The Forest (Conservation) Amendment Bill 2023 recently passed in the Lok Sabha signifies a milestone in India’s forest conservation journey. The bill brings considerable changes to the existing Forest (Conservation) Act, 1980, fueling discussions on its implications and potential impacts.
Background and Historical Context
Following independence, India had a significant expanse of forest land classified as reserved or protected. However, inconsistencies emerged with some non-forested areas included as ‘forest’ lands while many wooded regions remained unrecognized. In the landmark Godavarman case in 1996, the Supreme Court ruled the Forest Conservation (FC) Act applies to all areas recorded as ‘forest’ or matching the dictionary definition of a forest.
In June 2022, amendments to the Forest Conservation Rules introduced a mechanism permitting developers to grow plantations over land where the FC Act was not applicable. This also facilitated swapping such areas against compensatory afforestation needs.
Key Provisions Introduced by The Amendment
The Amendment Bill 2023 brings several foundational changes to the Forest (Conservation) Act.
Firstly, it extends the Act’s ambit by renaming it as Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980, indicating its expanded scope and potential. While initially applied to notified forest lands, the Act now includes revenue forest land and lands documented as forests in government records.
Specific exemptions proposed aim to promote afforestation outside forests. Among these are provisions for connectivity to habitations and establishments located alongside roads and railways, land for security-related infrastructure, and public utility projects in Left Wing Extremism Affected Districts.
Provisions Promoting Development and Conservation
Among enabling provisions for development, the Bill permits the assignment of forest land on lease to both private entities and Government companies. It also introduces new forestry activities such as infrastructure for frontline forest staff, ecotourism, zoo, and safari, promoting overall forest conservation.
The updated Act aims to ensure these forested areas contribute to India’s international commitments like Net Zero Emission by 2070. In addition, the amendment encourages engagements in zoos, safaris, and ecotourism, creating livelihood opportunities for local communities.
Addressing Concerns Over The Bill
Among the concerns raised over the amendments were objections to the Act’s new Hindi name described as “non-inclusive”. Critics argued it overlooks regional diversity in language, particularly in South India and the North-East.
Furthermore, concerns emerged regarding the potential clearance of forests in ecologically sensitive areas, particularly regarding strategic projects near international borders. Biodiversity and indigenous community rights could be at risk if clearances proceed without thorough assessment and mitigation plans.
The amendment bill’s applicability restriction to areas recorded as forests after October 1980 also raises questions. This could potentially leave significant sections of forest land and biodiversity hotspots unprotected against non-forestry purposes.
The Center-State Balance: A Matter of Debate
State governments have contended that forest conservation falls under the Concurrent List and should involve both the Center and States. There are fears that the proposed amendments may disrupt this equilibrium, affecting the rights and authority of State governments in forest conservation.
Way Forward: A Comprehensive Assessment
A thorough evaluation of the proposed amendments and their likely impacts on forests, biodiversity, and local communities is essential. This should take into account ecological, social, and environmental factors and garner inputs from a wide range of stakeholders. It is crucial to foster an open dialogue with all stakeholders to address their concerns, which will promote transparency, inclusivity, and informed decision-making.
