Use dictionary meaning of ‘forest’, SC tells Centre

Use dictionary meaning of ‘forest’, SC tells Centre

Subject: Environment

Section: Environmental Laws and Organisations

Context:

• Supreme Court in a significant order, on petitions challenging the amendments introduced in 2023 to the Forest (Conservation) Act, 1980, and directed –
• That the expression ‘forest’ will continue to have a “broad and all-encompassing” meaning for the time being as held in 1996 order and include 97 lakh square km of undeclared forest lands under the ambit of ‘forest’.

Details:

Objective(intent) of 1980 act:

The 1980 statute was enacted to check further deforestation leading to ecological imbalance.

What is the concern:

 Section 1A introduced through the amended Act 2023 had “circumscribed or substantially diluted” the definition of forest to two categories —

1. declared forests and
2. lands recorded as forests in ‘government records’ after 1980.

Centre arguments:

Section 1A- expanded the term ‘government records’ contained in the provision to include lands recognised as forest by any State or Union Territory, local body, council or recognised communities.

Present status:

However, SC directed the government to revert to the “dictionary meaning” of ‘forest’ as upheld by SC in a 1996 decision in the T.N. Godavarman Thirumulpad case.

Broad meaning of Forest:

• To preserve green expanses(forest) irrespective of their nature, classification or ownership.
• “The adoption of this dictionary meaning to forests was made to align with the intent of the Forest Conservation Act, 1980.
• The expression ‘forest’ will not be confined to lands recorded as forests in the government records only.

Present directions of SC wrt amendment 2023:

• SC said that the same dictionary meaning would continue till the States and Union Territories prepare a “consolidated record” of all the lands recorded as ‘forest’ in government records, including forest-like areas, unclassed and community forest lands.
• As Part of Rule 16 of a notification issued by the Environment Ministry on November 29, 2023, and would take a year “and also in align with the principles in N. Godavarman Thirumulpad must continue to be observed,”
• Environment Ministry shall have to issue circular to the States and Union Territories.
• States and UTs will prepare “comprehensive record” as per the Godavarman Thirumulpad case and will have to prepare records by March 31, 2024.
• The Environment Ministry has to publish these records on its website by April 15, 2024.
• In addition to these, the establishment of “zoos or safaris” by any government or authority should not be consented to without the final approval of the top court.
• The court listed the case again in July 2024.