top of page
Search

Natural Resource Extraction And Indigenous Rights Considering Forest Conservation (Amendment) Bill


ABSTRACT

The article discusses the Forest (Conservation) Amendment Bill, 2023, which aims to regulate the extraction of forest resources by industries and local communities in India. The article analyses the key provisions of the Bill that have implications for natural resource extraction and indigenous rights, such as the definition of forest, the consent of gram Sabhas, the compensatory afforestation and payment for ecosystem services, and the environmental impact assessment. The article argues that while the Bill claims to promote forest conservation and sustainable development, it also raises several concerns and challenges for ensuring the protection of the environment and the rights of forest dwellers. The article concludes that the Bill needs to be carefully scrutinised and debated by all stakeholders before it becomes a law.

 

Introduction

We delve into the crucial intersection of natural resource extraction and indigenous rights in India. This complex relationship has garnered attention due to its far-reaching implications for both environmental sustainability and social justice.Indigenous communities across India have a deep-rooted connection with their lands and resources, often holding traditional knowledge that sustains ecosystems. However, rapid industrialisation and resource exploitation pose threats to these communities’ way of life and the delicate balance of the environment. The struggle for indigenous rights is a focal point, as communities assert their ownership over ancestral lands and demand a say in resource management decisions. Legal frameworks and international agreements, such as the United Nations Declaration on the Rights of Indigenous Peoples, emphasise the importance of informed consent and fair benefit-sharing.

Source: http://surl.li/lupgq


India cannot become a proper industrial country if we keep on asking for resources especially critical mineral from other country. Do we have mineral resources? There are several geological studies that suggest that there are critical mineral resources in India. But unfortunately, all these minerals are there in scheduled area commonly called tribal area and in Forest belt. India is having the potential of natural gases, but it is unexplored yet (for example: Natural gases are present in Krishna-Godavari). Due to ever growing industrialisation and urbanisation in India there are few companies which is suggesting that forest area should be converted into certain non-forest commercial area and this area should be explored. For the energy security, India needs to explore these forest area and tribal area having geological evidence of critical mineral.


Companies want relaxation exemption from the Forest Conservation Act, 1980. In order to do this exploration, we need to give permission for geological survey. Newly formed Forest Conservation (Amendment) Act, 2023 is proposed to make sure that we have statutory exemption for commercial activity, and India can reduce its dependency on fossil fuels. There must be a balance between developmental activities as well as conservation efforts. Indigenous rights should also be equally emphasised, fostering a harmonious coexistence between conservation efforts and traditional ways of life.


Key provisions of the Bill that have implications on natural resource extraction and indigenous rights are:

Definition of forest: The Bill defines forest as any land recorded or notified as forest under any law for the time being in force; or any land which has tree cover of more than 10 per cent and area of more than one hectare; or any land which has been historically recognised as forest by any authoritative record. This definition is broader than the existing one, which only covers land recorded as forest under any law. The Bill also empowers the central government to notify any other land as forest. This could potentially increase the scope of forest land that is subject to diversion for non-forest purposes, such as mining, infrastructure, or industrial projects. It could also affect the rights of indigenous communities who live in or near such lands, as they may not have legal recognition or documentation of their customary rights over these lands.


Consent of gram sabhas: The Bill makes it mandatory for any proposal for diversion of forest land to obtain the prior consent of the gram sabhas (village assemblies) concerned. This provision is in line with the Forest Rights Act, 2006, which recognises the rights of forest dwellers to protect and manage their forests and resources. However, the Bill also provides that if a gram Sabha does not give its consent within 180 days of receiving a proposal, it shall be deemed to have given its consent.


Environmental impact assessment: The Bill exempts any project or activity that involves diversion of forest land from the requirement of obtaining prior environmental clearance under the Environment (Protection) Act, 1986. Instead, it provides that such projects or activities shall be deemed to have obtained environmental clearance if they comply with the conditions laid down by the central government in consultation with the state governments.


Concerns and challenges for the Forest Conservation (Amendment) Bill, 2023.

The Bill defines forest as any area recorded as forest in any government record. This excludes the areas that are not recorded as forest but are ecologically and culturally important for the indigenous communities, such as the sacred groves or the community forests. The Samatha guidelines 1997, which were issued by the Supreme Court in response to a petition filed by an NGO against mining leases granted by the Andhra Pradesh government in tribal areas, held that any land in a Scheduled Area, whether it is a forest land or not, is subject to the provisions of the Fifth Schedule of the Constitution and the Panchayats (Extension to Scheduled Areas) Act, 1996. These provisions give special rights and protection to the tribal communities over their land and resources.


The Bill exempts any project or activity that involves diversion of forest land from the requirement of obtaining prior environmental clearance under the Environment (Protection) Act, 1986. This could undermine the environmental impact assessment process, which is meant to evaluate the potential environmental and social impacts of any project or activity and suggest mitigation measures. It could also reduce the scope for public participation and consultation in the environmental impact assessment process, which is crucial for ensuring transparency and accountability. The Samatha guidelines 1997 and the Niyamgiri hill case both emphasised the importance of conducting a comprehensive environmental impact assessment and ensuring public hearing before granting any clearance for mining or other projects in forest areas.


Conclusion

The Forest (Conservation) Amendment Bill, 2023 is a significant piece of legislation that has far-reaching implications for natural resource extraction and indigenous rights in India. While it claims to promote forest conservation and sustainable development, it also raises several concerns and challenges for ensuring the protection of the environment and the rights of forest dwellers. The Bill needs to be carefully scrutinised and debated by all stakeholders before it becomes a law.


References

 

*This article was authored By Sudeep Ranjan and Srishti Vasant, Students from Symbiosis Law School, Noida and reviewed by Samiksha Biswakarma, Student from Symbiosis Law School, Noida.

Comments

bottom of page