Forests a National Asset and a Major Contributor to Financial Wealth: Supreme Court

Context

The Supreme Court (SC) asserted in a recent judgment that forests in India are a national asset and a major contributor to the nation’s financial wealth.

Supreme Court Ruling in Telangana Forest Land Dispute

• Pronouncement on Forest Land Dispute in Telangana: The SC bench pronounced the judgment based on an appeal filed by the State of Telangana challenging a High Court decision that had granted forest land to a private individual. 
• Exacerbation of Land Dispute through Conflicting Affidavits: The forest authorities of the State, entrusted with the task of safeguarding the forest presented contradictory affidavits in court regarding the nature of the disputed land. 
• Imposition of Penalty: The apex court imposed a penalty of ₹5 lakh each on both the State government and the private individuals involved. 
  • Additionally, the State was directed to initiate an investigation against its own forest officials.
• Criticism of FCAA: The judgment has come at a time when the Forest Conservation (Amendment) Act of 2023 or the FCAA has attracted widespread criticism. 
  • The FCAA is accused of giving a free hand to States to regularise encroachments in protected forests and determine diversions of forestlands. 
  • The Act has been criticised for paving the way for the commercial exploitation of forests, besides exempting infrastructural projects from environmental clearance.

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Key Highlights of the Supreme Court Judgement

• Carbon Credit as Financial Wealth of Nation: The SC bench highlighted that the  concepts of carbon credit and green accounting to evaluate a nation’s wealth had become a reality.
  • A country with excess forest cover may sell its excess carbon credit to the one in deficit. This underlines the significance of forests in contributing to the financial wealth of a country.
• Economic Value of India’s Forests as Carbon Sinks: India’s forests serve as a major sink of carbon dioxide (CO2). The conservative estimate values the mitigation at $5 per tonne of CO2 sequestered within our forests. 
  • This substantial carbon sink, estimated at approximately 24,000 metric tons of CO2, equates to a value of $120 billion or ₹6 lakh crores.
• Reference to a 2022-2023 report of the Reserve Bank of India: It highlighted the climate change and changing patterns of rainfall could cost the economy 2.8% of its GDP and depress the living standards of nearly half of its population by 2050.
  • India could lose anywhere around 3% to 10% of its GDP annually by year 2100 due to climate change.
• Broad Spectrum Impact: The report suggests the potential impact of climate change on society, leading to serious job losses in every sector. 
  • Therefore, the adverse effect will be on the future of the nation as a whole, as against an identifiable group.

What Is a Forest?

• According to the 1996 Godavarman Judgement:  “forest” would include: 
• Any land recorded as “forest” in government records; and 
• Any land that satisfied the dictionary definition of forest. (The Oxford Dictionary defines forest as “a large area covered with trees and undergrowth.”)

Status of Forests in India: 

• Forest Status in India:  India’s total forest cover underwent a net increase of 38,251 sq. km from 2001 to 2021. This increase was mainly in terms of open forest cover, where tree canopy density is 10-40%.
  • In the same period, forest cover with canopy density above 40% declined by 10,140 sq. km.

Significance of Forests

• Preserving Biodiversity: Forests are home to over 80% of terrestrial biodiversity, including 80% of amphibians, 75% of birds, and 68% of mammals, underscoring the importance of Forest in preserving diverse ecosystems.
• Carbon Sink: Forests are the largest storehouses of carbon after the oceans, as they absorb carbon dioxide (CO2) from the atmosphere through the process of photosynthesis. 
• Water Cycle:  Forests play a critical role in the water cycle. They absorb rainwater and release it gradually, reducing the risk of floods and ensuring a constant supply of freshwater to rivers and streams. 
  • Forests also help recharge groundwater aquifers.
• Local Weather: Forests enhance local precipitation and improve water holding capacity of soil, regulate water cycle, maintain soil fertility by returning the nutrients to the soil through litter.
  • Forests check soil-erosion, landslides and reduce intensity of flood and droughts.
• Ecosystem Services: Forests provide a wide range of ecosystem services, including pollination of crops by forest-dwelling insects, regulation of microclimates, and habitat for pollinators and predators that benefit agriculture.
• Reservoirs of Genetic Diversity: Forests have great biological importance as reservoirs of genetic diversity apart from playing an important role in regulating earth’s climate.
• Crucial Buffer:  As the impacts of climate change become more frequent and severe, forests can provide a crucial buffer for our communities, emphasizing the importance of forest in climate resilience and disaster mitigation.

Threats to Forests in India

• Deforestation: Rampant unlawful logging sports for wooden, fuelwood, and other forest area merchandise threaten the integrity of India’s forests.
  • Encroachment of  Forest lands for agricultural enlargement, urbanisation, and commercial improvement exacerbates deforestation charges.
• Mining and Infrastructure Development:  Large-scale mining operations and infrastructure projects, together with roads, highways, and dams, frequently result in substantial forest area clearance and habitat destruction.
• Unsustainable Land Use Practices: Unsustainable land use practices, including transferring cultivation, monoculture plantations, and overgrazing, contribute to forest degradation and loss of biodiversity.
  • Fragmentation of forests because of land conversion results in habitat fragmentation, disrupting ecological processes and diminishing wildlife populations.
• Forest Fires: Forest fires pose an enormous hazard to forest ecosystems, particularly in the dry season. These fires now not only damage vegetation but also degrade soil quality and disrupt environmental dynamics.
• Changing Weather Patterns: Climate change-triggered phenomena, including erratic rainfall, extended droughts, and elevated frequency of intense weather activities, adversely affect  Forest fitness and resilience.
• Spread of Invasive Species: Changes in temperature and precipitation regimes facilitate the unfolding of invasive species, disrupting native ecosystems and outcompeting indigenous flora and fauna.
• Ineffectiveness of CAMPA: Compensatory Afforestation Fund Management and Planning Authority (CAMPA) does not adequately address ecosystem resilience. Biodiversity, which develops over long periods, is richest in older forests. 
  • Thus, replacing mature forests with new saplings adversely impacts biodiversity, climate regulation, carbon storage, and water resources.

