Why?
Against the petitions challenging the 2023 amendments to the Forest (Conservation) Act, 1980, SC has directed governments to follow the “broad and all-encompassing” definition of forest as laid down in its 1996 judgment in the T N Godavarman case until a consolidated record of all kinds of forests across the country is prepared.
Approach:
- Introduce your answer with the intent of the FCS amendment Act, 2023 i.e., balancing forest conservation with developmental needs.
- In the main body address the effectiveness of the FCA Amendment 2023 – Clarification of ‘Forest’ Definition, Addressing Ambiguities, Facilitation of Development Projects, Narrowing the Applicability of FCA, Exclusion of ‘Deemed Forests’, etc. Next discuss its implications on Tribal Communities like -Impact on Traditional Rights, Potential Displacement, Undermining Forest Rights Act, Loss of Ecological Knowledge, etc.
- Conclude by highlighting the need for comprehensive evaluation and potential revisions to ensure equitable and sustainable forest governance.
Answer:
The Forest (Conservation) Amendment Act, 2023, aimed to address perceived ambiguities in the application of the Forest (Conservation) Act, 1980, particularly concerning the definition of ‘forest’ and its implications on developmental activities.
Effectiveness of the FCA Amendment 2023:
- Clarification of ‘Forest’ Definition: By aligning with the Supreme Court’s interpretation of ‘forest’ as per the T N Godavarman case, the amendment aimed to define forest land more precisely, excluding areas not meeting the specified criteria.
- Addressing Ambiguities: The amendment aimed to rectify perceived ambiguities arising from the broad interpretation of ‘forest’ under the previous legislation, which had led to challenges in implementing developmental projects.
- Promoting Sustainable Development: The amendment intended to facilitate sustainable development by allowing utilization of non-forest land for various developmental activities while ensuring the conservation of notified forests.
- Facilitation of Development Projects: The Act makes provisions for easier diversion of forest land for national security, defence, and strategic projects within 100 kilometres of the border areas.
- While this could facilitate infrastructure and defence-related developments, it poses a significant risk to ecologically sensitive areas, especially in the Northeast and frontier states, home to diverse ecosystems and endemic species.
- Narrowing the Applicability of FCA: By application of the Forest (Conservation) Act to only notified forests and lands identified as ‘forest’ in government records. This was intended to provide clarity and remove obstacles to developmental projects.
- However this might exclude significant areas from protection, potentially leading to increased deforestation and biodiversity loss.
- Exclusion of ‘Deemed Forests’: Failed to address the issue of ‘deemed forests,’ which are areas not officially classified as forests but possess ecological significance.
- 15 percent of India’s total forest cover or 1.99 lakh sq km of area is deemed as forests.
- Challenges in Implementation: including inadequate data on ‘deemed forests’ and conflicting interpretations, may hinder effective enforcement.
Implications On Tribal Communities:
- Impact on Traditional Rights: The amendment could impact tribal communities by altering their traditional rights to use forest land, potentially limiting access to resources critical for their livelihood.
- Potential Displacement: Developmental projects facilitated by the amendment may lead to the displacement of tribal communities from their ancestral lands, disrupting their socio-economic and cultural fabric.
- Undermining Forest Rights Act: FCA amendment undermines rights under FRA act, by exempting a number of projects from forest clearance that is under the purview of the grama sabha.
- Loss of Ecological Knowledge: Displacement and alienation from forest lands could result in the loss of traditional ecological knowledge and practices among tribal communities, impacting biodiversity conservation efforts.
- Participation in Forest Management: There are concerns that the amendments may not adequately ensure tribal participation in forest management, which is essential for the conservation and sustainable use of forest resources.
- Legal and Social Conflicts: The amendment could lead to increased legal and social conflicts between tribal communities, the state, and private entities over forest land use and rights.
The Forest (Conservation) Amendment Act, 2023, aimed to strike a balance between forest conservation and developmental needs. However, it necessitates a thorough evaluation and potential revisions to ensure equitable and sustainable forest governance.
‘+1’ value addition:
- The Godavarman ruling by SC said that the Forest Conservation Act, 1980, was enacted to conserve forests and applied to all forests, regardless of whether they are classified as such.
- The 2023 FCA Amendment was challenged in the SC on the grounds that it is in violation of several fundamental rights (Ex: Article 21 – Right to live in a pollution-free environment) guaranteed under the constitution, as well as the “established principles of Indian environmental jurisprudence.
