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Introduction             

The Forest (Conservation) Amendment Act, 2023, amends the Forest (Conservation) Act, 1980, marking a pivotal shift in India’s environmental policy. The Act, signifying a modern approach to forest management, became effective on December 1st; however, various environmentalists have raised concerns about various provisions of the act.

Body 

Provisions of the recently passed Forest Conservation Amendment Act, 2023

• Preamble Insertion and Name Change: Its scope is broadened with a new preamble, and its name is changed to Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980 translating to Forest (Conservation and Augmentation) Act. It symbolizes a shift towards a more holistic approach to forest conservation and development across India. 
• Scope Expansion: The Act now applies to land declared as a forest under the Indian Forest Act, 1927, or in government records post-1980. Example: Forest areas in newly developed regions, previously not covered, are now under the Act.
• Expanded Applicability: The Act now applies to various lands, including recorded forest lands, private forest lands, and plantations, streamlining its application. Example: Forest areas in newly developed regions like Telangana’s plantation areas are now under the Act.
• Exemptions for National Security: Land within 100 km of India’s border for national security projects, small roadside amenities, and public roads leading to a habitation is exempt. Example: Construction in border areas like Arunachal Pradesh for defence purposes.
• Exclusion of Certain Lands: Land recorded as forest before 1980 but not notified, and land converted to non-forest use before 1996, are excluded. 
• Exemptions for Afforestation and Connectivity: Proposes exemptions to encourage afforestation and provide connectivity, allowing use of up to 0.10 ha of forest land for roads and railways. Example: Small-scale infrastructure development in remote forest areas for better connectivity.
• Assignment to Private Entities: State governments need central approval to assign forest land to any entity, including government-owned. Example: Private projects in forest areas, like mining, require central government approval.
• Inclusion of New Forestry Activities: Infrastructure for frontline forest staff, ecotourism, zoos, and safaris are added as forestry activities. Example: Development of eco-tourism facilities in areas like the Sundarbans for conservation and tourism.
• Empowering Local Communities: The Act encourages activities like zoos, safaris, and ecotourism owned by the government, creating livelihood opportunities and integrating local communities with conservation efforts. 

Various concerns raised by conservationists about Act’s potential impact on ecological balance and indigenous communities: 

• Impact on Ecologically Sensitive Areas: Exemptions for strategic projects near borders may lead to deforestation in sensitive areas like the Himalayas and the Northeast. Example: Potential ecological damage in Arunachal Pradesh’s biodiverse forests.
• Rights of Indigenous Communities: The Act could undermine the rights of indigenous communities living in border areas, affecting their livelihood and culture. Example: Tribes in the Northeast, relying on forest resources, are facing displacement.
• Threat to Biodiversity and Climate: Clearances without proper assessment could harm biodiversity and exacerbate climate-related issues. Example: Increased vulnerability to climate change in the Himalayan region due to deforestation. 
• Objection to Hindi Name: The Act’s new Hindi name, seen as non-inclusive, has raised concerns about alienating non-Hindi speaking populations, especially in South India and the North-East. Example: Diverse linguistic groups in states like Tamil Nadu and Nagaland feel excluded.
• Exclusion of Pre-1980 Forests: Forests recorded before 1980 are not covered, risking the loss of biodiversity hotspots. Example: Ancient forests in the Western Ghats, crucial for biodiversity, were left unprotected.
• Center-State Power Imbalance: The Act could centralize forest conservation decisions, diminishing state authority in forest management. Example: The Central government can issue directives for Act implementation to any authority.
• Potential for Unregulated Development: The Act’s exemptions might lead to unchecked development activities in forest areas. Example: Large-scale infrastructure projects in ecologically fragile zones like the Western Ghats.
• Risk of Over-Exploitation: The Act’s broad exemptions could lead to over-exploitation of forest resources, degrading forest ecosystems. Example: Increased mining activities in Chhattisgarh’s dense forests, leading to habitat loss.
• Zoos in Forests: The Act allows zoos inside forests without clear justification. Example: Potential development of zoos in forest areas, impacting natural habitats.

Way ahead in this regard:

• Inclusive Language Policy: Adopt a multilingual approach for the Act’s name and documentation, ensuring inclusivity for all linguistic groups across India. Eg: Use technology for real-time translation to cater to diverse linguistic needs.
• Balanced Center-State Collaboration: Establish a joint forest management framework that respects the concurrent list, ensuring both central and state governments have equitable roles. Eg: Use blockchain for transparent and accountable decision-making processes.
• Wildlife Corridor Conservation: Prioritize the conservation of wildlife corridors in development plans, using ecological studies to guide decisions. Eg: Use drone technology for monitoring and maintaining wildlife corridors.
• Eco-Sensitive Zone Mapping: Use advanced GIS and remote sensing technologies to identify and protect ecologically sensitive areas. Example: Learn from the satellite monitoring of the Western Ghats to prevent illegal deforestation.
• Forest Resource Utilization Policy: Formulate policies for sustainable utilization of forest resources, ensuring minimal ecological impact. Eg: Develop a forest resource management system using Internet of Things (IoT) for real-time resource tracking.
• Strengthening Indigenous Rights: Legally recognize indigenous knowledge in forest management, similar to the successful models in the Amazon rainforest. Example: Incorporate traditional practices of the Bishnoi community in Rajasthan into national policies.
• Community-Based Forest Management: Empower local communities through participatory models. Example: Encouraging Joint Forest Management (JFM) initiative in India, involving local communities in forest care.
• Sustainable Development Guidelines: Enforce strict guidelines for sustainable development, balancing ecological needs with growth. Example: Leverage LEED (Leadership in Energy and Environmental Design) certification standards for sustainable infrastructure development.

Conclusion 

Though the Forest (Conservation) Amendment Act, 2023, brings forward-looking changes, addressing the concerns of conservationists and indigenous communities is crucial. With effective implementation and continuous refinement, it has the potential to ensure a harmonious coexistence between human progress and nature’s preservation.