The Forest Advisory Committee (FAC) under the Union Environment Ministry has recommended a uniform penalty framework for violations of the Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980.

Background and Timeline

• 2017: The Supreme Court directed the introduction of the concept of penal Net Present Value (NPV) for forest land violations.
• 2018: The Forest Advisory Committee (FAC) examined the issue after noting inconsistencies in penalty amounts for similar violations due to the absence of uniform guidelines.
• 2023: The Van Adhiniyam Rules, 2023 were notified to streamline approval, monitoring, and penalty mechanisms for forest land diversion.
• 2025: A Central panel recommended adopting a uniform penalty framework for all violations under the Van Adhiniyam, 1980.

What is Van Adhiniyam, 1980?

• The Van Adhiniyam, 1980 (formerly Forest Conservation Act, 1980) regulates the diversion of forest land for non-forestry purposes such as infrastructure, mining, and industrial activities.
• It mandates prior approval from the Central Government before any de-reservation, leasing, or non-forest use of forest areas can be undertaken.
• The Act’s implementation is supported by the Van Adhiniyam Rules, 2023, which streamline approval, monitoring, and penalty mechanisms for forest land use.
• Violation: It is considered to be violated when forest land is permitted for “de-reservation, non-forest use, lease, or clear felling” without prior approval of the Centre under the law.

Issues Regarding Implementation of Van Adhiniyam, 1980

• Inconsistent Penalties: States imposed different levels of punishment for similar violations due to the absence of standardized guidelines.
• Limited Enforcement Uniformity: Cases of forest diversion without clearance often went unreported or inadequately penalized, weakening deterrence.
• Discontinued Practices: Earlier provisions like penal compensatory afforestation were inconsistently applied after the introduction of monetary penalties.
• Overlapping Penal Measures: The coexistence of penal compensatory afforestation and penal net present value (NPV) led to confusion over proportional enforcement.
• Delayed Reporting: Lack of clear reporting mechanisms resulted in delays in communication between state authorities and the ministry’s regional offices.

Way Forward

• FAC Recommendations: The Forest Advisory Committee has proposed rationalising and unifying penalties, ensuring proportionality and consistency in enforcement.
• Penal Compensatory Afforestation: The FAC recommended charging penal compensatory afforestation equivalent to the extent of forest area violated, along with other penal provisions.
• Institutional Review Mechanism: A committee of ministry officials was formed to draft uniform guidelines on penal actions and reporting formats, based on the Supreme Court’s 2017 directives.

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Conclusion

The FAC’s recommendations aim to ensure uniform, transparent, and proportionate enforcement of the Van Adhiniyam, 1980, strengthening forest governance and environmental accountability across India.

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