States/UTs must adhere to the forest definition from the Godavarman judgment-SC

Source-This post on States/UTs must adhere to the forest definition from the Godavarman judgment-SC is based on the article “Go by dictionary definition of forest as per ’96 judgment: SC” published in “Hindustan Times” on 20th February 2024.

Why in the News?

The Supreme Court recently issued an interim order directing States and Union Territories to adhere to the 1996 definition of “forest” from the T.N. Godavarman Thirumalpad vs. Union of India case.
This directive applies while identifying land recorded as forests in Government records under the 2023 amendments to the Forest Conservation Act (1980).

What was the context of the case that led to the issuance of the interim order?

1. A bench led by Chief Justice of India issued the interim order during the hearing of several writ petitions that contested the 2023 amendments to the Forest Conservation Act (1980).

2. The petitioners argued that the broad definition of ‘forest’ established in the Godavarman judgment has been restricted by Section 1A introduced by the 2023 amendment.

3. The Court was informed that the narrowed definition would exclude approximately 1.99 lakh square kilometers of forest land from being considered as ‘forest’.

What did the Supreme Court determine in the recent interim order?

1. The court instructed states and Union territories to temporarily apply the dictionary definition of “forest” when evaluating land activities. Under Rule 16, the principles outlined in the TN Godavarman judgment must continue to be followed.

2. The Court instructed the Union of India to request detailed records from all States/UTs regarding lands identified as forests by their respective expert committees, in accordance with the TN Godavarman judgment.

3. The court also prohibited the establishment of zoos or safaris in these areas without prior court approval.

What was TN.Godavarman Thirumulpad v Union of India (1996) judgement?

1. Background:
a. The Forest conservation act 1980 aims to safeguard India’s forests from industrial exploitation and promote reforestation.
b. It grants the Central government authority to regulate the extraction of forest resources, including timber, bamboo, coal, and minerals, by industries and forest-dwelling communities.
c. However, this protection applies only to areas officially designated as ‘forest’ in Central or State government records.

2. The Supreme Court’s ruling in the TN.Godavarman Thirumulpad v Union of India (1996) case broadened the protection of forests.

3.  According to the ruling, areas that meet the ‘dictionary‘ definition of forests are protected, even if they have not been officially notified by the government or recorded in historical documents.

Note– Currently in India, there is no universally accepted definition of ‘forest’. Each state decides its own definition.

UPSC Syllabus- Environment/Bills and Acts