as the Sher Shah Solu. He was actually representing the break up of the muggles and joining the muggles. He is called as the Interagnum period in Mughal history. What has happened was Humayun happened to be a weak ruler and his weakness was exploited by Sher Shah Solu who was a general in his army. Now what has happened was ultimately one fine morning Humayun researched the power and become the ruler and when he became the ruler, remember the Grand Trunk Highway from the north until the state of Bihar was established and in the Grand Trunk Highway he was the one who said trees have to be put on the Grand Trunk Highway on either side. It has to be built for the simple reason it should be in a position to give shelter to the people. When once it is given shelter to the people during especially summer time naturally it would serve the purpose. Now that afterwards we come to the British period because the British period came to be established soon after the establishment of the East India Company in 1600 on December 31st. Now afterwards the British came to this country and when the British came to this country it was the company's rule that was prevalent and the company's rule that was prevalent up to 1857 because what we call the first war of Indian independence took place in the year 1857 and afterwards the company rule was replaced by the direct rule of the British Parliament in this country. Now when we speak about this there was no legislation at all until 1853. Now the first legislation came in in the year 1853. Now prior to that when the company's rule was established here these companies wanted to have, remember wonderful ships to be built and for building the ships naturally they wanted to have what we call as precious wood from this country. Now the precious wood came from Garhwal area from the North India. It came from Surat from Gujarat. It came from Malabar region. All the forests which are thick were cut into pieces and ultimately either they were sent to Surat or Malabar region or in a few cases to the ship building yard, in Manchester, there in Liverpool London where the ships were built. Then remember Napoleon when he was waging a war against the state of Great Britain the British wanted to have, remember warships to be built and for the warships to be built remember wood was taken from this country precious timber was taken away and the area was cut and first was cut and they ultimately made of what we call as the ships there to fight against the state of France that is Napoleon Bonaparte. That is the one era and after that what has happened was there is no record, no record anywhere. It says the British wanted to protect the forest in this country. They wanted only the first days to have ships to be built and for which wood had to be supplied from the state of India and from other countries and since India was a big colony and we had a thick forest naturally wood was supplied from this country and it was going. Now the second stage came in wherein India had to give them the wood which was required for the establishment of railway sleepers. Railway sleepers remember was very much essential because industrialization had set in science and technology was developing and people's movement were needed at that time and for which railways were used not cars and other things which are not there at all at that time. So for the to retain or for the retention of the railway lines and for the progress and development and prosperity of the people of the state of England the railways had remember made a tremendous contribution and for the tremendous contribution the natural wood was supplied from the state of India. Now this is how it is being explained. Now moreover the British army was not interested in protecting the forest. One illustration has been given I being a student of history authoritatively I am speaking you can speak also. What has happened was there was a war between the Marathas as well as the British. Ultimately the Marathas were able to defeat the British sorry the Marathas were lost the British defeated the Marathas. After defeating the Marathas what has happened was there were certain forests in the Neelagiri region which was called the Ratnagiri today. And in the Ratnagiri region there were thick forest which were abundant. All these Ratnagiri forests were set on fire by the British and this was set on fire only for celebrating the victory. Now you may ask me what kind of victory it is. Remember Kanoji a general and admiral of the Marathas. He has built these remember forest area with great difficulty and spent his precious life all through. And what Kanoji has built precious forest in the Ratnagiri region was destroyed for a celebrating the victory of the British against the Marathas. That is remember historically it is evidenced by almost all the historians. Now however we know all these were going on. The British had to show to the public they had interest in preserving the environment and the forest. Now there afterwards a series of legislations came in and what exactly are the objectives of this legislation. The first legislation was came in before the between of 1857. Now this is called the shore nuisance act of 1853. Now in the shore nuisance act of 1853 the collector of Mumbai was given the power. He was given the power to see that all kinds of disturbances and nuisance are eliminated from the Bombay harbour that is between Colaba and Mumbai. So he was permitted under the law of 1853 which is called the shore nuisance act. Under the shore nuisance act he was permitted to eliminate red news and ultimately empty all kinds of nuisances which come up from the Bombay harbour. This was one legislation. Now that afterwards remember in the year 1853 then 1857 another legislation was passed by the British government. This was done only to see that the releases which are what we call as the waste that was released or the damage that is being done to the Bombay harbour by the concerned gas company should be put an end to. The Oriental gas company was a famous gas company at that time and it was functioning there and it was releasing certain waste to