Striking a Balance: India’s Forest Conservation Amendment Bill, 2023

Forests are invaluable natural resources crucial in maintaining ecological balance and combating climate change. Like many other nations, India is committed to preserving its forests to achieve sustainable development goals.

The Forest (Conservation) Amendment Bill, 2023, passed by the Lok Sabha on 26 July 2023, aims to amend the existing Forest Conservation Act (FCA) 1980. While the amendments address specific challenges in forest conservation and align with India’s international commitments. They have also raised genuine concerns among various stakeholders.

Greenwashing attempts by the Indian government have now come to the forefront after the latest amendments in FCA. Over the past few years, several steps have been taken to green-sheen all government developmental strategies. Now focusing on relaxing the forest guidelines, the new Bill makes it a business that can lead to approved projects in tribal regions.

Harsh Chouhan, Chairperson of the National Commission for Scheduled Tribes opposed this trampling of Adivasi rights. Now that he has resigned from his post, the question remains unanswered.

What exactly does this amendment seek to achieve?

The Forest (Conservation) Amendment Bill 2023 seeks to achieve several important objectives. The Bill supports India’s vision of achieving Net Zero emissions by 2070 by maintaining and enhancing forest carbon stocks.

It targets the creation of a carbon sink of an additional 2.5 to 3.0 billion tons of CO2 equivalent by 2030. With a vision of increasing forest and tree cover to one-third of the land area, the Bill further encourages cultivating plantations on non-forest lands to enhance tree cover and act as a carbon sink. The amendments provide exemptions for certain forest lands required for national security projects. And the construction of strategic linear projects near international borders, line of control and areas affected by left-wing extremism. It also aims to create livelihood opportunities for those residing on the forest periphery. The Bill clarifies the scope of applicability of the FCA, 1980, to include lands declared as forests under various laws and government records.

Implementing the Forest Rights Act in 2006 introduced the local community as an authority with rights over the forest. In the Niyamgiri case 2013, the Supreme Court confirmed the local community’s entitlement to participate in decision-making. As a result, the Vedanta bauxite mining project was called off since numerous villages withheld their consent for the diversion.

Including the preamble into FCA can be seen as an attempt to appear eco-friendly (greenwash), but the fundamental changes lie in the main amendments, which weaken existing regulations. One significant amendment limits the scope of the law only to cover land officially recognized as “recorded forest,” effectively nullifying the impact of the Godavarman order. Consequently, this opens the possibility of allowing mining in forests like Niyamgiri, where most of the land is not formally classified as notified forests. This issue also affects many forests in Odisha and the northeastern states.

Concerns and Criticisms

While the Forest (Conservation) Amendment Bill, 2023, has merits, it has also been criticized. Critics argue that the amendments will essentially dilute the Supreme Court’s 1996 judgment in the Godavarman case. This might put natural forest areas at risk of unrestricted land use changes. The blanket exemption of forest land within 100 kilometers of international borders raises concerns for the entire northeastern region, leaving it outside the ambit of the 1980 Act. This might endanger the conservation of ecologically sensitive areas.

Some stakeholders are concerned that the Bill’s provisions might lead to land encroachment and displacement of indigenous communities living in or near forested areas. The Bill’s amendments could pose challenges in demarcating forest lands, especially with inadequate forest records. This could lead to potential misuse of the exemptions.

Way Forward

The Forest (Conservation) Amendment Bill 2023 is undoubtedly a significant step towards addressing India’s environmental goals and infrastructure needs. However, it requires careful implementation to strike a balance between conservation, national security and community well-being. Adequate measures must be put in place to protect ecologically sensitive areas and ensure transparency in the utilization of forest resources. The blatant green-gutting of India’s pristine forests might lead to violent responses from tribes in sensitive areas and a backlash from environmentalists.

By fostering collaboration between the government, local communities and environmental organizations, India can effectively conserve its invaluable forests for future generations. The passage of the Bill marks a milestone in India’s journey toward sustainable development and must be accompanied by effective execution to achieve its intended objectives.

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