Amendment to the Saurashtra Felling of Trees

To:  Govt. of Gujarat

To,
Hon’ble Chief Minister, Gujarat.
Hon’ble Minister of Forest and Environment, Government of Gujarat
The Secretary, Forest and Environment Department, Gujarat State
Principle Chief Conservator of Forests, Gujarat State

And
Ministry of Forest and Environment, Government of India


Dear Sirs,

Sub: Amendment to the Saurashtra Felling of Trees
(Infliction of Punishment) Act, 1951

Ambli-Pipli is a hot favourite with children all over Gujarat. The natural flare children display for climbing branches is assigned the status of a tradition as well as a sport. While the ability to make playmates of trees and to tell them apart by their names is denied to urbanites, this joy is still within reach of rural Gujarat. This could change irreversibly.

The Saurashtra Felling of Trees (Infliction of Punishment) Act, 1951 (herein after referred to as SFT Act), provides for the control and regulation of the felling of certain types of reserved trees on privately owned agricultural and non-agricultural areas. With Gujarat Statehood, this was re-enforced by the Gujarat Agricultural Tree Felling Act, 1961. Under this, no person can wilfully fell or damage any reserved tree or part thereof without permission of a competent authority (Government of Gujarat 1982-84).

However, a recent Notification No.SFT-302004-393-G.I(I) Dated:27/03/2008 issued by the Government of Gujarat, Forest and Environment Department, Gandhinagar, seeks to modify the SFT Act, with a proposal to permit free felling of six (of the 26 protected) important, indigenous trees, on private land, ostensibly to facilitate the practice of agro-forestry. The Notification, which is issued in the name of the powers conferred under section 2(c) of the SFT Act is prima facie against the aims and objects of the SFT act itself and is very much contrary to the agreements entered into by our Country in various international environmental conventions. It is a basic rule of law that a Notification in pursuance of any provision of any Act cannot be issued if it nullifies the aim and object of that Act only. The Notification essentially contravenes the national (as well as global) policy of attaining 30% FTC (Forest and Tree Cover). It was agreed upon, in the Conference of Forest Secretaries/PCCPS/Chief Wildlife Wardens of State/UT Governments held on 12-13 February 2008 that at the present rate of plantation of 1.6 -1.8 mha/year there is a need to go in for 4 times the rate of plantation every year to achieve the target of 30% FTC. It was also agreed upon that the State/UT Government would prepare an action plan for increasing forest and tree cover for contributing towards achievement of 30% FTC by the end of 2012. Instead of preparing such an action plan, surprisingly, the Government of Gujarat has planned liberalizing the control regime for obtaining the permission for felling of ‘some’ species which includes Neem, Khijado and Ambli. Neem, Khijdo and Ambli are ranked under preferred trees for nesting of Vultures (report of GEER Foundation on Vulture Survey, 2005), the most endangered bird in entire South-East Asia. How then can the notification claim to have strived for a balance between regulation and promotion of forestry in the private sector without compromising the ecological and floral interests of forest and tree conservation? The SFT Act is a significant piece of legislation as it not only helps to safeguard the State’s timber resources, but re-enforces age-old practices of conservation.

By making it mandatory to seek permission from the Mamlatdar or Municipal Commissioner for the felling of 26 native species from non-forest areas, it ensures that the conservation of flora and fauna of a region is a matter of daily consequence to its denizens, a force of habit. The SFT Act makes the Social Forestry Department accountable to the citizens. It makes it obligatory to monitor, to record, the felling of specific trees and transportation of timber across the State. It helps keep tabs on the implementation of sustainable agro-forestry projects as well as the need to undertake controlled felling where necessary.

Giving a legal clearance to felling existing trees could prove to be disastrous for the already hard pressed wildlife sharing space in human occupied areas. One fails to understand how liberalizing the control regime for obtaining the permission for felling of ‘some’ species can encourage forestry. Item 2(b) of the notification merely states ‘it is desirable (not mandatory?!) that an equal number of trees will be planted and cared for’, in place of those felled. No stretch of imagination can convince one of the remote possibility that a farmer who harvests an ancient Neem, Ambli or Khijado, will plant the very same trees again, and wait patiently for the 15, 25 or 30 years it takes for the trees to attain maturity, or a girth of 90,75 or 150 (GBH), whichever is earlier. No suggestions or objections have been invited from the public before issuance of this Notification.

