Deemed forest SC nod awaited, BSY govt considers releasing 67% of it-The Indian Express
Published on
Nov-24-2020
· Deemed forest: SC nod awaited, BSY govt considers releasing 67% of it-The Indian Express-16th November
(GS 3- Environment)
In News
· Karnataka government is considering declassification of 6.64 lakh hectares of deemed forests out of the 9.94 lakh hectares.
What’s the Matter?
o In September, Karnataka State Forest Minister told the Karnataka State Assembly that the government would soon declassify 6.64 lakh hectares or 67% out of 9.94 lakh hectares, and hand over the same to revenue authorities.
o Presently, Karnataka’s state government has referred the matter for legal opinion to the state advocate general.
o As per the state government, this was revenue land that had been classified as ‘deemed forest’ by overzealous revenue officials.
o Govt. claims that in the past officials classified a lot of land as deemed forest without considering whether it is needed for grazing, building a hospital and other purposes.
Understanding ‘Deemed Forest’
o Deemed forests refer to land tracts that appear to be a “forest”, but have not been notified so by the government or in historical records.
o A deemed forest fits “dictionary meaning” of a forest, “irrespective of ownership''.
o Deemed forests are already a legal category of forests in some states and they are not defined according to the dictionary definition.
o In other words, these are thickly wooded areas recommended to be taken over by the government for preservation as forests but not notified.
Deemed Forests and Forest Conservation Act, 1980
o Deemed forests are also covered under the Forest Conservation act, 1980.
o The Supreme Court is monitoring enforcement of the Forest Conservation Act, 1980, across the country since 1995.
o Therefore, the larger question is- can government order be issued without informing the Supreme Court?
Similar Demands from Western Ghats Region
o People’s representatives from regions like the Western Ghats have often pushed for reclassification of the deemed forests, claiming many farmers have been affected because of the move.
o There are also a lot of claims for mining licences in these areas, which are rejected on grounds of these being deemed forests.
Implications of Denotifying Deemed Forests
o Any area under deemed forests is under the purview of Forest Conservation Act, 1980 and is subject to strict regulations.
o Any conversion of forest land for a non-forest purpose requires the permission of the Union Govt.
o Since 2013, such forests are also covered under the purview of Compensatory Afforesttaion Act.
o All this means that any kind of human settlement or economic activity in deemed forests is illegal as of now.
Conundrum of Defining Forests in India
o The conundrum of defining forests has been around since the 1980s.
o An all-encompassing definition of 'forest' wasn't possible for India.
o The country had 16 different kinds of forest. A tract of grassland in one State might qualify in one region as forest, but not in another.
o The 1996 Supreme Court judgement expanded the definition of forest to include lands that were already notified by the Centre as forests, that appear in government records as forests as well as those that fell in the “dictionary definition” of forest.
Prerogative of the State
o The freedom to define land, not already classified as forests by the Centre or state records, as forest has been the prerogative of the States stems from the 1996 Supreme Court judgement.
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Uttarakhand Case Study: 2019 o In November 2019 Uttarakhand State Government framed new definition of 'deemed forests' as 'a land patch of 10 hectare or above with 60% canopy density and 75% native plant species.’ Environmentalist’s Response o They feared that such a move will mean vast swathes of land will not come under the protection of the Forest Conservation Act. o The new rules will open forests to builders and planters. Centre’s Response o Following this, Union ministry of forest, environment and climate change pulled up the state government over the new definition of 'Deemed Forest' saying that the states and union territories should not issue any communication violative of Supreme Court directions PIL Contention o The action of the state government is in clear violation of the public trust doctrine, thereby violating the right to a wholesome environment, which is a facet of the right to life guaranteed under Article 21 of the Constitution of India. Hon’ble Uttarakhand High Court o Uttarakhand High Court stayed the 'deemed forest' definition of government.
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Way Forward
o Environment and Development are not antagonistic to each other.
o Rather it is a false dichotomy between the two.
o Environment and development should go hand in hand.
o Policies should be reflective of sustainable development and environmental conservation at the same time.
