Status of the Proposed Changes
The Ministry has forwarded the suggested amendments to all state governments, seeking their feedback and objections within a 15-day timeframe. Following the consideration of state inputs, the finalized proposal will be presented to Parliament.
Key Points of the Amendments
The proposed changes introduce stricter regulations to enhance forest conservation by increasing penalties for offenses. Additionally, the amendments emphasize the preservation of “pristine forests,” prohibiting any non-forestry activities within such areas.
According to the amendment, areas designated as deemed forests by state governments up to 1996 will continue to be recognized as forest land.
Land acquired by the Railways and road ministries prior to 1980, where forests have since developed, will not be classified as forests.
The amendment aims to boost domestic plantations and afforestation, thereby reducing the need for foreign exchange expenditure on importing wood and wood derivatives, estimated at around Rs 45,000 crore.
Background on Forest (Conservation) Act (FCA)
Enacted in 1980, the FCA faced challenges due to the 1996 Supreme Court judgment in the TN Godavarman Thirumulpad versus Union of India & Others case. This ruling expanded the definition of forest land to include areas recorded as ‘forest’ in any government records.
Reasons for the Proposed Amendment
The existing definition of forest under the Forest Act posed difficulties for the railways and roads in utilizing their owned land without prior approval from the MoEFCC. Delays of 2-4 years in obtaining permissions were hindering various projects.