Why is it in the News?

The Forest (Conservation) Amendment Act, 2023, marks a noteworthy evolution in the environmental legal landscape of India, amending the pivotal Forest (Conservation) Act of 1980. Despite its substantial implications for forest conservation, the recent amendment has garnered limited attention and scant discussion concerning its potential impact on both forests and their inhabitants.

What is a community forest resource?

• The community forest resource area is the common forest land that has been traditionally protected and conserved for sustainable use by a particular community.
• The community uses it to access resources available within the traditional and customary boundary of the village; and for seasonal use of landscape in case of pastoralist communities.
• Each CFR area has a customary boundary with identifiable landmarks recognised by the community and its neighboring villages.
• It may include a forest of any category – revenue forest, classified & unclassified forest, deemed forest, DLC land, reserve forest, protected forest, sanctuary and national parks, etc.

What are Community Forest Resource rights?

• The Community Forest Resource Rights are mentioned under Section 3(1)(i) of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act.
• It is commonly referred to as the Forest Rights Act or the FRA.
• It provides for recognition of the right to “protect, regenerate or conserve or manage” the community forest resource.
• These rights allow the community to formulate rules for forest use by itself and others and thereby discharge its responsibilities under Section 5 of the FRA.
• CFR rights, along with Community Rights (CRs) under Sections 3(1)(b) and 3(1)(c), which include nistar rights and rights over non-timber forest products, ensure sustainable livelihoods of the community.
• (Nistar means the concession granted to agriculturists and Villagers for removal from forest coupes on payment at stipulated rates for specified forest produce for bonafide domestic use, but not for barter sale.)
• These rights give the authority to the Gram Sabha to adopt local traditional practices of forest conservation and management within the community forest resource boundary.

Why is the recognition of CFR rights important?

• Aimed at undoing the “historic injustice” meted out to forest-dependent communities due to curtailment of their customary rights over forests, the Forest Rights Act or the FRA came into force in 2008.
• It is important as it recognises the community’s right to use, manage and conserve forest resources, and to legally hold forest land that these communities have used for cultivation and residence.
• It also underlines the integral role that forest dwellers play in the sustainability of forests and the conservation of biodiversity.
• It is of greater significance inside protected forests like national parks, sanctuaries and tiger reserves as traditional dwellers then become a part of the management of the protected forests using their traditional wisdom.
• But while CFR rights are an important empowerment tool, getting a consensus amongst various villages about their traditional boundaries often proves a challenge.

Key Provisions of the Forest (Conservation) Amendment Bill, 2023:

• Land under the Act: The amended law exclusively applies to areas classified under the Forest Act, 1927, and those designated as such on or after October 25, 1980.
• Notably, it excludes forests converted for non-forest use after December 12, 1996.
• The amendments streamline the Act's application to recorded forest lands, private forest lands, plantations, etc.
• Exempted Categories of Land: To encourage afforestation and plantation outside forests, the Bill proposes exemptions, such as providing 0.10 ha of forest land for connectivity along roads and railways, allocating up to 10 ha for security-related infrastructure, and allowing up to 5 ha in Left Wing Extremism Affected Districts for public utility projects.
• Exemptions also cover strategic projects related to national security within 100 km of international borders.
• Leasing of Forest Land: The Act mandates prior approval from the central government for the assignment of forest land to any entity, whether government-controlled or not.
• This condition now applies to all entities, with approval subject to terms and conditions specified by the central government.
• Permitted Activities in Forest Land: Restrictions on de-reservation or non-forest use of forest land may be lifted with prior approval from the central government.
• The Act outlines specific activities exempt from non-forest purposes, including those related to the conservation, management, and development of forests and wildlife.
• Expansion of Delegated Legislation Power: The amendment broadens the Central Government's power for delegated legislation.
• In addition to making Rules, it now includes the authority to issue "directions" to central government authorities, state governments, union territories, or any recognized organization, entity, or body, ensuring effective implementation of the Act's provisions.

Key Concerns with the Amendment:

• Redefining Forests: The amendment introduces a contradiction to the established definition of forests by the Supreme Court in 1996.
• This change, making any tree patches recorded as forest in government records deemed as forests, jeopardizes legal safeguards for approximately one-fifth to one-fourth of India's forests, as reported by the Public Action Committee (PAC) in Punjab.
• Infrastructure Encroachment: The exemption of land near border areas for national security projects raises concerns about adverse effects on forest cover and wildlife in northeastern states.
• Broad exemptions for projects like zoos, eco-tourism facilities, and reconnaissance surveys may also negatively impact forest land and wildlife.
• Neglect of Tribal Rights: The amendment removes the requirement for prior consent from tribal grama sabhas for alterations to forests for non-forest purposes.
• Allowing private companies to use forest land for ecotourism could prioritize corporate interests over tribal communities' livelihoods, potentially leading to the erosion of local cultures and traditions due to mass tourism.
• Top-Down Authority: Concerns have been raised about potential forest exploitation by profit-driven private companies and the consolidation of power in the central government, potentially neglecting the concerns of state governments.
• This shift in authority could lead to imbalances and adverse consequences for forest management.
• Human-Animal Conflicts: Allowing infrastructure development on forest land without addressing the growing issue of human-animal conflicts in tribal hamlets poses threats to both livelihoods and wildlife.
• The amendment lacks provisions to mitigate or prevent such conflicts, potentially exacerbating the situation.

The Path Ahead:

• Empowerment of Local Communities: Empower local communities, especially tribal groups, by involving them in decision-making processes, recognizing traditional knowledge, and ensuring equitable benefits from forest resources.
• Reinforce legal safeguards to protect indigenous communities' rights and heritage.
• Environmental Impact Assessment (EIA): Strengthen the Environmental Impact Assessment (EIA) process to comprehensively assess proposed projects' environmental impact.
• This ensures sustainable development while minimizing ecological damage and informs decision-makers.
• Stakeholder Consultation: Conduct extensive consultations with environmental experts, tribal communities, local stakeholders, and NGOs to address concerns and integrate diverse perspectives.
• Prioritize inclusiveness, local participation, and transparency in decision-making processes.
• Capacity Building: Invest in capacity building for relevant authorities to ensure effective implementation of the Act, adherence to guidelines, and competent decision-making.
• This enhances the capability of authorities to manage and regulate the Act efficiently.
• Transparency in Decision-Making: Ensure transparency in decision-making regarding forest land use, exemptions, and infrastructure projects to foster trust among stakeholders.
• Transparent processes enhance accountability and public trust.
• Periodic Review Mechanism: Establish a robust periodic review mechanism to evaluate the Act's impact on forests, biodiversity, and local communities.
• Adjustments should be made based on findings, considering feedback and evolving circumstances.
• Conflict Resolution Mechanisms: Establish efficient conflict resolution mechanisms to address disputes arising from the Act.
• Provide a fair platform for all stakeholders to voice concerns and seek resolution, promoting constructive dialogue.
• Scientific Research and Monitoring: Promote scientific research to monitor the Act's impact on forest ecosystems, biodiversity, and climate goals.
• Use data-driven insights for informed policy adjustments and develop adaptive management strategies for unforeseen challenges.

These comprehensive steps collectively form a holistic approach to navigating the complexities of forest management, ensuring sustainability, equity, and the preservation of environmental integrity.