On Forest Conservation Amendment Act 2023 – Community rights and forest conservation

Source: The post on Forest Conservation Amendment Act 2023 is based on the article “Community rights and forest conservation” published in “The Hindu” on 14th November 2023.

Syllabus: GS2- Government policies and interventions for development in various sectors and issues arising out of their design and implementation.

News: The article discusses the 2023 Forest Conservation Amendment Act, which focuses on using forests for economic benefits like tourism. It reduces legal protections for many forests, leading to criticism about neglecting indigenous rights and potential negative impacts on forest management.

What is forest?

In India, the definition of a “forest” is not uniformly established at the national level. Instead, each state is responsible for determining what constitutes a forest within its territory. This decentralized approach to defining forests originates from a 1996 Supreme Court order known as the T.N. Godavarman Thirumulkpad vs the Union of India judgment.

Types of forests: State Forest Departments govern two primary types of forests as defined under the Indian Forest (IF) Act of 1927. a) Reserve Forests (RF)- Rights are restricted unless specified. b) Protected Forests (PF)- Rights are generally allowed unless prohibited.

Constitutional Provisions:

The 42nd Amendment Act, 1976, shifted Forests from the State to the Concurrent List, allowing both state and central legislation.

Article 51 A (g) declares it a fundamental duty of every citizen to protect and improve the natural environment, including forests and wildlife.

Similarly, Article 48 A, found in the Directive Principles of State Policy, obliges the state to strive to protect and enhance the environment, including forests and wildlife.

Forest Act and amendment:

Indian Forest Act, 1927: Established to consolidate laws related to forests and wildlife, it played a crucial role in designating reserved and protected forests post-independence. However, it faced challenges like overlooking certain forest areas and misclassifying non-forest lands.

Forest (Conservation) Act, 1980: This Act aimed to strengthen forest protection by prohibiting the felling of forests for non-forestry purposes without the central government’s approval. It was a response to the rampant deforestation and aimed to ensure sustainable forest management.

T.N. Godavarman vs. Union of India, 1996: A landmark Supreme Court ruling expanded the definition of forests to include all types, irrespective of their ownership or classification, under the Forest Conservation Act.

Amendments in 2016 and 2017: prior consent from the tribal grama sabha was mandatory for any alterations to forests for non-forest purposes.

Amendments in 2022: Proposed changes allowed plantation development on non-FC Act lands, reflecting a balance between conservation and development needs.

What are the major changes made under the Forest Conservation Amendment Act 2023?

Reduced Forest Protections and Exclusion of Areas: The Act reduces legal protections for many forests, particularly those converted for non-forest use after 1996, and applies only to areas categorized under the 1927 Forest Act or designated after October 25, 1980, excluding others from its scope.

Economic Exploitation: It facilitates economic activities in forests, such as ecotourism and safari, which were previously restricted.

Security Infrastructure: The government can construct security measures in forest areas, especially within 100 kilometers of international borders.

Removal of Prior Consent: The requirement for tribal consent for altering forests for non-forest purposes has been removed.

Compensatory Afforestation: The Act includes provisions for afforestation or reforestation by private entities, without specific guidelines on tree types.

Impact on Forest Rights Act: The amendment potentially limits the application of the Forest Rights Act, affecting indigenous communities’ rights to forest land.

What are the major concerns related to the Forest Conservation Amendment Act 2023?

Neglect of Indigenous Rights: The Act fails to recognize the rights of indigenous communities, potentially obstructing their access to forest resources and traditional lands.

Contradiction in Forest Governance: It challenges the concept of decentralized forest governance, conflicting with federal norms and the concurrent jurisdiction of forests.

Ambiguity in Strategic Projects: Defining strategic projects, such as security infrastructure, is vague, leading to potential misuse and misinterpretation regarding forest land use.

Environmental Security Overlooked: The Act does not prioritize internal environmental security, a concern for states frequently facing natural disasters.

Compensatory Afforestation Concerns: The lack of specifics on the types of trees for afforestation could lead to environmental mismatches and ineffective reforestation efforts.

Question to practice

Discuss the key changes and potential impacts of the Forest Conservation Amendment Act 2023 in India.