• UGI USER
  • Feb 22, 2024
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CALM ASSESSMENT

CLARITY ON THE NATURE AND EXTENT OF

‘DEEMED FOREST”‘ IS ESSENTIAL

 

 

Syllabus:

  • GS 2: Government Policies and Interventions , Issues related to development 
  • GS 3: Conservation and Forest Resource.

Why in the News?

  • The Supreme Court’s decision to halt the Centre’s proposed amendments to the Forest (Conservation) Act, 1980, underscores the importance of clarity regarding the concept of “deemed forest.”
  • This pause reflects the need for a thorough understanding of the nature and extent of such forests in India.

Background:

  • The Forest (Conservation) Act, 1980, aimed to curb the indiscriminate deforestation for non-forestry purposes, with an estimated four million hectares of forest land diverted between 1951-1975.
  • Post-1980, the annual average forest diversion significantly decreased to about 22,000 hectares, showcasing the efficacy of the introduced regulatory mechanism.
Source: IE

Evolution of the “Deemed Forest” Concept:

  • TheN. Godavarman Thirumulpad judgement expanded the protection of forest tracts beyond those recognized by existing legislation.
  • This judgement introduced the concept of “deemed forests,” referring to areas not officially classified as forests but deserving protection.
Definition of Forest in India:

·    Lack of Clarity: Currently, there is no nationally-accepted definition of “forest” in India.

·    Committee Observation: In September 2019, the Forest Advisory Committee (FAC) acknowledged the challenge of devising a uniform definition applicable across all states and union territories due to diverse forest types.

·    State Responsibility: States are tasked with formulating their definitions of forests, as per their unique forest landscapes and requirements.

·    Emphasis on State Authority: The Ministry of Environment, Forest and Climate Change (MoEFCC) reiterated in November 2019 that states, with established forest departments, are best positioned to define and manage their forests.

·    Legal Precedent: The authority for states to define forests stems from the 1996 Supreme Court ruling in the T.N. Godavarman Thirumulpad case.

Godavarman Thirumulpad Judgment:

·    Legal Background: In 1995, T.N. Godavarman Thirumulpad petitioned the Supreme Court to safeguard Nilgiris forest land from illegal timber operations.

·    Definition Clarity: The judgement emphasized interpreting the term “forest” based on its dictionary definition, encompassing all officially recognized forest areas regardless of their designation.

·    State Mandate: State governments were directed to establish expert committees to identify, declare, and demarcate forest areas in compliance with the ruling.

 

Understanding Forest Conservation Act 1980 ( Features ):

Central Government Approval:

  • Mandated Approval: Diversion of forestland for non-forestry purposes requires approval from the central government.
  • National-level Decision Making: Ensures decisions on forest diversion balance economic development and environmental conservation at the national level.

Compensation for Forest Cover Loss:

  • Compensation Requirement: Payment of compensation for lost forest cover based on the net present value of diverted forestland.
  • Utilization of Funds: Collected funds utilized for afforestation and reforestation activities to mitigate environmental impact.

Consultation with Stakeholders:

  • Involvement of State Governments and Tribal Communities: State governments and tribal communities consulted before forestland diversion approval.
  • Local Stakeholder Engagement: Ensures consideration of local perspectives and concerns in decision-making processes.

Compulsory Compensatory Afforestation:

  • Mandatory Afforestation Requirement: Equal area of non-forest land afforested or reforested as compensation for diverted forestland.
  • Enforcement and Penalties: Non-compliance leads to penalties, promoting adherence to compensatory afforestation obligations.

Recognition of Deemed Forests:

  • Definition: Acknowledgment of “deemed forests,” ecologically sensitive areas lacking official forest classification.
  • Central Government Approval: Diversion of deemed forests requires central government approval, subjecting them to the Act’s provisions.

Penalties for Violation:

  • Enforcement Measures: Penalties include imprisonment up to 15 months, a fine up to Rs. 10,000, or both, for violating Act provisions.
  • Deterrent Effect: Penalties act as a deterrent, ensuring compliance with forest conservation regulations.

Key Provisions of the Forest (Conservation) Amendment Bill 2023:

  • Scope Expansion:
  • Introduction of Preamble: The Bill enhances the Act’s scope by incorporating a Preamble.
  • Name Change: Renamed as Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980 to reflect its comprehensive provisions.
  • Applicability Enhancement:
  • Extension of Coverage: Initially applicable to notified forest land, the Act now extends to revenue forest land and lands recorded as forest in government records.
  • Streamlined Application: Amendments aim to streamline the Act’s application to recorded forest lands, private forest lands, and plantations.
  • Exemptions:
  • Afforestation Encouragement: Proposed exemptions include allocation of forest land for habitation, security infrastructure, and public utility projects.
  • Strategic Projects: Strategic projects related to national security within 100 km of International Borders, Line of Actual Control (LAC), Line of Control (LoC) are exempted. 
  • Development Provisions:
  • Lease Extension: Existing provisions allowing lease of forest land to private entities are extended to Government companies, facilitating development projects.
  • New Forestry Activities:
  • Expanded Activities: Addition of infrastructure for frontline forest staff, ecotourism, zoo, and safari as forestry activities to promote forest conservation.
  • Recognition of Surveys: Surveys and investigations in forest areas are acknowledged as forestry activities.
  • Climate Change Mitigation:
  • Contribution to Climate Goals: Designation of forest areas to support India’s climate change mitigation efforts, aligning with commitments like Net Zero Emission by 2070.
  • Empowerment of Local Communities:
  • Government-owned Initiatives: Establishment of zoos, safaris, and ecotourism projects outside Protected Areas, fostering awareness and livelihood opportunities for local communities.

Challenges related to proposed amendments:

  • Despite the judicial directive, only a handful of states have taken substantive steps to identify and declare areas as “deemed forests” within their territorial boundaries.
  • The lack of clarity regarding the status of such forests has resulted in ambiguity and challenges in effective forest governance.
  • The Centre’s proposed amendments aimed to address the ambiguity surrounding “deemed forests,” particularly concerning recorded forest lands used for non-forestry purposes.
  • Concerns emerged over the potential disincentive for private citizens to engage in activities such as cultivating plantations or orchards due to apprehensions of their land being classified as forests.
  • The proposed amendments triggered public interest petitions, with apprehensions that they could undermine the Act’s objective of forest protection.
  • The amendments were perceived as a threat to India’s carbon sink creation ambitions, necessitating a reevaluation of forest laws.

Court Intervention and Way Forward:

  • The Supreme Court’s directive to compile and disclose states’ efforts in identifying deemed forests by April is a positive step towards transparency and informed decision-making.
  • A dispassionate assessment of ground realities is crucial to inform the ongoing debate and ensure effective forest governance aligned with India’s environmental goals.

Conclusion:

The halt in amending the Forest (Conservation) Act highlights the imperative for clarity on deemed forests. As India strives towards its carbon sink creation goals, a comprehensive understanding of forest status and governance is essential for sustainable environmental management.

Source: 

https://www.thehindu.com/opinion/editorial/calm-assessment-on-the-extent-of-deemed-forest/article67867565.ece/amp/

Mains Practice Question:

The Supreme Court’s decision to suspend the proposed amendments to the Forest (Conservation) Act, 1980, underscores the importance of clarity regarding “deemed forests.” Discuss the significance of defining “deemed forests” and the challenges associated with their identification.