On the eve of the Assembly elections in Assam, the eastern bench of the National Green Tribunal (NGT) issued a ruling on Wednesday that deemed the Assam government’s decision to deploy 1,600 personnel from the Assam Forest Protection Force (AFPF) for electoral duties as fundamentally flawed and in violation of the Biological Diversity Act as well as the Assam Forest Protection Force Act of 1986.
The NGT upheld its interim order from April 2, which had previously instructed the Assam government to halt the deployment of AFPF personnel. This decision was reached by a two-member panel, consisting of judicial member Justice Arun Kumar Tyagi and expert member Ishwar Singh, during a hearing of a petition filed by advocate Gaurav Kumar Bansal.
The Tribunal expressed that the government’s order was illegitimate as it contravened Section 36 of the Biological Diversity Act of 2002, and Sections 3, 10, and 15 of the Assam Forest Protection Force Act of 1986, as well as a Supreme Court directive from May 15, 2024. Despite this ruling, the Tribunal did not conclude the matter and allowed a four-week period for the Assam government and senior officials from the Assam Forest Department to submit their responses regarding the potential deployment of AFPF members for other official functions.
Bansal’s petition challenged the legality of the Assam government’s order, arguing that it was arbitrary and violated both the Biological Diversity Act and the Supreme Court’s instructions against utilizing forest personnel for electoral activities. He asserted that reallocating AFPF members from their primary responsibilities of forest protection could increase the risk of illegal activities, particularly poaching.
The Tribunal acknowledged that while AFPF members do not technically meet the criteria for “forest officers” under the AFPF Act, their employment, salary distribution, and financial benefits are managed by the forest department. Therefore, they are categorized under the broader term of “forest staff.” The ruling highlighted that the Supreme Court’s restrictions on deploying “forest staff” for election-related duties apply to AFPF members as well.
Furthermore, the Tribunal emphasized that the AFPF was established to enhance the protection and security of Assam’s forests, wildlife, and forest products. Deploying these personnel for other purposes would undermine the fundamental objectives of the force’s creation. The Tribunal also noted that precedents of past deployments for different purposes do not justify such actions now or in the future.
On March 19, the Assam government had ordered the mobilization of around 1,600 AFPF personnel, instructing them to report to the office of the Additional Director General of Police by April 3. This directive was issued by M.K. Yadava, the Special Chief Secretary of the Environment, Forest, and Climate Change Department, and it was communicated to the commandants of the AFPF in Basistha and Jakhalabandha.
Nikhil Ghanekar, an award-winning journalist with 14 years of experience, serves as an Assistant Editor at the National Bureau of The Indian Express in New Delhi. He specializes in environmental policy, focusing on key decisions and the operations of the Ministry of Environment, Forest, and Climate Change. Additionally, Ghanekar reports on the National Green Tribunal and examines the implications of environmental policies on wildlife conservation, forestry, and climate change. He joined The Indian Express in 2024 and has previously worked with notable publications including Tehelka, Hindustan Times, DNA Newspaper, News18, and Indiaspend, covering diverse topics from sports to civic issues and government policies.
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