Lack of national policy, a bane of plantation sector

The plantation industry in India has neither a national nor a State plantation policy. “Will schemes alone do for commodities such as tea, coffee, rubber and spices without a policy to give an overall vision of the plantation sector?” asked Sanjay Upadhyay of Enviro Legal Defence Firm.

Throwing light on “Plantations and Environmental Concerns”, Upadhyay said, “This is a glaring lacuna, as special emphasis for export, development and promotion of commodities, such as spices and coffee, have been spelt, but in formulation of the schemes, the environmental imperatives which ought to have been weaved in, is missing. Even the National Agro Forestry Policy 2014 limits itself to regulatory concerns without dealing with the sector in toto,” he said. Upadhyay spoke at a technical session held here this morning, a day ahead of the 122nd annual conference of the apex body of planters in the South – UPASI.

He further pointed out that there were as many as 43 national laws but none revisited to address the present day concerns.

The courts too have dealt with plantations differently – be it the definition of forests, settlement of rights, ecological issues and so on. But a lot more clarity is needed in understanding the plantation sector from an environmental and livelihood perspective.

While there is clarity on plantation operations and related aspects in the specific laws, there is very little on environmental concerns or safeguards within such legislations, the legal expert observed.

Tenural mapping of plantations seems inadequate; and this, in any case, is a legal necessity, he said and urged the planters to understand the issue more clearly.

Lack of uniform transit rules for transit of forestry-based products, and certification are some issues that the planters’ body would need to look at.

Reverting to plantations and eco-tourism, he said, “This is fraught with legal hurdles. While opportunities are aplenty, it could pose a legal tangle when the designated areas are ecologically sensitive or near protected ones. Key legal concerns are there; these should be understood and disseminated to augment the economy of the nation,” he said.

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