India’s Forets Conservation Efforts

• Protected Areas in India:

  • National Parks and Wildlife Sanctuaries: India boasts an in-depth community of countrywide parks and flora and fauna sanctuaries geared toward keeping biodiversity and shielding endangered species.
    • Key examples encompass the Jim Corbett National Park, Kaziranga National Park, and Sundarbans National Park.
  • Biosphere Reserves (BR):  They serve as crucial ecological hotspots, promoting conservation and sustainable improvement.

• Afforestation and Reforestation:

  • National Afforestation Programme (2002):  It aims at ecological restoration of degraded forests and to develop the forest resources with peoples’ participation, with focus on improvement in livelihoods of the forest-fringe communities, especially the poor.
  • Green India Mission (2014): It targets to increase forest and tree cover to mitigate climate change, enhance atmosphere services, and improve livelihoods.
    • It aims to increase forest/tree cover to the extent of 5 million hectares and improve quality of forest/tree cover on another 5 mha of forest/non-forest lands.
    • It also aims to increase forest based livelihood income of about 3 million households.
  • Joint Forest Management: Collaborative efforts among  Forest area departments and local communities through Joint Forest Management (JFM) results in afforestation, reforestation, and sustainable forest management practices.

• Community-Based Total Conservation: 

  • Van Panchayats: Van Panchayats, or forest councils, empower nearby communities to participate in Forest  control, conservation, and recreation activities, fostering a feel of ownership and stewardship.

• • Tribal and Indigenous Forest Rights: Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 recognises tribal and indigenous forest rights and guarantees their involvement in forest conservation and management.

• Forests Policy and Legislation in India: 

  • Forest Conservation Act (1980): It regulates diversion of forest lands for non forest areas, making sure sustainable use and conservation of Forest resources.
  • Environment Protection Act 1986:  It is an umbrella legislation under which various rules and notifications have been framed and issued to take care of the different dimensions of Forest.
  • Wildlife (Protection) Act (WPA),1972: It provides protection to listed flora and fauna and establishes a network of ecologically important protected areas. 
    • It empowers the central and state governments to declare any area a wildlife sanctuary, national park or closed area. 

• • • The Act prohibits hunting of animals except with permission of an authorized officer when the animal has become dangerous to human life or property or so disabled or deceased as to be beyond recovery.
  • National Forest Policy (1988):  It offers a framework for sustainable forest control, biodiversity conservation, and network participation in forest area governance.
  • Compensatory Afforestation Fund Management and Planning Authority (CAMPA):
    • Aim: It was established to compensate for forest loss due to development projects. 
      • Set up Compensatory Afforestation Fund Management & Planning Authority (CAMPA) at central & state level.
    • Fund Allocation: Establishes a National Compensatory Afforestation Fund under the Public Account of India, & a State Compensatory Afforestation Fund under the Public Account of each state.
    • The National Fund receives 10% & State Fund gets 90% of funds collected.
    • Fund Utilization: The funds are utilized for afforestation, regeneration of forest ecosystem, wildlife protection & infrastructure development.

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Way Forward

• Specified Definition of Forest: After assessing the estimates of land under forest a specified definition of forest should be made on the line of kyoto protocol definition which is currently being used for ISFR report.
• Revising Target Forest Cover: It is important to revise the target forest cover under the National Forest Policy, and promote the conservation of grasslands and other open ecosystems.
  • There is no scientific basis for the 33 percent forest cover target that India has set for itself to achieve. It was first proposed in the National Forest Policy 1952. 
• Restoring Native Vegetation: Restoring degraded land to its original state of grasslands or scrub vegetation with native trees will be more rewarding than creating monoculture plantations of teak, bamboo or eucalyptus.
  • As per a recent study in the Nature Geoscience journal, with increased tree plantations, there was a decline of almost 38 per cent in water availability in some river basins globally. 
  • This could affect the water security of millions of rural communities in the dry forest region of India.
• Environment & Social Impact Assessment: Element of Environment & social cost of Project should be in line with forest conservation.
  • Forest governance requires reassessment for its effectiveness in achieving climate targets.
  • Evidence Based Environment Clearances: Government must grant clearances only after there is scientific evidence and studies about each proposal for diversion which accurately identifies the impact on the climate. 
• Consultative Approach: By taking mutual consent with all stockholders after analyzing all pros & cons of the project.
• Preservation with Indigenous Rights: A comprehensive demarcation of boundaries & transition area should be made by recognizing rights of indigenous communities based on Forest Rights Acts 2006 & Forest Conservation Act.

Conclusion

To effectively conserve forests, the government must adopt rights-based approaches to environmental protection and sustainable development, ensuring that conservation efforts genuinely benefit the ecosystem and communities reliant on it and contribute to nation-building. 

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