Introduction
The Forest (Conservation) Amendment Bill 2023 was introduced in the Lok Sabha on March 29, 2023. It faced widespread protest from environmentalists and activists and was referred to a Joint Parliamentary Committee (JPC) on March 29, 2023. The committee report came on July 20, 2023. Thereafter, it was passed in the Lok Sabha on July 26 and then in the Rajya Sabha on August 02, 2023. Finally, it received the presidential assent on August 04 and became an Act. The Act focuses on minimising the conservation scope of the Forest (Conservation) Act, 1980 to some particular forest lands only. To everyone’s amazement, this move has come when India is already grappling with the issue of climate change.
The Need for Implementing the Act
The Government of India follows the Forest (Conservation) Act, 1980 in order to preserve the forested areas in the country. The Act was applicable to various types of lands in a varied manner. In the beginning, it was applied to the recorded forests only. But later, it became applicable to all the areas that seemed like forests as per the dictionary meaning along with recorded forests as mentioned in government records. Gradually, most of these areas were used for non-forestry purposes, which included residential areas, institutions, bridges, etc., with the permission of the authorised persons. Consequently, the provisions stated in the Act started being interpreted differently when they were applied to recorded forest lands, plantations, private forest lands, etc. Apart from this, projects of national importance need to be developed, particularly along the border regions. Further, dealing with the issue of climate change, attaining net zero emission by 2070, and maintenance of forest carbon stock along with others needed to be included in the ambit of the Act. So, the Forest (Conservation) Amendment Act, 2023 was passed.
Provisions of the Act
- The Act comprises the following provisions:lAs per this Act, the Forest (Conservation) Act, 1980 is applied to only two specific types of land. The first type of land includes the land declared as ‘forest’ according to the Indian Forest Act, 1927 or any other Constitutional law. The second type of land includes the land recorded as ‘forest’ in government records on or after the implementation of the Forest (Conservation) Act, 1980.
- The Act states that the forest lands changed into non-forest purposes under the authorisation of any state or union territories prior to 1996 will be outside the purview of the Forest (Conservation) Act. Other lands exempted from this Act are given below:
- The lands lying within 100 km of India’s international borders, such as Line of Actual Control (LAC) and Line of Control (LoC), so that strategic linear projects of national importance and other national security projects could be constructed here
- The lands, extending up to 10 hectares, that are meant to be used for the construction of the infrastructure designed for security purposes
- The lands, extending up to five hectares in a left-wing extremism affected area, that are proposed to be used for the purpose of the construction of projects related to defence, public utility projects, camps for paramilitary forces, etc.
- The forest area, extending up to 0.10 hectares, that lies along all public roads/rail lines that lead to a settlement, and small rail or roadside facilities
- Both private and government entities can receive any forest land from the state government only if such government takes prior permission from the central government. Besides, the concerned state government should comply with the terms and conditions of the central government.
- Certain non-forest activities can be performed in forests, barring protected areas, after taking permission from the central government. These activities may include setting up fences, bridges, wireless communication, and check posts for the purposes of the development of forest and wildlife, their conservation, and their management. The Act also allows the setting up and maintaining zoos under the Wildlife Protection Act, 1972, eco-tourism activities, silviculture operations and safaris along with cultivating horticultural crops.
- Necessary directions may be issued by the central government to any entity, recognised by the Centre, state or union territory, for the execution of the Act.
Silviculture operations refer to the activities meant for the development and care of forests.
Major Concerns and Analysis
Though the Bill had been submitted to a JPC, headed by MP Rajendra Agrawal, the Committee seems to have overlooked some of the concerns related to the Act. They are as follows:
- The Forest (Conservation) Act, 1980 had been implemented to conserve forests. Now, this Act amends the 1980 Act. As per the 2023 Act, there are two types of lands that are excluded from the purview of the Act—the land that is recorded as a forest in the government records prior to the implementation of the Act of 1980 and the land that was converted from forest purposes to non-forest purposes prior to 1996. This provision may oppose the remarkable judgment of the Supreme Court (SC) given in 1996. The SC had ruled that the Act aimed to curb deforestation, and thus, it must be applicable to all forests regardless of their ownership or classification. Here, the term ‘forests’ implies its dictionary meaning. So, the forests excluded under the Act will not have any restrictions ‘whatsoever’ to preserve them.
