March 28, 2025 3:47 am
Introduction
The Forest Conservation & Augmentation Act, 2023 (Van Sanrakshan Evam Samvardhan Adhiniyam) is a major amendment to the Forest Conservation Act, 1980. This new law aims to streamline forest conservation efforts while facilitating infrastructure development, particularly in strategic and security-sensitive areas. However, it has raised concerns regarding its impact on deemed forests, environmental protection, and exemptions granted for non-forest use.
More Useful Links:
Key Provisions of the Forest Conservation & Augmentation Act, 2023
1. Definition and Scope of Forest Land
The Act categorizes two types of land that will fall under its purview:
- Land declared or notified as a forest under:
- The Indian Forest Act, 1927.
- Any other applicable law.
- Land notified as a forest in government records on or after October 25, 1980.
Exclusion of Deemed Forests
- Deemed forests (uncategorized forests that meet forest characteristics but are not formally notified) are not included under the Act.
- This raises concerns that large areas of forests could lose protection, especially those that are yet to be officially recorded as forests.
- However, the Ministry of Environment, Forest & Climate Change (MoEFCC) assured Parliament that deemed forests will continue to be protected.
2. Exemption of Forest Land Converted for Non-Forest Use Before December 12, 1996
- The Act exempts forest lands that were converted to non-forest use before December 12, 1996.
- This exemption stems from the Godavarman case judgment (1996), which expanded the definition of forests to include all forest-like areas, even if they were not officially recorded as forests.
- This implies that:
- If a mining lease or infrastructure project was approved between October 25, 1980, and December 12, 1996, that land is not subject to forest conservation laws anymore.
- Even if the lease for such land has expired, it can now be used for non-forest purposes without requiring government approval.
Environmental Concern
This provision could lead to large-scale exploitation of forest lands that were historically approved for non-forest activities but are no longer in use. This loophole could facilitate deforestation without the need for environmental clearance.
3. Exempted Categories of Land
The Act exempts certain categories of forest land from the requirement of government approval for non-forest use. These include:
a) Linear Infrastructure Near Existing Roads and Railways
- Forest land along a railway line or public road (maintained by the government) can be used for:
- Expansion of roads or railway infrastructure.
- Development of roadside amenities (up to 0.10 hectares).
b) Exemptions for Strategic and Security Projects
The Act allows forest land to be exempted from clearance requirements for:
- Construction of strategic linear projects (e.g., roads, railways, transmission lines) within 100 km of international borders, Line of Control (LoC), and Line of Actual Control (LAC).
- Construction of security-related infrastructure (up to 10 hectares).
- Defense projects, paramilitary camps, and public utility projects (up to 5 hectares) in left-wing extremism affected areas.
Concerns About Exemptions in Border Areas
- The 100 km exemption would cover most of the Northeastern states, Sikkim, and Uttarakhand.
- These regions have high forest cover and rich biodiversity; unrestricted development could lead to deforestation and habitat loss.
4. Newly Permitted Activities on Forest Land
The Act permits new activities on forest land, including:
a) Zoos and Safaris
- Government or authorized agencies can establish zoos and safaris in non-protected forest areas under the Wildlife Protection Act, 1972.
- While this could promote eco-tourism, concerns remain about commercialization of forests.
b) Ecotourism Facilities
- Encourages eco-tourism projects to generate revenue and increase public engagement with forest conservation.
- However, poor regulation could lead to commercial exploitation.
c) Silvicultural Operations
- Silviculture (scientific management of forests) is permitted to enhance forest growth.
- Can improve tree productivity and biodiversity conservation.
d) Other Purposes Specified by the Central Government
- This vague clause allows the central government to determine additional uses for forest land, raising concerns over potential misuse.
Issues and Concerns with the Forest Conservation & Augmentation Act, 2023
1. Exclusion of Deemed Forests
- Large areas of forest land not officially notified will lose protection.
- States may fail to recognize and protect unrecorded forests, leading to deforestation and biodiversity loss.
2. Exemptions for Non-Forest Use
- Allowing historically approved non-forest land (1980-1996) to be used freely can open up areas for mining, industrial projects, and urbanization.
- Infrastructure exemptions (100 km from borders) may lead to massive deforestation in ecologically sensitive regions.
3. Concerns Over Vague Provisions
- The “any other purpose specified by the government” clause grants excessive discretionary power to the central government.
- Could lead to privatization of forest lands or unsustainable commercial projects.
