Date : 28/07/2023

Relevance:

• GS Paper 2: Government Interventions and Policies
• GS Paper 3: Forest Conservation,

Keywords: Forest (Conservation) Amendment Bill, 2023, net zero emissions, carbon sink, forest-dependent communities, Godavarman judgment, environmental scrutiny, biodiversity hotspots, traditional forest-dwellers.

Context-

• The Forest (Conservation) Amendment Bill, 2023, recently passed by the Lok Sabha, aims to amend the Forest Conservation Act of 1980. While the Bill's Preamble promises commendable objectives like achieving net zero emissions, creating a carbon sink, and improving forest-dependent communities' livelihoods, its operative part raises significant concerns.
• Environmental experts have highlighted three major problem areas: the narrowed definition of forests, the exclusion of significant forest areas, and the granting of sanctions to additional activities that were regulated earlier. These issues merit attention and explanation to safeguard India's natural ecosystems and promote sustainable development.

Narrowed Definition of Forests:

• The Forest (Conservation) Act of 1980 was known for its protectionist stance, which made obtaining forest clearances time-consuming and costly. However, the new amendment restricts the Act's scope to only legally notified and government-recorded forests after October 25, 1980. The Bill will significantly restrict the application of the landmark Godavarman judgment of 1996 which had extended the scope of the 1980 Act to the dictionary meaning of ‘forest’ — that is, areas with trees rather than just areas legally notified as forest.

• This change could affect around 28% of India's forest cover, including forests of exceptional quality and conservation value.Perversely, States that have refused to identify important forest areas despite the Godavarman judgment, may now be free to allow the destruction of these forests for construction and development. For example, Unclassed Forests in Nagaland, despite historical protection, might now be susceptible to destruction. Additionally, ecologically significant areas like the Aravalli Hills in the Delhi National Capital Region may be adversely impacted.

Exclusion of Fragile Ecosystems:

• The Bill provides exemptions for security-related infrastructure within 100 km of international borders. Unfortunately, this excludes ecologically sensitive regions like the forests of northeastern India and high-altitude Himalayan forests and meadows, known for their biodiversity. Preserving these fragile ecosystems is crucial to maintaining biodiversity and ecological balance.

Exemptions for Construction Projects:

• The amendment introduces exemptions for construction projects such as zoos, safari parks, and eco-tourism facilities. Artificially created green areas cannot substitute natural ecosystems, which offer essential ecosystem services.
• Moreover, the Bill grants the Union government unrestricted powers to specify 'any desired use,' raising concerns about the potential exploitation of forest resources without proper environmental scrutiny.

Disenfranchising Forest People:

• One major concern is the lack of reference to other relevant forest laws, such as the Scheduled Tribes and Other Traditional Forest-dwellers (Recognition of Forest Rights) Act, 2006. By excluding and diverting forest areas, the Bill omits the consultation of forest people's institutions.
• In contrast, empowering forest communities, as seen in Nepal's success, can play a pivotal role in increasing forest cover and achieving net zero carbon commitments.In neighbouring Nepal, the handing over of forests to local community forest user groups is credited to have helped the country increase its forest cover from 26% to 45% over just three decades. If India is to meet its net zero carbon commitments and increase forest cover (as the Bill envisages in its Preamble), it would be wise to further the participation of forest people, rather than disenfranchise them.

Exclusions and Environmental Impact:

While there is a need for streamlining administrative processes, granting blanket exemptions from regulatory laws is problematic. Forests and natural ecosystems are not luxuries; they are vital for environmental sustainability. India's northern borders, with the geologically active Himalayas, demand proper geological and environmental assessments for all development projects, as demonstrated by recent events in Joshimath, Uttarakhand.

Conclusion:

The Forest (Conservation) Amendment Bill, 2023, must be scrutinized thoroughly to bridge the disconnect between its Preamble's noble intentions and the potentially harmful operative provisions. A comprehensive approach that includes wider forest definitions, safeguards for fragile ecosystems, and the participation of forest communities is essential. Sustainable development should not come at the cost of forest destruction; rather, it should strike a balance that ensures the preservation of India's natural heritage for future generations. Only through responsible and holistic conservation efforts can India fulfill its net zero carbon commitments and protect its invaluable ecosystems.

Source : The Hindu