Amendments to the Forest Conservation Act 2025

January 7, 2025

The recent passage of the Bill to amend the Forest (Conservation) Act marks change in India’s approach to forest regulation. This amendment comes after more than four decades since the original Act was enacted in 1980. The government aims to align the Act with contemporary ecological, strategic, and economic needs. The brief nature of the original Act, spanning only four pages, contrasts sharply with the complexities surrounding its interpretation and application .

Historical Context of the FC Act

The Forest (Conservation) Act was established in 1980 to manage the diversion of forest land for construction and mining activities. Initially, the Act applied only to areas designated as forests under the Indian Forest Act of 1927. However, a 1996 Supreme Court ruling broadened its scope, making it applicable to all land classified as forest, restricting development activities.

Key Amendments Proposed

The proposed amendments aim to limit the applicability of the FC Act to notified forest land and areas recorded as forests in government documents. This change addresses concerns regarding plantations on private and non-forest land, which were previously uncertain under the Act. The amendments also clarify that the Act will continue to apply to unclassified forests and areas identified by expert committees.

Fast-Tracking Strategic Projects

A principal objective of the amendment is to expedite projects deemed strategically important, particularly those located within 100 km of international borders and in regions affected by Left Wing Extremism. Some states have expressed concerns about the broad definitions of “national importance” and “national security”, fearing that these could lead to excessive exemptions for various projects.

State-Specific Concerns

States like Himachal Pradesh and Chhattisgarh have called for clearer definitions regarding the types of projects that qualify for expedited approval. Meanwhile, Mizoram has raised fears that any project could be justified under the umbrella of national importance, potentially leading to environmental degradation. Sikkim has requested a reduction in the exemption zone from 100 km to 2 km to protect its forests.

Focus on Plantations and Compensatory Afforestation

The amendments encourage the establishment of plantations on private lands to enhance carbon sinks. Developers are required to conduct compensatory afforestation on non-forest land or degraded forest land, effectively ensuring that forest land remains protected. The Bill clarifies that land not subject to the FC Act can be used for plantations, promoting the creation of private land banks for afforestation.

The original FC Act was only four pages long.
The 1996 Supreme Court ruling expanded the Act’s scope .
Mizoram raised concerns over projects labelled as ‘national importance’.
Sikkim requested to reduce the exemption zone to 2 km.
Compensatory afforestation must occur on equivalent non-forest land.

Concerns Over Implementation and Interpretation

Despite assurances from the Environment Ministry, critics argue that the amendments leave too much to executive discretion. The reliance on guidelines rather than explicit provisions in the Bill raises concerns about potential misinterpretation and misuse. Observers warn that the lack of clarity could undermine the intended protections for India’s forests.

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