THE FOREST CONSERVATION (AMENDMENT) BILL, 2023

Introduction:

Forests are the main source of natural resources; it signifies the wealth of the country and the health of its people. Forests being hundreds of years old, carry traditions and value of their own. The importance of forests to tribal communities is axiomatic.  For any country, the tree cover is sufficient if it extends to at least one-third of its land area. This provides with more oxygen and better chance  to address the issues of climate change and global warming.

In lieu of this, the Forest Conservation Act, 1980 was passed. It was enacted for the conservation of forests and for matters connected therewith or ancillary or incidental thereto. However, in a rather landmark judgment of T.N. Godavarman Thirumulpad vs. Union of India and others[1] on 12^th December, 1996., the scope of the Act was applied to notified forest lands and not to revenue forest areas, and non-forestry use in the revenue forest areas was allowed through permissions granted by the Government and various authorities. Therefore, the applicability increased to recorded  forests, private forest lands, plantations, etc.  Thus, it was considered necessary to redefine the scope of the Act.

Forest Conservation (Amendment) Bill, 2023

The Forest Conservation (Amendment) Bill, herein after referred to as “The Bill”, was introduced by the Union Minister for Environment, Forest and Climate Change, Mr. Bhupender Yadav on 26^th July, 2023 after deliberations and discussion, the Bill was passed in Lok Sabha on the very day itself. The said Bill shall amend the Forest Conservation Act, 1980. It also sought to rename the Forest Conservation Act, 1980 as the Van (Sanrakshan Evam Samvardhan) Adhiniyam. The Bill was passed so as to, firstly restrict the  meaning of the word “forest” as mentioned in the 1980 Act. The Bill provides for inclusion forest and acknowledged forests as notified  by the Govt., not “any forest.” Secondly, it seeks to achieve Net Emission Zero by 2070 and extending green cover of the country to one-third of its land area, creating additional carbon sink of 2.5 to 3.0 billion tons of CO₂ equivalent.

Objectives Of The Bill

1. To face the new challenges such as climate change issues.
2. Achieving the national target of Net Emission Zero by 2070
3. To increase green cover in our country to one-third of its land area for creation of carbon sink of additional 2.5 to 3.0 billion tons of CO₂ equivalent by 2030, so as to achieve sustainable development.
4. To also increase forest-based benefits and thereby betterment of people dependent on forest resources for their survival.
5. The act however, does not restrict economic development in anyway; it provides exemption to strategically important areas.

 Key Provisions of the Bill

1. Addition to the Preamble

The Bill provides to add to the preamble of the 1980 Act. The Bill provides to include new goals of Net Emissions Zero by 2070; Nationality Determined Contribution targets of the country envisage creating carbon sink of additional 2.5 to 3.0 billion tons of CO₂ equivalent by 2030 and to increase the forest and tree cover to one-third of India’s land area. This also provides to carry on the tradition of preserving forests and bio-diversity and to improve the livelihoods of the forest-dependent people. Further, it provides for conservation, management and restoration of forests.

2. Renaming the 1980 Act

The Bill seeks to rename the Forest Conservation Act, 1980 as Van (Sanrakshan Evam Samvardhan) Adhiniyam.

This step however, has been debated for it is not in accordance with the non-Hindi speaking states as they would find it difficult to say this name. The states in question are the South- Indian and North-eastern States. This name has been opposed by them.

3. New Section 1A – What shall be covered by the Act

This new section clearly lays down as to what shall be covered by this Act. It is a step taken to reduce the previously existing ambiguities and also to restrict the meaning of the term “forest” as used in the Act.

It provides that land  declared or notified as forests under the Indian Forest Act, 1927 or any such law and the land that has been recorded as forest in Government record after 25^th October, 1980. The Act does not apply to land which has been changed from forest use to non-forest use on or before 12^th Dec, 1996 in pursuance of any order issue by the Govt.

What shall not be covered by the Act?

The Sec. 1(2) outlines as to what shall NOT be covered under this Act. It mentions

1. Land situated around railway line; public road maintained by the government up to 0.10 ha. This means that land within 0.10 ha of any railway line, public road cannot be controlled under the provisions of this Act. This has been included so as to keep the economic development going on.
2. Such land that has not been included in the previous sections thereof.
3. Land which is in and around strategically important military regions. This includes land up to 100 hectares from international borders or places of importance concerning national security; up to 10 hectares of any security infrastructure; 5 hectares from places of a camp for paramilitary forces or public utility projects, as may be specified by the Central Government.

This part, provides for security and development of the country. Wherever, the forest exists in the mentioned boundaries, it shall not be regulated by this Act. From defence point of view, this has to be appreciated for allowing some freedom to the army in areas of strategic importance. Forest conservation at the cost of national security would not seem like a good option otherwise.

