Why Forest (Conservation) Amendment Act 2023 is disputable?

Environmentalists argued that the Act weakens environmental protections by allowing easier diversion of forest land for infrastructure projects, particularly in border areas, potentially impacting biodiversity and ecologically sensitive regions

The Forest (Conservation) Amendment Act (FCAA) Bill 2023, titled in Hindi as Van (Sanrakshan Evam Samvardhan) Adhiniyam, came into effect on December 1, 2003, bringing significant changes to the Forest (Conservation) Act, 1980, which is a crucial central statute for the conservation of forests in India.

However, the Amendment Act of 2023 has been challenged in court on constitutional grounds. While Supreme Court has yet to give a final verdict on the pleas, it has passed an interim order on it giving a major relief to environmentalists and other stakeholders.

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Why FCAA was challenged?

Environmentalists argued that the Act weakens environmental protections by allowing easier diversion of forest land for infrastructure projects, particularly in border areas, potentially impacting biodiversity and ecologically sensitive regions.

The FCAA narrowed down the definition of ‘forest’ compared to the 1996 Supreme Court judgment in TN Godavarman vs Union of India.

It excluded land that was recorded as forest before 1980, but was not notified as a forest.

The Forest (Conservation) Amendment Act 2023 exempted certain lands from its purview, including land for national security projects, small roadside amenities, and public roads.

It also allowed certain activities in forests, such as establishing zoos, safaris, and eco-tourism facilities.

FCAA allowed diversion of any forest in the country without scrutiny by expert panels.

It also stripped local communities of their rights in forest management.

What SC’s interim orders say?

The Supreme Court issued interim orders on the validity of the FCAA.

The Court prohibited the Central and State governments from taking any action that would result in a loss of forest area until further orders.

The Court has directed the governments to adhere to the definition of ‘forest’ as established in the ‘TN Godavarman Thirumalpad’ case.

The apex court stressed that any diversion of forest land for projects like highways near borders must be compensated with reforestation elsewhere.

It also asked the State/UTs to submit a consolidated record of all the lands recorded as ‘forest’ by the expert committees (constituted as per the TN Godavarman judgment) to the Central government.

Also court’s nod is needed before giving final approval for the establishment of zoos or safari by any government or authority.

Implications of Supreme Court judgement

Narrowing the definition could have left nearly 1.99 lakh sq km of forest land from the ambit of ‘forest.’

Activities for non-forest purposes like zoos promotes deforestation.

States continue to interpret the term “forests” differently, despite the Godavarman ruling being in effect for 28 years.

The SC interim order places equal emphasis on striking a balance between environmental preservation and economic development.

What is Godavarman case?

The case was initiated by TN Godavarman Thirumulpad, who was a landlord from the Nilgiris district in Tamil Nadu. He filed a petition under Article 32 of the Indian Constitution in the Supreme Court in 1995. TN Godavarman’s concern stemmed from large-scale deforestation, illegal logging, and unsustainable forestry practices in his ancestral lands and surrounding forest areas in the Nilgiris. He sought the intervention of the Supreme Court to prevent the destruction of forests and ensure effective implementation of the Forest (Conservation) Act, 1980.

This case was originally aimed at addressing the specific issue of degradation of forests in Tamil Nadu, but later on it expanded to cover forest conservation across the entire country.

The Supreme Court issued directions to the State and the Central governments to protect forests nationwide. The active intervention by the Supreme Court transformed the Godavarman case into a watershed case for observation of forest and environmental protection.

India’s forest conservation

After Independence, the Indian government through various laws has designated vast areas of forest land as reserved and protected forests. ater, some more areas were included in ‘forest’ lands.

To safeguard the forests, various Acts were passed from time to time, including Indian Forest Act 1927,  The Wildlife (Protection) Act 1972, The Forest Conservation Act 1980, The Environment (Protection) Act 1986 and The Biodiversity Act 2002.

As per the Forest Report 2021, the country’s total forest and tree cover is 80.9 million hectares, which accounted for 24.62 per cent of its geographical area.