Daily Current Affairs : 31-July-2023
The Forest (Conservation) Act of 1980 was a landmark legislation aimed at protecting India’s rich forest resources and biodiversity. It limited the use of forests for non-forest activities and sought to safeguard flora, fauna, and other ecological components. Over the years, the Act has undergone several amendments to address evolving challenges in forest conservation.
The Constitutional Mandate for Forest Conservation
When the Indian Constitution was drafted in 1950, forest protection was not explicitly addressed. However, the Constitution (Forty-Second Amendment) Act, 1976, introduced Article 48A in the Directive Principles of State Policy, emphasizing the need to conserve and improve the environment, including forests. Article 51A also made it a fundamental duty of every Indian citizen to maintain and improve the natural environment, particularly forests.
Previous Amendments to the Act
The Forest (Conservation) Act has been amended before. In 1988 and 1996, notable changes were made to the Act. The 1996 amendment expanded the definition of forest land, encompassing all areas recorded as forests in government records, regardless of ownership and classification.
The Recent Amendment
Recently, the Bill to amend the Forest (Conservation) Act was cleared in the Lok Sabha, proposing several significant changes.
Exemptions for Government Projects
- All lands acquired by the Railways and Roads Ministries before 1980 would be exempted from the Act.
- For individuals whose lands fall within a state-specific Private Forests Act or are specified in the 1996 Supreme Court order, construction of residential units up to 250 sq m would be allowed as a one-time relaxation.
- Defence projects near international borders would be exempted from forest clearance, along with permitted oil and natural gas extraction from forested lands.
Revised Scope of the Act
The amended Act would apply to two categories of land: land declared or notified as a forest under various laws and land identified as a forest on government records after October 25, 1980. However, land changed from forest use to non-forest use before December 12, 1996, would not be under the Act’s purview.
Exempted Categories of Land
Certain categories of land would be exempted from the Act’s restrictions, including land within 100 km of international borders for strategic linear projects, small plots for security-related infrastructure, and land proposed for defense projects in left-wing extremism affected areas.
Changes in Assignment/Leasing of Forest Land
The amended Act would require prior approval of the central government for the assignment or leasing of forest land to any entity, including those owned and controlled by the government.
Permitted Activities in Forest Land
The Bill specifies activities excluded from non-forest purposes, including works related to conservation, zoos and safaris, ecotourism facilities, silvicultural operations, and other purposes specified by the central government.
Central Government’s Power to Issue Directions
The central government would have the authority to issue directions for the implementation of the Act to any authority or organization under its recognition.
Concerns and Criticisms
Despite the proposed amendments, several concerns have been raised:
- Facilitating Corporate Ownership: Certain exemptions may facilitate corporate ownership and lead to the disappearance of significant forest areas.
- Detrimental to Forests and Wildlife: Exemptions for Roads and Railways could negatively impact forests and wildlife, including elephants, tigers, and leopards.
- Limited Public Consultation: The one-month time limit for public consultation raised concerns about breaching pre-legislative consultation policy.
- States’ Objections: Some states raised objections related to defining “National importance and National Security” and clarifying the types of security-related infrastructure.
- Unclear Purpose of Zoos: The exemption for zoos inside forests lacks clarity and may adversely affect forest land and wildlife.
Important Points:
- The Forest (Conservation) Act of 1980 aimed to protect flora, fauna, and ecological components and prevent the conversion of forests for non-forest activities.
- The Act restricts state governments and other authorities from making decisions on certain issues without central government permission.
- Constitutional mandates (Article 48A and Article 51A) emphasize the importance of conserving forests in India.
- Previous amendments expanded the Act’s scope to include all areas recorded as forests in government records.
- The recent amendment proposes exemptions for government projects, defense projects, oil extraction, and construction on specified individual lands.
- The amended Act would apply to declared/notified forest land and land identified as forest on government records after October 25, 1980.
- Certain categories of land would be exempted from the Act’s restrictions, including areas near international borders and small plots for security-related infrastructure.
- Prior central government approval would be required for assigning or leasing forest land to any entity, including government-owned ones.
- The amended Act specifies activities excluded from non-forest purposes, but concerns have been raised about the exemption for zoos and other projects.
- Concerns include facilitating corporate ownership, negative impacts on forests and wildlife, limited public consultation, and objections from some states.
- Striking a balance between development and environmental preservation is essential, and addressing concerns is crucial for sustainable forest management in India.
Why In News
The Bill to amend the Forest (Conservation) Act, which passed through the Lok Sabha recently, aims to bolster sustainable forest management and foster greater protection of India’s rich biodiversity. This crucial legislative update is expected to pave the way for enhanced collaboration between government agencies, local communities, and environmental organizations in preserving our precious forests for future generations.
MCQs about Amendments to India’s Forest (Conservation) Act
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What was the primary aim of the Forest (Conservation) Act of 1980?
A. To promote non-forest activities in protected areas.
B. To protect flora, fauna, and ecological components.
C. To encourage the conversion of forest reserves into agricultural lands.
D. To grant unrestricted power to State Governments for forest management.
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Which Constitutional mandate emphasizes the need for forest conservation in India?
A. Article 48A
B. Article 51A(g)
C. Article 370
D. Article 42
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What is one of the concerns raised regarding the recent amendments to the Forest (Conservation) Act?
A. Exemption of zoos and ecotourism facilities from forest clearance.
B. Limited time for public consultation during the amendment process.
C. Allowing construction of residential units on government forest land.
D. Reducing the power of the central government in forest management.
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Under the recent amendment, which category of land is exempted from the Forest (Conservation) Act’s restrictions?
A. Land declared or notified as a forest on or after October 25, 1980.
B. Land changed from forest use to non-forest use before December 12, 1996.
C. Land within 50 km of international borders.
D. Land identified as a forest on government records before 1980.
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What is the purpose of the recent amendment’s exemption for zoos inside forests from requiring prior approval under the Forest (Conservation) Act?
A. To promote wildlife conservation and education.
B. To encourage eco-friendly tourism in forest areas.
C. To expedite the process of establishing zoos.
D. To reduce bureaucratic hurdles for zoo construction.
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