Forest (Conservation) Amendment Bill, 2023

Relevance: GS2 - Government Policies and Interventions; GS3 - Environment and Conservation

(Source: Times of India, 08/05/2023)

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Why in the news?

Recently, the Forest (Conservation) Amendment Bill 2023 has been passed by both Lok Sabha and Rajya Sabha which aims to bring significant changes to the Forest (Conservation) Act, 1980.

Key Highlights of the Bill

• Renaming of the Act: The amendment bill renames the parent legislation, the Forest (Conservation) Act, 1980, to Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980 so as to ensure the potential of its provisions.
• Applicability on various lands: The amendments specify that the Act will apply only to lands officially notified as forest in government records on or after 1980.
• Exempted categories of land:
  • 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.
• New forest activities: The amendments expand the scope of forestry activities by including new endeavors like developing infrastructure for frontline forest personnel, promoting ecotourism, establishing zoos, and facilitating safaris.
• Approval of Central Government: The state government will require prior approval of the central government to assign any forest land to a private entity.
• Encouraging plantation and carbon sink: The amendments encourage the practice of cultivating plantation on non forest land, which can increase tree cover, act as a carbon sink and contribute to India's goal of being ‘net zero’ in emissions by 2070.

What are the concerns related to the bill?

• Restricting Supreme Court’s judgement: By reclassifying forest areas and restricting the application of the Forest Conservation Act (FCA) to only officially declared tracts since October 25, 1980, the amendment may invalidate the Supreme Court's landmark 1996 judgment in T N Godavarman vs Union of India.
• Security Exemptions Near Border Areas: Acknowledging the importance of national security, the amendment's provision to remove the necessity of forest clearances within 100 km of international borders could lead to the irreversible destruction of ecologically vital ecosystems.
• Disempowerment of local communities: The Bill does not mention the Scheduled Tribes and Other Traditional Forest-dwellers (Recognition of Forest Rights) Act, 2006. Consequently, the exclusion of certain forest areas and the simplified diversion process might lead to the removal of the requirement to take consent of local communities through their gram sabhas.
• Issue on changing the title of the act: On changing the title of the Act as “Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980,”objections were raised that it ignores the non-Hindi speaking population of the country.

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FAQs

MCQ

Question: Consider the following statements: (UPSC 2018)

1. The definition of “Critical Wildlife Habitat” is incorporated in the Forest Rights Act, 2006.
2. For the first time in India, Baigas have been given Habitat Rights.
3. Union Ministry of Environment, Forest and Climate Change officially decides and declares Habitat Rights for Primitive and Vulnerable Tribal Groups in any part of India.

Which of the statements given above is/are correct?

(a) 1 and 2 only

(b) 2 and 3 only

(c) 3 only

(d) 1, 2 and 3

Question: Under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, who shall be the authority to initiate the process for determining the nature and extent of individual or community forest rights or both? (UPSC 2013)

(a) State Forest Department

(b) District Collector / Deputy Commissioner

(c) Tahsildar / Block Development Officer / Mandal Revenue Officer

(d) Gram Sabha