Forest Conservation Amendment Act, 2023

Context: The Supreme Court of India has put the 2023 Forest Conservation Amendment Act on hold due to a narrower definition of “forest”.

About Forest Conservation Act 2023

• Objective: Aims to refine and strengthen the provisions of the Forest (Conservation) Act, 1980.
• Applicability: This applies to lands designated as forests since 1980.
• Introduction of Preamble: Introduces a Preamble that recognizes India’s commitment to
  • Achieving Net Zero Emission by 2070,
  • Fulfilling NDC targets by 2030, and
  • Increasing forest cover to a third of the country’s land area.
• Forest Law Application: Enforced in areas under the Forest Act, 1927, designated post-October 25, 1980. Excludes forests converted for non-forest purposes after December 12, 1996.
• Exclusions: The following exemptions are provided for under the act:
  • Border Lands: Exempts land within 100 km of international borders for national security reasons.
  • Rail and Road Infrastructure: Excludes forest land along rail lines or public roads maintained by the government.
  • Small-scale Projects: Allows usage of up to 10 hectares for constructing security infrastructure and afforestation projects.
• Leasing Provisions: State governments must obtain prior central government approval to allocate forest land to entities not under government ownership or control.
• Expansion of Permitted Activities: The following activities have been permitted under the provisions:
  • Broadens permissible activities to include check posts, fencing, bridges, zoos, safaris as per the Wild Life (Protection) Act, 1972, eco-tourism facilities, and silvicultural operations (forest growth enhancement).
  • Allows de-reservation or non-forest use with central government consent.
• Implementation Mechanism: Empowers the central government to issue directives to central and state authorities, union territories, and recognized bodies to ensure effective enforcement of the Act.

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Supreme Court’s Verdict

The Supreme Court directed these guidelines while hearing petitions against the 2023 Amendment act, which was claimed to facilitate further deforestation.

• To restore the broader definition of “forest” from a 1996 T.N. Godavarman Thirumulpad case, affecting 1.97 lakh square kilometres of land not officially declared as forest.
  • The definition of “forest” based on government records post-1980 was rejected.
• The establishment of zoos or safaris now requires the final approval of the Supreme Court.
• The court directed the state governments and union territories to provide detailed information on the forest land within their jurisdiction to the Centre.

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