The hornets’ nests in the Forest Amendment Bill

Source:The Hindu

For Prelims: Forest (Conservation) Amendment Bill, 2023, The Forest Conservation Act of 1980, Godavarman judgment of 1996, Traditional Forest-dwellers (Recognition of Forest Rights) Act, 2006, 

For Mains: Conservation of Forests.

Highlights Of the Article:

1. The Forest (Conservation) Amendment Bill, 2023, was passed in the Lok Sabha with no substantive changes from the original version introduced in March.

2. While the Bill's Preamble expresses positive goals like achieving net zero emissions by 2070 and increasing forest cover, the operative part of the Bill does not seem to align with these commitments.

3. The Bill narrows the definition of forests under its scope and excludes significant tracts of forest areas, potentially impacting around 28% of India's forest cover.

4. The Godavarman judgment of 1996, which extended the scope of the Forest Conservation Act of 1980 to areas with trees (not just legally notified forests), will be significantly restricted by this Amendment, potentially allowing the destruction of forests in certain areas.

5. Forests in northeastern India and the Himalayas, which are home to important biodiversity, will not need forest clearances for security-related infrastructure within 100 km of international borders..

6. The Bill introduces exemptions for construction projects like zoos, safari parks, and eco-tourism facilities, raising concerns about the potential exploitation of forest resources without adequate environmental scrutiny.

7. The exclusion of other relevant forest laws, such as the Scheduled Tribes and Other Traditional Forest-dwellers (Recognition of Forest Rights) Act, 2006, could disenfranchise forest communities and hinder efforts to increase forest cover.

8. There is a need for a balanced approach, acknowledging the importance of fast-tracking strategic and security-related projects but also advocating for better environmental assessments and checks to protect India's natural ecosystems.

Context:

The context of the article is the Forest Conservation Amendment Bill, 2023, which was passed by the Lok Sabha on July 26, 2023. The bill amends the Forest Conservation Act of 1980, which is the main law governing the use of forest land in India.

UPSC EXAM NOTES ANALYSIS:

1.Narrowed Definition of Forests and Exclusion of Forest Areas:

• The Forest Conservation Act of 1980 aimed to protect forests by making clearances for development projects time-consuming and costly.
• The Forest (Conservation) Amendment Bill significantly narrows the definition of forests, limiting its scope to only legally notified and government-recorded forests after October 25, 1980.
• This change could impact approximately 28% of India's forest cover, including ecologically significant areas with exceptional conservation value.
• For instance, the category of Unclassed Forests in Nagaland, despite centuries of protection and use by autonomous clans, would be excluded from the act's protection.
• States may now have the freedom to allow the destruction of such ecologically valuable forests for construction and development purposes.
• Critical areas like the Aravalli Hills in the Delhi National Capital Region, which are vital for water security and ecological balance, may also be affected by the amendment.

2.Exemptions for Fragile Ecosystems and Construction Projects:

• The bill introduces exemptions for security-related infrastructure up to 100 km of international borders, impacting globally recognized biodiversity hotspots such as forests in northeastern India and the high-altitude Himalayan forests and meadows.
• These exemptions could lead to severe environmental degradation in these delicate ecosystems, threatening biodiversity and ecological balance.
• The amendment also grants unrestricted powers to the Union government to specify 'any desired use' beyond the originally specified activities.
• Such provisions raise concerns about potential exploitation of forest resources without adequate environmental scrutiny.
• Construction projects like zoos, safari parks, and eco-tourism facilities are exempted, which may not adequately protect the diverse ecosystem services provided by natural habitats.

3.Disenfranchising Forest People:

• The bill does not reference other relevant forest laws, such as the Scheduled Tribes and Other Traditional Forest-dwellers (Recognition of Forest Rights) Act, 2006.
• As a consequence, forest people's institutions no longer need to be consulted, leading to their disenfranchisement.
• In contrast, in Nepal, the involvement of local community forest user groups helped increase the country's forest cover significantly.
• Empowering forest-dependent communities through participation is crucial for sustainable forest conservation.

4.Conclusion:

The Forest (Conservation) Amendment Bill, 2023, claims to be committed to ecological goals, but its provisions threaten India's forests, biodiversity, and forest-dependent communities. The bill narrows the definition of forests, excludes significant forest areas, and grants exemptions to certain sectors. Instead of dismantling regulatory laws, the government should fix administrative processes to streamline environmental clearances in a way that balances development and environmental conservation.