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Institutional arrangements for bamboo: Part-I
Forests, in India, being in the state list of subjects for long time and now in the concurrent list for the last two decades, different states have diverse provisions for the use of bamboo, which is mainly the allocation to industries and local artis
INDIA IS different from other bamboo-producing Asian countries because bulk of bamboo consumption is not by artisans but by industries that use bamboo for paper and rayon, scaffolding, and bamboo boards. The continuous increase in the installed capacity of industrial units for paper and board, and increased demand from urban constructions for scaffolding had put an enormous pressure on bamboo forests, and sufferers have been the local people whose survival depends on these forests.
 
Forests, in India, being in the state list of subjects for long time and now in the concurrent list for the last two decades, different states have diverse provisions for the use of bamboo, which is mainly the allocation to industries and local artisans and other people. However, the main elements of these policies are similar. In the last two decades, there has been a drastic change in forest policy and the orientation of forest management in India. The 1988 Forest Policy of India emphasised the people’s participation in forest management and a shift from support to industries to the right of weaker sections. The 1988 Forest Policy of India, the second forest policy of independent India, is a clear departure from its first Forest Policy of 1952. The policy has very clear directions on these three main issues: the rights of the local forest-dependent people, involvement of the people in forest management, and supply of raw material to forest industries.

The policy recognises that the life of tribals and other poor people living within and near forests revolves around forests, and hence, the rights and concessions enjoyed by them should be fully protected. The domestic requirements of these groups of fuel wood, fodder, minor forest produce, and construction timber should be the first charge on forest produce. These and substitute materials should be made available through conveniently located depots at reasonable prices.

In addition, these holders of customary rights and concessions in forest areas should be motivated to identify themselves with the protection and development of forests from which they derive benefits. The rights and concessions from forests should primarily be the bonafide use of the communities living within and around forest areas, specifically the tribals.

On the industrial raw material end, policy states that the practice of supply of forest produce to industry at concessional rates should cease. A forest-based industry should raise the raw material needed for meeting its own requirements. It should, preferably, be done by establishment of direct relationship between factory and the individuals who can grow the material by supporting the individuals with inputs including credit, constant technical service, and finally harvesting and transport services.

In the 1988 Forest Policy, the emphasis was on the motivation of people, holders of customary rights and concessions, to associate themselves with the protection and development of forests. The Government of India, in its order of June 1, 1990, as a follow up of the 1988 Forest Policy, emphasised that the areas to be selected for the programme should be free from the claims (including existing rights, privileges, concessions) of any person who is not a beneficiary under the scheme. In this order no where it was mentioned that only degraded forestland should be selected for the involvement of village communities, however, the subject of the order was the involvement of village communities and voluntary agencies for regeneration of degraded forestlands. As a follow up of the GOI order, more than 20 states have issued the government orders about involvement of village communities in forest management. However, these state governments took the stand that the involvement of village communities is limited only to the degraded forests.
 
As a consequence, the government orders of seventeen states have explicitly limited the provisions of joint forest management to degraded forestlands. However, there are three exceptions - Punjab, Nagaland and Uttar Pradesh. In the state of Punjab, all government, private and community forests are included; in Nagaland, non-government land that can be put to forestry/virgin forests and government lands are included. In the case of Uttar Pradesh, only village forests that are not governed by Uttar Pradesh Panchayat Forest Rules 1976 are included. Hence, the state government orders, in general, have not followed the spirit of the 1988 Forest Policy of involving the forest dependent people in forest management, but the focus has become on using the local people for the protection and rehabilitation of degraded forests.

Forests are classified as degraded on the basis of canopy cover. Since most of the species of bamboo are clump-forming, and only few culms are harvested from a bamboo clump at a time. Normally, forests containing bamboo does not fall under the category of degraded forests even when the condition of bamboo clumps may be bad due to past mismanagement of these forests. Hence, due to the limitation of JFM to degraded forestlands, bamboo areas have almost been excluded from the involvement of local communities in forest management. Therefore, the provisions of the 1988 Forest Policy have not been extended, in general, to bamboo forests.

Other provision of these JFM state government orders related to bamboo is the distribution of benefits to the community members. Even though, these provisions have wide variation across the states. But, one of the common features is the distribution of non-timber forest products, normally free of cost or in some states at very nominal prices. But, most of the state government orders, except Madhya Pradesh and Rajasthan, are not clear on the issue of inclusion of bamboo in the category of non-timber forest products.
 
The JFM Government Order (GO) of Madhya Pradesh, issued in 1991, and amended in 1998, clearly mentions that community members will be entitled for all non-nationalised non-timber forest products including bamboo free of cost, collection rights for nationalised NTFPs, and 30 per cent income from fuel-wood obtained from main fellings. Similarly, the GO of Rajasthan, issued in 1991, is explicit that community members are entitled of all NTFPs except bamboo free of cost. In other states, forest managers, normally, follow their conservative approach, and exclude bamboo from NTFPs for the purpose of joint forest management. Hence, the spirit of the National Forest Policy of 1988, regarding the first right of local people on forest products, specifically bamboo, is not being followed in forest areas which have been brought under joint forest management. 

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