India seeks to free up ‘unrecorded’ forests for development projects

Environment Minister Bhupender Yadav introduced the bill in the Lok Sabha in March this year. The statement of objects and reasons gives a cursory understanding of the Government’s proposed intent.

1. Broaden the horizon to increase the forest/tree cover for creation of carbon sink of additional 2.5 to 3.0 billion tons of CO2 equivalent by 2030.

2. Prescribe the extent of applicability and non-applicability in various types of lands.

3. Fast track strategic & security related projects of national importance, especially along the international border areas such as LAC, LOC and Left-Wing Extremism affected areas.

4. Keep provisions in tandem with the dynamic changes in the ecological, strategic and economic aspirations of country.

A quick look at some of the salient features of the Forest Conservation Act 1980, which the new bill seeks to amend. The law was intended to apply the brakes on large-scale deforestation & unauthorised diversion of forest land.

- There is a restriction on forest de-reservation or using forest land for non-forest purposes.

- The state/any authority would need prior approval of the Centre to pass any order on:

1. Any part of ‘reserved forest’ ceasing to exist

2. Any forest land or part being used for non-forest purposes

3. Leasing to a private person or any authority not controlled by Government

4. Using Forest land/portion for non-forest purposes

- Cultivation of tea, coffee, spices, rubber, palms, oil-bearing plants, horticultural or medicinal plants

- Any purpose other than re-afforestation

However, any activity undertaken in the realm of conservation, development and management of wildlife is not considered a ‘non-forest purpose’.

The Forest Conservation Amendment Bill, 2023, dilutes some of the clauses of the erstwhile FCA 1980 and exempts certain forest lands from legal protection. In other words, the proposed law aims to make the clauses under the Forest Conservation Act 1980 applicable to only certain types of land. It also limits the definition of forest to only land recorded as forest on or after October 25, 1980. That is the day when the Forest Conservation Act came into force. Huge tracts of ‘unrecorded’ forest land can potentially be diverted for development projects.

- Land declared/notified as a forest as per Indian Forest Act, 1927

- Land declared/notified as a forest on or after October 25, 1980

However, the clauses of FCA 1980 will NOT apply to land that has been changed from forest use to use for ‘non-forest’ purposes before December 12, 1996.

A landmark judgment that has since been the cornerstone of India’s forest conservation ecosystem was passed on that day. The Supreme Court, while delivering an order on a writ petition related to illegal timber mining operations in the Nilgiris ruled that the Forest Conservation Act would apply to all forests irrespective of their nature of ownership. The Court further went on to say that the word ‘Forest’ must be understood as per its dictionary meaning.

- Forest land within 100 kilometres of international borders needed for projects of national importance & concerning national security

- Forest land upto 10 hectares for construction of security related infrastructure

- Forest land upto 0.10 hectares along a rail line or public road which provides access to habitation, roadside amenities

- Forest land upto 5 hectares for defence projects, paramilitary camps or public utility projects in a Left-Wing Extremism affected area

- Gives wider discretionary power to Central Govt. to prescribe terms & conditions for assignment of forest land to any party by the state government.

‘’The Central Government may, from time to time, issue such directions, to any authority under the Central Government, State Government or Union territory Administration, or to any organisation, entity or body recognised by the Central Government, State Government or Union territory Administration, as may be necessary for the implementation of this Act.’’

- The amendment bill also expands the ambit of exemptions under Section 2 of FCA 1980. It allows establishing check posts, fencing, bridges, running zoos, safaris, eco-tourism activities on forest land without prior approval of the Central Government.

- As per the State of Forest Report 2021, India’s total forest cover is 21.71 percent of the geographical area of the country. This a tad better than the 21.67 percent cover in the 2019 report.

- Total forest cover in the 8 North-East states takes up 64.66 percent of its geographical area.

1. The bill leaves unclassified/unnotified forest regions in the eight North-Eastern states vulnerable. Large parts of the North-East come within the purview of ‘100 kilometres from international borders.’

2. The bill, by introducing a timeframe dilutes the landmark SC judgment of 1996, which had ruled that ‘forest’ includes all land recorded as forest in any government record, notwithstanding its ownership.

3. It is yet unclear if this bill supersedes the Forest Rights Act, 2006 which gives self-cultivation, habitation rights to Forest Dwelling Scheduled Tribes occupying the land before Oct 25, 1980.

4. Establishment of zoos, eco-tourism facilities – both fundamentally construed as commercial facilities may significantly impact the forest ecosystem.