GS3/GS1 Paper
Syllabus: Environment Conservation/ Indian Society
Source: TH
Context: The Forest Conservation Amendment Act of 2023, aimed at addressing climate change and deforestation, raises concerns due to its potential impact on indigenous communities and forest inhabitants.
Previously, we had already covered the FRA amendment in September 2023 (Amended Forest (Conservation) Act imperils the Northeast)
Key Provisions of FRA Amendment 2023:
| Details | |
| About | Forest (Conservation) Amendment Bill, 2023 allows for the diversion of forest land for various projects, including roads, railways, and strategic national security projects, within 100 km of India’s international borders. |
| It amends the Forest (Conservation) Act, 1980. | |
| Objective | To clarify and enhance the Forest (Conservation) Act, 1980 |
| Scope | Applicability to land designated as forest since 1980 |
| Insertion of Preamble | The Act introduces a Preamble acknowledging India’s commitment to Net Zero Emission by 2070, meeting NDC targets by 2030, and expanding forest cover to one-third of the land. |
| Land under the Purview | The forest law applies to areas under the Forest Act, 1927, and designated after October 25, 1980. Not applicable to forests converted for non-forest use after December 12, 1996 |
| Exemptions | Land within 100 km of borders for national security |
| Forest land along a rail line or a public road maintained by the government | |
| Land up to 10 hectares, is proposed to be used for constructing security-related infrastructure, afforestation etc. | |
| Leasing of Forest Land | State government requires prior approval of the central government to assign forest land to any entity not owned or controlled by the government |
| Permitted Activities | Permitted activities have been expanded to include check posts, fencing, bridges, zoos and safaris under the Wild Life (Protection) Act, 1972; eco-tourism facilities; and silvicultural operations (enhancing forest growth), etc. |
| Restrictions on de-reservation or non-forest use lifted with central government approval | |
| Implementation | The central government is empowered to issue “directions” to central government authorities, state governments, territories, or recognized entities for proper Act implementation. |
Some of the Benefits of the Act are:
- Clarity on Forest Definition: Addresses ambiguity in “deemed forests” and ensures clarity on FCA application to notified and recorded forests.
- Climate Change Mitigation: Aligns with national and international commitments, promoting afforestation, enhancing productivity, and addressing carbon neutrality.
- Development Facilitation: It facilitates economic exploitation by removing certain forest areas from legal jurisdiction.
- National Security Focus: Exempts linear projects near borders, supporting infrastructure development crucial for national security.
- Compensatory Afforestation Promotion: Encourages private entities to undertake afforestation projects, contributing to environmental conservation.
- Empowering Local Communities: Supports activities like zoos and ecotourism, fostering wildlife awareness and creating livelihood opportunities for local communities.
What is Community Forest Resource (CFR)?
CFR is common forest land protected by a community for sustainable use, recognized under the Forest Rights Act (FRA) since 2008. It includes various forest categories, and CFR rights allow the community to manage, conserve, and formulate rules for sustainable forest use, ensuring their livelihoods and fostering local conservation practices.
Impact of the 2023 amendment on Indigenous Communities:
| Impact | Description |
| Recognition of Rights | Indigenous communities may face reduced recognition of traditional rights over forest lands such as CFR |
| Impact on Rights | The amendment eliminates the need for tribal grama sabhas’ prior consent for non-forest use, potentially favouring private interests. |
| Permission for corporate-led ecotourism may impact tribal livelihoods, and mass tourism could negatively affect local cultures and traditions. | |
| Land Use Changes | Changes in forest land use may impact the livelihoods and cultural practices of indigenous groups. |
| The amendment has had notable impacts in Mendha-Lekha in Maharashtra, Loyendi in Odisha, and Malakkappara in Kerala among others | |
| Community Consultation | Limited community consultation may lead to decisions affecting indigenous territories without proper representation. |
| Economic Opportunities | Economic projects like infrastructure development may bring both benefits and disruptions to indigenous communities. |
| Environmental Stewardship | Indigenous communities, often stewards of local ecosystems, may face challenges in maintaining environmental balance. |
| Potential Displacement | Linear projects may lead to the displacement of indigenous communities from their ancestral lands. |
| Legal Protections | Legal safeguards for indigenous rights may face challenges, impacting their ability to protect and manage forests sustainably. |
Other issues with the Act:
- The amendment fails to address the growing issue of human-animal conflictsin forest areas.
- Forest Redefinition: The amendment contradicts the Supreme Court’s 1996 order, potentially jeopardizing legal safeguards for one-fifth to one-fourth of India’s forests. Infrastructure Impact: Exemptions for national security projects near borders may harm forest cover in northeastern states
- Federal impact: Concerns arise over forest exploitation by private entities and increased central government power at the expense of state governments.
Conclusion:
The way forward involves comprehensive stakeholder consultation. Prioritize transparency in decisions related to forest land use, exemptions, and infrastructure projects, fostering trust. Implement a robust periodic review mechanism to assess the Act’s impact on forests, biodiversity, and communities, considering amendments based on feedback. Empower local communities, especially tribal groups, in decision-making, reinforcing legal safeguards for their rights and traditional knowledge.
Mains Links:
Q.“Policy contradictions among various competing sectors and stakeholders have resulted in inadequate ‘protection and prevention of degradation’ to the environment.” Comment with relevant illustrations. (UPSC 2018)
Prelims Links:
Consider the following statements: (UPSC 2019)
- 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?
(a) 1 and 2 only
(b) 2 and 3 only
(c) 3 only
(d) 1, 2 and 3
Ans: B
