In a country roiled by the climate crisis, one would think that every forest, protected or otherwise, is precious as a stabilising force that regulates ecosystems, protects biodiversity, supports livelihoods, and supplies goods and services that could drive sustainable growth. But this view, it seems, is at odds with the ones held by some policymakers. According to a report in this paper, a working group constituted by Vidhi Centre for Legal Policy found that the Forest (Conservation) Amendment Bill 2023, which was introduced in Lok Sabha in March and then referred to the Joint Committee (JPC) of Parliament, could jeopardise vast tracts of ecologically important forests and leave out several unclassed forests that cover around 15% of India’s total forest cover.
India has traditionally favoured a liberal interpretation of forests because such a stance ensured that more areas received protection from encroachment, development and diversion. But this proposed law seeks to reverse this tradition by narrowly adhering to the definition of a forest. According to the think tank, a significant provision of the bill covers only land declared or notified as a forest under the Indian Forest Act, 1927, or under any other law. It also seeks to recognise only forest land recorded as forests on or after October 25, 1980. This, experts fear, is a dangerous interpretation that endangers most unclassed forests, which got protection only after a landmark 1996 Supreme Court judgment that defined “forest” to include any piece of land that resembles the dictionary meaning of forest, and any area recorded as forest in government records irrespective of the ownership.
The earlier interpretation helped protect many important ecosystems that were managed as forests in states (grasslands or mangroves) but were not notified or recognised as such. The new, narrower interpretation threatens to undo some of these gains by rolling back protections, and rendering these tracts vulnerable to exploitation. Moreover, destroying forests is not just about destroying an ecosystem; there are many forest-dependent communities, and their rights are codified under the Forests Rights Act. By pushing them out of forest areas, the State will only perpetuate historic injustices.
The committee has recommended that JPC redraft the bill and ensure that forests or deemed forests are left untouched. While development and fulfilling people’s aspirations are important, this cannot be done at the expense of India’s forests because such a move will be counterproductive. The policy must strike a fine balance.
The committee has recommended that JPC redraft the bill and ensure that forests or deemed forests are left untouched. While development and fulfilling people’s aspirations are important, this cannot be done at the expense of India’s forests because such a move will be counterproductive. The policy must strike a fine balance.
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