Rationalising Penal Provisions under Van Adhiniyam 1980

Van Adhiniyam

Van Adhiniyam 1980 Latest News

  • The Union Environment Ministry’s Forest Advisory Committee (FAC)—the body responsible for evaluating proposals for diversion of forest land—has given certain recommendations.
  • The FAC has recommended uniformity and rationalisation in the penal provisions applied under the Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980 (formerly Forest Conservation Act, 1980).
  • This step aims to ensure consistency, fairness, and proportionality in penal actions related to forest land violations.

Understanding the Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980

  • The Act mandates prior approval of the Central Government before using forest land for non-forest purposes, including -
    • De-reservation of forests
    • Non-forest use or leasing of forest land
    • Clear felling of trees
  • Violation occurs when these activities are undertaken without prior approval.

Penal Compensatory Afforestation (CA) - Concept and Evolution

  • Definition:
    • Penal CA involves restoration or afforestation activities ordered in addition to the legally mandated CA for non-forestry uses such as infrastructure or industrial projects.
    • It acts as a punitive restoration measure to offset ecological loss due to unauthorized forest land use.
  • Earlier practice:
    • Penal CA was earlier imposed equivalent to twice the violated forest area, especially when no other monetary penalties existed.
    • However, after the introduction of monetary penalties and penal Net Present Value (NPV) guidelines, the practice became inconsistent and case-specific.

Introduction of Penal Net Present Value (NPV)

  • Concept:
    • NPV quantifies the economic worth of environmental services provided by forest ecosystems.
    • Under the Van Adhiniyam Rules 2023, penal NPV (up to five times the standard NPV) can be levied for violations.
    • This system emerged from Supreme Court directions (2017) that aimed to strengthen environmental accountability.
  • Need for rationalisation:
    • The FAC noted overlapping provisions of penal CA and penal NPV, leading to inconsistent enforcement.
    • It therefore recommended rationalising both measures to ensure uniformity and proportionality across cases.

FAC Recommendations

  • Uniform penal structure:
    • Charge penal compensatory afforestation equivalent to the violated forest land area (1:1 ratio).
    • Ensure alignment between penal CA and penal NPV mechanisms.
  • Detailed violation reporting: States must submit detailed reports to the regional offices or ministry headquarters, including the nature of violation, officials responsible for approval or negligence, and action taken under the Act.
  • Committee formation: A dedicated committee of regional officers and FAC members was constituted to - 
    • Examine past violations
    • Recommend uniform penalty structures
    • Submit a consolidated report
  • Integration with 2023 Amendments: The recommendations are in sync with the Forest (Conservation) Amendment Act, 2023, which introduced streamlined and consolidated guidelines for forest diversion and penal actions.

Way Forward

  • Codify uniform penalty guidelines to eliminate ambiguity and ensure proportional punishment.
  • Integrate digital monitoring and reporting systems to track forest land violations in real time.
  • Enhance inter-agency coordination between the FAC, regional offices, and state forest departments.
  • Capacity building of enforcement officials to ensure accurate assessment of violations and penalty computation.

Conclusion

  • The FAC’s recommendations signify a shift towards transparent, consistent, and scientifically grounded enforcement under the Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980.
  • By rationalising penal compensatory afforestation and NPV provisions, India seeks to balance developmental needs with ecological integrity, ensuring that forest conservation remains central to environmental governance.

Source: IE

Van Adhiniyam 1980 FAQs

Q1: What is the Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980?

Ans: The Act regulates diversion of forest land for non-forest use and is violated when activities like clear felling occur without prior Central Government approval.

Q2: What is penal Compensatory Afforestation (CA)?

Ans: Penal CA refers to additional restoration or afforestation measures imposed over and above standard compensatory afforestation to offset ecological loss from unauthorized forest land use.

Q3: What is Penal Net Present Value (NPV)?

Ans: Penal NPV quantifies the environmental value of forests and allows levying up to five times standard NPV for violations.

Q4: Why did the Forest Advisory Committee (FAC) recommend rationalisation of penal provisions?

Ans: To ensure uniformity, proportionality, and consistency between penal CA and penal NPV.

Q5: What are the key recommendations of the FAC to strengthen enforcement under the Forest Conservation framework?

Ans: Uniform penal structure (1:1 penal CA), detailed violation reporting by states, committee-led review, and integration of recommendations with the 2023 amendment.

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