.png){kind=logo}
India's Ecological Landscape: Delving Into The Ramifications Of The Forest Amendment Bill, 2023
- thelawpinion
- Oct 7, 2023
- 5 min read
ABSTRACT
The recent endorsement of the Forest (Conservation) Amendment Bill 2023 by the Lok Sabha represents significant revisions to India's pivotal Forest (Conservation) Act of 1980. While these changes expand the Act's reach and embrace technological advancements for conservation, concerns arise regarding potential deforestation in vulnerable regions and the rights of indigenous communities. Additionally, queries surface about the inclusivity of the Hindi nomenclature and the equilibrium of authority between the Central and State governments. In essence, a thorough evaluation is imperative, taking into account ecological, societal, and environmental facets. Transparency and inclusivity in discussions are vital for effective execution. The Forest Amendment Bill, 2023, underscores ecological consciousness and our generation's obligation to translate legal provisions into meaningful actions.
Introduction
The Lok Sabha has recently approved the Forest (Conservation) Amendment Bill 2023, which seeks to introduce substantial modifications to the Forest (Conservation) Act of 1980. This act holds significant importance as a central law for the preservation of forests in India. In the 1996 Godavarman case, the Supreme Court enacted a suspension on the felling of trees across the nation. Moreover, the court pronounced that the Forest (Conservation) Act (FC Act) would be pertinent to all parcels of land classified as 'forest' either by official record or by virtue of possessing attributes akin to the conventional definition of a forest. Subsequent to this, in June 2022, a modification was introduced to the Forest Conservation Rules by the government. This alteration aimed to establish a mechanism permitting developers to cultivate plantations on "land not subject to the (FC) Act's jurisdiction." Additionally, this revision facilitated the exchange of such land parcels for future compensatory afforestation obligations.
The Forest (Conservation) Amendment Bill introduces an expansion in the range of the Act by the inclusion of a Preamble. The nomenclature of the Act has been revised to Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980, emblematic of its latent potential. While the Act's initial scope pertained solely to designated forest land, subsequent amendments broadened its jurisdiction to encompass revenue forest land and land documented as forest in governmental records. These modifications aim to rationalize the applicability of the Act to diverse categories, such as officially recorded forest lands, privately owned forest lands, and cultivated plantations. Embracing technological progress, the bill advocates for the application of satellite imagery and remote sensing in identifying and overseeing illicit activities. This digital intervention is in harmony with contemporary law enforcement strategies. The enactment of the Forest Amendment Bill carries a myriad of legal consequences. The heightened penalties signify a more rigorous enforcement regimen, potentially sparking conversations regarding fairness and consistent application. Ambiguities may arise when interpreting terms like "endangered species" or delineating the extent of community engagement necessary. Moreover, the integration of surveillance technology presents challenges related to data privacy and the accuracy of monitoring mechanisms. Balancing the need for effective law enforcement with the protection of individual rights remains a pivotal concern.
Source: http://surl.li/lupql
The Bill suggests specific exemptions designed to stimulate afforestation and planting endeavours outside traditional forest boundaries. Provisions include earmarking 0.10 hectares of forest land to facilitate connectivity for dwellings and establishments along roads and railways, allocation of up to 10 hectares for security-oriented infrastructures, and reserving up to 5 hectares in Left Wing Extremism Affected Districts for public utility initiatives. Notably, these exemptions extend to strategic undertakings related to national security within 100 kilometres of international borders, Line of Actual Control (LAC), and Line of Control (LoC). By extending prevailing stipulations of the Principal Act governing the leasing of forest land to private entities, the Bill now encompasses Government companies as well. This expansion facilitates developmental ventures and ensures consistency in the Act's execution.
