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Forest Conservation Act 1980: Provisions, and Recent Developments

Forest Conservation Act 1980: Provisions, and Recent Developments

Context:

This editorial is based on the news “Calm assessment: On the extent of ‘deemed forestwhich was published in the Hindu. This article highlights the Supreme Court of India’s decision to put a pause on the Centre’s action to amend India’s Forest Conservation Act 1980, that was brought in to check the wanton razing of forests for ‘non-forestry uses’.  

Relevancy for Prelims: Supreme Court, Forest Conservation, Forest (Conservation) Amendment Bill 2023, Forest Rights Act 2006 And Rights Of Forest Dwellers and T.N. Godavarman Thirumulpad Judgment.

Relevancy for Mains: India’s Forest Conservation Act, 1980- Features, Need for Amendments and Way Forward.

Need for the Centre’s Attempt to Amend the Forest Conservation Act 1980

Forest Conservation Act 1980

  • A Great Extent of Diversion: According to the Union Government, an estimated four million hectares of forest land had been diverted from 1951-75. 
  • Intended to Bring Clarity: As there were large tracts of recorded forest land that had already been put to non-forestry uses, with the permission of State governments. 
  • Elimination of Fear: As per Central Government, there is a reluctance among private citizens to cultivate private plantations and orchards, despite their significant ecological benefits, for fear that they would be classified as ‘forest’ and thus render their ownership void. 
  • Need for Sustainable Climate Action: India’s ambitions to create a carbon sink of 2.5 billion-3 billion tonnes, to meet its net zero goals, have required forest laws to be “dynamic”.
    • The rules have sought to remove ‘deemed forest,’ from the ambit of protection. 

Provisions of the Forest Conservation Act 1980

  • Regulations: Forests could no longer be diverted without adhering to a regulatory mechanism by the Centre. 
    • As a measure of its success, the Centre calculates that from 1981-2022, the average annual diversion of forest had reduced to about 22,000 hectares, or about a tenth of what it was from 1951-75. 
  • Applicability: The provisions of this piece of legislation largely applied to forest tracts recognised as such by the India Forest Act, or any other State legislation. 

About the landmark T.N. Godavarman Thirumulpad Judgment

  • Expanded View: It saw the Supreme Court take an expanded view of forest tracts worthy of protection. 
  • Must Protected: It said that forests had to be protected irrespective of how they were classified and who owned them. 
  • Concept of Deemed Forests: This brought in the concept of ‘deemed forests,’ or tracts that were not officially classified as such in government or revenue records. 
    • States were asked to constitute expert committees to identify such ‘deemed forests.’ 
      • In the 28 years that have passed since the judgement, only a handful of States have constituted such committees or made public the extent of such ‘deemed forests’ within their territories.

Conclusion

Such amendment has triggered a slew of public interest petitions as an assault on the Act’s ambition of forest protection. While a final judgement is pending, the Court’s order to the Centre to compile and make public, by April, States’ efforts at recording the extent of deemed forests is welcome. There is a need to maintain a balance between economical and ecological growth development.

Mains Question: Forest resources in India are greatly substantial and impactful for achieving SDGs 2030. Comment on the context in the light of accompanied challenges and measures to resolve them. (10 Marks, 150 words)

 

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 Final Result – CIVIL SERVICES EXAMINATION, 2023.   Udaan-Prelims Wallah ( Static ) booklets 2024 released both in english and hindi : Download from Here!     Download UPSC Mains 2023 Question Papers PDF  Free Initiative links -1) Download Prahaar 3.0 for Mains Current Affairs PDF both in English and Hindi 2) Daily Main Answer Writing  , 3) Daily Current Affairs , Editorial Analysis and quiz ,  4) PDF Downloads  UPSC Prelims 2023 Trend Analysis cut-off and answer key

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UDAAN PRELIMS WALLAH
Comprehensive coverage with a concise format
Integration of PYQ within the booklet
Designed as per recent trends of Prelims questions
हिंदी में भी उपलब्ध
Quick Revise Now !
UDAAN PRELIMS WALLAH
Comprehensive coverage with a concise format
Integration of PYQ within the booklet
Designed as per recent trends of Prelims questions
हिंदी में भी उपलब्ध

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