4. Possible Violations of Supreme Court Judgments
- The Act’s exemptions may contradict the Supreme Court’s ruling in the Godavarman case, which had expanded forest protection to all lands with forest-like characteristics.
Way Forward: Balancing Conservation and Development
While the Forest Conservation & Augmentation Act, 2023 aims to streamline forest management and facilitate infrastructure growth, there is an urgent need to address concerns about deforestation, biodiversity loss, and regulatory loopholes.
1. Strengthening Protection for Deemed Forests
- Clear guidelines should be issued for identifying and protecting deemed forests to prevent their misuse.
2. Regulating Exemptions and Non-Forest Use
- Infrastructure exemptions should be based on environmental impact assessments.
- Stringent regulations must be enforced to prevent commercial exploitation of forest lands.
3. Transparency in Government Discretionary Powers
- The government must define and limit what constitutes “other purposes” under the Act.
- All new projects should be subject to public consultation and scientific evaluation.
4. Strengthening Community-Based Conservation
- Local communities and Indigenous groups should be actively involved in decision-making regarding forest use.
- Promote sustainable livelihoods through eco-tourism and afforestation programs.
Need for Amendments in the Forest Conservation & Augmentation Act, 2023
The amendments were introduced to address various challenges that arose due to the Supreme Court’s 1996 ruling in the T.N. Godavarman Thirumalpad case and other legal complexities.
1. Eliminating Ambiguities in Forest Land Interpretation
- The Supreme Court’s 1996 ruling in the Godavarman case expanded the definition of forests to include recorded forests, private forests, and plantations.
- This created legal uncertainty in determining whether private forest lands and plantations were subject to forest conservation laws.
- The amendment clarifies land categories to ensure smoother implementation of forest regulations.
2. Encouraging Afforestation on Private Land for NDC Targets
- India aims to create an additional carbon sink of 2.5 to 3 billion tonnes of CO₂ as part of its Nationally Determined Contributions (NDCs) under the Paris Agreement.
- However, due to fear of government regulations, private landowners avoided afforestation projects on non-forest land, fearing that these areas might later fall under forest conservation laws.
- The amendment exempts private plantations from the Forest Conservation Act, 1980, ensuring that afforestation efforts are not discouraged.
3. Strengthening Border Security Infrastructure
- India needs improved road infrastructure in border areas for the transportation of weapons, protective gear, and supplies.
- The amendment exempts forest land within 100 km of international borders for constructing strategic roads, defense facilities, and security-related projects.
- However, most of India’s forests remain protected, and exemptions include checks and balances to prevent misuse.
4. Enhancing Livelihoods and Providing Basic Amenities for Tribals
- Many tribal and rural communities depend on forests for survival, but lack access to roads, electricity, and sanitation facilities.
- The amendment facilitates public access to forests for habitation, roads, and essential services.
- This will improve the quality of life for marginalized communities, particularly women and children.
5. Promoting Sustainable Forest-Based Economy
- The amendment permits eco-tourism, silviculture, and safaris to enhance employment opportunities and forest management.
- Silviculture (scientific forest management) will help in regenerating forests while maintaining ecological balance.
- Eco-tourism will boost local economies while ensuring forests remain protected and managed sustainably.
Legal Challenges: Supreme Court’s Interim Directions (February 2024)
Following the enactment of the Forest Conservation & Augmentation Act, 2023, environmental activists and legal experts challenged certain provisions, particularly those related to land exclusions and exemptions. The case was heard by the Supreme Court of India, which issued interim directions in February 2024.
1. Reaffirming the Godavarman Definition of Forests (1996)
- The Supreme Court directed all States and Union Territories to follow the 1996 definition of forests from the T.N. Godavarman Thirumalpad case.
- This means that all forested land, whether officially recorded as a forest or not, will continue to be protected under forest conservation laws.
2. Mandating State Reports on Forest Land Identification
- The Court directed state governments to submit reports by March 2024 detailing forest land identified under the Godavarman ruling.
- This ensures greater transparency and accountability in forest classification.
3. Restricting the Development of Zoos and Safaris
- The Court ruled that no government or authority can establish zoos or safaris in forest areas without the Supreme Court’s final approval.
- This decision aims to prevent commercial exploitation of forests in the name of eco-tourism.
Concerns and Criticism of the Amendment Act
1. Exclusion of Deemed Forests
- The amendment excludes deemed forests, which lack official notification but function ecologically as forests.
- Environmentalists argue that millions of hectares of unrecorded forests could be lost due to this exclusion.
