The recent passage of the Forest Conservation Amendment Bill 2023 by the Lok Sabha has sparked both support and controversy among various stakeholders.

The Bill, introduced by the Union Minister for Environment, Forest and Climate Change, aims to address the evolving challenges faced in the conservation and protection of India’s diverse and vital forests. However, it has also raised concerns about the balance between development and environmental preservation.

India’s forests are famed for their dense and vast ecosystems, harbouring a remarkable biodiversity of more than 45,000 flora and 81,000 faunal species. These forests provide vital ecosystem services, such as timber, food, fuel, fodder, non-wood products, and shelter, while also contributing to soil and water conservation, carbon storage, and clean air. It is undeniably crucial to protect and conserve these invaluable resources for the well-being of both present and future generations.

With a historical backdrop tracing back to the Mauryan Period, where laws were established to punish those harming the environment, forest conservation has long been a priority in India. The Indian Forests Act, 1865, and its successor, the Indian Forest Act, 1927, set the foundation for forest protection during the colonial era. Subsequently, the Forest Conservation Act, 1980, emerged as a response to the alarming depletion of forests, aiming to ensure sustainable development while protecting ecologically sensitive areas known as deemed forests.

The Forest Conservation Amendment Bill 2023 seeks to address the challenges that have arisen since the enactment of the 1980 Act. A significant focal point of the Bill is to remove ambiguity surrounding the Supreme Court’s 1996 judgment in TN Godavarman Thirumulpad.

The exemptions

The Bill also provides exemptions for strategic linear projects of national importance and concerning national security within 100 km of international borders. Additionally, it promotes activities such as silvicultural operations, the construction of zoos and wildlife safaris, eco-tourism facilities, and other activities specified by the Union Government.

However, there are valid concerns surrounding the amendment. The Bill does not prioritise the regeneration of natural forests and instead incentivises afforestation for commercial ends. This compromises the integrity of the Supreme Court’s 1996 judgment, which extended protection to forests not officially classified as such. The exemption of projects near international borders from requiring forest clearance raises environmental and security concerns, particularly in North-Eastern States that fear potential land misuse for defence purposes without their consent. These concerns extend to compromises in biodiversity conservation and forest integrity, specifically regarding the impact of tourism-related activities.

Some of the proponents of the amendment argue that it aligns with India’s goal of achieving net-zero emissions by 2070 and promoting sustainable development while maintaining ecological balance. Activities such as the creation of ecotourism facilities, safaris, silviculture, exploration, and seismic surveys can aid industrial and economic development, in line with national priorities.

Nonetheless, the importance of striking a balance between development and environmental preservation, ensuring that progress does not come at the expense of sacrificing valuable ecosystems.

As India continues to experience rapid growth and development, finding this equilibrium remains a significant challenge. The Forest Conservation Amendment Bill 2023, though a step in the right direction, must address concerns raised by critics and strive to provide clarity and certainty in its provisions. It is essential to consider the long-term implications on environmental sustainability, biodiversity conservation, and the overall well-being of both human and non-human populations.

Ultimately, the successful implementation of the Forest Conservation Amendment Bill 2023 requires diligent monitoring, active participation from all stakeholders, and a willingness to adapt and refine the legislation as needed. Only by effectively reconciling the demands of development with the imperative of environmental preservation can we ensure a sustainable and prosperous future for India and its precious forests.

The writer is a Supreme Court and Bombay High Court advocate

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