Forest Act: Centre to decriminalise minor offences

The ministry note says that at times there are “difficulties in differentiating between major and minor offences”, and due to that “punishments are often not distinct”.

“This abets habitual offenders to commit more crimes, as there is the same level of punishment for both first-time and repeat offenders,” the notice stated.

A person who “kindles, keeps or carries any fire” permits cattle to pasture or trespass or causes damage by felling a tree or dragging timber through the forest could earlier be penalised with six months imprisonment or a fine up to Rs 500, or both.

At present, the penalty is only a fine of Rs 500.

“Imprisonment for such offences has never actually taken place, and is often used as a tool of harassment. So there is no problem in that aspect of decriminalisation. But the provision of imprisonment, whether actually carried out or not, acts as a deterrent,” environmental lawyer Ritwick Dutta said. “What this amendment will do, is instead incentivise offenses, especially that of felling trees which is extremely dangerous. The proposed amendment further does not clarify whether the Rs 500 fine is the cost of felling one tree, or an entire forest can be felled and considered a single offence.”

Dutta also pointed out that the Centre does not have the jurisprudence to carry out amendments in the Act, as it does not fall under the Central government, having been enacted before Parliament was established. Instead, the Act is adopted by states as they feel fit.

“Only Haryana, Punjab, MP, Bengal and Bihar actually follow the Act,” Dutta said. “Other states have their own forest Acts. So the Centre’s move is actually an infringement on the rights of the states.”