2. Exemptions for Border Infrastructure and Security Projects
- The 100 km exemption for defense projects covers large parts of the Northeast, Sikkim, and Uttarakhand, raising concerns about mass deforestation in ecologically sensitive areas.
- Critics argue that unchecked infrastructure development in these areas could lead to habitat destruction and biodiversity loss.
3. Risk of Commercial Exploitation of Forest Land
- Allowing eco-tourism, safaris, and silviculture raises concerns that forests might be opened up for commercial ventures.
- The Supreme Court’s intervention on zoos and safaris highlights the need for stricter regulations.
4. Possible Conflict with the Godavarman Judgment
- By excluding forested land that was converted for non-forest use between 1980-1996, the amendment could potentially violate the Supreme Court’s Godavarman ruling, which had expanded forest protection.
- This could lead to further legal challenges and judicial review.
Way Forward: Ensuring Balanced Implementation
1. Strengthening Protections for Deemed Forests
- The government should develop clear guidelines to ensure that deemed forests remain protected, even if they are not officially notified.
2. Regulating Infrastructure Development in Border Areas
- While security infrastructure is essential, environmental impact assessments (EIAs) must be mandatory before approving projects in forested regions.
3. Transparent Monitoring and Public Participation
- Forest conservation policies should involve local communities in decision-making.
- State reports on forest land classification should be made publicly available to ensure accountability.
4. Sustainable Eco-Tourism Practices
- The expansion of eco-tourism and safaris must be accompanied by strict environmental regulations to prevent forest degradation and habitat loss.
5. Legal Clarity and Judicial Review
- The government should work with the Supreme Court and environmental experts to address potential legal conflicts with the Godavarman ruling.
Conclusion
The Forest Conservation & Augmentation Act, 2023 introduces significant reforms to streamline forest governance and promote afforestation and infrastructure development. However, concerns over the exclusion of deemed forests, border area exemptions, and commercial use of forest land have led to legal scrutiny by the Supreme Court.
The interim directions issued in February 2024 emphasize that:
- The 1996 Godavarman definition of forests must be followed.
- State governments must submit reports on identified forest lands.
- Establishment of zoos and safaris requires Supreme Court approval.
Going forward, a balanced approach that ensures forest conservation, environmental sustainability, and community participation is essential. The legal battle over the amendment is ongoing, and further judicial review may shape its final implementation.
The challenge remains in finding the right equilibrium between development needs and ecological preservation, ensuring that India’s forests remain protected for future generations.
Frequently Asked Questions (FAQs) on the Forest Conservation & Augmentation Act, 2023
1. What is the Forest Conservation & Augmentation Act, 2023?
The Forest Conservation & Augmentation Act, 2023 (Van Sanrakshan Evam Samvardhan Adhiniyam) is an amendment to the Forest Conservation Act, 1980, aimed at clarifying forest definitions, facilitating afforestation, and enabling infrastructure development in strategic areas while ensuring environmental protection.
2. Why Was the Amendment Introduced?
The amendment was introduced to:
✅ Clarify ambiguities in forest classification due to the Supreme Court’s 1996 Godavarman judgment.
✅ Encourage afforestation on private land to meet India’s NDC goal of creating a carbon sink of 2.5–3 billion tonnes of CO₂.
✅ Allow infrastructure development in border areas for national security.
✅ Provide essential services and habitation access to forest-dependent communities.
✅ Boost forest-based livelihoods through eco-tourism, silviculture, and sustainable forest management.
3. What Types of Land Are Covered Under the Act?
The Act applies to two categories of land:
- Forests notified under the Indian Forest Act, 1927 or any other legal framework.
- Land recorded as a forest in government records on or after October 25, 1980.
4. What is the Controversy Regarding Deemed Forests?
The Act excludes deemed forests, which are:
- Forested areas not officially recorded as forests but possessing forest-like characteristics.
- The 1996 Godavarman judgment ruled that these lands should still be protected.
- Excluding them may lead to deforestation and biodiversity loss, as they would no longer require conservation approvals.
5. What Exemptions Have Been Introduced Under the Act?
The Act exempts certain categories of land from requiring conservation approvals, including:
✅ Road and railway expansion projects (up to 0.10 hectares) near existing infrastructure.
✅ Strategic defense projects within 100 km of international borders, LoC, and LAC.
✅ Security-related infrastructure (up to 10 hectares).
✅ Public utility projects (up to 5 hectares) in left-wing extremism-affected areas.
