The Forest Conservation (Amendment) Bill, 2023 is set to be tabled in the Indian Parliament, eliciting widespread controversy and opposition due to its proposed changes to the definition of forests and its potential impact on governance and development matters.
Forest Conservation Laws in India
India has several laws in place to safeguard its precious forests and protect the rights of forest-dwelling communities. The key laws related to forest conservation are as follows:
The Forest Conservation Act 1980: This act was enacted to protect India’s forests and grants the Central government the authority to regulate the extraction of forest resources by industries and forest-dependent communities.
The Forest Rights Act 2006: This legislation safeguards the rights of tribal and forest-dwelling communities who depend on forests for their livelihood, ensuring their sustainable and equitable development.
India’s Forest Policy (1988): The forest policy aims to reserve one-third of the country’s geographical area under forest cover to ensure environmental stability and ecological balance.
Issues in the Forest Conservation Act 1980
The existing Forest Conservation Act 1980 faced certain shortcomings and challenges that necessitated reform. Some of the key issues were:
- Narrow Definition of Forests: The Act only provided protection to areas explicitly designated as ‘forests’ in Central or State government records, leaving many ecologically vital areas outside its purview.
- Expansion of Protection: A Supreme Court judgment in the 1996 Godavarman Thirumulpad case broadened the scope of protected areas. Even regions not officially classified as ‘forests’ but exhibiting characteristics of forests were granted protection.
- Lack of Uniform Definition: As no comprehensive definition of a ‘forest’ existed, the Supreme Court directed States to develop their own criteria for defining and demarcating forests, leading to inconsistencies and disparities in protection across different regions.
- Inadequate Forest Cover: Currently, only about 21% of India’s geographical area is under forest cover, which increases to around 24% if tree cover outside recorded forests, plantations, and orchards is considered.
The Key Changes to the Act
To address the shortcomings and challenges faced by the Forest Conservation Act 1980, the proposed Forest (Conservation) Amendment Bill introduces significant changes. The key amendments are as follows:
- Preamble for Commitment: The amendment bill includes a preamble that underscores India’s dedication to preserving forests, their biodiversity, and combating climate change.
- Renaming of the Act: The title of the Act will be changed to ‘Van (Sanrakshan Evam Samvardhan) Adhiniyam’ (Forest Conservation and Augmentation) from the current ‘Forest (Conservation) Act.’
- Revised Application: The amended Act will apply exclusively to lands notified as ‘forests’ in any government record on or after 1980.
- Exemptions: The amendment bill proposes exemptions for certain situations, including lands legally diverted for non-forest use between 1980 and 1996, forest land situated 100 km away from international borders designated for “strategic projects of national importance,” and lands ranging from 5-10 hectares for security and defense projects.
Implications and Controversies
The Forest Conservation (Amendment) Bill, 2023 has sparked significant controversy among various stakeholders. Some argue that the amendment bill’s revised definition of forests might leave ecologically vital regions vulnerable to exploitation. Critics also express concerns about potential adverse effects on forest-dependent communities and their livelihoods.
However, proponents of the amendment argue that the changes are necessary to bring clarity to the Act’s scope and ensure effective conservation measures. The inclusion of a preamble reaffirms the country’s commitment to forest preservation and biodiversity protection.