Forest Conservation Act 1980

Why in news?

The Ministry of Environment, Forests and Climate Change (MoEFCC) has issued proposed changes in the Forest (Conservation) Act, 1980 to bring significant changes to forest conservation in India.

What is it?

 Forest Conservation Act 1980 –

• The Forest Conservation Act of 1980 (FCA, 1980) is an act by the Parliament of India which ensures the conservation of forests and their resources.
• The forest Conservation Act, 1980 came into force to address deforestation.
• It prohibits the felling of forests for any “non-forestry” use without prior clearance by the central government.
• It prohibits the State Government, except prior permission from the central government for issuing orders directing:-

o   Any reserved forest or any portion thereof, shall cease to be reserved.

o   Any forest land or any portion thereof may be used for any non-forest purpose.

o   Any forest land or any portion thereof may be assigned by way of lease or otherwise to any private person or to any authority, corporation, agency or any other organisation not owned, managed or controlled by Government.

o   Any forest land or any portion thereof may be cleared of trees which have grown naturally in that land or portion, for the purpose of using it for reafforestation.

• Under the act, Non-Forest purpose means the breaking up or clearing of any forest land or its portion for-

1. The cultivation of tea, coffee, spices, rubber, palms, oil-bearing plants, horticultural crops or medicinal plants.
2. Any purpose other than reforestation.

It does not include any work relating to conservation, development and management of forests and wildlife, namely, the establishment of check-posts, fire lines, wireless communications and construction of fencing, bridges and culverts, dams, waterholes, trench marks, boundary marks, pipelines or other like purposes.

• Under FCA, The Central Government has the power to make rules for carrying out the provisions of this Act.
• Any person aggrieved may file an appeal to the National Green Tribunal.
• Offences made by Authorities or Government Departments are punishable.
• Penalty for contravention of the provisions of the Act: The contravention of any of the provisions of the act, shall be punishable with simple imprisonment for a period which may extend to fifteen days.
• The Central Government may constitute an advisory committee to advise the government with regard to forest conservation.

Definition of Forest- 

• The Supreme Court in TN Godavarman Thirumulpad versus Union of India and Others (1996), have defined forest as,

o All areas which are recorded as ‘forest’ in any government record, irrespective of ownership, recognition and classification.

• Forest lands in India include unclassified forests, undemarcated forests, protected forests, reserved forests, existing or deemed forests, sanctuaries and national parks etc.

What are the proposed amendments? 

• Exemptions for Road and Railways: The unused land with vegetation which is acquired by various ministries like Railways, Road etc, before 1980,is proposed to be exempted from the act. These lands were acquired to construction or expansion purposes, will no longer need clearance for their projects.
• Private land under forest act: Present definition of forest, restrict the right of an individual to use his/her own land for any non-forestry activity. The government proposes to allow the construction of structures including residential units up to 250sqm as a one-time relaxation.
• Development of defence projects near international borders will be exempted from forest clearance. As it delay the projects of national importance.
• Oil and Natural Gas Extraction: New environment-friendly technologies for extraction of oil and natural gas found deep beneath the forest land by drilling holes from outside the forest areas are coming up. The use of such technology is quite environment-friendly and as such should be kept outside the purview of Act.
• Exclude ecotourism from the non-forest activities: Activities related to the conservation of forests and wildlife like the establishment of zoos, safaris, and forest training infrastructures are proposed to be exempt from the definition of non-forestry purposes.
• State governments would not require prior permission from the Union government to lease forest land to private citizens.

What are the concerns? 

• By allowing private land use as a right of an individual can diminish the ecosystem. And will enhance deforestation.
• The development projects without prior permission will accelerate the plundering of tree growth, to make way for their projects. Eventually, the amended Act will lead to deforestation.
• The amendments do not address forest-dwelling communities and tribes whose livelihoods and rights are likely to be affected.
• The establishment of zoos, safaris, and forest training infrastructures would disturb wildlife.

Various provisions for forest conservation-

• Article 48-A of the constitution states that the state shall endeavor to protect and improve the environment and safeguard the forests and wildlife of the country.
• Article 51A- Protection of the environment is a Fundamental Duty of every citizen under Art. 51A of the Constitution of India. It mandates every citizen to protect forests, lakes, rivers, wild animals etc.
• Forest-The 42nd Amendment to the Indian Constitution of 1976 moved forests from the State List to the Concurrent List of the Constitution.

Conclusion-

Forests are useful for various purposes as they provide food, shelter, and wood, they also maintain ecosystems. There has been a significant reduction in forest land throughout the world which is raising concern. Deforestation at the same rate is a threat to wildlife.

Therefore saving the forests should be utmost attention.