Context- Recently, the Supreme Court of India asked the governments to follow ‘broad’ definition of forests.
The Forest (Conservation) Act, 1980
- It was enacted to ensure the conservation of forests and their resources.
- The term ‘forest’ stated in Section 2 of the Act refers to reserved forest, protected forest, or any area recorded as forest inside the government information.
- Lands notified below Section 4 of the Indian Forest Act also come inside the purview of the Act.
- The provisions of the Forest (Conservation) Act, 1980 extend to all regions recorded as forest in government statistics and the areas which can be described as forest as per its ‘dictionary meaning’ irrespective of ownership.
T.N. Godavarman Thirumalpad vs Union of India (1996)
- The Supreme Court of India, in TN Godavarman Thirumulpad vs Union of India Case, found that the ‘forest’ has to be understood in terms of its dictionary meaning.
- It defined ‘forest’ to include any piece of land that resembles the dictionary meaning forest for the motive of the Forest (Conservation) Act, 1980.
- It ruled that the Forest (Conservation) Act applies to all land parcels that had been either recorded as ‘forest’, or which resembled the dictionary meaning of forest.
- This definition changed into in addition clarified in an period in-between order surpassed by the Supreme Court.
- It covers all statutorily identified forests, whether or not special as reserved, protected, or in any other case.
- It is meant to ensure that the protection and conservation of forests are prioritised in India.
Forest Conservation (Amendment) Act of 2023 and related issues
- Narrowing the Definition of Forest: It narrowed the definition of forest through putting the Section 1A inside the Act, and contradicts the Supreme Court’s 1996 order, probably jeopardising criminal safeguards for one-fifth to one-fourth of India’s forests.
- According to it, a land must be both notified as a forest or particularly recorded as a forest in a central government report to qualify as a ‘forest’.
- Infrastructure Vs Environment: It exempts linear initiatives close to borders, assisting infrastructure development critical for national security.
- Private Players and Economic Exploitation: It encourages personal entities to undertake afforestation tasks, contributing to environmental conservation, and helps financial exploitation by putting off certain forest areas from criminal jurisdiction.
- Limited Public Discourse: It has emerged with constrained public discourse, raising issues about its ramifications for forests and indigenous communities.
Definition of Forest under the State of Forest Report
- Forest is described by any united states of america relying upon the capacities and abilities of the country, structurally on the premise of:
- Crown Cover Percentage: 10 to 30% (10% for India);
- Minimum Area of Stand: Area between 0.05 and 1 hectare (India 1.0 hectare); and
- Minimum Height of Trees: Potential to attain a minimum top at maturity in situ of 2 to 5 metres (2 metres for India).
- The forest cover is described as ‘all land, more than one hectare in area, with a tree canopy density of more than 10% irrespective of ownership and legal status. Such land may not necessarily be a recorded forest area. It also includes orchards, bamboo and palm’’.
- India’s definition of forest may be very well accepted by the UNFCCC and Food and Agriculture Organization (FAO) for their reporting/communications.
Conclusion
- The problem of ‘definition of forest’ in India has consequences on forest conservation, rights of indigenous groups, and financial improvement.
- It is essential that any modifications to the definition of ‘forest’ are made with cautious attention in their potential influences on India’s rich biodiversity, the livelihoods of forest-based groups, and the country’s commitments to climate change mitigation.
Source: Indian Express
UPSC Mains Practice Questions:
Q.What are the provisions and issues related to the Forest (Conservation) Acts in India? (250 words)
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