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SC’s Forest Diversion Regulation a Blockade on Forest Rights Act Implementation in Himachal: Himdhara

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Supreme Court On Forest Diversion in Himachal Pradesh 2

ShimlaHimdhara Collective, a Himachal-based environment research and action group, has released a report on the implications of the regulation imposed by the Supreme Court on forest diversion under the Forest Rights Act 2006 in Himachal, through a series of orders passed last year. This brought to a screeching halt the implementation of Section 3(2) of the FRA which grants powers to gram sabhas and Divisional Forest Officers to divert upto 1 hectare of forest land for 13 types of village welfare activities like roads, schools, community centres, PDS shops etc. 

The court orders were based on the conclusions drawn by a Supreme Court Monitoring Committee, headed by a retired PCCF, V.P Mohan, that the diversions were leading to green felling and deforestation in the state. Initially, a stay was imposed on all green felling in the state (in a matter of forest diversions under FCA 1980 and FRA 2006) on 11th March 2019. This stay was partially relaxed but the Supreme court sought all FRA proposals to be brought before it for further diversion.

The report titled ‘Missing the forest for Trees’, assesses the ground reality behind the conclusions drawn by the Supreme Court Monitoring Committee based on which these diversions have been restricted.

“We have found that the Supreme court’s orders need to be reviewed because the alarm raised by the V.P Mohan committee with regard to FRA was a false one”,

stated authors of the report which is based on analysis of RTI information as well as field research.

RTI data sought from the Forest department for all cases under section 3(2) of the Forest Rights Act 2006 from 2014 to 2019 (up to January 2019), was analysed to reveal that 17237 trees were felled in an area of 887.56 hectares for 1959 activities in 41 of the 45 forest divisions of the state.

Roads, followed by schools and community centres dominate the type of activities carried out. Of the total land diverted 91% is for roads. It was found that almost 64% of these diversions showed ‘nil’ trees felled. The average number of trees felled per hectare is very low (19.52) and it may be induced that most activities have been carried out in areas with open forest or no trees.

Rohru (Shimla), Nachan(Mandi), Kinnaur and Chopal were some of the divisions which had a large number of diversions, again mostly for roads.

Case studies we carried out in Mandi and Kangra district showed the desperate need for amenities like village link roads and schools. In Himachal, there remain about 41% villages that have no road connectivity which affects access to health, education and market centres.

On the other hand, large development activities like four lane highways, hydropower projects and transmission lines, have had a much larger ecological footprint in terms of tree loss in the state compared to the very minute, incomparable diversions under FRA.

The report also finds that as far as green cover is concerned in the period corresponding to the high number of forest diversions under FRA (2015-2019), the forest survey of India’s statistics show a 333 sq.km increase in the forest cover.

Why development rights under FRA important for Himachal?

1.No Land available with revenue departments and panchayats for ‘welfare activities’ thus forest land only option

The report concludes that given the fact that 2/3rd of the geographical area of the state is recorded ‘forest area’ where strict forest laws have restricted non-forest use, the FRA provides relief for communities to access basic welfare facilities, which should be seen as their fundamental right and therefore should not be hindered.

2.Cumbersome, costly and lengthy process under FCA 1980

Before FRA it was the Forest Conservation Act, 1980 which governed forest diversion even for small local development activities. This required not only permission from the Central Government (MoEFCC Regional or Delhi Office) but also warranted that user agencies deposit funds (Net Present Value of trees) to carry out Compensatory Afforestation. The whole diversion process under FCA was cumbersome, lengthy and costly, and thus a major hurdle in providing the rural areas, especially remote areas, access to basic welfare development facilities.

 “The section 3(2) of the FRA provides relief for both governmental departments and local communities as it overrides the FCA and puts in place a simple and decentralized process for diversion”states the report.

3.FRA is meant to correct the problems that were posed by strict central forest laws

The Forest Rights Act was passed by the parliament of India in 2006 recognising that across the country there are lakhs of communities dependent on land which is legally categorised as ‘forest land’ and are unable to exercise their basic livelihood and development rights due to extremely strict forest laws. Under this act’s Section 3(1), forest-dependent communities can file claims for their individual and community rights exercised before the cut-off date of 13th December 2005.

“As it is Himachal has been sluggish with FRA implementation and only 136 titles have been issued under section 3(1). But atleast the government was proactive with the implementation of section 3(2). With the Supreme court orders regulating this provision, there seems to be an impression amongst the implementing agencies and officials that there is an over-all blockade on FRA in the state”

added members of the collective.

The report has recommended that the state government and nodal agency for the Act – the Central Ministry of Tribal Affairs, put forth the case in favour of section 3(2) of the FRA strongly in front of the Supreme Court and also move swiftly to ensure implementation of all provisions of this law in Himachal.  