6. Why are Environmentalists Concerned About Border Exemptions?
- 100 km exemptions cover large portions of the Northeast, Sikkim, and Uttarakhand, which are highly forested and ecologically sensitive.
- Unchecked infrastructure development in these areas may lead to deforestation, habitat loss, and increased human-wildlife conflict.
7. What New Activities Are Permitted in Forest Areas?
The Act allows:
✅ Zoos and safaris (except in protected areas) under the Wildlife Protection Act, 1972.
✅ Eco-tourism projects for generating revenue and employment.
✅ Silvicultural operations (scientific forest management) to improve forest productivity.
✅ Other activities as specified by the Central Government (which raises concerns about discretionary misuse).
8. How Does the Act Impact Private Landowners and Afforestation?
- Previously, private landowners hesitated to plant trees, fearing their land would later be classified as forest land and subject to strict regulations.
- The amendment clarifies that private plantations will not fall under forest regulations, encouraging afforestation on non-forest lands.
- This will help India meet its carbon sink target under the Paris Agreement (NDCs).
9. What is the Supreme Court’s February 2024 Ruling on the Act?
The Supreme Court of India issued interim directions on the amendment in February 2024, stating:
- All states and Union Territories must continue using the 1996 Godavarman definition of forests, meaning deemed forests remain protected.
- State governments must submit reports by March 2024 on forest land identified under the Godavarman ruling.
- No new zoos or safaris can be established in forest areas without Supreme Court approval.
10. How Does the Amendment Affect Infrastructure Development?
- The Act facilitates faster approvals for projects in strategic areas, especially near borders.
- It ensures national security concerns are addressed while still maintaining environmental safeguards.
- However, loopholes may allow deforestation in ecologically sensitive zones if not properly regulated.
11. How Does the Act Impact Tribals and Forest-Dependent Communities?
✅ Allows essential public amenities like roads, schools, and sanitation facilities in forest areas.
✅ Improves accessibility for tribals, women, and children.
✅ Encourages community participation in eco-tourism and sustainable forest management.
❌ However, exemptions for large-scale projects could still lead to displacement of forest communities if not monitored effectively.
12. What Concerns Exist About the Central Government’s Discretionary Powers?
- The Act allows the Central Government to define “other permitted activities” in forests, which could be misused for commercial projects.
- The lack of clarity on what these activities entail raises concerns about deforestation and habitat degradation.
13. How Does the Act Impact Wildlife Conservation?
- While zoos and safaris can promote conservation and tourism, unchecked commercial activities may disrupt wildlife habitats.
- Allowing linear projects like roads and railways near forest areas may increase animal-vehicle collisions and habitat fragmentation.
14. How Does the Act Align With India’s Climate and Biodiversity Goals?
✅ Supports India’s Nationally Determined Contribution (NDC) target of creating an additional 2.5–3 billion tonnes of CO₂ carbon sink.
✅ Encourages afforestation on non-forest land, boosting green cover.
❌ However, exemptions for non-forest use may contradict India’s commitments under the Convention on Biological Diversity (CBD).
15. What Are the Legal Concerns Regarding the Act?
- The Act partially reverses the Supreme Court’s Godavarman ruling by excluding deemed forests.
- Exemptions for mining leases and infrastructure projects between 1980–1996 could lead to unregulated deforestation.
- The Supreme Court’s interim ruling (Feb 2024) ensures deemed forests remain protected, preventing immediate exploitation.
16. What Measures Should Be Taken to Ensure Sustainable Implementation?
✅ Conduct Environmental Impact Assessments (EIAs) before granting exemptions.
✅ Define clear guidelines for “other permitted activities” to prevent misuse.
✅ Ensure public participation in forest conservation decisions.
✅ Encourage eco-friendly tourism models that protect rather than exploit forests.
✅ Monitor exemptions in border areas to prevent excessive deforestation.
17. What is the Way Forward for Forest Conservation in India?
- Stronger regulatory mechanisms should be established to prevent indiscriminate deforestation.
- Deemed forests must be officially notified to ensure long-term protection.
- Infrastructure development should follow strict environmental guidelines to balance security needs with conservation.
- Local communities should be involved in decision-making and afforestation programs to ensure sustainable forest management.
18. What Role Can Citizens Play in Forest Conservation?
✔ Support reforestation and afforestation initiatives.
✔ Advocate for stronger legal protections for deemed forests.
✔ Participate in eco-tourism responsibly.
✔ Reduce wood and paper consumption to lessen pressure on forests.
✔ Raise awareness about the importance of forests in climate change mitigation.
