Introduction
The recent modifications to the Forest (Conservation) Act, of 1980, signify India’s evolving approach to harmonize developmental imperatives with environmental preservation, as highlighted by the Forest (Conservation) Amendment Act 2023 (FCA).
Key Provisions:
- Land under the Act: The amendment categorizes land into two types—(i) declared forests under existing laws or (ii) areas not initially declared as forests before Oct 25, 1980, but subsequently classified as such. The Act excludes land converted to non-forest use by Dec 12, 1996, with state/UT permission.
- Exemptions for Certain Land: The legislation proposes allowing 0.10 ha of forest land for road and rail connections, up to 10 ha for security infrastructure, and up to 5 ha in Left Wing Extremism Affected Districts for public projects. Notably, this encompasses strategic security projects within 100 km of International Borders, LAC, and LoC.
- Assignment/Leasing of Forest Land: Central government approval is mandated for assigning forest land to non-government entities, a requirement extended to government-owned and controlled entities. The approval process must adhere to terms set by the central government.
- Permitted Activities in Forest Land: The Act limits non-forest use of forest land, subject to central government approval. Exemptions include activities related to forest and wildlife conservation, such as check posts, fire lines, fencing, and communication.
Impact on India’s Forest Ecosystem:
- Positive Impact: The provisions of the Amendment Act open avenues for eco-tourism and conservation projects, fostering sustainable development and encouraging public participation in forest conservation.
- Negative Impact: Specific exemptions for designated land categories, particularly in proximity to borders, may heighten risks of deforestation, habitat loss, and biodiversity decline. Relaxed regulations might accelerate forest cover reduction in environmentally sensitive areas, impacting indigenous communities and wildlife.
Critical Analysis:
- Ecological Concerns: The exemptions raise valid ecological concerns, particularly regarding potential environmental degradation in ecologically sensitive zones. These areas serve not only as biodiversity reservoirs but also as vital buffers against natural disasters.
- Rights of Indigenous Communities: Unintended marginalization of indigenous communities, especially in border regions, could occur under the Act. Safeguarding their rights and traditional knowledge is crucial for holistic conservation efforts.
- Limited Applicability: Restricting the Act’s application to forests recorded post-1980 poses a risk of neglecting critical forest areas, potentially leading to unsustainable exploitation.
- Centralization vs. Federalism: The Act must strike a careful balance between the central government and state responsibilities in forest conservation, respecting the federal spirit of the Indian Constitution.
The Forest (Conservation) Amendment Act 2023 represents a significant stride in reshaping India’s approach to forest conservation. However, it is imperative to approach its provisions judiciously, ensuring a delicate equilibrium between conservation and development.
In case you still have your doubts, contact us on 9811333901.
For UPSC Prelims Resources, Click here
For Daily Updates and Study Material:
Join our Telegram Channel – Edukemy for IAS
- 1. Learn through Videos – here
- 2. Be Exam Ready by Practicing Daily MCQs – here
- 3. Daily Newsletter – Get all your Current Affairs Covered – here
- 4. Mains Answer Writing Practice – here