Context: Recently, a Parliamentary committee has endorsed the proposed amendments to the Forest (Conservation) Act, 1980 introduced as Forest (Conservation) Amendment Bill, 2023.

• The report was prepared by the 31-member joint committee on Amendment Bill which is going to be tabled in Parliament ahead of the monsoon session.

Background

• A draft copy of the Bill has been in the public domain, for comment, since June 2022.

• The amendments were introduced in the Lok Sabha only on March 2023.

• This has invited opposition from multiple quarters, including some north-eastern States.

• The Lok Sabha moved a motion to refer the Bill to a joint committee, which was seconded by the Rajya Sabha.

About the proposed Amendments

• Dilution’ of the Supreme Court’s 1996 judgment in the Godavarman case that extended protection to wide tracts of forests, even if they were not recorded as forests.

• In geographically sensitive areas within 100 km of the International Borders or the Line of Control, no forest clearance required to construct highways, hydel power projects and so on.

• No Central protection for vast tracts of so-called ‘deemed forest’ (forests not officially recorded as forests) and permitting activities such as tourism, compromising their integrity.

Objections Raised

• The proposal to change the name of the 1980 law from the Forest (Conservation) Act to the Van (Sanrakshan Evam Samvardhan) Adhiniyam, which literally translates to Forest (Conservation and Augmentation) Act, was objected.

• The objections were also on the grounds that it was “non-inclusive” and left out “vast tracks of population both in South India and also in the North-East.

Need for amendment

• ‘Forest cover’, in India, refers to land greater than one hectare in size where the tree canopy density is greater than 10%.

• India’s total forest cover rose to 38,251 sq. km from 2001 to 2021.

• This increase was mainly in terms of open forest cover, where tree canopy density ranges from 10% to 40%.

• Forest cover in regions classified as ‘dense forest’ actually decreased during that period.

• The amendments which encourage plantation cultivation may increase tree cover, but will be unable to stem the loss of dense forests.

Forests Classification in India

• Reserved Forests: Reserve forests are the most restricted forests and are constituted by the State Government on any forest land or wasteland which is the property of the Government.

• In reserved forests, local people are prohibited, unless specifically allowed by a Forest Officer in the course of the settlement.

• Protected Forests: The State Government is empowered to constitute any land other than reserved forests as protected forests over which the Government has proprietary rights and the power to issue rules regarding the use of such forests.

• This power has been used to establish State control over trees, whose timber, fruit or other non-wood products have revenue-raising potential.

• Village forest: Village forests are the one in which the State Government may assign to ‘any village’ community the rights of Government to or over any land which has been constituted a ‘reserved forest’.

• Degree of protection: Reserved forests > Protected forests > Village forests.

Key Features of the Forest (Conservation) Amendment Bill, 2023

Land under the Purview of the Act 

The Bill provides that two types of land will be under the purview of the Act:

• (i) land declared/notified as a forest under the Indian Forest Act, 1927 or under any other law, or

• (ii) land not covered in the first category but notified as a forest on or after October 25, 1980 in a government record.

Exempted Categories of Land 

• The Bill exempts certain types of land from the provisions of the Act, such as forest land along a rail line or a public road maintained by the government.

Assignment/Leasing of Foreign Land 

• Under the Act, a state government requires prior approval of the central government to assign forest land to any entity not owned or controlled by government.

• In the Bill, this condition is extended to all entities, including those owned and controlled by government.

• It also requires that prior approval be subject to terms and conditions prescribed by the central government.

Permitted Activities in Forest Land 

• The Act restricts the de-reservation of forests or use of forest land for non-forest purposes.

• Such restrictions may be lifted with the prior approval of the central government.

• Non-forest purposes include use of land for cultivating horticultural crops or for any purpose other than reafforestation.

• The Act specifies certain activities that will be excluded from non-forest purposes, meaning that restrictions on the use of forest land for non-forest purposes will not apply.

The Bill adds more activities to this list such as 

• (i) zoos and safaris under the Wild Life (Protection) Act, 1972 owned by the government or any authority, in forest areas other than protected areas,

• (ii) ecotourism facilities,

• (iii) silvicultural operations (enhancing forest growth), and

• (iv) any other purpose specified by the central government.

Power to Issue Directions 

• The Bill adds that the central government may issue directions for the implementation of the Act to any authority/organisation under or recognized by the center, state, or union territory (UT).

Positive Takeaway from the Forest Amendment Bill

• Some of the proposed amendments specify where the Act does not apply.

• Other amendments specifically encourage the practice of cultivating plantations on non-forest land that could, over time, increase tree cover, act as a carbon sink, and aid India’s ambition of being ‘net zero’ in terms of emissions by 2070.

• The amendments would also remove the 1980 Act’s restrictions on creating infrastructure that would aid national security and create livelihood opportunities for those living on the periphery of forests.

Criticism of the Forest Amendment Bill

• Objections were raised to various aspects of the Bill, including complaints that the proposed amendments “diluted” the Supreme Court’s 1996 judgement in the Godavarman case.

• In the judgement, the Court extended protection to wide tracts of forests, even if they were not recorded as forests.

• The Environment Ministry refuted this point and argued that provisions in the Bill guarded against such situations.

• The Bill has invited opposition from multiple quarters, including some north-eastern States who objected that vast tracts of forest land would be unilaterally taken away for defence purposes.

Balancing Forest Conservation and Economic Activities

• The 1980 Act was enacted to curb deforestation. Hence, diversion of forest land for non-forest purposes requires the prior approval of the central government. 

• Further, the activities allowed in forests (without such prior approval) are related to the conservation and management of forests and wildlife.

• The Bill adds certain activities to this list such as silvicultural operations, safaris, and eco-tourism facilities.

• The Bill also allows the central government to specify terms and conditions for carrying out certain surveys without its approval.

• These activities may help in economic development, and in the case of prospecting for minerals (which may lead to mining) may even contribute to national priorities such as energy security and industrial growth.

• However, there may be a need to balance economic benefits of such activities with that of conserving forests.

• It is not clear why the requirement of a case-by-case examination by the central government to determine such balance is being replaced by a blanket exemption.