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”.