India’s Forests in Peril: Delays and Data Gaps

GS Paper 3

Syllabus: Conservation of Environment

Source: TH

Context:  In compliance with a Supreme Court order (in Feb 2024), the Ministry of Environment, Forests and Climate Change (MoEFCC) uploaded the various State Expert Committee (SEC) reports on the status of unclassed forests.

• The SC order was in response to a PIL challenging the constitutionality of the Forest (Conservation) Act Amendment (FCAA) 2023.

What are Unclassed forests (also called ‘Deemed Forests’)?

Unclassed forests are areas of land that exhibit forest-like characteristics but have not been officially classified or designated as forests by authorities. Despite lacking formal recognition, these areas often possess vegetation and ecosystem features typical of forests. They may be owned by various entities, including government bodies, communities, or private individuals. Varying state definitions of forests result in estimates of deemed forests ranging from 1% to 28% of India’s official forest area.

Despite their unclassified status, these forests were afforded legal protection under the SC order (in Godavarman case, 1996). As per this landmark case and the subsequent Forest (Conservation) Act of 1980, all types of forests, regardless of ownership or notification status, were to be included under forest conservation laws.

Why were SECs formed?

In pursuance of the SC order in the Godavarman case, State Expert Committees were formed to identify and assess unclassified forests across the country. However, a significant delay of 27 years in submitting these reports left the status of unclassed forests ambiguous.

Status of SECs Report:

Despite the SC order, seven states and UTs, including Goa and Tamil Nadu, did not establish SECs. Many states relied on existing data or quoted figures from the Forest Survey of India (FSI), raising doubts about accuracy. For instance, Gujarat’s SEC report conflicts with FSI data, highlighting inconsistencies. Almost, no states/UTs have provided geographical Indication (GI) for the deemed forest.

What did FCAA do with respect to ‘Unclassed Forest’?

The Forest (Conservation) Act Amendment (FCAA) 2023 stipulates those certain types of land, including those notified as forest under the Indian Forest Act, 1927 or in government records post the Forest (Conservation) Act 1980, require Central Government permission for various activities like dereservation, non-forest use, or leasing to private entities.

However, the FCAA excludes land recorded as forest before October 25, 1980, and land converted from forest-use to non-forest-use before December 12, 1996, from its purview. This exclusion may contradict the 1996 SC Godavarman judgment on preventing deforestation, potentially exposing unclassed forests to diversion without protection.

Way forward:

To resolve the issue of unclassified forests in India, the following steps can be taken:

1. SC direction (in its interim order of Feb 2024):
   1. States and UTs must adhere to the definition of forests outlined in the Godavarman Judgement until comprehensive records on forest land are prepared.
   2. The Centre must submit a comprehensive record of land identified as ‘forest’ by expert committees within two weeks, as per the guidelines of the TN Godavarman judgement.
   3. Final approval for the establishment of zoos/safaris requires permission from the Supreme Court.
2. Comprehensive Survey: Conduct a nationwide survey to identify and classify all unclassified forests, utilizing modern technology and satellite imagery for accurate mapping.
3. Formation of State Expert Committees (SECs): Ensure that all states and Union Territories form SECs tasked with identifying unclassified forests and preparing detailed reports.
4. Legal Protection: Strengthen legal provisions to protect unclassified forests, ensuring that they receive the same level of protection as classified forests under relevant forest conservation laws.
5. Community Engagement: Involve local communities and indigenous peoples in the identification and conservation of unclassified forests, recognizing their traditional knowledge and rights.
6. Public Awareness and Education: Raise public awareness about the importance of unclassified forests for biodiversity conservation, climate change mitigation, and ecosystem services through education and outreach programs.

About the Forest Conservation Act of 1980:

It regulates deforestation, and forest product transportation, and imposes duties on timber. It mandates prior Central Government approval for forest land diversion for non-forest purposes. The 1996 Godavarman judgment by the Supreme Court mandates forest protection, introducing deemed forests—areas resembling forests but not officially classified as such.

Key Provisions of FRA Amendment 2023:

Status of Forests in India:

Definition of Forest: 1996 Godavarman Judgement defines “forest” as any land recorded as such in government records or meeting the dictionary definition, which describes a forest as “a large area covered with trees and undergrowth” according to the Oxford Dictionary.

As per, the India State of Forest Report 2021:

1. India’s forest and tree cover constitutes 24.62% of its geographical area, with forests covering 21.71% and tree cover 2.91%.
2. Madhya Pradesh has the largest forest cover by area, followed by Arunachal Pradesh, Chhattisgarh, Odisha, and Maharashtra.
3. Mizoram, Arunachal Pradesh, Meghalaya, Manipur, and Nagaland have the highest forest cover as a percentage of the total geographical area.
4. States like Andhra Pradesh, Telangana, Odisha, Karnataka, and Jharkhand have shown a positive change in forest cover, while others like Arunachal Pradesh, Manipur, Nagaland, Mizoram, and Meghalaya have experienced a decline.
5. India ranks third globally for net gain in average annual forest area between 2010 and 2020, with more than half of the world’s forests located in Russia, Brazil, Canada, the United States, and China.

Insta Links:

• Forest Conservation Amendment Act 2023: Impact on Indigenous Communities

Mains Links:

“The most significant achievement of modern law in India is the constitutionalization of environmental problems by the Supreme Court.” Discuss this statement with the help of relevant case laws. (UPSC 2022)

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: