Governance

Will the new bill of the Modi government reduce the existing protection of forests? all about the proposed legislation

March 30, 2023
Bharat Times

New Delhi: The Forest (Conservation) Amendment Bill – which seeks to amend the existing forest protection to “fast-track strategic and security-related projects of national importance” – was introduced in the Lok Sabha on Wednesday amid protests, and will be passed in a joint parliamentary session. could be referred to the committee. discussed.

The bill proposes changes to the Forest (Conservation) Act of 1980 – a law that prohibits non-forest activity in forest areas without prior approval from the Ministry of Environment, Forest and Climate Change. It seeks to do this by making exemptions for certain projects, as well as redefining the forest areas under which the law will apply.

The amendment bill has been referred to a joint committee consisting of 19 Lok Sabha members. and 10 Rajya Sabha members.

But one expert said the proposed changes could undermine the law, ending protections given to India’s forests under the Forest (Conservation) Act of 1980.

Former Union Minister for Environment and Forests, Rajya Sabha MP Jairam Ramesh called the committee “one-sided”, and said the government had undermined the role of the Standing Committee on Science and Technology, Environment and Forests, which he chairs. ,

Here’s all you need to know about the Forest Conservation Act and the new amendment bill.

conversion of forest land

The Forest (Conservation) Act of 1980 is a direct law that prohibits the use of forest land for non-forest purposes. Until 1996, the law applied to forests notified by the Indian Forest Act of 1927.

But in December 1996Supreme Court verdict in TN Godavarman Case (TN Godavarman Thirumulpad Vs. Union of India & Ors.) that it shall apply to all those pieces of land which resemble the “dictionary meaning” of forests, including “deemed” forests recorded in any Government records, irrespective of their ownership.

Under the Forest (Conservation) Act, any project that leads to diversion of forest land must first apply for forest clearance.

The amendment bill seeks to “remove ambiguity” around the law’s applicability, and restricts what type of forest land it will apply to, seeking to return forests to their pre-1996 status.,

In addition, the proposed bill seeks to extend protection to “deemed” forests as well, but only to those recorded after October 25, 1980.

In a statement of objects and reasons for the proposed law, Environment, Forest and Climate Change Minister Bhupendra Yadav says the changes were necessary because Godavarman The order was to “restrain the authorities from allowing any change of land use and any development or utility work” in deemed forest areas.

The changes have drawn criticism from an environmental expert who believes they will pose a threat to the country’s forest cover.

Debadito Sinha, a senior resident fellow at Vidhi Center for Legal Policy, an independent think tank, tweeted that the amendment would “threaten a significant area of ​​forest land in the country”, especially those areas that are recorded as forest in government records. were registered. 1850s to 1970s.

“Due to improper demarcation and corruption in the previous administration, a large part of such transferred land could not be notified under the Indian Forest Act or state forest laws,” Sinha said in a series of tweets. “The TN Godavarman The order protected further degradation of such ‘recorded forests’ by bringing them under the purview of the FC Act.

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Railways exempted for ‘strategic’ projects

The Bill proposes to exempt 0.1 hectares of forest land from the forest clearance process along railway lines and public roads, as well as linear projects such as roads within 100 km of the Line of Control or the Line of Actual Control, which are considered ” “Relating to national importance and national security”.

Apart from linear projects, the Bill makes exceptions for security infrastructure up to 10 hectares as well as “defense related projects”, camps and public utility projects up to 5 hectares in Left Wing Extremism affected areas.

“There is also a need to fast-track strategic and security-related projects of national importance to ensure development of critical security infrastructure, especially along the Line of Control and Line of Actual Control and Left Wing Extremism areas,” the bill says. He further said, “Similarly, settlements of small establishments along public roads and railways also need to be facilitated by providing access and connectivity to main arterial roads and public utilities. (sic)”

The Bill eases afforestation on non-forest land.

Opposition reaction

In the preamble, the bill notes India’s climate commitments, including a pledge to create a carbon sink capable of absorbing 2.5 to 3 billion tonnes of carbon dioxide by 2030, and India’s 2070 net-zero commitment.

After the bill was introduced amid much uproar, Rajya Sabha MP Jairam Ramesh, chairman of the Parliamentary Standing Committee on Science and Technology, Environment and Forests, wrote a letter to Rajya Sabha Chairman Jagdeep Dhankhar expressing his views on how the bill was handled. Filed a protest.

“The Bill falls under the jurisdiction of the Committee on Science and Technology, Environment and Forests,” he wrote on Wednesday. Will be subject to law for detailed investigation with full participation of all stakeholders”.

He also criticized the formation of the joint committee, saying it was “disappointingly one-sided” as there was no opposition member on the list.

The Joint Committee is expected to submit its report by the first week of the next session.

(Edited by Uttara Ramaswamy)

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