How law and environment can be looked into with a modest balance.

1. Re-evaluation of Forest
Rights in India
By Priyanka Chakraborty
15IP61012
LL.B. 2nd Year
Under the Guidance of
Prof. Arindam Basu

2. Lynn White and Religion and
Environment Connection
Religions affect person’s perception about the environment..
Christianity is the most anthropocentric religion the world has
seen.
Human ecology is deeply conditioned by beliefs about our
nature and destiny that is, by religion.

4. It was realized that if the established religions were
mobilised in the cause of environment, it would be easier for
the environment protection movement to achieve its goal of a
green, sustainable future.
Contd…

5. International
Scenario of
religion with
environment
 The Assisi Declarations
 Faiths and the Environment —
Engagement through World
Bank Operations
 WWF Faith For Conservation
CASE- Lyng v. Northwest
Indian Cemetery Protective
Association, 485U.S439 (1988)

6. Different Religions
and its Impact
Christianity
White wrote,
“Christianity made it
possible to exploit
nature in a mood of
indifference to the
feelings of natural
objects.”

7. Contd..
 Judaism
Fink writes, “The belief is that humans are only tenants on this earth. The land belongs to God. We are
given permission to enjoy the Creator's abundant gifts, but we must not waste or want or destroy
anything.”
 Islam
Humans’ good deeds are not limited to the benefit of the human species but rather extend to the
benefit of all created beings.- Prophet Muhammad
Hinduism
Hinduism appears to be a de facto supporter of renewable fuels. Hindus are instructed not to “use
anything belonging to nature, such as oil, coal, or forest, at a greater rate than you can replenish it.”

8. Buddhism
It is viewed by many as the most environmentally friendly religion of all, mainly because it believes in
the fundamental equality of all sentient beings: We are all born, we all age, then we all die.

9. Indian Context
Orissa Mining Corporation
Case-A Landmark
Judgment
This case is an instance to prove that
FRA can be a rights-based tool to
effectively ensure protection of
Indigenous peoples’ and local
communities’ rights over natural
resources.

11. The judgment upholds the customary and
cultural rights of local communities in
accordance with the Forest Rights Act.
It has given new impetus to the local
community and gram sabhas to assert their
rights under the FRA and Panchayat
(Extension to Scheduled Areas) Act.
Villages got community rights under clause
3(1)(c) and 3(1)(d) of FRA.
But there has been improper
implementation of the Supreme Court order
by the state government.

12. Present situation
Alaknanda Hydro Power Company Ltd. v. Anuj Joshi and Ors.,
2013(10)SCALE261- OMC case taken as reference
Baiga tribals become India’s first community to get habitat rights.
A village in Maharashtra stands up for its rights.

13. Hurdles and Issues in Implementation of
the Forest Rights Act
FRA in most cases allows development projects, and not the use and management of forest
resources.
The claims of villages with a predominance of non-scheduled forest dwellers are being denied
or put on indefinite hold.
Dominant political systems many a times limit the de facto rights enjoyed by communities.
Communities and officials in many parts of India simply do not know about the provisions or
how to use them.
Implementation of the existing forest laws, policies, and programs without taking into account
the FRA has effectively constrained assertion and exercise of forest rights at the grassroots level.

14. In several villages the area over which community forest rights have been recognised is much
less than what the village has protected and had claimed.
Protected areas are examples where divergent approaches and resistance of the Forest
Department have obstructed the recognition of rights under the FRA.
Contd..

15. What can be done to protect Forest
Rights?
The Joint MoTA-MoEF Committee and the National Advisory Council have suggested the
establishment of a national FRA council as a support and monitoring body for implementation of
the FRA.
It is necessary to carry out massive legal awareness on the FRA.
There needs to be regular monitoring of forest land use.
Monitoring and reporting process should include information on forest land use and diversion
for various purposes, as well as compliance with the FRA.

16. Conclusion
The glitches in OMC must be removed, for, in OMC discussion was majorly over religious
aspect, and environment protection came as a branch of it, which should be the other way round.
A balance must be maintained between rights, religion and environment.
Development should be allowed, but at what cost, that must be scrutinized!!
Enabling legislature so that existing rights under the FRA are not constrained.