The Verdict is out. Mumbai is witnessing an unprecedented autocracy where common citizens are booked under section 353, 332, 143 and 149. Their only crime is that they are protecting an urban forest from the onslaught of construction projects pushed under the pretext of development.
Bombay High Court dismissed four petitions filed by NGOs and activists challenging the decision to allow felling of trees in the prime green lung of the city on Friday, 4th October 2019. Hours after Bombay HC verdict, BMC starts cutting trees at Aarey. Was cutting of the trees in Aarey such a national emergency that MMRCL began cutting trees at night and razed more than 200 trees by Friday night? Irreversible damage has befallen our ecosystem, thanks to MMRCL who without following proper stand operations of procedure begins massacring a forest at night leading to an action that is not only unethical, immoral but illegal.
Here are the reasons why the tree cutting massacre is a tight slap on democracy:
1. The (Urban Area) Protection and Preservation of trees Act, 1975 clearly states (in chapter 8, section 3 A) that any tree cutting to be done in the urban areas needs to be followed by a permission letter, which has to be published in public domain. The tree cutting can begin only and ONLY after 15 days of publishing of the permission. This fact was also reiterated clearly in two High Court orders dated 19/7/2019 and 23/4/2018. Moreover, a High court order dated 20/09/2013, clearly mentioned that the Tree Authority should publish all the relevant permissions on their website. This means that any permission published on any other media is invalid.
The permission for the tree cutting of Aarey metro 3 Car shed depot was uploaded on the MCGM website on the evening of 4th October 2019 and tree cutting began the same night. The courts are shut for the weekend and then for Dusshera. The petitioners need time to challenge this in court, which they will not have and by the time courts reopen, the forest will be gone!
2. As per the High Court order issued on 9th June 2017 to MMRCL, they need to have a Tree officer present on site of tree cutting at the time of tree cutting. This is to make sure the right trees are cut and with right procedure. No tree officer was present at the Aarey Car shed site on Friday night. Trees were cut ruthlessly.
3. Though Bombay HC dismissed the petitions against the felling of trees in Aarey, the battle to save the green lungs is not lost. Bombay HC refused to intervene, saying the matter is pending before the Supreme Court and the National Green Tribunal. “This matter is going to be heard by the NGT on October 10, and we hope to get some respite from there. But it seems like the authorities want to eliminate the entire green patch before the hearing,” Stalin D, Vanshakti NGO said.
4. There is a violation of Maharashtra Pollution Control Board consent.
5. The rhythm of plants has been widely studied before, with Darwin first discovering in the late 1880s that plants do have a "sleep" cycle. MMRCL’s decision of brutally felling of trees is another indication of how insensitive, ruthless and ignorant is the bureaucracy towards the environment. Cutting trees at night not only is disruptive for the trees but also the birds, insects and biodiversity thriving on them.
When citizens went to protest against this blatant disregard of laws by MMRCL and stop the felling of trees, they were in turn booked under various sections of the IPC – section 353 (assault or criminal force to deter public servant from discharge of his duty), 332 (voluntarily causing hurt to deter public servant from his duty), 143 (unlawful assembly) and 149 (every member of unlawful assembly guilty of offence committed in prosecution of common object) – since Friday night. The entire Aarey Colony was cordoned off by Mumbai police on Saturday morning and imposed Section 144 after hundreds of green activists tried to stop the felling of trees in the area.
As bulldozers make way for trees in Aarey, undeterred citizens are putting a strong resistance against the government. There are many ways in which you can join the fight to Save Aarey forest. For those staying in Mumbai, join your fellow protesting citizens and come onto the streets. If you are an expert, please share your expertise that can help the cause. For example, there are lawyers required to help release the detained citizens. Environmental and urban planning experts can share their precious consultation and help fortify the cause with facts, data, and science. Artists can help create awareness campaigns. Filmmakers can help create videos that help disseminate the cause.
The fight has just begun, we need as many prayers as protests. We urge citizens to remain upbeat, composed and positive. Our nature is in pain, the least we can do is to radiate our happiness and hope to it.