The SC also stated that all non-forest activities going on in the forests must be banned if they are not approved by the central government, as these activities violate the 1980 Act. But the exemption of the land used for non-forest purposes before 1996 mentioned in the 2023 Act would oppose the SC verdict. As a result, people can carry out non-forest activities on land without getting the approval of the central government.
- This Act also excludes the forests within 100 km of the international borders of the country. This would mean that these forests would not be protected under the Forest (Conservation) Act, 1980, and the state government may use this land for constructing strategic linear projects of national importance and other national security-related projects without any approval of the central government. The state government would have the complete control over this land, which was once a protected forest, to build infrastructure, including rails, roads, pipelines, etc. Several states fall within a distance of 100 km of the borders, such as Mizoram, Nagaland, Tripura, Meghalaya, and Sikkim. Similarly, forests of J&K, Uttarakhand, and Himachal Pradesh would also fall under this limit. Consequently, the wildlife and natural vegetation of these regions would be severely affected.
Though the Act promotes compensatory afforestation to cover this loss of forested areas, it could not compensate the loss of biodiversity that would occur due to the destruction of forest habitats owing to linear projects. Around ten hectares of habitat will be impacted with the construction of each kilometre of road.
- This Act gives a new definition of a ‘forest’ as per Indian law. Only two types of lands are considered ‘forests’. This contradicts the provision of the 1980 Act which states that it is applicable to any forest land. Earlier, the states were asked by the SC to notify their own deemed forests. But even after more than three decades, the states have not yet fulfilled this requirement.
Now, all the lands that are not considered ‘forests’ are available for commercial purposes. Besides, this Act removes all kinds of obligations required for forest clearance and the requirement of any consent from the local communities regarding the same. Due to this provision of the Act, the regions that will be affected significantly include 40 per cent of the Aravalli Range and 95 per cent of the Niyamgiri Hill Range, mainly inhabited by particularly vulnerable tribal groups (PVTGs).
- The Act permits several non-forest activities in the forests, such as running zoos, eco-tourism activities, reconnaissance surveys, etc. Consequently, the forests land and wildlife might face adverse effects.
- Now, the diversion of forests in some situations does not need the compulsory approval of the central government. That is, the state governments/UT administration can make all the decisions related to the diversion of forest land. Further, the Act asserts that strategic and security-related projects need to be accelerated, and hence the exemption. But there are several other reasons that they are delayed. So, a blanket exemption for such projects might be inappropriate, considering the irreparable adverse effects they might have on forest land and wildlife.
- Various non-forest activities have been included in this Act, such as setting up of eco-tourism facilities, safaris, along with prospecting seismic surveys, investigation, etc. For performing these activities, the central government can only state its terms and conditions without the need to give its approval. Despite enabling economic development, these activities must strike a balance with the aim of conserving forests.
- According to the Act, the establishment of zoos also does not require any prior approval from the central government. The reason behind allowing a zoo inside a forest is ambiguous. The SC has recently has expressed its discontent with respect to building a zoo inside national parks or forests, as national parks are meant for providing natural habitat to animals and not an artificial environment.
Conclusion
Given these concerns, the central government should prioritise the completion of the demarcation process for unrecorded forests so that they are properly recognised and safeguarded. As for development projects, there should be a balance between development projects and forest conservation. Therefore, compensatory afforestation should be on non-forest land instead of promoting plantation over natural forests. Similarly, the rights of forest-dwelling communities such as PVTGs should be respected because their livelihoods entirely depend on forests.
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