List of Current Affairs

Why in News?

• Recently, the Lok Sabha has passed Forest (Conservation) Amendment Bill, 2023.
• This Bill will amend the Forest (Conservation) Act, 1980, which protects the forestry land from non-forestry abuse.
• The Amendment Bill renames the parent legislation, the Forest (Conservation) Act, 1980, to Van (Sanrakshan Evam Samvardhan) Adhiniyam, which translates to Forest (Conservation and Augmentation) Act.

Background

• There are several changes which were patently necessary to be brought.
• Some of the proposed amendments specify where the Act does not apply.
• Other amendments specifically 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.
• 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 amendments were introduced in the Lok Sabha in March 2023.
• A motion was moved in Lok Sabha to refer the bill to the joint committee which was later supported by the Upper House of Parliament.
• In July 2023, after deliberations and taking the views of Members of Parliaments, the Lok Sabha passed the Bill.

Legal Provisions

Dynamics of Forests in India

• ‘Forest cover’, in India, refers to land greater than one hectare in size where the tree canopy density is greater than 10%.
• India’s total forest cover rose to 38,251 sq. km from 2001 to 2021.
• This increase was mainly in terms of open forest cover, where tree canopy density ranges from 10% to 40%.
• Forest cover in regions classified as ‘dense forest’ actually decreased during that period.

Highlights of Amendment Proffered in the Bill

Applicability

• The Bill amends the Forest (Conservation) Act, 1980, to make it applicable to certain types of land.
• The Act will not be applicable for land converted to non-forest use before December 12, 1996.

Preamble to the Act

• It proposes to insert a preamble to the Act to encompass the country's rich tradition of preserving forests, their biodiversity and tackling climate change challenges within its ambit.

Land under the Purview of the Act

• These include land notified as a forest under the Indian Forest Act, 1927 or in government records after the 1980 Act came into effect.
• The Bill excludes two categories of land from the purview of the Act:
• Land recorded as forest before October 25, 1980, but not notified as a forest.
• Land which changed from forest-use to non-forest-use before December 12, 1996.
• It also exempts certain types of land from the purview of the Act. These include land within 100 km of India’s border needed for national security projects, small roadside amenities, and public roads leading to a habitation.
• The State Government requires prior approval of the Central Government to assign any forest land to a private entity.
• The Bill extends this to all entities and allows the assignment to be made on terms and conditions specified by the central government.

Restrictions imposed by the Act

• The Act restricts the de-reservation of forests or use of forest land for non-forest purposes. Such restrictions may be lifted with the prior approval of the central government. Non-forest purposes include use of land for cultivating horticultural crops or for any purpose other than reafforestation.
• The Bill adds more activities to this list such as:
• Zoos and safaris under the Wildlife (Protection) Act, 1972 owned by the government or any authority, in forest areas other than protected areas.
• Eco-tourism facilities
• Silvicultural operations (enhancing forest growth)
• Any other purpose specified by the central government.

Exemptions

• It seeks to exempt all strategic linear projects of "national importance and concerning national security" within 100 km of international borders, the LAC and the LoC.
• The proposed amendment also includes exemptions for "security-related infrastructure" up to 10 hectares, and additional activities such as silvicultural operations, construction of zoos and wildlife safaris, eco-tourism facilities, and any other activities specified by the Central Government.

Case Law

T N Goda Varman Thirumulpad v. Union of India (1996)

• On 12 December 1996, a bench led by former Chief Justice of India J.S. Verma passed an interim order coordinating that tree-felling and non-forestry service movement in forestland the nation over be halted.
• The Supreme Court expanded the definition of forest land to include all areas recorded as forest in any government record, irrespective of ownership, recognition and classification.
• In the judgement, the Supreme Court interpreted that the word “forest” must be understood according to its “dictionary meaning”.

Why in News?

• The Supreme Court considered the arguments on the issue of whether children born out of a void or voidable marriage has a right to their parent’s ancestral property as per Hindu law.
• The bench comprising Chief Justice of India DY Chandrachud, Justices JB Pardiwala, and Manoj Misra examined the scope of Section 16(3) of the Hindu Marriage Act 1955.
• The court considered the matter of Revanasiddappa v. Mallikarjun and other connected cases.

Background

• The case is a reference on the issue of illegitimate children's rights in father's ancestral property.
• In this case, a two judges bench opined that such children would have a right to every property of their parents whether self-acquired or ancestral.
• However, the same question was pending in several high courts.
• Considering the pendency of the case of Revanasiddappa v. Mallikarjun from several years, the bench headed by Justice Sanjay Kishan Kaul in November 2022 opined the matter to be placed before Chief Justice of India.
• The party favoring the right of child born out of void/voidable marriages contended that no child should be considered 'illegitimate' as it was the marriage, which was illegitimate, not the child.
• The argument in the contrary was a reasonable classification existed between children born out of a void or voidable marriage and a valid marriage, hence not providing illegitimate children with rights in coparcener property was a 'balancing act'.

Ancestral Property

• Ancestral property means any movable or immovable property which an individual inherits from his ancestors.
• Properties that are inherited as well as properties that are acquired through inheritance, gift, purchase, or any other means are also included in ancestral property.
• Ancestral property is covered under deceased’s estate under Hindu Law.
• According to Mitakshara Law, the right to ancestral property arises from the birth itself, for a property to be an ancestral property it must remain as an undivided property. Ancestral property does not include self-acquired property, gift, partition deed.
• In Gurdip Kaur v. Ghamand Singh (1964), it was held by the court that the ancestral property was said to be a property inherited from a father, father’s father or great grandfather.

Illegitimate Child

• A child conceived or born out of void/voidable marriages, illicit relationships, through concubines, or marriage not solemnized with proper ceremonies is an Illegitimate Child.
• Section 16 (3) of the Hindu Marriage Act, 1955, governs the inheritance rights of illegitimate children.
• According to Section 16 (3), illegitimate children are only entitled to the property of their parents and not of any other relation.
• Apart from Hindus, the law is also applicable to Sikhs, Jains and Buddhists.

Legal Provision

Section of the Hindu Marriage Act 1955 - Legitimacy of children of void and voidable marriages

(1) Notwithstanding that marriage is null and void under section 11, any child of such marriage who would have been legitimate if the marriage had been valid, shall be legitimate, whether such child is born before or after the commencement of the Marriage Laws (Amendment) Act, 1976 (68 of 1976), and whether or not a decree of nullity is granted in respect of that marriage under this Act and whether or not the marriage is held to be void otherwise than on a petition under this Act.

(2) Where a decree of nullity is granted in respect of a voidable marriage under section 12, any child begotten or conceived before the decree is made, who would have been the legitimate child of the parties to the marriage if at the date of the decree it had been dissolved instead of being annulled, shall be deemed to be their legitimate child notwithstanding the decree of nullity.

(3) Nothing contained in sub-section (1) or sub-section (2) shall be construed as conferring upon any child of a marriage which is null and void or which is annulled by a decree of nullity under section 12, any rights in or to the property of any person, other than the parents, in any case where, but for the passing of this Act, such child would have been incapable of possessing or acquiring any such rights by reason of his not being the legitimate child of his parents.