Removing the most important and indigenous species like Neem, Ambli, Khijado, Kanji, Deshi Bawal from the schedule is an ill-judged, short-sighted decision on behalf of the Forest Department. The STF Act owes its importance – its ability to act as guardian to ancient native trees (some older than independent India) for the very reason that it prohibits felling of these key species even on private property. It emphasizes the need to conserve existing tree cover as a priority over new plantation, a forestation. The law pre-empts the possibility that in exchange of short-term monetary gain we might stand to lose an immense and irreplaceable natural resource and a national heritage. There is a feeble attempt to suggest that new plantations – by their sheer number will take the place of old trees – whereas the ground reality is that mere plantation of saplings is no guarantee for their survival into maturity. In a few years time Gujarat could be left with tracts of barren land – bereft of its native trees – for which neither the Forest Dept. nor the Government will bear responsibility. It will be another benevolent act of horrific consequence on the part of the Social Forestry Dept. similar to the parasitic spread of Gando Baval (prosopis juliflora) in Kutch, its subsequent burning for charcoal by private interests along with invaluable indigenous plants like the Pilu (Salvadora Persica) that supports local fauna, livestock and rare migrants like the Hypocolius. Native trees, compared to exotics are climate tolerant, pest resistant, and self-sustaining. They bear nectar and berries, help the survival of birds, beneficial insects, like bees. The older trees provide shelter and shade (as scarce in some of the arid areas of Gujarat as water), fodder for cattle, food and nesting sites to a vast number of creatures. In many areas, these native trees such as Khijdo and Deshi Bawal are the only ones that will grow in saline, inhospitable soil conditions. The range of herbal medicines, and other useful products such as the Deshi Bawal’s datun (twig used as tooth-brush) derived from these trees are very much part of the rural household’s free commodities of daily use. The trees also provide narrow corridors/stop over for avian and small mammals to travel between wildlife sanctuaries. They host some rare migrant birds that call Gujarat home and make it an important spot on the birdwatcher’s/ornithologist’s world map, invaluable for eco-tourism. Besides, trees by their ability to store carbon help mitigate and avoid the worst impacts of climate change.

Monoculture plantations sought to be implemented in place of careful nurture of ecosystems, is not in the interest of bio-diversity of the State. Senior environmentalists/conservationists, NGOs and nature lovers all over Gujarat have voiced their concern in letters to the authorities and on the internet regarding this recent Notification seeking to modify the SFT Act. Leading newspapers have reported the issue, such as Times of India, in their City Section, Ahmedabad, 21st May 2008.

We urgently request the Government of Gujarat, Hon’ble Chief Minister of Gujarat, Hon’ble Minister of Forest and Environment of Gujarat, the Secretary of Forest and Environment Department, Gujarat State and PCCF, Gujarat State to reconsider the matter, review the effect of this notification so that they may withdraw the same or at least remove native species like Neem, Khijdo, Ambli etc, from the provisions of this notification.

We further request the Ministry of Forest and Environment, Government of India to issue directions to Govt. of Gujarat State regarding this notification as the same is contrary to the international environmental conventions to which India has been a party along with many other countries. Let us vote for a Gujarat where Ambli-Pipli is a live tradition not a short-note in a museum no one bothers to read!

Thank you in advance for your immediate consideration of our petition.

Sincerely,

The Undersigned

The Amendment to the Saurashtra Felling of Trees Petition to Govt. of Gujarat was created by Environment lovers and written by Nina Bhatt (ninabhatt2003@yahoo.com).  This petition is hosted here at www.PetitionOnline.com as a public service. There is no endorsement of this petition, express or implied, by Artifice, Inc. or our sponsors. For technical support please use our simple Petition Help form.