the Bombay harbour. In order to prevent the release of waste into the Bombay harbour this legislation was enacted. This was enacted exclusively to control and release and stop the release of waste into the Bombay harbour by the British. This was 1857. Then afterwards we come to the year 1860. It was in the year 1860 a legislation law that is the Indian Penal Code was adopted and in the Indian Penal Code there is a provision. And this provision simply points out that no one is allowed to harm a spring or a reservoir. And if you put some kind of poison or any other substance into a spring or a reservoir he is entitled to be fined. And he can be arrested also if the crime is of serious nature. This is what is being said in the legislation. Then we come to what we call as the Eastman Act of 1882. The Eastman Act of 1882 which was also passed by the British government. It said caution has to be exercised by the upstream owners. Not to pollute the waters when it is passed on to the lower owners, riparian states. So the upstream owners naturally have to take precautionary steps. Today precautionary principle has come in. First is to find out, then to attack, then to enforce. Now this was there in the 1882 Eastman Act. You cannot do it as of right. And if you say it is an Eastman right and if you try to pollute remember the concerned government of the day was entitled and therefore to take and initiate action. That was the point that was harped upon in the 1882 legislation. Then we come to what we call as the other legislation which was passed is Bombay Fisheries Act 1897. Now the Fisheries Act of 1897 which was passed by the British government again. It pointed out, no one is entitled to go to a spot where in their fishery resources are found and put poison there. Not only he is not allowed or she is not allowed or whether the concerned agents are not allowed to go there and put poison into the area. But they are not supposed to remember put use explosives as well. And if anybody uses explosives for a purpose of taking the fishery resources remember he is entitled to be punished and he can be booked under the Indian penal code was the message that was conveyed in the Fisheries Act of 1897. Then we come to what we call as the year 1907. In the year 1907 what we call as the Bombay Pulse Act was passed. In the Bombay Pulse Act when it was enacted what they did was remember the first thing is the waters which are found within the port or in the port area or in the designated port area are not to be polluted by any ship which is entering the port of any foreign ship entering the port of the country. Even the ships of the concerned states when they enter the port naturally they should not pollute it. In the event of causing any kind of pollution there is remember supposed to be penalized and the port sector would come to the rescue of the concerned state to see that the violators are punished. Now these are a few legislations that came in. They just made a statement the concern of the British in the area of protection of forest was very weak and they did not have any interest. They did not have any interest for the simple reason the state of Great Britain did not give importance to the protection and preservation of forest. However what has what happened was in the year 1864 having known the forest cover in the area in India. They wanted some kind of inspector general of forest. Now the state of Great Britain was not in a position to find an inspector general to protect the forest in this country. Now at that time there was a British national who was working as the protector of botany in the botanical gardens in the University of Bond. And this person was protecting the forest in the University of Bond in Germany was appointed as the inspector general of forest in the state of this country India. So the man who was protecting the botanical gardens in the state of Germany was appointed to the IGP for the protection of forest and he was brought to the state of India. And when he came to the state of India remember the duty is to see that forests are protected in this country come what may. Now with this when he was when he came in he assumed his office and when he assumed office remember the strategy of the British is to see that the entire forest and the forest cover which is found in the state of India must not allowed to be used by the village community. So those people who are living outside the forest area they were making use of the forest produce and they were claiming some kind of rights over this forest thick forest and this should be fast stop to come away. So what they have done is remember they appointed the experts the bureaucrats and other experts in the area of forest and they were able to earmark. Certain areas for the purpose of remember trees should be cut for person should be building. In certain years trees should be cut for the purpose of building railway what we call as sleepers. Now this is how what they did and the first Forest Act came to be established in this country in the year 1865. Now 1865 legislation which is called the Indian Forest Act was a legislation which was passed in a hurry because the British government wanted to claim title to herself. And not to give any kind of rights to the people who are residing nearby as village communities. Now what then what has happened was immediately after his name was Brandis. Mr Brandis had the director general of forest being an expert in botany. Now wanted to verify the existing legislations and ultimately wanted to remember impose the imperialist designs to the state of Great Britain. So as a result remember with the help of a few people he revised the law that was passed in the year 1865. And after 13 years in the year 1878 the Forest Act of India came to be established. The Forest Act again that is the second legislation which was established in the year 1878 first and foremost wanted to give authority and power to the state of Great Britain over these forests. The entire forest area ultimately should rest with the state of Great Britain and not with anybody else. That is what he was contemplating. Now in