Mains Marathon

Approach

Start by giving a brief about the bill. Discuss its key provisions and issues of the bill. Conclude accordingly.

Answer:

Recently, the Forest (Conservation) Amendment Bill 2023 has been passed by both the Lok Sabha and Rajya Sabha.

• The proposed Bill brings amendments to the Forest (Conservation) Act of 1980, extending its applicability to specific categories of land. This expansion encompasses land that has been officially designated as a forest either under the Indian Forest Act of 1927 or through government documentation after the enactment of the 1980 Act.

Key Provisions of the Forest (Conservation) Amendment Bill 2023:

• Scope and Name Change: The Bill widens the scope of the Act by introducing a Preamble.
  • The Act's title is modified to Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980, reflecting its potential impact.
• Applicability to Different Lands: Initially limited to notified forest land, the Act's scope was expanded to include revenue forest land and lands documented as forests in government records.
  • The amendments aim to streamline the Act's application to recorded forests, private forests, and plantations.
• Exemptions: The Bill introduces exemptions to promote afforestation and non-forest plantation.
  • Exemptions include dedicating 0.10 ha of forest land for road and railway connectivity, up to 10 ha for security-related infrastructure, and up to 5 ha in Left Wing Extremism Affected Districts for public utility projects.
  • Certain strategic projects within 100 km of international borders, Line of Actual Control (LAC), and Line of Control (LoC) are included.
• Provisions for Development: The Bill extends existing provisions for leasing forest land to private entities, now also encompassing Government companies.
  • This change facilitates development projects and ensures uniform implementation of the Act.
• New Forestry Activities: New activities like frontline forest staff infrastructure, ecotourism, zoos, and safaris are introduced for forest conservation.
  • Surveys and investigations within forest areas are now categorized as forestry activities.
• Climate Change and Conservation: The Bill underscores the contribution of these areas to India's climate change mitigation efforts, aligning with international commitments such as achieving Net Zero Emissions by 2070.
• Empowerment of Local Communities: Encouragement is given for government-owned establishments like zoos, safaris, and ecotourism projects outside Protected Areas.

Concerns Related to the Bill:

• Objections to Hindi Name: The Act's new Hindi name faced objections due to its perceived lack of inclusivity, excluding non-Hindi speaking populations in South India and the North-East.
• Ecological Impact: Concerns have arisen over the potential ecological impact of Bill's proposed exemptions, particularly regarding strategic projects near international borders. Sensitive regions like the Himalayan, trans-Himalayan, and northeastern areas could be affected.
• Impact on Indigenous Communities: The Bill's passage could result in the erosion of rights for indigenous communities residing along India's borders. Insufficient assessment and mitigation plans for clearances might endanger biodiversity and trigger extreme weather events.
• Limited Applicability: The Bill's applicability is confined to areas recorded as forests after October 1980. This exclusion might leave out significant forest land and biodiversity-rich zones, making them susceptible to sale, diversion, clearance, and non-forestry exploitation.
• Center-State Balance: The jurisdiction of forest conservation falls under the Concurrent List, where both the Central and State governments have roles. Some State governments argue that the proposed amendments could tilt the balance in favor of the Center, potentially impacting State authority in forest conservation matters.

The 1980 Act aimed to combat deforestation, necessitating central government approval for non-forest land use. Allowed forest activities focused on conservation and management. The Bill expands this list to include silviculture, eco-tourism, and seismic surveys. While these activities can aid economic development, replacing individual assessments with a blanket exemption for balancing economic gains and forest conservation warrants clarification.