Forest Conservation Act: Proposed Amendments, Its Need And Related Concerns
The Environment Ministry has sought suggestions over the amendments it has proposed in the Forest Conservation Act, 1980
The central government is planning to amend the Forest Conservation Act (FCA). On October 2, the Ministry of Environment, Forests, and Climate Change (MoEFCC) uploaded a Consultation Paper on its website. The paper included the amendments that the government wants in the FCA. It sought suggestions and comments from the public within 15 days, that is, till October 17.
The act was originally introduced in 1980 to conserve forests as it required the permission of the central government for any non-forestry activity on a land notified by the state government as forest land.
The Proposed Amendment:
The proposed amendments say that Deemed forests listed by state governments up to 1996 will continue to be considered forest land. However, the land that was acquired by the Railways and the road ministries before 1980, but on which forests came up, will no longer be considered forests.
This provision is inserted to reverse a 1996 judgment given by the Supreme Court (SC).In 1996, the Supreme Court in one of its judgments expanded the meaning of "forest" to any land that was recorded as "forest” in any government record, irrespective of ownership, recognition, and classification. Before this judgment, the provisions of the Act were only applied to the forests notified under the Indian Forest Act, 1927 or any other local law, and to forests that were under the management or control of the Forest Department.
The SC verdict made it difficult for private landowners having forest areas to commence any construction activity on their land.
Another important amendment proposed seeks to do away with the prior permission of the central government, which is currently required to take, in relation to projects in border areas, and of national and strategic importance.
The consultation paper also includes provisions that allow oil and mineral extraction in a forest area from outside the forest, that is, Extended Reach Drilling (ERD).
Why it is important:
The government says that the proposed amendments would allow private landowners to use their land in productive ways, allow the use of government land that is currently left idle, and help to improve the strategic infrastructure in the border areas.
Political concerns:
Opposition leaders and environmentalists have raised questions over the intents of the government, however.
Environmentalists say that these amendments may further the process of deforestation in India. Also, the language of the proposal is vague, including subjective terms such as "strategic", "national security", etc.
"The proposed amendments appear less about conserving forests and addressing environmental concerns and more to facilitate the takeover of forest land and make it cheaper and easier for corporates, intending to take the benefits of privatization", wrote Communist Party of India (Marxist) Polit Bureau member, Brinda Karat, in a letter to Environment Minister Bhupendra Yadav.
Questions are also being raised on the short period that the government has given to the public for suggestions.
After the suggestion process is over, the government will make further amendments to the draft based on the suggestions before presenting a bill before Parliament for discussion.
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