the 1878 legislation remember they classified three types of forests. This is first one is called the concept of the reserve forest. The concept of reserve forest was not there until then. During the time of Mauryas you find only what you call the produce forest as well as elephant forest. Now here you find a concept which is known as reserve forest. Reserve forest remember exclusively ultimately one day it should be the property of the government. And no person who is residing nearby, no community residing nearby or any person who is claiming some kind of control over the territory is not allowed to claim any kind of rights or sovereignty over these areas. This is what the law pointed out in this 1878 legislation. So first is they removed whatever control which was owned by the neighboring people who are living there and using produce produce and other things. Now the second one is they went to the extent of what we call as establishing another type of forest which is called the village forest. Now when I speak about village forest there are certain areas. These areas remember are used by the villages which were considered as part of the forest law because there were certain precious trees. When I speak about precious trees it may be teak, it may be rosewood or it may be other trees related to timber or it may be other vegetations which are precious which are protected. Now government in this area what we call as the village forest they give some kind of rights to the people to make use of it. They said if anything is grown in this area it is considered as forest produced and you can make use of it they gave but the title they never hesitated to give. The title they said no it is a property of the government. Then you have what we call as the protected forest. Now the protected forests remember are certain areas wherein you find thick forests are to be protected by the government. So you may ask me what exactly is the difference between the reserve forest and the protected forest. Most of the reserve forests are attached to the nearby villages and towns and ultimately one day this will become attached to the cities and near the cities you should have good vegetation and good what we call as air that has to be circulated and this is being done through what we call as the reserve forest. Now protected forests are certain areas wherein an area which is specially known for the production of certain items and these are to be protected. And the government the British government went to the extent of pointing out we are giving some kind of title here. But then no title was given it is only what we call as simply telling the people you have some rights here but then the government enjoyed almost all the types of rights which were which ought to have been given to the people is not given to them but it enjoyed. Now then came what we call as the 90 the year 1927, a legislation came to be established and when the legislation came to be established because established with a purpose. I just wanted to speak to you the Indian Forest Act of 1927, which includes elephants, camels, buffaloes, horses and maize and ponies. Now these were considered as cattle. So cattle means and includes under the section elephants, camels, buffaloes, horses, maize and ponies. Now the act 1927 act consists of 86 sections, which are divided into 13 chapters. Now, a few of the things I just intend to speak to you then regulation of and a transit of forest produce. During the time of Maurya as I just said you the superintendent of the forest was regulating this. And in an analogy of the same, the British government wanted to regulate this in a very refined manner, because these the superintendents were given enormous power to regulate this. And cottage industries were established just by the side of the forest. And these cottage industries were established to see that the forest produce become the finished products. And once they become the finished products, they would go to the market and from the market, anybody would bribe for example, furnitures. For example, forest what we call as flowers, fruits, all of them anybody can buy that is the purpose of this. Then the other one is levy duty on timber and other forest produce. Now violation of the forest law was taking place. When violation of the forest law that was taking place, they wanted to levy a fine. And forest also should become what we call as the revenue earning source. Today on every item the government of the day intends to put a tax and the British people did not leave the forest at all. And they say that in the event of violation, in the event of not respecting it, you are supposed to pay the fine. Because there are people who are appointed by the government to protect this and a salary and other things should come from these fines for them. Park can be given only because of this, not that law. Now for all any forest legislation you just see, you will come to know that any kind of rights were not given to the people. Anyone who violated the forest law section wise, he was entitled to pay a fine even in those days. Even today it is the same. And after paying the fines, you can make use of the property the way you want. And all the forest legislations go to the extent of pointing out. The first one is the two legislations which have just spoken, deny any kind of authority, power and title to the people who live nearby, lived nearby. They were not given anything. And by coercive measures, they were turned out in the event of making sure the product is produced. Only in the village forest, they said, we will give you the title. That is only remember, just saying we will give you the public, but title was not given to them at all. In the village forest and other one protected forest, because they wanted to convert these protected forests into later state, into reserve forest. That is why they were afraid of giving any kind of title. When the public asked why title is not given, yes, yes, you have some title, but then that was not recognized under the law. And the same attitude continued even by the British government, by the Indian independent