Even as the country grapples with fast-disappearing green cover, a new draft legislation could pave the way for more such diversions of forest land for other activities. The Lok Sabha on Wednesday passed the Forest Conservation (Amendment) Bill, 2023 that amends the 40-year-old Forest Conservation Act, 1980.
Merely 21.7% of India’s geographical area is covered by forests. That includes all patches of land with a tree canopy density of more than 10% and with area having more than 1 hectare, irrespective of ownership and species of these trees.
However, over the years, large tracts of the forest land have been diverted for other uses — infrastructure projects, industries, agriculture and habitations. The diversion of forest land nearly doubled from 6,000 hectares to 10,000 hectares a year since 2014. A total 52,932.06 ha of forest land has been diverted from 2019 to 2022, as told to Parliament.
If notified in its current form, the Forest Conservation (Amendment) Bill, 2023 will withdraw protection provided to more such forests accorded under the existing Act. This fundamentally changes the core of the Forest Conservation Act, 1980, which was enacted to prevent deforestation for development purposes. It had made it mandatory to seek prior permission from the Central government to de-reserve any reserved forest, use it for non-forestry purposes or assign it to a private entity on lease and clear the naturally grown trees for reforestation.
Why Government Says it is needed?
The government says the proposed law is the need of the hour since there is change in the ecological, social and environmental regimes and policies relating to conservation and development of forests during the last four decades since the enactment of the original Act, and to keep its provisions in tandem with the dynamic changes in the ecological, strategic and economic aspirations of country.
Another pressing issue for the government is to fast-track the strategic and security related projects of national importance so as to ensure development of vital security infrastructures, especially along the international border areas such as Line of Actual Control, Line of Control and Left-Wing Extremism affected areas.
In line with that objective, the draft bill may open up the country’s forest land for diversion as it exempts forest land within 100 kms of India’s national borders from the purview of the Act to fast-track construction of strategic and security-related projects. Such land will be exempted from seeking forest clearances from the central government. The government says the final bill has been brought after being considered by a Joint Parliamentary Committee earlier this year.
Implications on Forest Cover
This legislation is likely to have wide-ranging implications for Himalayan states as well as north-eastern states where forests lands can be diverted for such projects. The adverse impacts on wildlife and biodiversity in these areas cannot be ignored either. It also grants exemptions to forest land that may be required to provide access to small establishments and habitations on the side of public roads and railways.
Through the proposed legislation, the environment ministry basically limits the applicability of the Act to certain types of land. It excludes forest land that was converted to non-forestry use before December, 1996, and that has not been notified as forest from the purview of the Act. This essentially means that the forest land will lose protection under the Act and be available for industrial projects.
Development vs Conservation?
The bill is among the many proposed environment legislations that also plans to further the environment ministry’s goal of promoting ‘ease of doing business’. It already lauds its decisions that reduced the time taken to provide environmental clearances for projects from 105 days to close to 75 days.
For years, forests have been seen as dispensable resources that can make way to meet other ‘bigger’ objectives – infrastructural development. But whether it’s Joshimath, or the recent floods – the climate disasters have shown how these decisions have backfired. So is the more pressing need now to protect and conserve what is left of our natural forests?
More Diversion Activities on Forest Land
The bill also gives blanket exemption to specific activities that can be carried out in forests such as establishing check posts, fencing, bridges as well as running zoos, safaris and eco-tourism facilities. Zoos and eco-tourism is definitely not the kind of conservation we need.
The government may also prepare terms and conditions for taking “survey such as reconnaissance, prospecting, investigation or exploration including seismic survey,” out of the definition of “non-forest purpose”.
Climate Action or Green-Washing?
Another key point that concerns experts is the draft bill’s encouragement for plantation on non-forest land over natural forests as part of climate action.
India has committed to increase the forest or tree cover for creation of carbon sinks for additional 2.5 to 3.0 billion tonnes of CO2 equivalent by 2030. This requires more plantation activities. According to the ministry, it was important to bring more clarity and clear certain apprehensions regarding plantations raised in private and government non-forest lands.
The government says it is broadening the horizons of the Act but the conservation experts are not convinced.
Comments
0 comment