Conservation of Biodiversity of the Sunderbans

Objective - The Sundarbans, the largest contiguous mangrove forest in the world, is the most productive forest of Bangladesh. But very little externship works have so far been conducted relating the protection of biodiversity of species of this forest. The object of my study are given below:

I. Study about conservation of biodiversity in Sundarban area;

II. What are the legal method have to preserve biodiversity in Sundarban area;

III. What are the problem arises to protect biodiversity in Sundarban area;

IV. How can preserved biodiversity nationally and internationally;

V. What are limitation of the law and convention to preserved biodiversity;

VI. To draw some conclusion and recommendation for the preservation of biodiversity (in present status).

Scope - The scope of the study was on and around the theoretical dimension of biodiversity, its legal framework and the Sundarban area which is the actual field area.

Methodology - The study has been conducted in accordance with the following methodology:

I. All laws and bye-laws, conventions including executive orders or guidelines relevant of biodiversity in mangrove forest area.

II. Questionnaire were prepared and asked from local people and officials (Forest Department of Khulna and Chittagong Division) about the preservation of biodiversity.

III. To take some data and information about preservation of biodiversity in Sundarban area from NGOs, Forest Department (of Khulna and Chittagong Division), Institute of Forestry and Environmental Science in Chittagong University Campus.

Limitation -

I. This study contains only a socio-legal evaluation regarding biodiversity of Sundarbans. Scientific aspects of biodiversity is outside the scope of this study.

II. As we were outsiders, people of local communities showed reservation while responding to our queries.

Legal Status of Forests - The "reserved forest" found its first appearance in legal document in 1865 Forest Act. The purpose was to define to what forests special conservancy required to be applied because the provision with regard to other forest tracts were purely protective. The Indian Forest Act of 1878 re defined the status and purpose of RF. Subsequently, the provision of the 1878 Act re appeared in the 1927 Act.

There is no single system of law governing the rights duties and authorities over all the forests in Bangladesh.

The legal status of farests variously classified under different legislation are distinct from one another. The bearings of the status of each type of forest as prescribed by the law are diverse in nature and operational scopes. The statutory allocation of bundle of titles to various actors over particular forests are not uniform. The extent and limits of rights, duties and interests in forest significantly vary according to their legal category and status which will be brefly discussed hereafter to highlight the main features.

The Sundarbans was declared as a reserved forest in 1875. About 32,400 hectares of the Sundarbans have been declared as three wildlife sanctuaries, and came under the UNESCO World Heritage Site in 1999.

Reserved Forest (RF) - Chapter II of the 1927 Act governs the regime of RF. For constituting any land as RF,

a) it must be the property of the Government, or

b) over it the Government has proprietary rights, or

c) to the whole or any part of the forest produce of which the Government is entitled.

The declaration proposing to constitute RF must be done through GAzette notification specifying the situation and limits of such land, and the appointment of a Forest Settlement Officer (FSO). However, a notification expressing the declaration to constitute RF does not absolutely render a forest as RF. A series of procedural activities need to performed and documented in accordance with the 1927 Act to finalise the RF status and constitution

As has been mentioned, to designate a RF, the land must either be,

i. forest land, or

ii. waste land, or

iii. any land suitable for afforestation.

All lands comprising RF must be the property of the Government or it must have proprietary riths over such land. Where land is a part of a permanently settled estate, it is a private property and not property of the Government within the meaning of the Forest Act.

Three essential conditions regarding title of a land which have to be fulfilled before constituting a RF:

a) land has to be the property of the Government, or

b) the Government has proprietary right over the land, or

c) the Government is entitled to the whole or part of the forest produce of the land.

When the Government desires to create a RF, a preliminary declaration is made to inform the public and interested persons that it will constitute certain tracts of land as RF. The limits of such forest must be indicated in the notification and a Forest Settlement Officer (FSO) has to be appointed. The FSO is usually not a Forest Officer, but the Deputy Commissioner or Collector of the district within which such forest is located. Only one Forest Officer may be appointed as FSO to represent the interests of the FD of the Government but the total number of FSO will not exceed 3. The declaration has to be done through official gazette; otherwise it will have no effect.

The purpose of appointing a FSO is to inquire into and determine the existence, nature and extent of any rights alleged to exist in favour of any person in or over such land or part thereof, or in or over the produce of such land. That is to verify the legal title of the State to the property in question and to protect that property from the accrual of other rights than those lawfully existing at the time of settlement.

The Forest Manual of 1960 provide detailed guidelines on the procedural matters. From the letters and spirit of the Manual, it appears that the duty of the FSO is directly to fix and define the legal status and extent of the proprietary rights of the State in any forest or waste land or land suitable for afforestation.

The procedures of a FSO may be considered under three