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A three-judge Bench headed by Chief Justice of India D.Y. Chandrachud passed the order on petitions challenging the amendments introduced in 2023 to the Forest (Conservation) Act, 1980. The 1980 statute was enacted to check deforestation leading to ecological imbalance.
KEY PROVISIONS OF THE FOREST (CONSERVATION) AMENDMENT ACT,2023
Insertion of Preamble
The Amendment Act introduces a Preamble to the Forest (Conservation) Act.
This Preamble officially acknowledges India's commitment to achieving Net Zero Emission by 2070, meeting the Nationally Determined Contribution (NDC) targets by 2030, and expanding India's forest and tree cover to one-third of its land area.
Land under the Purview of the Act
As per the amendment, the forest law will now apply exclusively to areas categorized under the Forest Act,1927 and those designated as such on or after October 25, 1980. The Act will not be applicable to forests that were converted for non-forest use on or after December 12, 1996.
The amendments seek to streamline the application of the Act to recorded forest lands, private forest lands, plantations, etc.
Exempted Categories of Land
The Bill proposes certain exemptions to encourage afforestation and plantation outside forests.
For instance, 0.10 ha of forest land has been proposed to provide connectivity for habitation and establishments located on the side of roads and railways, up to 10 ha of land proposed for security-related infrastructure, and up to 5 ha of forest land in Left Wing Extremism Affected Districts for public utility projects.
These exemptions include strategic projects related to national security within 100 km of the International Borders, Line of Actual Control (LAC), Line of Control (LoC), etc.
Leasing of Forest Land
Under the Act, a state government requires prior approval of the central government to assign forest land to any entity not owned or controlled by the government.
Under the Act, this condition is extended to all entities, including those owned and controlled by the government. It also requires that prior approval be subject to terms and conditions prescribed by the central government.
Permitted Activities in Forest Land
The Act restricts the de-reservation of forests or the use of forest land for non-forest purposes. Such restrictions may be lifted with the prior approval of the central government.
The Act specifies certain activities that will be excluded from non-forest purposes, meaning that restrictions on the use of forest land for non-forest purposes will not apply.
These activities include works related to the conservation, management, and development of forests and wildlife such as establishing check posts, fire lines, fencing, and wireless communication.
Expansion of the Central Government’s Power of Delegated Legislation
Prior to the amendment, the power of the Central Government to make delegated legislation was limited to making Rules only.
In order to ensure proper implementation of the provisions of the Act, the delegated legislation-making power of the Central Government has been expanded and it is now been bestowed with the power to issue “directions” to any central government authority, State Governments, Union territories, or to any organization, entity or body recognized by them.
SIGNIFICANCE OF THE AMENDMENT
Enhanced Definition and Scope of Forests: The Act provides a precise definition of forests, limiting ambiguities around "deemed forests" and uniform application only to areas officially notified and recorded as forests, along with statutory recognition of exemptions for certain projects.
Support for Climate Goals and Forest Productivity: The legislation is designed to support national and international climate commitments, clarify the Act's applicability, promote afforestation on non-forest land, and increase forest productivity.
Facilitation of Development and Economic Utilization: In light of historical legal precedents and stakeholder opposition, the amendment facilitates the removal of some forest areas from stringent legal controls, enabling their use for various purposes, including infrastructure and security projects.
Infrastructure Development and National Security Enhancements: Exemptions for linear infrastructure projects near national borders aim to boost infrastructure development crucial for national security without requiring forest clearance permissions.
Promotion of Compensatory Afforestation: The Act encourages compensatory afforestation, allowing private parties to contribute to afforestation or reforestation efforts.
Strengthening Community Engagement and Livelihoods: By promoting government-owned conservation and ecotourism initiatives outside protected areas, the amendment aims to enhance forest conservation awareness, protect wildlife, and improve local community livelihoods through integrated development projects.
CHALLENGES
Redefining Forests:
The Act created a contradiction to the pre-existing definition of forest defined by the Supreme Court of India in a 1996 order, stating any patches of trees recorded as forest in any government records, irrespective of ownership, recognition, and classification, would automatically become a deemed forest.
Approximately one-fifth to one-fourth of India’s forests have lost their legal safeguard due to the modification of the definition under this amendment in the existing Act, according to the Punjab-based Public Action Committee (PAC).
But now, the SC directed the government to revert to the “dictionary meaning” of ‘forest’ as upheld in a 1996 Supreme Court decision in the T.N. Godavarman Thirumulpad case. The term ‘forest’ had been given a broad meaning by the court then to preserve these green expanses, irrespective of their nature, classification or ownership.
Infrastructure Encroachment:
Exempting land near border areas for national security projects may adversely impact the forest cover and wildlife in northeastern states.
A blanket exemption for projects like zoos, eco-tourism facilities, and reconnaissance surveys may adversely affect forest land and wildlife
Neglect of Tribal Rights:
The amendment removes the requirement for prior consent from tribal grama sabhas for alterations to forests for non-forest purposes.
Permission for private companies to use forest land for ecotourism may promote corporate interests at the expense of tribal communities' livelihoods.
Potential negative impacts on local cultures and traditions due to mass tourism.
Top-Down Authority:
The amendments raised concerns about potential forest exploitation by private, profit-driven companies or firms and neglection of state governments’ concerns by consolidating more power in the hands of the central government.
Human-Animal Conflicts:
Man-animal conflicts will increase if infrastructure development is allowed on forest land
The amendment does not address growing human-animal conflicts in tribal hamlets, posing threats to both livelihoods and wildlife.
WAY FORWARD
Engaging Stakeholders: Initiate broad consultations with environmental specialists, indigenous peoples, local communities, and non-governmental organizations to integrate a wide range of views and address potential concerns. Focus on ensuring inclusivity, community involvement, and open communication in all decisions.
Ensuring Transparent Decision-Making: Commit to openness and accountability in the processes governing forest land management, exemptions, and approval of developmental projects to build confidence among all parties involved.
Implementing Continuous Evaluation: Set up a comprehensive review system to periodically evaluate the effectiveness and impact of the Act on ecosystems, biodiversity, and indigenous populations, adjusting policies as necessary based on outcomes and stakeholder feedback.
Strengthening Community Rights and Participation: Enhance the role of local and tribal communities in the governance of forest resources by valuing their indigenous knowledge, ensuring they share in the benefits, and safeguarding their rights through legal means.
Enhancing Environmental Assessments: Improve the Environmental Impact Assessment process to thoroughly evaluate the potential effects of proposed developments on the environment, aiming for a balance between progress and conservation.
Creating Mechanisms for Dispute Resolution: Set up effective platforms for resolving conflicts related to the Act, ensuring all voices are heard and disputes are settled fairly and efficiently.
Building Implementation Capacity: Strengthen the capabilities of relevant bodies to enforce the Act effectively, following established guidelines and making informed decisions.
Advancing Scientific Knowledge and Adaptive Management: Support ongoing scientific studies to understand the Act's effects on natural habitats, using evidence-based findings to fine-tune policies and respond dynamically to new challenges.
The journey towards sustainable development is a shared endeavor, requiring a steadfast dedication to ecological preservation alongside economic and infrastructural advancement. The Forest Conservation Amendment Act exemplifies the achievable balance between national growth and environmental integrity, setting the stage for a future where prosperity and nature flourish together.
PRACTICE QUESTION
Q:What are the key provisions and issues of the Forest (Conservation) Amendment Act 2023? (15M,250W)
