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GS 2: Government Policies and Interventions
Why in News?
Recently, the government introduced the Forest (Conservation) Amendment Bill, 2023 in Lok Sabha and proposed changes to the Forest (Conservation) Act, (FC) 1980.
Context:
The Forest (Conservation) Amendment Bill, 2023, that is being deliberated upon by a Joint Committee of Parliament, is a contentious piece of legislation that signals the complex challenges involved in balancing industrial development and the conservation of forests.
The FC Act of 1980's historical context and proposed amendments
Background: After Independence, sizable tracts of forest land were set aside as protected forests.Many forested areas, however, were omitted, and regions without any active forests were deemed to be part of the "forest" lands.
o In 1996, the Supreme Court halted the removal of trees nationwide and decided that the FC Act would apply to all parcels of land that were either recorded as "forest" or closely resembled the definition of "forest" in the dictionary.
o In June 2022, the government modified the Forest Conservation Rules to include a mechanism that would permit plantations to be grown "over land on which the (FC) Act is not applicable" and to exchange such plots for later demands for compensatory afforestation.
Preamble to the Act: It is proposed to add a preamble to the Act in order to include the country's long tradition of protecting forests, their biodiversity, and addressing climate change issues within its purview.
The Act restricts the de-reservation of forest and the use of forest land for non-forest purposes.
o Restrictions on Activities in Forests. With the central government's prior approval, these limitations may be lifted. Land used for horticultural crop cultivation or any other purpose besides reforestation is used for non-forest purposes.
The Bill expands on this list by including additional activities like:
(i) zoos and safaris covered by the Wild Life (Protection) Act of 1972 owned by the government or any authority, in forest areas other than protected areas;
(ii) eco-tourism facilities;
(iii) silvicultural operations (improving forest growth); and
(iv) any other purpose designated by the central government.
The Act will not apply to land changed from forest use to non-forest use on or before December 12, 1996 by any authority, according to the Bill.
Land under the Purview of the Act:
The Bill states that two types of land will be under the purview of the Act:
The Bill provides that two types of land will be under the purview of the Act:
(i) land declared/notified as a forest under the Indian Forest Act, 1927 or under any other law, or
(ii) land not covered in the first category but notified as a forest on or after October 25, 1980 in a government record.
Authority to Issue Directions: The Bill adds that the central government may give instructions to any other authority or organisation that is a part of or recognised by the centre, state, or union territory regarding the implementation of the Act.
Exemptions include "security-related infrastructure" up to 10 hectares, additional activities like silvicultural operations, building zoos and wildlife safaris, eco-tourism facilities, and any other activities specified by the Central Government. The proposed amendment also 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.
Issues:
o The amendments depart from the Supreme Court's 1996 ruling, which guaranteed that every forest mentioned in government records receives legal protection against deforestation, by leaving out of the Act all those forest lands that do not fall within the reserved area but are available in government records prior to 1980.
o According to critics, phrases like "proposed," "ecotourism facilities," and "any other purposes" could be abused for purposes that harm forests and their ecosystems.Additionally, they contend that plantations pose a serious threat to Indian forests by displacing natural ecosystems, degrading soil quality, and in particular endangering native biodiversity.
Mains Practice question:
Q. “What are we doing to the forests of the world is but a mirror reflection of what we are doing to ourselves and to one another” Anyalyze the statement in the context of Forest (Conservation) Amendment Bill, 2023.
{{Chandra Sir}}