Why in
the news?
A new forest bill Forest
(Conservation) amendment bill, 2023 seeking to amend the Forest conservation
act, 1980 has been tabled in the Parliament.
What is
the Forest (Conservation) Amendment bill?
1) It seeks to
amend,
a) Forest
conservation act, 1980
i)
A legislation to protect the Indian forests
by regulating the extraction of forest resources - bamboo, timber, coal to
mineral resources.
ii)
The Centre is empowered to regulate the
forest resources extraction by both industries and forest-dwelling communities.
b) Forest Rights
act
i)
The act protects the rights of Forest
dwellers and tribals dependent on forests.
2) Amendments
suggested in the bill
a) Preamble has
been inserted that highlights India's commitment to preserve forests and
biodiversity of the region
b) The New act
shall be named as van (Sanrakshan Evam Samvardhan) Adhiniyam translated to
'Forest conservation and augmentation Act'
c) The act shall
apply to only lands notified as 'forest' in central or state govt records on or
after 1980.
d) Exemptions
provided
i)
Not applicable to notified forest land
converted legally into non-forest use between 1980 and 1996.
ii)
Not applicable to forest land situated 100km
away from international borders and to be used for strategic projects of
national importance.
iii)
Not applicable to land ranging 5-10 hectares
to be used for defence and security projects.
iv)
Lands not recorded as forests lands cannot be
retrospectively earmarked as forest lands.
v)
Forest lands or plantations cannot be
apportioned to companies for mining purposes by the state.
3) Advantages of
the act
i)
Can curb deforestation due to stringent
regulatory provisions.
ii)
No retrospective earmarking of plantations
into forest lands will incentivise investment of private players due to loss of
fear of losing the land.
iii)
India's plan to develop 3 billion tonnes of
carbon sink & achieve net zero by 2070 shall become a reality.
iv)
The removal of restrictions will help
creation of infrastructure & access to better roads aiding National
security & creating livelihood opportunities for people living in the
periphery of the forest areas.
4) Objections to
the amendment
a) Exemptions
provided in the act shall cause detrimental effects in ecologically sensitive
areas
i)
Exemptions to security related infrastructure
of up to 100km of international borders could potentially impact the
ecologically sensitive Himalayan and trans-Himalayan forests and Northeast
regions; recent events at Joshimath stands as evidence.
ii)
Exemptions for construction projects such as
Zoos and other eco-tourism facilities shall provide an upper hand to
artificially created enclosures to the natural ecosystems.
b) Will lead to
dilution of GodavarmanThirumulpad judgment,
1996 which
i)
Expanded protection to areas not formally
notified as forests but conform to the dictionary meaning of forests.
ii)
States were provided larger ambit to choose
their own criteria to define and demarcate forests.
c) The timeline
after 1980, shall leave out large areas of forest land and biodiversity
hotspots to be used for non-forest purposes.
i)
This can impact around 28% of forest cover in
India covering ~2 lakh square kilometres.
ii)
For instance, the unclassed forests of
Nagaland and Aravalli hills in the Delhi NCR Region which are considered
ecologically significant could be affected in the pretext of allowing forests
for construction and development.
d) Forest being in
concurrent list, the act tilts the balance towards the state.
e) Unrestricted
powers given to the central government to declare ‘any desired use’ apart from
the provisions mentioned in the act raises concerns over adequate environmental
scrutiny.
f) No mention
about existing relevant forest laws raises concerns
i)
Scheduled Tribes and other Traditional Forest
dwellers (Recognition of Forest Rights) Act - finds no mention and threatens
the idea of people consultation for sustainable development in the forest
ecosystem.
Exemptions subjected to narrow
sectors of implementation with stringent regulations in protection of forest in
balance with forest rights of the tribal and forest-dwelling communities is
mandatory for the effective outcome of the act.
About: Forests of India
India State of
Forest Report, 2021:
1) The
total forest and tree cover of India is 80.9 million hectares i.e., 24% percent
of the geographical area of the country, registering an increase of 2,261 sq.
km in the total forest and tree cover.
2) The
open forest cover increase shows higher growth followed by the very dense
forest cover compared to 2019 assessment.
3) Top
three states showing increase in forest cover:
i.
Andhra Pradesh (647 sq. km)
ii.
Telangana (632 sq. km)
iii.
Odisha (537 sq. km).
4) Area-wise
Forest cover in descending order:
i.
Madhya Pradesh (largest)
ii.
Arunachal Pradesh
iii.
Chhattisgarh
iv.
Odisha
v.
Maharashtra
5) Total
mangrove cover in the country is 4,992 sq. km showing an increase of 17 sq. Km
in mangrove cover compared to 2019 assessment.