However, the said freedom is not absolute under the new sec. 1(3) the Central Government shall have the right to specify conditions of felling of trees as well as compensation for the same.

4. Amendment to Sec. 2 – Restriction on the dereservation of forests or use of forest land for non-forest purpose

As per the Sec. 2 of the 1980 Act, the State Governments and Union Territory had to pass orders regarding non-forest use, dereservation of reserved forests, agreements leasing forests and so on,  only with the permission of the Central Government.

What constitutes forest use?

In the explanation to what does not constitute forest use, there had been a separate paragraph outlining what constitutes forest use. This includes:

• silvicultural operations including regeneration operations;
• establishment of check-posts and infrastructure for the front-line forest staff;
• establishment and maintenance of fire lines;
• wireless communications;
• construction of fencing, boundary marks or pillars, bridges and culverts, check dams, waterholes, trenches and pipelines;
• establishment of zoo and safaris referred to in the Wild Life (Protection) Act, 1972, owned by the Government or any authority, in forest areas other than protected areas;
• eco-tourism facilities included in the Forest Working Plan or Wildlife Management Plan or Tiger Conservation Plan or Working Scheme of that area; and
• any other like purposes, which the Central Government may, by order, specify

In the amendment Bill, new exceptions have been made such as silvicultural operations that protect the quality of timber.  Establishment of zoo and safaris and provision for ecotourism facilities is an interesting way to not only encourage forest and wildlife conservation, but also a good opportunity so as to allow people to benefit from the same. The autonomy given to State and Union Territories can help increase the exchequer to the respective government and also to take effective steps in conservation of forests.

Investigation, prospecting, exploration including seismic surveys shall not be treated as non-forest use.

5. Insertion of new Sec.3C – Power of Central Government to issue directions.

As the heading suggests, the Bill provides for insertion of a new Sec. 3C, so as to empower the Central Government to issue directions to any State or UT in order to implement the provisions of this Act.

OPPOSITIONS

The reasons for which opposition has been made to this Bill are as follows:

1. Hindi name for the Act

The amending Bill provides to rename the Forest (conservation) Act as Van (Sanrakshan evam Samvardhan) Adhiniyam. This was opposed by non-Hindi speaking states of South-India and Nort-east India. According to them, renaming this Act in Hindi would pose difficulty to say it to non-Hindi speakers and also impose Hindi on them. It is also criticised for being non-inclusive.

2. Affect the Rights of the Tribals

The Bill provides for exemption for strategically important areas such as that near International Borders. Tribal Communities living in those areas shall lose complete control of their land. They shall then become subjected to the rules that are applicable in  those areas.

3. May have adverse effects

The Bill provides for exemption for international borders. The North of India is protected by the Himalayan mountain range. Clearance of Himalayan Region as it is strategically important area will have an adverse effect on climate change and global warming.

4. Schedule 7 of the Constitution of India

Subject of forest conservation is a subject under entry 17A of the Concurrent list. When it is a matter in which both Central and State Governments can enact laws, giving extra power to Central government would disturb the autonomy of the State.

5. The exemption limit is not apt for some states.

The exemption limit of up to 100 ha of international borders may not be apt for some states that are excessively small. Nagaland is a small state and is in the border areas. Considering its total land area, a limit of 100 ha seems a lot. They have claimed for  a lesser limit. However, Arunachal Pradesh has claimed for an exemption of up to 150 ha.

CONCLUSION

The Bill has been passed in Lok Sabha and has been published on 4^th August, 2023 in the Official Gazette as the Forest Conservation (Amendment) Act, 2023. The changes mentioned herein have been included in the  Amending Act. Although there have been cons to this, there are many more advantages such as combating climate change, achieve good and favourable tree cover, reducing emissions, improving livelihood of the forest-dependent people and earning money through safaris and ecotourism facilities.

REFERENCES

1. Forest Conservation Act, 1980 https://www.indiacode.nic.in/bitstream/123456789/1760/1/forestAA1980.pdf

2.Official Gazette – Forest Conservation (Amendment) Act, 2023 https://egazette.gov.in/WriteReadData/2023/247866.pdf

3. Lok Sabha passes the Forest (Conservation) Amendment Bill 2023, https://pib.gov.in/PressReleaseIframePage.aspx?PRID=1942953
4. EXPLAINER: What is the Forest (Conservation) Amendment Bill, 2023 and why it matters
   https://energy.economictimes.indiatimes.com/news/renewable/explainer-what-is-the-forest-conservation-amendment-bill-2023-and-why-it-matters/102238129
5. Forest Conservation Amendment Bill 2023, https://www.drishtiias.com/daily-updates/daily-news-analysis/forest-conservation-amendment-bill-2023-1

[1] Godavarman Thirumulkpad v. Union of India & Ors.,(1997) 2 SCC 26