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Rising Kashmir > Blog > Opinion > Forest fires in Jammu & Kashmir: Roles, responsibilities and Legal Commitments
Opinion

Forest fires in Jammu & Kashmir: Roles, responsibilities and Legal Commitments

FAISAL FAROOQ
Last updated: January 20, 2024 9:10 pm
FAISAL FAROOQ
Published: January 20, 2024
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The prolonged and unprecedented dry spell in the Himalayan region is attributed to the absence of active strong western disturbances, prevailing El Niño conditions, and a robust jet stream. This has transformed the once snow-covered mountains and plains into a brown and barren landscape, creating a dry, desolate, and visually depressing scene. The altered weather pattern is impacting various aspects, ranging from hydrology to the agro-economy of the valley, and has also contributed to a recent surge in forest fires in Jammu and Kashmir. Fortunately, the reported forest fires have primarily been ground fires or surface fires without causing any major damage.

According to numerous research articles, approximately 1-2% of the world’s forested areas are engulfed by forest fires annually. Some forest fires are beneficial for ecological renewal, nutrient recycling, control of Alien invasives, pests and diseases but vast majority of fires are associated with their destructiveness.These fires contribute to an annual carbon emission ranging between 2.5 to 4.0 billion tons of CO2, resulting in significant losses in both flora and faunal diversity. Moreover, the repercussions extend to long-term effects on human health and well-being.

In technical terms, the occurrence of any fire necessitates what is referred to as the combustion or fire triangle. This triangle comprises three essential components: air/oxygen, fuel and ignition or heat. The fuel in forests of J&K comprises of dry broad leaves, debris of pine needles with highly flammable resins/oleo-resins, fallen branches and twigs, dry grasses, and shrubs.

In our forests, air is omnipresentand fuel is abundant, with the initiation of a fire dependent on the third element: ignition or heat. This ignition or heat source can originate either naturally or through human activities, categorizing forest fires as either natural or man-made. According to reports from the Forest Survey of India (FSI), approximately 95% of forest fires are of anthropogenic origin i.e., attributed to human activities.

Natural forest fires result from occurrences such as lightning, rolling stones, or the friction of dry grasses and shrubs. Conversely, human-induced fires can be attributed to carelessness or intentional actions. Deliberate fires are often set for charcoal production, as acts of hostility and retribution against forest officials, or to eliminate evidence by setting fire to stumps of illegally felled trees. Additionally, intentional fires may be employed as a modus operandi to encroach on forest land by setting nearby vegetation ablaze. Unintentional forest fires may arise from neglected campfires, the disposal of burning matchsticks and cigarette butts, or unattended fires caused by graziers.

Addressing forest fires involves a dual approach: the response from the relevant forest department and the proactive stance of citizens, marked by environmental awareness and responsible behaviour. Preventing forest fires hinges on the environmental consciousness and responsible actions of citizens.

Forest fire prevention and management strategy: – the forest department must have a comprehensive and holistic prevention and management strategy which includes

  1. Pre fire season strategy (creating fire lines, reducing the fuel load, controlled burning, awareness campaigns, establishing Fire control rooms, mock drills, preparedness and interdepartmental coordination etc.)
  2. During-fire season strategy (forest fire detection based on SMS based alerts by FSI, near real time monitoring of forest fires based on MODIS and SNPP-VIIRS, rapid response teams and forest fire suppression measures)
  3. Post-fire season strategy (investigation, assessment of loss and ecological restoration measures).

 

The lack of precipitation due to prolonged dry spell has rendered the forests of Jammu and Kashmir exceptionally dry, making them susceptible to major fires from even a single spark. In light of this, it is imperative to refrain from entering wildlife protected areas in particular, and forests in general, during this period. Additionally, it is crucial to avoid starting campfires near vegetation, choose open locations for campfires, ensure campfires are completely extinguished before leaving, and refrain from smoking cigarettes while navigating through forests.

It is pertinent to mention that forest fires in the valley are occurring in challenging terrains, necessitating considerable time and a substantial workforce to reach and extinguish the fires. This stands in contrast to fires in the plains, which are easily accessible to humans and fire service vehicles.

Legal provisions and penalty

Besides various provisions in IPC and CrPC, the Indian forest act, 1927 and wildlife protection act, 1972 provides legal protection to the floral and faunal diversity of India. Section 26(1)(c) of IFA,1927 provides that any person who kindles, keeps or carries any fire except at such seasons as the Forest-officer may notify in this behalf with in a reserved forest shall be punishable with imprisonment, or with fine, or with both. It makes the offence a non-bailable cognisable one. similarly, section 33(1)(d) and 33(1)(e) of IFA, 1927 provides for the same with respect to the protected forests.

 

Duties of the citizens and concessionists

Article 51-A of the Indian Constitution mandates every citizen to fulfill the responsibility of safeguarding and enhancing the natural environment, encompassing forests, lakes, rivers, and wildlife, while also fostering compassion for living creatures.Aligned with the Forest Rights Act, Section 5(a) of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, imposes an obligation on holders of any forest rights to actively participate in the protection of wildlife, forests, and biodiversity.

 

The Maharaja era Kashmir Forest Notice of 1912 extends concessions to legitimate users, particularly those whose village boundaries are within three miles from the demarcation line of the designated forest. Simultaneously, it outlined specific duties and responsibilities for these concessionists. Rule 21 of the Kashmir Forest Notice stipulates that concessionists are obligated to promptly inform relevant officials about forest fires. They are also expected to assist in extinguishing forest fires or fires outside the forest that could potentially spread into forest areas they are also required to provide information about individuals involved in forest fire offenses.It is emphasized that individuals failing to provide such assistance are subject to legal consequences. Upon conviction by a magistrate, they may face fines, imprisonment, or both.

In conclusion, forest fires can be effectively prevented and managed through the implementation of proactive strategies by the Forest department and the active involvement of citizens, especially forest concessionists.

 

(The Author works at J&K Forest Department. The views and opinions expressed in this article are the personal opinions of author. Feedback: [email protected])

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