JPC clears all amendments to Forest Conservation Act including preamble

The Joint Parliamentary Committee on the Forest (Conservation) Amendment Bill, 2023, has approved all proposed amendments to the principal Act, including the addition of a preamble and renaming it to Van (Sanrakshan Evam Samvardhan) Adhiniyam while specifying areas included in its purview.

The main purpose of the bill is to provide clarity on what qualifies as a forest, thereby bringing such areas under the provisions of the Forest Conservation Act (FCA).

The Forest (Conservation) Amendment Bill, 2023, was introduced in the Lok Sabha on March 29 and referred to a 31-member joint committee of both Houses on the same day.

In its 201-page report tabled on Thursday, the Joint Parliamentary Committee (JPC) stated that it received 1,309 memoranda, including comments from experts, state governments, departments, public sector undertakings, ministries and defence forces, as well as four notes of dissent from opposition members of the committee.

The key amendments proposed to the principal Act include the insertion of a preamble that emphasises India's commitment to conserving forests, biodiversity and addressing the challenges posed by climate change, as well as changing the name to Van (Sanrakshan Evam Samvardhan) Adhiniyam.

The amendments also specify that the Act will only apply to lands officially recognised as a 'forest' in any government record on or after October 10, 1980. If forest land was legally diverted for non-forest use between 1980 and 1996, the Act would not apply.

Some experts previously expressed concern that the amendments could weaken the Supreme Court's 1996 judgment in the Godavarman case that extended protection to vast areas of so-called deemed forests (those not officially recorded as forests).

The bill also exempts forest land within 100 kilometres of international borders and land to be used for "strategic and security-related projects of national importance", as well as land ranging from 5-10 hectares for security and defence projects, from the Act's stipulations.

Replying to a question by the JCP on the applicability of the Act, the director general of forests in the environment ministry said, "It is a misconception that if trees are planted on the banks of roads or canals, the Forest Department will consider it as a deemed forest and whenever a proposal for land transfer or diversion comes, the provisions of the FCA will apply."

According to the ministry, the apex court in the Godavarman case had said all states should define and declare their deemed forest areas.

"But some people did it and some people did not, so the misconception remained that if there is a green patch somewhere and if a private person plants a forest, then the FCA will be applicable.

"Due to this reason many people have given up agro forestry. Now since these misconceptions will be cleared, the concept of agroforestry will be more stable and people will be attracted towards it and our area which is 'Tree Outside Forest' will grow," it said.

The ministry further clarified that the amendments do not dilute the Supreme Court's order and that all forests in records of the government, forest departments, local bodies or authorities will still fall under the Act's provisions.

Regarding concerns about the potential impact on pristine forests and wildlife near border areas, the ministry said environmental safeguards would be considered when granting exemptions to strategic projects near international borders. The Centre will include safeguards, impact assessments, mitigation measures and other requirements to ensure compliance with the terms and conditions.

The ministry also addressed concerns raised by forest rights groups, saying the proposed amendments would not infringe upon the Forest Rights Act, 2006, Panchayats (Extension to Scheduled Areas) Act, 1996, or the LARR Act, 2006.

The processes outlined in these laws, including the consent of Scheduled Tribes and other traditional forest dwellers under the Forest Rights Act, 2006, will not be affected by the proposed amendment, it said.