The Supreme Court (SC) issued a stern warning to Chief Secretaries and Union Territory Administrators for delays in identifying forests.

• The warning was issued because of repeated non-compliance with the SC’s 1996 T.N. Godavarman judgment and subsequent orders.

SC Directives on Identification of Forests

• Mandate for Expert Committees: States/UTs must appoint expert committees to identify forests, including degraded and unclassified forests within six months.
• Scientific Demarcation and Documentation: Consolidated records must be prepared under Rule 16(1) of the Van (Sanrakshan Evam Samvardhan) Adhiniyam Rules, 2023.
• Personal Accountability: Chief Secretaries/Administrators will be held personally liable for non-compliance.
• Compensatory Afforestation Requirement: Forest land cannot be reduced for linear projects unless compensatory land is provided.

SC’s 1996 T.N. Godavarman judgment

Forest Designation and Identification as per the Judgment

• The term “forest” under the Forest Conservation Act, 1980, includes all statutorily recognized forests (reserved, protected, or otherwise) and any area recorded as forest in government records.
• Forests must be identified based on their dictionary meaning, irrespective of ownership or classification.

Mandatory Approval for Activities

• Prior approval from the Central Government is required for any non-forest activity, including sawmills, veneer mills, plywood mills, and mining operations in forest areas.
• Logging and timber movement in several states, including Arunachal Pradesh, Assam, and North-Eastern states, are restricted.

State Responsibilities as per the Judgement

• Each State Government must form an Expert Committee to:
  • Identify all forest areas, including degraded or denuded forests.
  • Determine sustainable forestry practices and sawmill capacities.
• Reports on sawmills, timber sources, and industry sustainability must be submitted within a specified timeframe.

Current Definition of Forest and Related Concerns

• Broad Definition as per 1996 SC Judgment: Covers all statutorily recognized forests, including notified, recorded, and forest-like areas.
• 2023 Forest Act Amendments: Restricts the definition to:
  • Lands legally declared as forests.
  • Areas recorded as forests on/after October 25, 1980.
• Concerns: It excludes ~1.97 lakh sq. km. from forest coverage.
  • May lead to deforestation and ecological imbalance.

ClassifIcation of forests in India based on protection status

Constitutional Framework For Forest In India

• Inclusion in Concurrent List:  Forests are classified under the Concurrent List of the Constitution of India. Transfer of Jurisdiction:  The 42nd Amendment Act of 1976 transferred the jurisdiction over forests and protection of flora and fauna from the State List to the Concurrent List. 
• Fundamental Duty and Directive Principles:  
  • Article 51A (G) emphasises the essential obligation of citizens to shield and preserve the natural environment, consisting of forests. 
  • Article 48 A of the Directive Principles of State Policy mandates Government’s efforts to preserve and improve the environment, consisting of safeguarding forests and the natural world.

Challenges in Forest Identification

• Partial Compliance: Only Sikkim, Odisha, and Gujarat have fully complied with Rule 16(1).
• Delays and Suspicion: Most states cite logistical difficulties, but petitioners suspect a lack of commitment to forest conservation.
• Need for GIS-based Database: As per SC’s 2011 Lafarge judgment, a GIS database should map and regularly update forest boundaries.

Forest Cover and Losses

• India’s Forest and Tree Cover (2023 ISFR Report): 8.27 lakh sq. km. (~25% of total geographical area).
• Recent Forest Loss: 1,488 sq. km. of unclassified forests lost between 2021-2023.
• Environmental Risks: Continued delay in forest identification may worsen deforestation and threaten biodiversity.

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