The Forest (Conservation) Amendment Bill, 2023 has been introduced in the Lok Sabha by the Indian government. The intent of the proposed changes is to increase forest carbon stock by raising plantations and making land available for compensatory afforestation. This represents a significant change in the policy related to forests and its implications need to be understood in detail.
Background of Forest (Conservation) Act, 1980
Post-Independence, several forest lands were designated as reserved and protected forests. Nevertheless, many forested areas did not receive this status, and non-forested lands were surprisingly included under ‘forest’ lands. A landmark ruling in 1996 by the Supreme Court saw the suspension of tree felling across the nation and the application of the Forest (Conservation) Act to all lands recorded as ‘forest’ or resembling a forest’s definition. In 2022, the Forest Conservation Rules were amended to propose a mechanism allowing developers to raise plantations over land where the Act did not apply.
Proposed Changes in Forest (Conservation) Act, 1980
Several proposed amendments include inserting a preamble acknowledging India’s tradition of preserving forests and addressing climate change. It seeks to tighten restrictions on de-reservation of forest land or using it for non-forest purposes. Additionally, the Bill seeks to expand the list of restricted activities to include government-owned zoos and safaris, eco-tourism facilities, silvicultural operations, and other central government specified purposes.
Type of Land under the Purview of the Act
Two types of land will come under the Act: land declared/notified as a forest under the Indian Forest Act, 1927, or any other law, and land notified as a forest on or after October 25, 1980, in a government record. However, the Act won’t apply to land shifted from forest to non-forest use before December 12, 1996.
Central Government’s Power and Exemption Provisions
The new Bill empowers the central government to issue execution directives to any authority/organization under or recognized by the centre, state, or union territory. It exempts all strategic linear projects of national importance, security-related infrastructure up to 10 hectares, and additional activities like silvicultural operations, construction of zoos and wildlife safaris, eco-tourism facilities.
Controversies surrounding the Amendment
With the proposed changes, forest lands not falling in the reserved area but listed in government records before 1980 will be exempted, conflicting with the Supreme Court’s verdict in 1996. Critics express concern regarding ambiguous terms such as ‘proposed,’ ‘ecotourism facilities,’ that can potentially lead to misuse for activities detrimental to forests and ecosystems. They also contend that plantations pose a significant threat to Indian forests by replacing natural ecosystems, worsening soil quality, and threatening native biodiversity.
UPSC Civil Services Examination Relevance
A previous year question in UPSC Civil Services Exam focused on the amendment to the Indian Forest Act, 1927, and the rights of forest dwellers. The correct answer affirmed that bamboo is a minor forest produce according to the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. This Act allows ownership of minor forest produce to forest dwellers.