government. In India came established the regime. Remember, there were several legislations that is being enacted. And I just intend to speak to you. One such legislation happened to be the forest policy of 1950. Now, the forest policy of 1950 was passed by the government also points out that revenues are to be collected. And only by collecting the revenues by penalty, we can stop the people in acquiring forest area and forest land. Then afterwards, we have what we call as the Forest Conservation Act of 1980. In the year 1980, the Forest Conservation Act came to be established and the Forest Conservation Act also. Remember, go to the extent of pointing out because there is a purpose behind this. Now, the Chipko movement which was started, went to the extent of pointing out. You cannot displace the people who are naturally living on this forest for centuries. Children, grandchildren, great-grandchildren and their children were living in this area and living a livelihood and leading a life. And if you displace them naturally, it cannot be tolerated. Thereafter, it went to and spread in other parts of India. Now, at that time, the 1980 legislation came in and it went to the extent of pointing out. Now, we are here to protect what we call as the scheduled tribes and others. And with the result of what we call as the scheduled tribe, another forest dwellers act came in in the year 2006. Now, scheduled tribes and other forest dwellers act of 2006. Now, in this legislation, there are certain rights which are given to what we call as the forest dwellers. And they should approve that they are forest dwellers and they should belong to the scheduled tribes. And you may ask me what type of rights are being given and protected. Now, the first one that is being given to them, right to live in the forest under the individual or common occupation for habitation, for self-cultivation or livelihood. So, right to live there for self-cultivation and discultivation for the purpose of livelihood and to carry on. Now, in the events of this nature, some kind of title is being given under the forest, the conservation act as well as the scheduled tribe, another forest act, forest dwellers act. You will be knowing a ministry was set up and this ministry is to protect the scheduled tribes who are living in the forest. Then, the second one is right to access to dispose of minor forest reduce. There are certain rights, concession was given to dispose of the produce which is being produced in the forest and they have a role in its production. The third one is what we call as the right to entitlements such as grazing and traditional seasonal resources. Now, the fourth one is right to conversion of basic or grants issued by any local authority by the state government or forest land. And the last one is right to protect, regenerate and conservation and management. Now, these are the rights which are being, five rights which are being given under the, what we call the scheduled tribe and other forest dwellers act of 2006. Now, this is being given only after the agitation and the vegetation, agitation became so severe, they had to protect this and without protecting it could not be done. Now, what has happened is what exactly is the role of courts? When I speak about the role of courts, remember you have several decisions and I will just speak to you one or two important decisions and end up. One is Bhagwani Bholi versus state of Orissa. Now, Bhagwani Bholi versus state of Orissa. In this case, what has happened was in the area of reserve forests and other areas which are considered as forests, you cannot have any kind of encroachment. And if you want to have what we call as sawmill or some other thing, you require the permission of the central government. The central government has established a committee which is called the Empowering Committee. So, suppose for example, if you want to have a sawmill inside the forest, naturally your application moted will go through the state government to the Empowering Committee established by the central government. And the central government will refer the matter to the committee and the committee will examine and if required it will make a spot investigation. After having made the spot investigation, remember it will give permission or it may not give permission and it may refuse permission. Now, in this case what has happened was the concerned party has made an application but then permission has not come. So, when the permission has not come, the party went to the extent of pointing out. Remember, silence is concerned. Since the concerned government to whom application is referred and the matter which has been given to the Empowering Committee, if it is not replied, the presumption is remember it has permitted us to have a sawmill inside the forest. The matter went to the Supreme Court of India. The Supreme Court said, ultimately for any activity permission that is written permission from the Empowering Committee is very much essential. And unless you have the written permission, you cannot have sawmill or any other thing anywhere inside the forest. This is a major step that was taken by the Supreme Court of India in protecting the forest. Now, the second case which I just wanted to tell you happened to be the Banwasi Seva Ashram versus the State of Uttar Pradesh. Now, in this case what has happened was the thermal power corporation of India had acquired certain properties which were forest area. And these properties were acquired and which were found in the forest area. What has happened was they did not give any alternative sources of area or accommodation for the people who are made to leave the forest. So the matter went to the Court of Law and when that matter went off was heard. What has happened was the Supreme Court of India pointed out, unless you allocate alternative sources of land for the rehabilitation of these people who are, remember, disabled from staying in those areas, everything is incomplete, it has to be done. This is done in favor of the workers where people who are living in the forest area. Now that afterwards you may be knowing the policies