 

Environment

Himachal Gets First Fully Automated ‘Doppler Weather Radar’, Would Provide More Accurate Short Range Forecast

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Dopper Weather Radar in Himachal Pradesh's Kufari

Shimla-India Meteorological Department (IMD) January 15, 2021, celebrated its 146th Foundation Day. IMD is one of the oldest, scientific service organizations in the country, in existence well before Independence.

On the occasion, Dr. Harsh Vardhan inaugurated Doppler Weather Radars at Mukteshwar, Uttarakhand and Kufri, Himachal Pradesh; Multi-Mission Meteorological Data Receiving and Processing System in IMD in collaboration with ISRO (MMDRPS).

According to the IMD, these modernized Radars would give a more specific short-range weather forecast.

It’s pertinent to mention that accurate and advance weather information is of utmost importance to Himachal Pradesh – a state largely dependent on agriculture and tourism.

The one installed in Kufari, Shimla, is Indigenous dual polarised X-Band Doppler Weather Radar. Two more Radars would be installed at Mandi and Dalhousie in Chamba district of the State. A site had already been finalized at Mandi and a site for Radar at Dalhousie would be finalized soon, the State Government informed.

This specific type of Radar uses the Doppler effect to gather velocity data. The Radar transmits a signal, which gets reflected when hits a raindrop. Based on the changes in the frequency of the reflected signal, data is obtained about the motion of droplets and intensity of the precipitation. Scientists can analyze this data to determine the structure and severity of storms.

Radar installed at Kufri is on test mode for a period of two weeks. Thereafter its data would be used for forecasting purposes. This Radar has a range upto 100 kilometres in radial distance. It would observe and provide the weather data of 100 kilometres in all directions, which would be used for forecasting purpose, especially for the short-range forecast. More précised area-specific weather forecast and warning can be issued for a particular place, for the weather phenomenon like thunderstorm, lighting, hailstorm, heavy rainfall/snowfall, gusty winds etc.    

This Centre would help the horticulturists and farmers of the State by providing them with accurate weather information.

The DWR Kufri would run round the clock and it is fully automatic. It would transmit the data in various digital format and picture form.

 Forecasting monsoons is the lifeline to India’s food security and affect the economy as the nation’s GDP is dependent on agriculture. Moreover, weather prediction is critical to reducing the loss of lives from various extreme events like a cyclone, heavy rain, thunderstorm, heatwave and cold wave, monsoonal floods and droughts.

India Meteorological Department says that it is modernizing its observational network in the Central and Western Himalayas by the installation of Doppler Weather Radars in a phased manner, at different locations.

IMD said that this radar will be providing severe weather information to the weather forecasters, thus, improving the safety of the public in the states of Uttarakhand and Himachal Pradesh. It will also provide support to the disaster managers and the pilgrims undertaking the pilgrimage to Kailash Manasarovar and Char Dham yatra. 

 

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Environment

The GHNP and Tirthan Wildlife Sanctuary Ranked as Best Managed Protected Areas of India

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MEE Rank himachal pradesh GHNP

Shimla-The Great Himalayan National Park and Tirthan Wildlife Sanctuary (WLS) have been ranked as the best managed protected areas in India. Sainj WLS has also been placed among the top five Sanctuaries.

Minister for Environment, Forest and Climate Change, Prakash Javadekar, on January 11 released Management Effectiveness Evaluation (MEE) of 146 National Park and Wildlife Sanctuaries in the Country. At present, India has a network of 903 Protected Areas in the country covering about 5% of the total geographic area of the country. The purpose of it was to assess the efficacy of Protected Areas, evaluation of management effectiveness.

The evaluation process was executed by the Wildlife Institute of India, Dehradun, in which  nation-wide 146 National Parks and Wildlife Sanctuaries, including 13 protected areas of Himachal Pradesh, were assessed through a team of evaluators. The score is given for various parameters including staff position, provision of financial resources, degree of protection, peoples’ participation and awareness of the communities towards the conservation values. Against a national average of 62 percent GHNP and Tirthan WLS scored a high of 84.17 percent while Sainj recorded 82.5 percent.

Currently, Himachal Pradesh has a network of 5 National Parks, 28 Wildlife Sanctuaries and 3 Conservation Reserves covering 8391.42 km2 which is 15 percent of the total geographical area of the state.

Top five and bottom five scored NP&WLS

Management Effectiveness Evaluation (MEE) of 146 National Park and Wildlife Sanctuaries in India 2

Source: MEE Evaluation Report

According to this Evaluation three of the top five best managed Protected Areas in the country are from Himachal Pradesh. However, the Evaluation also mentioned weaknesses in management in these National Parks and Wildlife Sanctuaries. (Scroll down for details info)

Top two highest and lowest scored NP&WLS in five regions

Managemaent Effectiveness Evaluation (MEE) of 146 National Park and Wildlife Sanctuaries in India

Source: MEE Evaluation Report

What is Management Effectiveness Evaluation (MEE)?

