FOREST CONSERVATION (AMENDMENT) ACT 2023

The Forest Conservation Amendment Act of 2023 has received limited attention and little discussion about its impact on forests and its inhabitants. From the colonial forest law in 1865 to the Forest Conservation Amendment Act, 2023, more than fifteen laws, Acts, and policies have been formulated interlinking forests with legal and policy frameworks. However, there is little to no recognition of the rights of indigenous communities in these Acts, who are the rightful inhabitants of forest lands.

2. The Key Provisions of the New Amendment

• The amendment aims to tackle the critical issues of climate change and deforestation's adverse effects, focusing on effective management and afforestation.
• The law further aims to determine how forests can be utilised for economic gain, and how it seeks to achieve this goal is outlined in the legislation.
• The primary method used to achieve this objective involves removing forests from the law's jurisdiction, thereby facilitating various forms of economic exploitation.
• As per the amendment, the forest law will now apply exclusively to areas categorised under the 1927 Forest Act and those designated as such on or after October 25, 1980.
• The Act will not apply to forests that were converted for non-forest use on or after December 12, 1996 and land which falls under 100 kilometres from the China and Pakistan border where the central government can build linear projects.
• The central government is authorised to construct security measures in areas up to ten hectares to establish security infrastructure and facilities for surveillance.
• Initiatives like ecotourism, safari, environmental entertainment, and more may be implemented in these areas.

3. Reasons for the Amendment Brought In

• The Godavarman Thirumulkpad case led to an interpretation of forest land by its 'dictionary meaning'.
• Subsequently, all private forests were brought under the ambit of the 1980 law.
• This has been a subject of debate as it was argued that the legislation primarily aims to restrict forest land from being used for various non-forest purposes, including the conversion of land for large-scale industries.
• The law has faced significant opposition, especially from private landowners, individuals, and organisations involved in forest conservation, for its perceived adverse impact on the country's industrial progress.

4. Joint Parliamentary Committee (JPC) Recommendations

• Of the 31-member JPC addressing the issue, only six individuals were from the opposition.
• The JPC submitted its report to Parliament on July 20, within three months.
• The critical comments from the committee members and the public appear to have been largely disregarded; reduced to dissenting notes, holding a minority viewpoint on the Bill.

5. What Happened to the Stipulation of 'Prior Consent'?

• The Forest Conservation Act underwent important amendments in 2016 and 2017, which stipulated that prior consent from the tribal grama sabha was mandatory for any alterations to forests for non-forest purposes.
• However, the recent revisions to the legislation have removed the necessity for such consent.
• Nevertheless, in this situation, State governments can proactively engage in specific activities within this framework through the inclusion of grama sabhas, particularly in matters of land acquisition for various purposes, by establishing State-level steering committees.

6. About Compensatory Afforestation

• Compensatory afforestation, as outlined in the new legislation, encompasses various projects and schemes that can be undertaken by both private individuals and organisations (including large corporations) for afforestation or reforestation purposes.
• The law mandates that for every parcel of land that is lost due to afforestation efforts, an equivalent amount of land must be afforested elsewhere.
• It does not specify the type of trees that should be planted, leaving room for discretion.

7. Impact on the Forest Rights Act (FRA)

• The FRA has had notable impacts in various regions.
• Despite the initial enthusiasm, it appears that both the Central and State governments have become less enthusiastic about implementing the FRA in their States.
• Many consider the Act as an impediment to converting forest land for non-forest purposes.
• The amendment also fails to address the growing issue of human-animal conflicts in forest areas.
• When examined superficially, the law appears to address issues without complications.
• However, once the law is put into practice, it presents substantial challenges to forest-dwelling communities and government agencies.
• The concept of afforestation, which offers considerable financial incentives to private individuals and institutions for afforestation projects, fundamentally clashes with the idea of forest governance.
• Furthermore, it contradicts the concept of decentralised forest governance as forests in the country fall under the concurrent list.
• Defining strategic linear projects becomes exceptionally difficult and vague. Unlike external security threats like border disputes and cross-border skirmishes, internal environmental security should also be considered a significant concern, especially in States that consistently face natural disasters.