Context: The Central Government has proposed an amendment to the Forest (Conservation) Act, 1980 in order to liberalise the forest laws.
Proposed Amendments in the FCA, 1980

• The amendment is proposed by the Ministry of Environment, Forests and Climate Change (MoEFCC).
• According to the proposal, the deemed forests listed by state governments up to 1996 will continue to be considered forest land.
• The plantations carried out along roads have been removed from the category of deemed forests.
• It proposes to exempt certain categories of infrastructure project developers from approaching the Centre for permission to use forest land for non-forestry purposes.

The projects include- national security projects, border infrastructure projects, land owned by the Railways or the Road Transport Ministry, acquired before 1980.

• It will also place strict norms for forest conservation by increasing penal provisions for offenses and maintaining “pristine forests” where no non-forestry activity will be allowed under any circumstances.

Background
Forest (Conservation) Act, 1980

• The Forest (Conservation) Act, 1980, came into force to address deforestation.
• The Indian Forest Act 1927 allowed the colonial British administration to control the extraction of timber, and did not aim at preserving forests or addressing deforestation.
• The FCA made it mandatory to get the Centre Government’s permission for using forest land for “non forestry purposes”.
• An advisory committee was created to recommend such re-classification.
• There were two major amendments to the FCA — in 1988 and 1996.

1988 amendment

• The scope of the existing definition of 'non-forest purposes' expanded so as to include cultivation of tea, coffee, spices, rubber, palms, oil-bearing plants, horticultural crops, and medicinal plants.

Godavarman Thirumulpad versus Union of India case, 1996

• Till 1996, the forest land was only ‘the land defined by the Indian Forest Act 1927’.
• In this case, the Supreme Court judgement included all areas which are recorded as ‘forest’ in any government record, irrespective of ownership, recognition and classification.

Significance of the judgement: (1996 amendment)
The constituents of “forest” were widely expanded following the judgment. Now, the “forest” also included

• All areas recorded as “forest” in any government record, irrespective of ownership, recognition and classification
• All areas that conformed to the “dictionary” meaning of “forest”.
• All areas which are identified as “forest” by an expert committee constituted by the Supreme Court following the 1996 order.

This judgment paved the way for

• Calculating the net present value, or economic value of the portion of forest being cut for development work, which was to be paid by project proponents.
• Creation of a compensatory afforestation fund.
• Providing non-forestry land in lieu of the diverted forest.

Need for the move
Remove restrictions in the use of land

• Identification of forest land is subjective and arbitrary to some extent. Considering any private area as forest would restrict the right of an individual to use his/her own land for any non-forestry activity.
• Ex: The Ministries of Railways & Road transport cannot use the land they own without the permission from the MoEFCC. These permissions can take anywhere between 2-4 years, causing delays.

Reduce litigations & re-define ‘forest land’

• Central Government is committed to a principle of increasing forest cover, and this makes it harder to access land for infrastructure projects by States and private entities.
• India’s aim is to have at least 33% of India’s geographical area under forest and tree cover. The forest cover is around 22%, at present.
• With more land coming under the definition of “forest”, it becomes harder for State Governments or private industry to use land that falls under the definition of “forest” for non-forestry purposes. This has given rise to multiple instances of litigation, and questions on the legal definition of “forest”.

Significance

• The amendment would reduce the flow of foreign exchange for import of wood and wood derivatives of around Rs 45,000 crores, by encouraging plantations and afforestation.
• The amendment would remove the earlier impediments & encouraging private landowners to grow more trees.
• India aims to create a carbon sink to lock in 2.5 to 3 billion tonnes of CO2 by 2030. This can be achieved only through planting trees on private land.

By: Shubham Tiwari