Forests play a crucial role in maintaining ecological balance and serving as habitats for numerous species. In India, forests are governed by various laws and jurisdictions, including the Forest Conservation Act of 1980, the 42nd Amendment Act of 1976, fundamental duties, and the Directive Principles of State Policy. However, controversies arose when the Forest (Conservation) Rules 2022 were perceived as threatening the Forest Rights Act of 2006.
Forests and Jurisdictions
Forests in India come under several classifications, such as Reserve, Protected, and Village forests. The former being the most restricted type, with strict access rules. On the other hand, village forests allow access to local communities, but they are also protected for conservation efforts. Reserved forests cover the majority of India’s forest area, followed by protected and village forests.
The governance and protection of these forests fall primarily under the 42nd Amendment Act, 1976, which moved the jurisdiction for forests from the State to Concurrent list. Thus, the responsibility for protecting the environment and safeguarding wildlife now lies both with the states and the central government.
Forest Conservation Act, 1980
The Forest Conservation Act (FCA), established in 1980, stipulates that any activities in forest areas must obtain necessary permissions. Violation of these rules or lack of permit would result in criminal charges. This Act has been instrumental in conserving forest resources and managing them sustainably.
Forest (Conservation) Rules 2022 and Controversies
Recently, the newly introduced Forest (Conservation) Rules 2022 sparked debate regarding its accordance with the Forest Rights Act of 2006. The National Commission for Scheduled Tribes (NCST) expressed concerns over the new rules’ provision to remove the consent clause for diverting forest land for other purposes. The Environment Ministry, however, dismissed these concerns insisting that the two Acts run parallel and are not dependent on each other.
New Provisions Introduced
The new rules have introduced significant changes, such as the formation of various committees, enabling compensatory afforestation, permitting private parties to cultivate plantations, and the contentious removal of the consent requirement from Gram Sabha for land diversion.
Forest Cover in India
As per the India State of Forest Report 2021, the total forest and tree cover in India stands at 21.71% of the country’s geographical area, marking an increase from 2019. The states with the highest forest cover are Madhya Pradesh, Arunachal Pradesh, Chhattisgarh, Odisha, and Maharashtra.
Forest Rights Act, 2006 and Related Initiatives
The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 was enacted to recognize and vest forest rights and occupation of forest land in forest-dwelling Scheduled Tribes and other traditional forest dwellers.
This Act is complemented by various initiatives like the Indian Forest Policy 1952, National Afforestation Programme, and other Acts such as the Wildlife Protection Act of 1972, The Environment Protection Act of 1986, and The Biodiversity Diversity Act of 2002.
Concluding Remarks
The forests’ conservation in India is governed by a gamut of laws and jurisdictions aimed at preserving biodiversity and ensuring sustainable resource use. The recent controversy over the Forest (Conservation) Rules 2022 highlights the need for a balanced approach that considers environmental protection and the rights of local communities.
