On the fifth day of the ongoing Parliament Monsoon Session, the Lok Sabha passed the Forest (Conservation) Amendment Bill 2023 on Wednesday (July 27). The bill was tabled in the House by Union Minister for Environment, Forest and Climate Change Bhupender Yadav. The bill, which provides for contentious exemptions for constructions on forestland, was passed amidst the protests against Manipur violence from the Opposition.
During the debate on the bill, Union Environment Minister Yadav mentioned three quantitive goals, citing international commitments on the climate crisis and Nationally Determined Contributions. He claimed the first two objectives had been accomplished nine years in advance, but the third objective, to build a carbon sink of 2.5 to 3.0 billion tonnes of CO2 equivalent, has not been realised yet. "For that, we need to focus on agroforestry and enhance tree cover. The third goal is not only important for India but for the entire globe," the minister said in the Lok Sabha.
Highlights of the Bill
- The Bill amends the Forest (Conservation) Act, of 1980 to include specific categories of land in its scope. These include land designated as forests under the Indian Forest Act of 1927 or which appeared in official records after the 1980 Act came into effect. Before December 12, 1996, land which was used for a non-forest purpose would not come under this Act.
- It also excludes some types of land from the purview of the Act. These include land needed for national security initiatives within 100 km of India's border, minor roadside amenities, and public roadways leading to habitation.
- To assign any forest land to a private enterprise, the state government needs prior consent from the central government. This has been made universal by the Bill, which also allows assignment under criteria determined by the federal government.
- The Act details specific activities that are permitted in forests, including building bridges, checkpoints, and fences. Moreover, the Bill permits the operation of zoos, safaris, and eco-tourism facilities.
Key Features:
Land under the ambit of the Act
The Bill specifies that two types of land will be under the purview of the Act: (i) land designated as a forest under the Indian Forest Act of 1927 or under any other law, or (ii) land not included in the first category but designated as a forest on or after October 25, 1980, in a government record. Additionally, the Act will not be applicable to any area that was converted from a forest to a non-forest on or before December 12, 1996, by a state or Union Territory.
Exempted types of land
The Bill exempts some types of land from the provisions of the Act, including forest land next to a rail line, a public road maintained by the government that provides access to habitation or a rail, and roadside facilities that are not larger than 0.10 hectares. The following forest land will also be exempted: (i) land located within 100 kilometres of an international border, the Line of Control, or the Line of Actual Control for the construction of a strategic linear project of national importance and pertaining to national security; (ii) land up to 10 hectares for the construction of security-related infrastructure; or (iii) land proposed for the construction of defence-related projects, paramilitary camps, or public utility projects up to five hectares in left-wing extremism affected area. These exemptions will be subject to the terms and conditions outlined in the central government's regulations.
Assignment of forest land
The Act mandates state government to take the prior approval of the central government to assign forest land to any entity which is not government-owned or controlled. In the Bill, this condition is extended to all entities, including those owned and controlled by the government.
Permitted activities in forest land
The Act places restrictions on the use of forest land for non-forest activities and the de-reservation of forests. With the central government's prior approval, these limitations may be lifted. Land used for horticulture crop cultivation or any other purpose except reforestation is used for non-forest purposes. The Act outlines specific activities that will not be considered non-forest purposes, hence any limitations on the use of forest land for such reasons will not be enforced. These activities include works like setting up checkpoints, fire lines, fencing, and wireless communication that are related to the preservation, management, and development of forests and wildlife.
Amendments to act as a milestone
It is worth mentioning here that the amendment proposed in the Bill as passed by the Lok Sabha will refurbish the spirit of the Act for the conservation and augmentation of forests. These amendments will act as a milestone in the enhancement of the productivity of forests, raising plantations outside forests and strengthening the regulatory mechanism besides catering to the livelihood aspirations of the local communities.
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