The introduced amendments usher in fresh domains of activity such as constructing infrastructure for frontline forest personnel, fostering ecotourism, establishing zoos, and facilitating safaris within the spectrum of forestry operations geared towards conservation. Moreover, conducting surveys and investigations in forested regions will no longer be categorized as non-forestry undertakings. An explicit objective of the amendments is to have these designated areas contribute to India's climate change mitigation endeavours by recognizing them as integral components of the country's forest conservation initiatives. This recognition aligns with India's international commitments, including the aspiration to achieve Net Zero Emission by 2070. The Bill notably endorses endeavours like establishing government-owned zoos, safaris, and ecotourism ventures, planned beyond Protected Areas. These initiatives serve a dual purpose: enhancing public awareness regarding forest preservation and wildlife safeguarding while simultaneously generating livelihood opportunities for local communities, thereby integrating them into holistic development endeavours.
The suggested exemptions in the Bill, particularly those related to strategic projects near international borders, have generated worries about potential deforestation in ecologically fragile regions like the Himalayan, Trans-Himalayan, and north-eastern areas. There are concerns that the Forest Amendment Bill, 2023, could infringe on the rights of indigenous communities residing along India's borders. Furthermore, without proper "assessment and mitigation plans," these clearances may endanger biodiversity and trigger extreme weather events. Concerns were raised about the Act's new name in Hindi, arguing that it lacks inclusivity and excludes a significant portion of the non-Hindi-speaking population, both in South India and the North-East. Certain state governments argue that forest conservation falls under the Concurrent List, which implies that both the Central and State governments have a role to play in this matter. They are concerned that the proposed amendments may shift the balance in favour of the Central government, potentially affecting the rights and authority of State governments in forest conservation matters.
Conclusion
It is imperative that a comprehensive evaluation of the proposed amendments and their potential repercussions on forests, biodiversity, and local communities is carried out diligently. This evaluation should encompass a holistic analysis, considering ecological, social, and environmental aspects, and should actively engage a wide range of stakeholders. These stakeholders should include experts, non-governmental organizations, indigenous communities, and State governments. To foster transparency, inclusivity, and informed decision-making, it is crucial to maintain an ongoing and meaningful dialogue with all parties involved. This commitment to consultation and engagement will not only help in understanding various perspectives but also in addressing legitimate concerns, ultimately leading to better and more balanced outcomes. The Forest Amendment Bill, 2023, heralds a new era in India's environmental legislation, melding legal rigor with ecological consciousness. This amendment exemplifies how legislation can play a pivotal role in driving constructive transformation, effectively balancing economic endeavours with the vital task of preserving our planet's natural legacy.
As we grapple with the repercussions of this amendment, it becomes unmistakably clear that our generation of legal scholars bears a distinctive obligation to champion the robust implementation of such laws, guaranteeing their transformation from mere words on paper into substantive actions on the field. In this endeavour, we make significant contributions, not only to our academic journeys but to the overarching mission of forging a fair and sustainable future for all.
References
Bharat Ka Rajptr. (2023,August 04). Retrieved from https://egazette.gov.in/WriteReadData/2023/247866.pdf
Forest Conservation Amendment Bill 2023. (2023, July 29). Retrieved from drishtiias: https://www.drishtiias.com/daily-updates/daily-news-analysis/forest-conservation-amendment-bill-2023-1
Paridar, R. (2023, August 01). Explained | What will the amended Forest (Conservation) Act change? Retrieved from TheHindu: https://www.thehindu.com/sci-tech/energy-and-environment/explained-what-will-the-amended-forest-conservation-act-change/article67146543.ece
The Forest (Conservation) Amendment Bill, 2023. (n.d.). Retrieved from PRS Legislative Research : https://prsindia.org/billtrack/the-forest-conservation-amendment-bill-2023
Yadav, B. (2023, August 07). Forest Conservation Bill: An encompassing green. Retrieved from IndianExpress: https://indianexpress.com/article/opinion/columns/forest-conservation-bill-pm-modi-bhupendra-yadav-new-india-8879804/
*This article was authored By Jatin Makkar, Student from Symbiosis Law School, Noida and reviewed by Samiksha Biswakarma, Student from Symbiosis Law School, Noida.
Comments