JPC approves Forest Amendment Bill, 2023

 

What’s in the News?

• Union Environment Ministry had proposed changes in the Forest (Conservation) Act, 1980 by bringing Forest (Conservation) Amendment Bill, 2023.
• Joint Parliament Committee (JPC) was given the task to review the changes proposed by the government.
• Post the review, the JPC cleared all the changes proposed in the Forest (Conservation) Amendment Bill, 2023

Joint Parliamentary Committee(JPC):

• JPC is formed to examine the bills presented before the Parliament.
• It is an ad-hoc body which means it is formed for a specific time period post which it is dissolved.
• A JPC is formed when a motion is passed in one house and supported by the other house.
• JPC can also be formed when the presiding officers of the two houses(Speaker in LS & Chairman in RS) write to each other and communicate about forming a JPC.
• The members in the JPC can vary and are decided by the Parliament.
• In any JPC, Lok Sabha members are double the members of Rajya Sabha.

Forest (Conservation) Act, 1980:

• The Forest Act of 1980 was made to conserve the forests in India and all the matters that are connected with the forests like the agriculture, resources, tribal rights etc.
• The Act is applicable throughout India.
• The law was made to prevent the cutting of trees in the forest areas which is known as deforestation.
• The Forest Act of 1980 conserves the forests by restricting de-reservation of forest and forest land for non-forest purposes.
• To de-reserve the forest land for non-forest purpose, prior approval of the central government is required.
• As per the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights Act), 2006- the central government recognized and gave forest rights to the scheduled tribes and other forest dwelling communities. It also provided certain exemptions to forest clearance.
• Also, the Central government can provide diversion of forest land for providing certain facilities such as-

• creation of schools,
• hospitals,
• anganwadis,
• fair price shops,
• roads,
• electric and telecommunication lines,
• tanks and minor irrigation canals, etc.
• These facilities have to be managed by the government.

• The 2006 Act gives the forest rights to the communities living in the forest only by a decision approved by the Gram Sabha.
• The resolution passed by the Gram Sabha is then forwarded to the Sub-divisional level committee. Then it is forwarded it to the District level committee. The entire process is observed by a State Level Monitoring Committee
• This is how the 2006 Act is seeking to bring a fine balance between the conservation of forest rights and protection of rights of forest dwelling communities.

Forest (Conservation) Amendment Bill, 2023:       

• The Bill proposes to change the name of FA, 1980 to Van (Sanrakshan Evam Samvardhan) Adhiniyam.
• The exemptions to the forest land under the Bill is given to bring social, economic and environmental changes.
• Exemptions given to forest lands include-

• forest lands situated alongside a railway line or public road maintained by the Government
• to make projects of national importance and concerning national security
• construction of security related infrastructure
• construction of defence related project or
• camp for paramilitary forces or
• public utility projects.
• The Bill also provides for giving away forest land for non-forest activities such as-
• construction of wireless communications,
• construction of fencing,
• boundary marks or pillars,
• bridges and culverts,
• check dams,
• waterholes,
• trenches and pipelines,
• establishment of zoo,
• safaris and eco-tourism facilities etc.

Concerns-

• The provisions of the Bill are contrary to the 1980 Act which was made for prevention of de-reservation of forest land, conversion of forest land for non-forest purposes and large-scale deforestation.
• Forest clearance activities in the Bill will also violate the rights of the forest dwelling communities which was protected under the 2006 Act. It weakens the existing 2006 Act.
• The exemptions to forest lands are provided without the approval of any authorities such as the Gram Sabha, Sub-divisional level committee, District level committee and the State Level Monitoring Committee.
• The bill also exempts forest land within 100 kms of international borders. Exempted forest land would be used for "strategic and security-related projects of national importance".
• The amended Bill has not made it clear as to how it will practice compensatory afforestation(planting of trees) to reduce the climate change effects.
• The Bill is also silent on the impact of exemptions given to forest lands on biodiversity, ecological imbalance or loss of wildlife that could result from clearing forest land.
• As the Bill violates the tribal right in the form of exemptions, it does not suggest how it aims to provide livelihood for forest dependent communities.

Supreme Court Case of 1996- TN. Godavarman Thirumulkpad v. Union of India (UDI) and Ors.

• The SC in the judgement said that apart from the forest's literal meaning, forests also includes recognised areas in government records of any ownership.
• Thus, the SC has given a wider meaning to forest land.
• Going by the SC’s order, conservation of forests as per the Act of 1980 must apply clearly to all forests irrespective of the ownership.
• The exemptions provided under the 2023 Bill clearly violates the SC order.

Way Forward:

• The 2023 Bill needs to be reexamined. It should be consistent with the Act of 1980.
• Changing the name of the Forest (Conservation) Act, 1980 to Van (Sanrakshan Evam Samvardhan) Adhiniyam without taking due care to bring balance between forest conservation, protection of rights of forest dwellers and economic activities will risk our environment and disturb the ecological balance.
• The government must involve the people living in the forests and should accept suggestions and modifications from the experts.

 

 

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