of the Supreme Court of India is to the Supreme Court has been in a few of the judgment it has acted as a lawmaker and it has acted as a judicial enforcer of law and it has acted as a policymaker. Now you may be knowing the several cases which came in. For example, I just give you two cases, one happened to be the William Gasly. The William Gasly, it went to the extent of imposing absolute liability. The decision was given in the year 1985. Then afterwards you have what we call as the Birchie case, which is rarely cited in major cases wherein H acid, the European countries were producing H acid and this H acid was used for the purpose of putting colors in cloths, especially in textile industry. And because of the hazardous effect, they wanted to slowly put an end to the production of H acid so that they wanted to prevent to see that their environment is clean. Now the moment the state of India and the state of China came to know about this they wanted to produce the H acid and several factories came in the state of China as well as in the state of India. In the state of Rajasthan, in the district of Udaipur, one such factory came in and which produced H acid. When the production started, remember the entire groundwater became red, it turned into red and later it turned into black and people were surprised entire groundwater was polluted and afterwards the matter goes to the court of law. And having gone to the court of law, they summoned the pollution control board of India, summoned the Rajasthan control board, they summoned the deputy commissioners and tried to resolve the issue but it was not possible. Remember this case, it went in 1989, but the matter final settlement of 44 crores were made in the year 2011. That virtually speaks how many years, remember 21 years, the almost 22 years the litigation went on before the Supreme Court of India. There was another case which came up before the Supreme Court, that is research foundation case. Now in the research foundation case, remember Vandana Sharma, she went to the Supreme Court of India and she filed a public interest litigation and in the public interest litigation she simply pointed out that are the what we call as the Vandana Shiva. Now she pointed out that the Hazardous Waste Convention, the Basil Convention, the transplanted movement of Hazardous Waste has already come. But in spite of the coming to force the convention in 1992, even after that what is happening is Hazardous Waste come to the state of India without regulation. Environment ministry and other ministries are supposed to control because there is no coordination of work between the Ministry of Environment, Ministry of Trade and Commerce, Ministry of Agriculture and the other ministries, there are plenty of them. And they come and ultimately they are dumped in this country although there is a regulation. How it is happening? Why it is happening? Why we are not able to control? She Vandana Priya went to the extent of giving statistics that even OECD, Organization of Economic Cooperation and Development, that is an institution which used to supply Hazardous Waste into the territory of India. Who has allowed this? How it is happening? And the people at the airport as well as in the ports who are, remember we are supposed to excise commissioners and other people who are handling this are not even trained. And if you go and just take an interview, they don't even know. They simply say, remember Exim policy under the Exim policy commission, let it go inside. The Supreme Court of India having heard called the Ministry of Environment and directed them to appoint a commission. And this commission was composed of seven members. And the chairman of this commission happened to be MGK Manan. MGK Manan led by his six brothers as commission members made an investigation into every provision of the protection of environment. One thing they found out was the defect in the definition of Hazardous Waste. Each country was permitted to define Hazardous Waste by itself. Now, if that is the case, there is no, what is Hazardous in your country? It's not Hazardous in my country. With the result, remember, since it is not Hazardous, you can export to my country because in my country it is not Hazardous. This has to be prevented and there should be unity. And the committee, remember, worked out almost four years and visited every Hazardous industry in this country and submitted a report running into 1200 pages. And the report, remember, devastating, it went to the yesterday because it was given 14 tasks and they were asked to answer all these 14 tasks. And when they answered, remember, that is where at a later stage, what we call as the Hazardous Waste Rules of 2016 came to be established. Now, everything should be in accordance with that and it should be strictly enforced. And the tragedy of this country is we, the committee makes a mention, till 1997, we did not have a landfill. And most of the landfills which we had in this country at that time was only for temporary use for three months. And these landfills which were meant to be used only for three months were used as permanent landfills at a later stage. What would happen to the environment? You think of this and it is good for thought for you. I thank you once again with best wishes. Any doubts, questions you may ask? If I know, I will answer. Yes, sir. The session explained everything in such an erudite manner that I don't think that anyone would be having a doubt. And you have taken the sessions to the wide spectrum what I started at the same of the session that you will be taking across the length and breadth of the entire session. I believe that everything would be lightened and entitled to be enriched with the knowledge with the session what you have done. Thank you, sir, for sharing your knowledge. Thank you. No doubts at all. Not at all. I even saw on the YouTube there was no doubt. Okay. I believe that you have taken what everybody had expected. You have taken across all the forest etc. along with the case law. I believe that everybody is already enriched with your sharing of the knowledge. Thank you. Thank you.