Context:
- The Mizoram Assembly unanimously passed a resolution opposing the Forest (Conservation) Amendment Act, 2023, “to protect the rights and interest of the people of Mizoram”.
- The amendment allows the diversion of forest land for roads, railway lines or “strategic linear projects of national importance and concerning national security” within 100 km of India’s international borders or lines of control, without a forest clearance under the Forest (Conservation) Act (FCA) 1980.
About Forest Conservation Act 1980:
- Objective:
- Preserve India’s forest ecosystem by fulfilling specific objectives.
- Safeguard forests, their flora, fauna, and ecological components.
- Maintain forest integrity and territorial boundaries.
- Halt the decline of forest biodiversity.
- Prevent conversion of forest lands for agricultural, grazing, or commercial purposes.
- Features:
- Requires permission from the central government for state government and authorities to make decisions regarding forests.
- Empowers the Central government to enforce the Act’s objectives.
- Imposes penalties for violations of the Act’s provisions.
- Establishes an advisory committee to aid the Central government in forest conservation decisions.
About Forest (Conservation) Amendment Act 2023:
- Preamble added to broaden Act’s scope.
- Exemptions Passed:
- Forest land within 100 km of international borders, Line of Control, or Line of Actual Control exempted.
- 0.10 ha land for road/rail connectivity exempted.
- Up to 10 ha for security-related infrastructure exempted.
- Up to 5 ha in LWE districts for public utility projects exempted.
- Exemptions subject to specified terms and conditions, including compensatory afforestation.
- Lease of forest land extended to Government companies.
- Aids in the diversion of ‘deemed forest’ for non-forest use.
Deemed Forest:
- The term Deemed forests has not been clearly defined in any law.
- T N Goda Varman Thirumalpad case (1996) – Supreme Court provided a broad definition:
- SC embraced broad forest definition under Act.
- “Forest” term understood according to dictionary meaning.
- Covers statutorily recognized forests: reserved, protected, etc. for Section 2(1) purposes.
- Provisions of Forest Conservation Act 1980 apply to all such understood forests, irrespective of ownership or classification.
- Karnataka government’s expert committee Identified ‘deemed forests’ as “Land with forest characteristics, regardless of ownership”.
Source: The Hindu
Previous year question
Consider the following statements:
Once the Central Government notifies an area as a ‘Community Reserve’
1. the Chief Wildlife Warden of the State becomes the governing authority of such forest
2. hunting is not allowed in such area
3. people of such area are allowed to collect non-timber forest produce
4. people of such area are allowed traditional agricultural practices
How many of the above statements are correct?
[UPSC Civil Services Exam – 2023 Prelims]
(a) Only one
(b) Only two
(c) Only three
(d) All four
