Source-This post on ‘Missing’ Unclassed forests in India is based on the article “Chunk of India’s forests ‘missing’ after 27-year-delay to file reports” published in “The Hindu” on 29th March 2024.
Why in the News?
In response to a Supreme Court order, the MoEFCC has uploaded State Expert Committee reports on its website in April. It was done following a PIL challenging the Forest (Conservation) Act Amendment 2023 which raised concerns over the identification of unclassed forests.
About unclassed forests
1. About unclassed forests: The term “unclassed forests” refers to forest areas that fall outside the categories of reserved and protected forests.
2. Unclassed forests are not officially notified: These unclassified forests include both government-owned and privately held lands, as well as community forests. Unlike reserved and protected forests, unclassed forests are not officially notified.
Why these unclassed forests have been a point of concern?
1. Legal Safeguard: Traditionally, unclassed forests benefited from legal protection, as per the T.N. Godavarman Thirumalpad case of 1996. This safeguard prevented their use for non-forest purposes.
2. Forest (Conservation) Act Amendment (FCA) 2023: The FCAA’s amendment in 2023 endangered the legal shield of unclassed forests and making them vulnerable to diversion for non-forest activities.
3. Delayed State Expert Committee (SEC) Reports: The SECs were assigned the task of identifying unclassed forests across India. However, a significant delay of 27 years in submitting these reports left the status of unclassed forests ambiguous.
4. Ministry of Environment, Forests, and Climate Change (MoEFCC) Assurances: The MoEFCC assured that the amended FCAA would apply to SEC-identified unclassed forests, aligning with the Godavarman judgment. However, an RTI inquiry uncovered the lack of necessary reports.
5. Missed Conservation Goals: The failure to identify and protect unclassed forests represents a lost opportunity to fulfil the objectives outlined in the Indian Forest Policy, which aims for 33.3% forest cover in plains and 66.6% in hills.
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