Forest Conservation (Amendment) Bill 2023
Source: PIB
GS II: Governance; GS III: Environment
Overview
- Forest Conservation (Amendment) Bill/Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980
- What are the concerns of the bill?
- T.N. Godavarman Thirumulpad vs. Union of India
Why in News ?
Union Minister for Environment, Forest and Climate Change moved the Forest (Conservation) Amendment Bill 2023 as reported by the Joint Committee of Parliament.
- After deliberations and taking the views of Members of Parliaments, the Lok Sabha passed the Bill.
Forest Conservation (Amendment) Bill
- The Act’s abbreviated name will now be the Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980, per the Bill.
Photo by Pinakeen Bhatt on Unsplash - It is a crucial central legislation for the protection of the nation’s forests.
- It states that prior approval from the Central Government is required for the
- De-reservation of reserved forests
- Use of forest property for non-forest purposes
- Assignment of forest land to a private company through a lease or other means
- Removal of naturally growing trees for reforestation.
- Initially provisions of the Act were being applied to the notified forest land only, subsequently after the Judgement dated 12.12.1996, the Act was made applicable to revenue forest land or in lands which were recorded as forest in government records and to areas which look like forest in their dictionary meaning.
- Exempts certain types of land include land within 100 km of India’s border needed for national security projects, small roadside amenities, and public roads leading to a habitation.
- Bill also allows running zoos, safaris and eco-tourism facilities.
Key Provisions
- Types of Land
- The Bill provides that two types of land will be under the purview of the Act:
- Land declared/notified as a forest under the Indian Forest Act, 1927 or under any other law.
- Land not covered in the first category but notified as a forest on or after October 25, 1980 in a government record.
- The Bill provides that two types of land will be under the purview of the Act:
- Exemptions of Land
- Land situated within 100 km from international borders, Line of Control, or Line of Actual Control, for construction of a strategic linear project of national importance and concerning national security
- Land up to 10 hectares, for constructing security-related infrastructure
- Land proposed to be used for constructing defense related projects, camps for paramilitary forces, or public utility projects up to five hectares in a left-wing extremism affected area.
- Prior Approval for leasing
- Prior approval of the central government to assign forest land to any entity not owned or controlled by government.
- This is subject to terms and conditions under Central Government.
- Activities and Restriction
- De-reservation of forests or use of forest land for non-forest purposes.
- This include use of land for cultivating horticultural crops or for any purpose other than reforestation.
- Not restricted the following activities
- Works related to the conservation, management, and development of forest and wildlife such as establishing check posts, fire lines, fencing, and wireless communication are not restricted.
- Zoos and safaris covered by the Wild Life (Protection) Act of 1972 that are run by the state or any other government agency in forested regions other than protected areas.
- Besides ecotourism facilities, silvicultural operations (enhancing forest growth), and any other purpose specified by the central government.
- Power of Central Government
- The central government may issue directions for the implementation of the act.
- It can direct to any authority/organisation under or recognised by the centre, state, or union territory (UT).
Need for the Bill
- Statement Of Object And Reasons Of Bill
- It is necessary to broaden the horizon of the Act in order to achieve the objective of the country to increase the forest cover for creation of carbon sink of additional 2.5 to 3.0 billion tons of CO equivalent by 2030.
- Supreme court Judgement in 1996
- Before judgement (T.N. Godavarman Thirumulpad vs. Union of India) Act only applied to notified forest lands, not revenue forest areas and non-forestry use in the revenue forest.
- After act applied to recorded forest areas, including those already used for non-forestry purposes.
- The bill clarify the applicability to different types of lands to avoid confusion.
- Changes in Policies
- Since the enactment of the act there are several changes in the ecological, social and environmental concept.
- For make the act in combine with the change in concept the bill introduced.
What are the concerns?
- Exemptions
- Land recorded as forest before October 25, 1980 but not notified as a forest and land which changed from forest-use to non-forest-use before December 12, 1996 are exempted
- This is against the supreme court judgement in the case T.N. Godavarman Thirumulpad vs. Union of India.
- Border area land exempted for national security purpose may adversely affect the prevention of deforestation.
- Zoos, eco-tourism facilities and reconnaissance survey also exempted will also affect land and wildlife.
T.N. Godavarman Thirumulpad vs. Union of India
- 1995, T.N. Godavarman Thirumulpad filed a writ petition with the Supreme Court.
- Purpose:
- India to protect the Nilgiris forest land from deforestation by illegal timber operations.
- The court examine the all aspect relate to National Forest Policy.
- The Court directs the following
- Without the express consent of the Central Government, all forest operations across the nation must cease immediately.
- Felling of all trees in all forest is to remain suspended that are not planned with Central Government.
- Complete ban on the movement of cut trees and timber from any seven north eastern states.
- High power Committee was to be constituted to oversee the implementation of the judgment.
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