Objections overruled, Forest Bill goes to House unchanged

• Forest (Conservation) Act 1980

• Van (Sanrakshan Evam Samvardhan) Adhiniyam, or Forest (Conservation and Augmentation) Act

• The act was enacted to ensure that India’s forest land is not wantonly usurped for non-forestry purposes.
• The Act empowers the Centre to require that any forest land diverted for non-forestry purposes be duly compensated.

• To encourage the practice of cultivating plantations on non-forest land that could, over time, increase tree cover, act as a carbon sink, and aid India’s ambition of being ‘net zero’ in terms of emissions by 2070.

• Restricts the de-reservation of forest or use of forest land for non-forest purposes
• Specifies certain activities (conservation, management and development of forest and wildlife) that will be excluded from non-forest purposes

1.     zoos and safaris under the Wild Life (Protection) Act, 1972,

2.     eco-tourism facilities,

3.     silvicultural operations (enhancing forest growth), etc.

• Land declared/notified as a forest under the Indian Forest Act, 1927 or under any other law, or
• Land not covered in the first category but notified as a forest on or after October 25, 1980 in a government record.

• Forest land along a rail line or a public road maintained by the government
• Land situated within 100 km along the international borders
• Land up to 10 hectares, proposed to be used for constructing security-related infrastructure, etc.
• The amendments would also remove the 1980 Act’s restrictions on creating infrastructure that would aid national security and create livelihood opportunities for those living on the periphery of forests.

• The state government or any authority requires prior approval of the central government to direct the assigning of forest land through a lease or otherwise to any organisation not owned by the government.

• The Bill provides that such assigning may be done to any organisation subject to terms and conditions prescribed by the central government.

• The Bill adds that the central government may issue directions for the implementation of the Act to any other authority/organisation under or recognised by the centre, state or UT.

• Proposed amendments “diluted” the Supreme Court’s 1996 judgement in the Godavarman case that extended protection to wide tracts of forests, even if they were not recorded as forests.
• Construction of highways, hydel power projects and other such projects in geographically sensitive areas within 100 km of international borders or the Line of Control will no longer require a forest clearance.
• Some north-eastern States objected that vast tracts of forest land would be unilaterally taken away for defence purposes.
• Several environmental groups said that the amendments removed Central protection from vast tracts of ‘deemed forest’ (forested areas not officially recorded as ‘forests’) and would permit activities such as tourism in these areas, compromising their integrity.