GS Paper 3
Syllabus: Environment and Conservation
Source: TH
Direction: The article discusses the new Forest (Conservation) Rules, 2022 and the apprehension of these rules being in violation of the Forest Rights Act, 2006.
Context: The conflict between the government and the National Commission for Scheduled Tribes (NCST) over the Forest (Conservation) Rules, 2022, seems to be escalating.
Background:
- The Union Environment Ministry notified the Forest (Conservation) Rules, 2022, under the Forest Conservation Act, 1980, thus replacing the Forest (Conservation) Rules, 2003
- NCST had raised concerns about the provision in the new rules that proposes to do away with the consent clause for the diversion of forest land for other purposes and recommended putting these rules on hold.
- However, the government insisted that the rules were framed under the Forest (Conservation) Act, 1980 and that the NCST’s apprehension of these rules being in violation of the Forest Rights Act, 2006, is not legally admissible
| The Forest (Conservation) Act (FCA), 1980 | The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 or the Forest Rights Act (FRA), 2006 |
| ● It regulates deforestation by prohibiting the felling of forests for any “non-forestry” purpose without prior approval from the central government.
● The clearance process includes obtaining permission from local forest rights holders as well as wildlife authorities. ● The Centre has the authority to deny such requests or to grant them with legally binding conditions. |
● It recognizes forest-dwelling tribal communities’ and other traditional forest dwellers’ rights to forest resources on which these communities rely for a variety of needs.
● It imposes on the Gram Sabha and rights holders the responsibility of biodiversity conservation and protection, by preventing any destructive practices affecting these resources. ● Under the Act, the Gram Sabha is a highly empowered body that allows the tribal population to have a decisive say in determining local policies and schemes that affect them. |
| The Forest Conservation Rules, 2003 | The Forest (Conservation) Rules, 2022 |
| ● There are two stages of approval (‘In-Principle’ and ‘Final’, after given conditions are met) prescribed for any application by any entity to use the forest land.
● Nodal Officer —> Divisional Forest Officer and the District Collector —> Conservator of Forests —> State Administration —> MoEFCC ● The District Collector shall complete the process of recognition and vesting of forest rights in accordance with the provisions of the FRA (obtain the consent of each Gram Sabha). |
● The Central Government can give its final approval and thereafter leave it to the state government to pass an order for de-reservation or diversion or assignment.
● It is then left to the state government now to make sure that the claims of forest dwellers are settled. ● However, the collector is not required to obtain the consent of Gram Sabhas before the In-principle approval. |
Concern about the new Rules: The Gram Sabha’s approval had significant persuasive power and could influence decisions to proceed with the diversion process. However, the new Rules eroded Gram Sabha’s role.
Insta Links:
The Forest (Conservation) Rules, 2022
Prelims Links: (UPSC 2019)
Consider the following statements:
- As per a recent amendment to the Indian Forest Act, of 1927, forest dwellers have the right to fell the bamboo grown in forest areas.
- As per the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, bamboo is a minor forest produce.
- The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 allows ownership of minor forest produce to forest dwellers.
Which of the statements given above is/are correct?
-
-
- 1 and 2 only
- 2 and 3 only
- 3 only
- 1, 2 and 3
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Ans: 2
Explanation: Statement 1 is not correct. Under the original Act, the definition of a tree includes palms, bamboo, stumps, brushwood, and canes. The amendment act amends this definition of the tree to remove the word bamboo.
