The Union Ministry of Environment, Forests and Climate Change (MoEFCC) has recently pitched an amendment to the Forest (Conservation) Act, 1980, aiming to revise forest governance in India. The key points of this proposal revolve around a push to relax forest laws to facilitate private plantations for harvesting and the exploration or extraction of oil and natural gas deep beneath forest land via drilling holes from outside the designated forest areas.
Understanding the Basics: Definition of Forest
This proposed amendment calls for a clarification on the definition of forests, a term which was defined by the Supreme Court in the TN Godavarman Thirumulpad versus Union of India and Others case in 1996. The court then defined ‘forest’ as all areas recorded as ‘forest’ in any government record, regardless of ownership, recognition, and classification.
The Case for Amendment: Why the Change?
Forest areas on privately owned lands have long been subjected to some degree of arbitrariness, leading to resentment and resistance from private owners. Any area classified as a forest restricts the individual’s rights to use their land for non-forestry activities, often resulting in bare private lands with untapped potential for vegetation.
Moreover, there has been a significant shift in the ecological, social, and environmental landscapes in the country over the past few years. The current needs for accelerated integration of conservation and development necessitate an amendment to the Act.
To meet India’s Nationally Determined Contribution (NDC), extensive plantations are required in all potential lands outside government-controlled forests.
Highlights of the Proposed Amendment
The proposal puts forth several key changes. Firstly, it suggests clarifying the definition of ‘forests’. It states that deemed forests listed by state governments up to 1996 will continue to be considered forest land, while lands acquired by the Railways and road ministries before 1980, which later saw the growth of forests, will not be recognised as forests.
Secondly, it advocates for the exclusion of forest lands meant for strategic and security projects of national importance from obtaining prior approval from the Central government. This move would empower states to sanction the diversion of forest land for such projects, ensuring timely completion.
Thirdly, to facilitate oil and natural gas extraction deep beneath the forest land, the proposal recommends employing Extended Reach Drilling (ERD) from outside the forest areas, a technique lauded for its environmental friendliness.
Finally, the proposal seeks to ease the grievances of individuals owning land classified as forests by allowing them to construct structures for legitimate purposes, including forest protection measures and residential units up to an area of 250 sq mtr as a one-time relaxation.
The Current State of Forests in India
According to India State of Forest Report, 2019, the total forest and tree cover stands at 24.56% of the country’s geographical area. Top five states with the most forested areas include Madhya Pradesh, Arunachal Pradesh, Chhattisgarh, Odisha, and Maharashtra.
The National Forest Policy of India, 1988 envisions a target of achieving 33% of the country’s geographical area under forest and tree cover.
Constitutional Provisions Relating to Forest Conservation
Through the 42nd Amendment Act, 1976, the responsibility of Forests and Protection of Wild Animals and Birds was transferred from State to Concurrent List. Article 51 A (g) of the Constitution categorically states that every citizen shall protect and improve the natural environment, including forests and wildlife. Similarly, Article 48 A mandates the State to protect and improve the environment and safeguard the country’s forests and wildlife.
