The contentious Forest (Conservation) Amendment Bill, 2023 was passed by the Rajya Sabha 2 August 2023, opening the door for “development” and “exploitation” of vast tracts of forest lands that are not recorded as such in government records. The bill that sought to overhaul India’s forest management with far-reaching changes, including in the definition of what constitutes a forest, has been approved by Parliament. Hundreds of legal and environmental experts have flagged potentially damaging clauses in the bill that might endanger as much as 25% of India’s forest cover. The Bill was approved by the Lok Sabha last week. The Bill will now be known as Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980, which translates to Forest (Conservation and Augmentation) Act. The bill was passed without any member from the Opposition that walked out over the violence in Manipur.
The bill covers only land that was declared or notified as a forest under the Indian Forest Act, 1927 or under any other law. It also seeks to recognize only forest lands that were recorded as forests as on or after 25 October, 1980 (when the forest conservation law came into effect). In effect, this could leave out large swathes of land that are managed as forests by states and communities but are not recognized as such. It could also go against the Supreme Court’s landmark verdict in Godavarman vs Union of India, which bestowed protections to any land that fit the dictionary definition of forests.
One among the many concerns raised by the opponents of the bill is that it will enable private developers to cut down forests without getting the consent of forest-dwellers, which will consequently violate the provisions of the Forest Rights Act. Then, the bill exempts strategic national security projects on land situated within 100 kilometres of international borders, Line of Control and Line of Actual Control, from environmental clearances. This, experts fear, could endanger sensitive ecosystems in the Northeast, where some whole states could fall under the 100km exemption – including Nagaland where the people are largely oblivious to the content and interpretation of the new law. In Nagaland, a group called The Naga Rising has also flagged the issue. Legal luminaries in Nagaland ought to explain what this bill entails for Naga people, their land, and their future.