“The Unheard Voice of Climate Martyrs” by Poornashree P

The recent death incident of the DRFO Sandesh, Karnataka Forest Department, has raised an alarm over the need to employ measures for safeguarding the forest frontline workers. The advancement in science and technology has indeed not yielded a weighted benefit to the frontline forest staff. The ignited thrill and enthusiasm among the activists, stakeholders, and general public pertaining to the issues concerning conservation of forests and wildlife, human wildlife conflict, protection of the rights of tribal groups, and a plethora of other issues can be witnessed in the recent past. In vain, failure prevails, considering the non-attendance to the core problem that calls to be solved.

The Forest guards / frontline staff being the direct stakeholders in the forest department, engage in dominant roles in order to achieve prominent goals and objectives. Their direct engagement in conservation issues is of primary importance. In order to extrapolate the status quo, the primary importance lies in being aware of the basic duties of the Front-line staff as per The Powers and Duties of Officers and Employees of Karnataka Forest Department.[1] The article focuses partly on the few duties that draw major concerns.

The Range Forest Officers are to undertake constant supervision and inspection, in order to keep the subordinates in strict path of duty. The officer is also strictly responsible for the timely disbursement of pay and allowances to his subordinate staff. The inspection of a Beat by the Range Forest Officer includes the inspection of the state of protection and the state of boundary lines and boundary marks of the reserved and other forests in charge of the Forest Guard. Evidence of illicit felling’s, Goat browsing, cattle trespass in closed areas, and the proper maintenance of sign-boards to indicate areas closed and open to grazing should also receive his attention. The Forester is directly responsible to the Range Forest Officer for the proper protection of the forests and other Government property included in his Section and for the execution of such works as may be ordered to be carried out in it. He is to, by frequent patrolling and perambulation of the Beats under his jurisdiction see that the Beat Guards maintain the boundary lines and boundary marks of forests in proper repairs and order and that illicit fellings, Goat-browsing, and grazing in closed areas do not take place in their Beats. The Beat Guard is to know the boundaries of his Beat thoroughly, prevent encroachment, protect his Beat against injury from fire or other causes. He/she is also primarily responsible to patrol the forests constantly in his Beat to prevent offences; where offences are detected, he must promptly submit First Information Reports to the Range Forest Officer and the Deputy Conservator of
Forests and assist the Forester and the Range Forest Officer in their further investigation. Direct intervention with wildlife and the forest, comes with graver responsibilities. The lower the hierarchical order of the ranks of the forest officials, the higher the risk they bear to endure the challenges of nature.

To have delivered the above-mentioned duties, which involve quite challenging tasks, there becomes a dire need for the protection of the staff in various issues. Considering the herculean tasks and the challenges that require different facets of actions, the officers are to be at most liberty to undertake actions and decisions without worrying about legal consequences. Fortunately, the Karnataka Forest Act, 1963 provides for the same.

According to Section 114 and 114A of the Karnataka Forest Act, 1963 provides protection of the forest officers for the act done in good faith. The section reads as, “Indemnity for acts done in good faith- No suit, prosecution or other legal proceeding shall lie against any Forest Officer for anything done or omitted to be done by him in good faith under this Act or the rules or orders made there under” With respect to entertainment of suits/prosecution against the forest offices, section 114A of the act provides substantial legal protection. Section 114A(1) reads as, 114A. Suits or prosecution in respect of acts done under colour of duty not to be entertained without sanction of the State Government in any case of alleged offence or of wrong alleged to have been committed by any Forest Officer, by any act done under colour or in excess of any such duty or authority under this Act, or wherein it shall appear to the court that offence if committed was of the character aforesaid the prosecution or suit shall not be entertained except with the previous sanction of the State Government.