Forest (Conservation) Amendment Bill 2023 – Current Updates 2 (July, 2023)

Amidst protests against Manipur violence, the Lok Sabha recently passed the Forest (Conservation) Amendment Bill, 2023. The bill aims to amend certain provisions under the Forest (Conservation) Act, 1980, with the objective of increasing India’s forest cover by creating a carbon sink of 2.5 to 3.0 billion tons of CO equivalent by 2030.

Clarifying the Scope of Applicability

One of the primary objectives of the Forest (Conservation) Amendment Bill, 2023, is to provide clarity on the Act’s applicability to different types of lands. It proposes the new short title of the Act to be known as the Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980. The bill extends the Act’s applicability to certain types of land, including those notified as a forest under the Indian Forest Act, 1927, or recorded in government records after the 1980 Act came into effect.

Exemption of Specific Categories of Lands

The bill also brings about exemptions for certain categories of lands from the purview of the Act. These exemptions are aimed at facilitating development projects without compromising the environment excessively. The exempted categories include:

  1. Forest land alongside a rail line or a public road maintained by the government, providing access to habitation or rail, and roadside amenities up to a maximum size of 0.10 hectare.
  2. Forest land located within a distance of one hundred kilometers along international borders or Line of Control or Line of Actual Control, proposed for the construction of strategic linear projects of national importance concerning national security.
  3. Land up to ten hectares proposed for the construction of security-related infrastructure.
  4. Land intended for the construction of defense-related projects, camps for paramilitary forces, or public utility projects, within Left Wing Extremism affected areas specified by the Central Government, not exceeding five hectares.
  5. Trees or tree plantations raised on lands not declared or notified as a forest as per the provisions of the Indian Forest Act, 1927, or under any other existing law as of October 25, 1980.

Guidelines and Concerns

While the bill presents a comprehensive approach to balancing conservation and development, some concerns have been raised during its passage. Critics argue that exempting forest land near border areas for national security projects might negatively impact biodiversity and forest coverage in regions like Jammu & Kashmir and the north-eastern states.

Additionally, the bill’s exclusion of lands recorded as forests before October 25, 1980, but not officially notified as forests, may be seen as contradicting a Supreme Court judgment focused on preventing deforestation.


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