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Source: The post Forest (Conservation) Amendment Act 2023 controversy has been created, based on the article “Red signal for green dilution” published in “Business standard” on 26th February 2024.
UPSC Syllabus Topic: GS Paper 3-environment- conservation
News: The article discusses a recent Supreme Court decision in India. The court ruled that the government must use a broad definition of forests from a 1996 judgment. This affects how the Forest Conservation Act is applied and protects more forest areas.
What was the Supreme Court decision on forests?
The Supreme Court of India reverted to the broader definition of forests from a 1996 judgment.
This decision affects the application of the Forest Conservation Act (FCA).
The 2023 amendments to the FCA had limited its application to notified or recorded forests only.
The Court’s decision protects more forest areas from being excluded under the FCA.
For more information on Forest (Conservation) Amendment Act 2023 read here
Why were the amendments to the FCA controversial?
Impacts on Forest Area: The 2023 amendments to the Forest Conservation Act (FCA) made it applicable only to notified or recorded forests. This narrowed the definition of forests, potentially leading to the declassification of millions of hectares.
Impact on Non-Forest Use: The amendments facilitated infrastructure development, like roads and highways, in forest areas. They enabled non-forest uses of land that were previously protected, weakening environmental safeguards.
Environmental Concern: Critics argued the amendments posed significant environmental risks. The amendments raised fears about increased degradation and loss of biodiversity in forest areas not covered by the FCA. For example, Haryana’s plan for an animal safari park in the Aravalli forests, a pristine forest area, was a direct result of these amendments.
What is the government’s justification for this?
The government justified the 2023 amendments to the Forest Conservation Act (FCA) citing development and infrastructure needs.
It argued that the original FCA hindered the construction of essential facilities like schools and infrastructure for tribal communities.
The government claimed that these amendments were necessary to balance environmental protection with development requirements.
As an example, the amendments aimed to facilitate road and highway construction, which was difficult under the strict provisions of the original FCA.
However, the Forest Rights Act already allowed for forest land diversion for such projects, making the amendment somewhat redundant.
Question for practice:
Examine the implications of the recent Supreme Court decision on forests in India, particularly regarding the Forest Conservation Act (FCA) and its 2023 amendments
