Forest Conservation Act 1980, Objectives, Features, Amendments

Context: The Supreme Court has ordered all States and Union Territories to complete the identification of forests in their jurisdiction in letter and spirit.

Forest Conservation Act 1980

The Forest Conservation Act 1980 is an important legislation enacted by the Government of India to regulate the diversion of forestland for non-forestry purposes. The Act was passed in response to the growing concern over the rapid depletion of India’s forests, which had serious environmental and ecological consequences.

• It was enacted to consolidate the law related to forest, the transit of forest produce and the duty leviable on timber and other forest produce.
• The Act deals with the four categories of forests, namely reserved forests, village forests, protected forests, and private forests.
• Section 2 of the act lists four criteria where permission of the Central Government is required for any action of the State regarding:
  • Declaring that any reserved forest ceases to be reserved.
  • Use of forestland for non-forest purposes.
  • Leasing forest to any private person.
  • Declaring that any forest land may be cleared of trees that have grown naturally in that land to use for reforestation.

Forest Conservation Act 1980 Objectives

The Forest Conservation Act 1980 seeks to balance the competing interests of development and environmental conservation. Its key objectives include: 

• To conserve forests and ensure their sustainable management.
• To regulate the diversion of forestland for non-forestry purposes, such as mining, industrial projects, or infrastructure development.
• To ensure that any diversion of forestland is done only for a specific purpose and with the prior approval of the central government.
• Compensate for any loss of forest cover that may occur due to such diversions by undertaking afforestation and reforestation activities. 

Key Highlights of the Supreme Court’s Order

• The Supreme Court has warned that Chief Secretaries of States and Administrators of Union Territories will be held personally liable if they fail to constitute expert committees to identify forests in their jurisdiction within a month.
• Additionally, the court has mandated the preparation of consolidated records of these lands within the next six months.

Non-Compliance with the Van (Sanrakshan Evam Samvardhan) Adhiniyam Rules, 2023

• The Centre’s legal representative pointed out that most States have not completed the consolidation of forest land records as required under Rule 16(1) of the Van (Sanrakshan Evam Samvardhan) Adhiniyam Rules, 2023.
• Rule 16 mandates that “forest-like areas” and unclassed and community forest lands identified by expert committees be protected under law.

Amendments to the Forest (Conservation) Act, 1980

• The Forest (Conservation) Act, 1980 was enacted to prevent deforestation and maintain ecological balance.
• What Did the 2023 Amendments Change?
  • Introduced Section 1A, which narrowed the definition of ‘forest’ to:
    • Declared forests
    • Lands recorded as forests in government records after 1980
  • Concerns Raised by Petitioners:
    • Petitioners argued that Section 1A weakened forest protection by excluding nearly 97 lakh sq km of undeclared forest lands

Forest Conservation Act 1980 Salient Features

The salient features of the Forest Conservation Act 1980 aim to regulate the diversion of forestland for non-forestry purposes, ensure the sustainable use of forest resources, and promote afforestation and reforestation activities. These include: 

Forest Conservation Act 1980 Amendments

The Forest Conservation Act 1980 has been amended several times over the years to address various issues and make it more effective in conserving forests and regulating the diversion of forestland for non-forestry purposes. Some of the notable amendments are:

Forest Conservation Act 1980 Limitations

While the Forest Conservation Act 1980 is an important piece of legislation that has helped to protect India’s forests and regulate the diversion of forestland for non-forestry purposes, it has certain limitations that have prevented it from achieving its full potential. Some of the limitations are:

• Limited Implementation: Despite the Act’s provisions, forest diversion for non-forestry purposes continues to take place, sometimes illegally. The implementation of the Act has been weak in some areas, leading to the degradation and loss of forest cover.
• Inadequate Compensation: The Act provides for the payment of compensation for the loss of forest cover due to the diversion of forestland, but the amount is often inadequate, and the funds are not always utilized for afforestation and reforestation activities.
• Limited Tribal and Community Participation: The Act requires consultation with the affected tribal communities before approving the diversion of forestland, but in practice, their participation is often limited, and their concerns are not adequately addressed.
• Lack of Transparency: The decision-making process for forest diversion under the Act lacks transparency, making it difficult for stakeholders to understand the basis for the approvals.
• Limited Scope: The Act focuses primarily on the conservation of forests and the regulation of forestland diversion but does not address issues such as forest management, biodiversity conservation, and sustainable use of forest resources.
• Exemptions: The Act provides exemptions for certain categories of projects, such as those related to national defence and security, which may lead to the diversion of forestland without adequate scrutiny. 

Forest Conservation Act 1980 UPSC

The Forest (Conservation) Act, 1980, is an important topic for the UPSC (Union Public Service Commission) exam, especially for the Environment and Ecology section. The Act is a crucial piece of legislation that aims to protect India’s forests and regulate the diversion of forestland for non-forestry purposes.

Aspirants should have a good understanding of the salient features of the Act, including the central government’s approval for forestland diversion, the requirement for compensation for the loss of forest cover, and the consultation process with state governments and tribal communities.

Sharing is caring!