Forest Conservation and Development in India– An Analysis of the Forest Rights Act, 2006 and Its Impact on the Forest System

Development of any kind is seen as a destroyer of the environment. Development affects the environment, ecology and climate. But it is necessary for the progress of the human being and consequently any country. This gave rise to the concept of sustainable development. Sustainable development is development which fulfills the needs of the present generation while protecting the environment for the needs of the future generation. In India, there are many laws protecting and safeguarding the environment. Many of those laws provide for exceptional circumstances under which the environment can be harmed. Most of the time it is for the public purpose of development. The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 commonly known as the Forest Rights Act, 2006 recognizes the rights of the forest dwellers over forest land and forest resources for life, habitation and livelihood. These forest dwellers are required by the Act to conserve the forest. It provides for the management of forest and forest resources for the sustainable use of the forest dwellers at the same time for the protection of the forest. The Act requires the Gram Sabha to conserve and protect biodiversity, wildlife and forest. The Act also makes provisions for allocating forest land for development purposes. When the law recognizes the right of forest dwellers to reside on forest land, it necessarily follows that development facilities like education, roads and others shall be made available. So the Act recognizes the right of forest dwellers over forest and also provides for basic developmental facilities for the use of the forest dwellers. This research paper analyses the long standing conflict between environmental law providing for the conservation of environment and development. It will critically analyze the Forest Rights Act, 2006 provisions on the diversion of forest land and also analyze a few Supreme Court of India judgments.