Overview of the Forest (Conservation) Amendment Bill, 2023

Shalin Verma

20 Sep, 2023

On August 2, the Indian Parliament passed the Forest (Conservation) Amendment Bill,2023, in a bid to further India’s commitment to sustainable and inclusive development in the country. These amendments now form a crucial part of the Forest (Conservation) Act, 1980, the principle law that regulates the diversion of forest land for non-forest purposes with a vision to ensure that tribal people have access to basic amenities that enhance their ease of living. Forest protection laws in India influence the environmental clearance process by requiring project proponents to obtain approval for the diversion of forest land and by mandating compensatory afforestation measures to mitigate the environmental impact of such diversions.

The Forest (Conservation) Act of 1980 has been an essential central statute for the conservation of forests in the country. Under this law, any project that requires the use of forest land must obtain prior approval from the central government. It provides that the de-reservation of reserved forests, use of forest land for non-forest purposes, assigning forest land by way of lease or otherwise to a private entity and clearing of naturally grown trees for the purpose of reforestation requires prior permission of the Central Government.

The applicability of the Act in various types of lands has been dynamic, i.e. initially, provisions of the Act were being applied to the notified forest land only. Subsequently, After the Judgement dated 12.12.1996, the Act was made applicable to revenue forest land or in lands which were recorded as forest in government records^[1] and to areas which look like forest in their dictionary meaning. Many of such lands were already put to non-forestry use, such as habitations, institutions, roads, etc., with the required approval of the competent authority. This situation resulted in different interpretations of the provisions of the Act with respect to their applicability, especially in recorded forest lands, private forest lands, plantations, etc. 

Significance of the Forest Conservation Rules in India

The Forest (Conservation) Act (FCA) was enacted on October 25 1980. It aimed to regulate the use of forestland for various other non-forest purposes. The Act stipulated that the de-reservation of reserved forests, use of forest land for non-forest purposes, assigning forest land by way of lease or otherwise to private entities and clearing of naturally grown trees for reforestation requires prior permission of the Union government.

A paradigm shift in the applicability of the FCA was observed after the Supreme Court’s orders in the Godavarman case (1996). The SC clarified that the Act would apply not only to notified forest land — forest lands recorded in government records — but also to areas resembling forests as per dictionary meaning. Each state government had to constitute an expert committee to identify such lands, plantations and private forests. After the order, the Act was made applicable to revenue forest land or in lands which were recorded as forest in government records and to areas which resembled forests as per their dictionary meaning. Many such lands were already put to non-forestry use with the required approval of the competent authority. This resulted in different interpretations of the FCA’s provisions, especially in recorded forest lands, private forest lands and plantations. Developmental work could not be undertaken in government-recorded forestlands that were put to non-forestry use after state sanction. India’s total forest cover is 7,13,789 sq. km 21.71 per cent of the country’s geographical area. The country’s forest cover has increased by 1,540 sq km, and the tree cover has increased by 721 sq. km compared to the assessment in 2019.

Major Changes introduced by the Forest (Conservation) Amendment Bill, 2023

• The Forest (Conservation) Amendment includes changing the name of the Act to Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980 to ensure that the potential of its provisions is reflected in its name, clarifying the scope of applicability of the Act in various lands to eliminate ambiguities.
• The Bill amends the Forest (Conservation) Act 1980 to make it applicable to certain types of land.   These include land notified as a forest under the Indian Forest Act of 1927 or in government records after the 1980 Act came into effect. The Act will not be applicable for land converted to non-forest use before December 12, 1996.
• It also exempts certain types of land from the purview of the Act. These include land within 100 km of India’s border needed for national security projects, small roadside amenities, and public roads leading to a habitation.
• The state government requires prior approval of the central government to assign any forest land to a private entity. The Bill extends this to all entities and allows the assignment to be made on terms and conditions specified by the central government.
• The Act specifies some activities that can be carried out in forests, such as establishing checkposts, fencing, and bridges. The Bill also allows the running of zoos, safaris and eco-tourism facilities, with some restrictions.

Role of the Forest (Conservation) Amendment, 2023

The Forest (Conservation) Amendment addresses the abovementioned concerns in the following manner.

• The Bill exempted an area up to 0.10 ha in forests to provide access to the public for habitation and road/rail-side amenities. This small exemption will pave the way for tribal children,  to get access to education. It will allow pregnant women and elderly people to access hospitals. It will weaken the hold of extremism as forest dwellers will join the developmental mainstream.

• The understanding earlier was that border areas should be left undeveloped so that the advancing enemy would find it difficult to make inroads. But warfare has undergone a paradigm shift, and border areas need to be developed to ensure swift deployment of forces. India stands committed to extending to her soldiers, guarding the country in sub-zero temperatures, the road infrastructure needed for the transportation of weapons, protective gear and ration. The exemption is only for forest areas in border areas. Since most of India’s forest areas are landlocked, they are protected completely. There are checks and balances for all exemptions.

• Elimination of ambiguities will facilitate decision-making on proposals involving non-forestry use of forestland by the authorities. For want of enabling provisions in the Act, it is difficult to create basic forest infrastructure. This affects forestry operations, regeneration activities, monitoring and supervision and prevention of forest fires. These provisions will pave the way for better management of forests and add to the efforts towards mitigating the impact of climate change and the conservation of forests.

• Activities like the establishment of zoos and safaris, as well as eco-tourism, can now be developed as per the approved Working Plan, Wildlife Management Plan or the Tiger Conservation Plan. Such developmental activity can be taken up in the forest areas besides sensitising and generating awareness about the importance of protecting and conserving forest land and wildlife. This will add to the generation of livelihood sources of local communities, providing them with opportunities to connect with the mainstream of development.

Conclusion

When applying for environmental clearance, project proponents must comply with various environmental laws, including forest protection laws. If a project requires the diversion of forest land, the environmental clearance process considers the provisions of forest protection laws. The project proponent needs to demonstrate that adequate compensatory afforestation measures will be taken to mitigate the loss of forest land. These measures typically involve the reforestation or regenerating an equivalent area of non-forest land. Additionally, the environmental clearance process evaluates the project’s impact on biodiversity, wildlife habitats, and protected areas. Projects that could adversely affect ecologically sensitive areas or endangered species may face stricter scrutiny and may require additional mitigation measures. EIA, wildlife conservation planning and forest clearance for development projects will therefore need expert assistance and guidance from environmental experts considering the newly introduced provisions.

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Read our Article: The Indian Forest Act, 1927