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Uttarakhand: Triple-law to protect forests from fire this summer

For the first time, the state will move beyond traditional penalties, invoking a stringent "legal triad" to prosecute those intentionally or negligently setting fire to the state’s green lungs.

Narendra Sethi

DEHRADUN: In what is being described as the most significant and sensitive policy shift in forest management to date, the Uttarakhand Forest Department has announced a "zero-tolerance" policy against forest fires.

For the first time, the state will move beyond traditional penalties, invoking a stringent "legal triad" to prosecute those intentionally or negligently setting fire to the state’s green lungs.

As the state enters the high-risk fire season, authorities have confirmed that arsonists will no longer face trial under the Forest Act alone. Instead, the department will now simultaneously apply the Wildlife Protection Act and the newly enacted Bharatiya Nyaya Sanhita (BNS) to ensure offenders face maximum jail time and non-bailable charges.

The decision marks a desperate but necessary response to the recurring devastation of Uttarakhand’s ecology.

Currently, under the Indian Forest (Uttaranchal Amendment) Act, 2001, the maximum punishment for forest arson is a mere two years in prison or a fine of ₹5,000.

"The existing provisions have failed to act as a sufficient deterrent. Many offenders walk free on bail or pay a nominal fine," a senior department source revealed.

"By integrating the Wildlife Protection Act and BNS, we are making the legal consequences far more severe." Under the Wildlife Protection Act, 1972, specifically Section 9, any act that harms, displaces, or disturbs wildlife habitat is a punishable offense. When combined with BNS provisions related to the destruction of public property and endangering public safety, the legal net becomes inescapable.

Departmental assessments indicate that nearly 90 per cent of forest fires in the state are man-made. Reasons range from villagers burning dry grass to stimulate new growth, to tourists leaving campfires unattended or discarding lit cigarettes. With 71 per cent of the state’s geographical area under forest cover, even a small spark can escalate into a big fire.

"The time for mere formalities is over. We will not just register a case; we will ensure it serves as a lesson for the future," said Ranjan Kumar Mishra, Head of Forest Force (HoFF), Uttarakhand. Mishra emphasized that the department has already coordinated with the police to streamline the application of BNS in forest-related crimes.

"No one will be allowed to play with the safety of our forests. The message is clear: if you set the forest on fire, you are going to jail." While the legal crackdown is the "peg" of this year's strategy, the department has also fortified its physical defenses. Mapping of sensitive zones, activation of control rooms, and the deployment of fire watchers and modern equipment have been completed across all divisions. As the four-month fire season looms, the state’s proactive stance aims to protect not just the timber and biodiversity, but also the vital water sources and livelihoods of the hill communities that depend on these forests.

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