TAG: GS 3: ECOLOGY AND ENVIRONMENT
THE CONTEXT: The Supreme Court, in an interim order on February 19, 2024, addressed concerns raised in a Public Interest Litigation (PIL) challenging the constitutionality of the Forest (Conservation) Amendment Act, 2023.
EXPLANATION:
- The apex court, led by Chief Justice DY Chandrachud and Justices JB Pardiwala and Manoj Misra, emphasized adherence to the landmark TN Godavarman Thirumalpad v. Union of India judgement of 1996 in defining ‘forest.’
- The interim order aimed to maintain the principles outlined in the Godavarman judgement until the completion of the process of identifying ‘forest’ lands recorded in government records.
Controversy Surrounding the Amendment:
- The Forest (Conservation) Amendment Act, 2023, amended by the Union government, faced constitutional scrutiny in the PIL.
- The contentious Section 1A, introduced by the amendment, narrowed the expansive definition of ‘forest’ provided in the Godavarman judgement.
- According to the amendment, land must either be notified as a forest or specifically recorded as a forest in government records to qualify, deviating from the Godavarman judgement, which interpreted ‘forest’ based on its dictionary meaning.
Interim Order and Godavarman Judgement:
- The Supreme Court’s interim order directed states and Union territories to adhere to the Godavarman judgement’s definition of ‘forest’ until the completion of the land identification process.
- The court acknowledged concerns raised by petitioners about potential diversion of lands deemed as ‘forests’ under the Godavarman judgement for non-forest use during this interim period.
- The order underscored the importance of Rule 16 of the Van (Sanrakshan Evam Samvardhan) Rules, 2023, requiring state and UT administrations to prepare records on forest land within a year from the notification of the 2023 amendment.
Financial Implications and Exclusion of Forest Lands:
- Petitioners highlighted that the amended definition could exclude approximately 1.99 lakh square km of forest land from protection.
- The court emphasized the importance of compliance with the Godavarman judgement’s interpretation of ‘forest’ during the ongoing land identification process, urging states and UTs to ensure the conservation of areas falling within the ambit of the Godavarman definition.
Role of Expert Committees and Reporting:
- The Supreme Court instructed the Union government to issue circulars to all states and UTs, communicating the order and directing compliance.
- Furthermore, it mandated the submission of a comprehensive record of land registered as ‘forest’ by expert committees formed by states and UTs under the guidelines of the Godavarman judgement within two weeks.
- All states and UTs were required to submit expert committee reports by March 31, 2024, with digitized records available on official websites by April 15, 2024.
Expansion of Protection and Direction on Zoos and Safaris:
- While acknowledging the role of expert committees formed under the 2023 Rules, the court allowed them to expand the ambit of forest lands worthy of protection.
- Additionally, the court issued directions regarding proposals for establishing zoos and safaris, stipulating that such proposals in forest areas, excluding protected areas, require prior approval from the Supreme Court to ensure environmental safeguards.
Forest (Conservation) Amendment Act, 2023:
- The Forest (Conservation) Amendment Act, 2023 amends the Forest (Conservation) Act, 1980 to make it applicable to certain types of land.
- These include land notified as a forest under the Indian Forest Act, 1927 or in government records after the 1980 Act came into effect. The Act will not be applicable for land converted to non-forest use before December 12, 1996.
- It also exempts certain types of land from the purview of the Act.
- These include land within 100 km of India’s border needed for national security projects, small roadside amenities, and public roads leading to a habitation.
- The state government requires prior approval of the central government to assign any forest land to a private entity.
- The Forest (Conservation) Amendment Act, 2023 extends this to all entities, and allows the assignment to be made on terms and conditions specified by the central government.
- The Act specifies some activities that can be carried out in forests, such as establishing check posts, fencing, and bridges. The Forest (Conservation) Amendment Act, 2023 also allows running zoos, safaris and eco-tourism facilities.
Conclusion:
- The Supreme Court’s interim order seeks to strike a balance between the legal amendments introduced by the Forest (Conservation) Amendment Act, 2023, and the established principles of forest conservation enshrined in the Godavarman judgement. As the legal battle unfolds, the court’s directives aim to prevent potential environmental consequences during the transitional period and ensure the preservation of forested lands according to the precedents set by the Godavarman judgement.
