Forest (Conservation) Amendment Bill, 2023

July 12, 2023

GS Paper III Environment and Ecology

Context:

A Parliamentary committee, set up to examine the amendments to the Forest (Conservation) Act, 1980, has endorsed the amendment Bill.

About Forest:

The word Forest is derived from the Latin word ‘Fores’ meaning outside, the reference being to a village boundary or fence and it includes all uncultivated & uninhabited land.
A great variety of forests are found in different parts of India due to unequal distribution of rainfall and temperature as well as their seasonal variation, besides varied biotic conditions.

Key Targets:

India’s INDC: To create an additional carbon sink of 2.5 to 3 billion tonnes of CO2 equivalent through forest and tree cover by 2030.
National Forest Policy of 1988: To have a minimum of 1/3rd of the total geographical area of the country under forest and tree cover.

Status of Forest Cover in India:

Forest cover’, in India, refers to land greater than one hectare in size where the tree canopy density is greater than 10%.
India’s total forest cover rose to 38,251 sq. km from 2001 to 2021.

Indian State of Forest Report 2021:

The Total Forest and Tree cover is now 7,13,789 square kilometers, 21.71% of the country’s geographical area, an increase from 21.67% in 2019.
Forest Cover (Area-wise): Madhya Pradesh> Arunachal Pradesh> Chhattisgarh> Odisha> Maharashtra.

Evolution of Forest Conservation Act in India:

Indian Forest Act of 1865: It empowered the British government to declare any land covered with trees as a government forest and make rules to manage it.
Indian Forest Act of 1878: By this act, the British Administration acquired the sovereignty of all wastelands which by definition included forests.
- It classified the forests into three – reserved forests, protected forests and village forests.
Indian Forest Act of 1927: The Act aimed to extend the state’s control over forests as well as diminish the status of people’s rights to forest use.
- The village communities were alienated from their age-old symbiotic association with forests.
- It was enacted to make forest laws more effective and to improve the previous forest laws.

Forest Conservation Act, 1980:

The FCA is the principal legislation that regulates deforestation in the country.
The Act prohibits state and other authorities, except with the prior approval of the Central Government, to give any order directing:
- De-reservation of the forest;
- Use of forest land for non-forest purposes;
- Assigning any forest land or its portion by way of lease to any private person or organization;
- Clearing of trees which have grown naturally in forested land.
Power to make rules: Empowers the Central Government to make rules for carrying out the provisions of this Act.
Penalties: Contravention of any of the provisions of the Act is punishable imprisonment of upto fifteen days.
Appeal: Any person aggrieved may file an appeal to the National Green Tribunal.

Supreme Court Case Godavarman case 1996:

It held that forest would not only cover the statutorily recognised forest under this act. It would recognise any area recorded in government record regardless of the ownership.

Forest (Conservation) Amendment Bill, 2023:

The bill is introduced to amend the Forest (Conservation) Act, 1980.

Key Features:

Provision	FRA (Forest Rights Act)	Amendment Bill
Restrictions on Activities in Forest	Restricts the de-reservation of forest or use of forest land for non-forest purposes. Non-forest purposes include use of land for cultivating horticultural crops or for any purpose other than reafforestation.	Adds more activities to this list such as: (i) zoos and safaris (ii) eco-tourism facilities, (iii) silvicultural operations (enhancing forest growth), and (iv) any other purpose specified by the central government.
Assignment/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.	In the Bill, this condition is extended to all entities, including those owned and controlled by the government.
Land under the Purview of the Act	The Act will not apply to land changed from forest use to non-forest use on or before December 12, 1996 . The Bill provides that two types of land will be under the purview of the Act: Land declared/notified as a forest under the Indian Forest Act, 1927 or under any other law, or Land not covered in the first category but notified as a forest on or after October 25, 1980 in a government record.
Power to Issue Directions	The Bill adds that the central government may issue directions for the implementation of the Act to any other authority/ organisation under or recognised by the centre, state, or union territory.
Exempted Category	The Bill exempts certain types of land from the provisions of the Act such as: Forest land along a rail line or a public road maintained by the government. Land situated within 100 km along the international borders. Land up to 10 hectares, proposed to be used for constructing security-related infrastructure, etc.

Issue raised against the bill:

Contradiction with Supreme Court’s 1996 Verdict: The amendments specify that forest lands not falling within reserved areas and mentioned in government records before 1980 will not be protected by the Forest (Conservation) Act.
- This amendment deviates from the Supreme Court’s 1996 verdict, which aimed to provide legal protection against deforestation for every forest mentioned in government records.
Concerns Regarding Exploitation of Terms: Terms such as ‘proposed,’ ‘ecotourism facilities,’ and ‘any other purposes’ can be exploited or misused for activities that harm forests and ecosystems in forest lands.
Threat of Plantations to Indian Forests: Critics argue that plantations pose a significant threat to Indian forests. They replace natural ecosystems, negatively impact soil quality, and pose a particular threat to native biodiversity.
Issues with the Exempted Category: exempted land along the international boundaries for national security may impact the forest cover and wildlife in north-eastern states.

Way Forward:

Comprehensive Ground Surveys: Prioritize conducting thorough ground surveys to accurately demarcate unrecorded forests, ensuring their inclusion and protection under the Forest (Conservation) Act.
Balancing Development and Conservation: Strive for a delicate equilibrium between development projects and forest conservation.
- Focus on compensatory afforestation efforts on non-forest or degraded land, rather than promoting the establishment of plantations at the expense of natural forests.
Upholding Indigenous and Forest Community Rights: Give utmost regard to the rights of indigenous and forest communities.
- Seek their informed consent and take into account their livelihoods and deep connection to forests when making decisions concerning the diversion of forest land.

Additional Information:

Category of Forest:

Reserved Forests: These forests are established by the State Government and can be located on any forest land or wasteland owned by the Government.
Protected Forests: The State Government has the authority to designate any land, excluding reserved forests, as protected forests.
- In protected forests, the Government holds ownership rights and can issue regulations concerning their use.
Village Forests: Under this category, the State Government has the option to transfer the rights of the Government over any land designated as a reserved forest to a village community. .
Degree of Protection:
- Reserved forests > Protected forests > Village forests.

Constitutional Provisions:

Article 48 A: Mandates that the State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country.
Article 51 A (g): It states that it shall be the Fundamental Duty of every citizen to protect and improve the natural environment including forests and Wildlife.

News Source: The Hindu