Forest (Conservation) Amendment Bill, 2023

What’s in today’s article?

• Why in News?
• Context
• Key Features of the Forest (Conservation) Amendment Bill, 2023
• Positive Takeaway from the Forest Amendment Bill
• Criticism of the Forest Amendment Bill
• Balancing Forest Conservation and Economic Activities

Why in News?

• A Parliamentary committee, set up to examine proposed amendments to the Forest (Conservation) Act, 1980, has endorsed the amendment Bill in its entirety.

Context

• The Indian Forest Act, 1927 was framed with the objective of managing timber and other forest resources.
• It provides for state governments to notify any forest land they own as reserved or protected forests. 
  • All land rights in such land are subject to the provisions of the Act. 
• The Forest (Conservation) Act, 1980, was enacted to prevent large-scale deforestation.
• It requires the central government’s approval for any diversion of forest land for non-forest purposes.
• The Standing Committee on Science and Technology, Environment and Forests (2019) noted that pressure on forest land has increased due to several reasons such as industry demands, agriculture, and demand for forest produce.
• The 1980 Act specifies certain restrictions on diverting forest land for non-forest purposes.
• The Forest (Conservation) Amendment Bill modifies the criteria for including and excluding forest land from the purview of the Act.

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).

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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.

Q1) What is the definition of Forest Cover?

Forest cover refers to forested areas of more than one hectare and a tree canopy density (fraction covered by the crowns of trees) of more than 10%. This definition included plantations and orchards as well, even though they are not ‘forests.’

Q2) What is the role of the Forest Survey of India?

Forest Survey of India (FSI), is a premier national organization under the union Ministry of Environment and Forests, responsible for assessment and monitoring of the forest resources of the country regularly.

Source: Objections overruled, Forest Bill goes to House unchanged | PRS