Protected area (PA) management effectiveness evaluation (MEE) is defined as the assessment of how well NP&WLS are being managed—primarily, whether they are protecting their values and achieving the goals and objectives agreed upon.

The term ‘management effectiveness’ reflects three main themes of PA management -design issues relating to both individual sites and PA systems, the adequacy and appropriateness of management systems and processes, and delivery of the objectives of NP&WLS, including conservation of values.

 Management Effectiveness Evaluation (MEE) of Protected Areas (PAs) has emerged as a key tool for PA managers and is increasingly being used by governments and international bodies to understand the strengths and weaknesses of the protected area management systems.

MEE is a very important document that provides valuable guidance on various aspects of wildlife and protected area expand MEE of Marine Protected Areas. A new framework for MEE of Marine Protected Areas has been also jointly prepared by WII and MoEF&CC.

In recent years there has been a general concern amongst PA professionals and the public that many NP&WLS are failing to achieve their objectives and, in some cases, are actually losing the values for which they were established (Hockings et al. 2008).

As a result, improving the effectiveness of PA management has become a priority throughout the conservation community. Protected areas that are effectively managed generally lead to improved biodiversity outcomes.

However, only 20% (21,743 NP&WLS) of the total coverage of protected areas reported in the WDPA has been assessed for management effectiveness according to the Global Database on Protected Areas Management Effectiveness (UNEP-WCMC, IUCN and NGS 2018). The result indicated that only 17.5% of the countries have achieved the 60% score of management effectiveness (Coad et al. 2015).

Further, Javadekar also announced that from this year onwards 10 best National Parks, 5 coastal and Marine parks and top five Zoos in the country will be ranked and awarded every year.

Management Strengths and Weaknesses of National Parks and Wild Life Sanctuaries in Himachal Pradesh

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Environment

Himachal Bans Import of Poultry Products from Other States, Migratory Bird Death Toll Reaches 4324

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Poultry ban in himachal pradesh

Shimla-Import of poultry products to Himachal Pradesh from other States has been banned for a week, the State Government informed today. The step was taken in order to ensure that the Bird Flu (Avian Influenza) infection does spread from other States through poultry products.   

According to the Government, the “Bird Flu death toll” for migratory birds has reached 4324. The Government said that about 65 rapid response teams of Animal Husbandry and Wild Life departments were regularly monitoring the Pong Dam and adjoining areas. It said that keeping in view the intensity of Bird Flu, samples of poultry have been sent to RDDL Jalandhar by Animal Husbandry Department. 

Further, recently 1000 dead domestic poultry birds were found dumped in Dharampur Sub Division of Solan district, which were disposed of by deep burial and area was being sanitized as per protocol, it was informed. Samples of these dead birds have been sent to RDDL Jallandhar for diagnosis.

Further, it was informed that 215 other birds were also found dead in various parts of the State till date.

Officers have been asked to keep a strict vigil on birds alongside reservoirs and people to sensitize about proper handling of poultry products.

The Government has requested the people to inform the Animal Husbandry and Wild Life Departments if any dead bird is found in their areas.

Bird Flu Confirmed in 10 States

According to the official statement released by the Government of India, till January 11, 2021, Avian Influenza was confirmed in 10 states of the country. ICAR- NIHSAD has confirmed death of crows and migratory/wild birds in Tonk, Karauli, Bhilwara districts of Rajasthan; and Valsad, Vadodara and Surat districts of Gujarat. Further, death of crows was confirmed in Kotdwar and Dehradun districts of Uttarakhand. In Delhi, crows and ducks, respectively, were reported dead in New Delhi and Sanjay lake areas.

Additionally, an outbreak of Avian influenza has been among poultry in Parbhani district where 800 hens died of the Flu. Also, the Flu is confirmed from Mumbai, Thane, Dapoli, Beed in crows in Maharashtra.

Culling of Infected Birds Underway in Haryana

In Haryana, culling of infected birds is underway for the control and containment of the spread of the disease. A Central team has visited Himachal Pradesh and will reach Panchkula on 11 January 2021 for carrying out monitoring the epicentre sites and conducting epidemiological investigation.

States have been requested to build awareness among the public and avoid the spread of misinformation. States/ UTs have been requested to increase surveillance around water bodies, live bird markets, zoos, poultry farms, etc. along with proper disposal of carcasses and strengthening of bio-security in poultry farms.

The States have been asked to maintain adequate stock of PPE kits and accessories required for culling operations, Secretary, DAHD, requested.

Feature Photo: unsplash@relentlessjpg

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