Forest (Conservation) Amendment Bill 2023 cites 1996 Supreme Court judgment

It aims to align forest conservation with national climate goals, such as Net Zero Emissions by 2070, while facilitating strategic infrastructure and improving livelihoods for forest-dependent communities.

Who it concerns: The law affects State Governments, Union Territory Administrations, and any authority or organization (including private entities) that seeks to use forest land for non-forest purposes, lease forest land, or undertake activities like surveys or construction on lands recorded as forests or notified under the Indian Forest Act, 1927.

What the bill does

• Inserts a new preamble referencing national targets for Net Zero Emission by 2070 and carbon sink creation.
• Changes the short title of the Act to 'Van (Sanrakshan Evam Samvardhan) Adhiniyam'.
• Defines covered land as land notified under the Indian Forest Act, 1927, or recorded in Government records as forest on or after October 25, 1980.
• Exempts specific lands from the Act, including: roadside amenities up to 0.10 hectares; tree plantations on non-forest lands; and strategic/security projects within 100 km of international borders/LoC/LoAC (up to 10 hectares for security infrastructure, 5 hectares in LWE areas).
• Allows the Central Government to specify terms and conditions for exemptions, including mandatory tree planting to compensate for felling.
• Expands the definition of 'non-forest purpose' to exclude conservation-related works like silvicultural operations, fire lines, and eco-tourism facilities included in management plans.
• Empowers the Central Government to specify conditions under which surveys (e.g., seismic, prospecting) are not treated as non-forest purposes.
• Grants the Central Government the power to issue directions to any authority or organization for the implementation of the Act.

Also in the document

• The Bill explicitly references the Supreme Court judgment of December 12, 1996 (T.N. Godavarman Thirumulpad vs. Union of India) in the Statement of Objects and Reasons to explain the need for clarifying the applicability of the Act to recorded forest lands.
• The exemptions for strategic projects are specifically tied to national security and areas affected by Left Wing Extremism (LWE).
• The Bill was introduced in Lok Sabha on March 27, 2023, by Shri Bhupender Yadav, Minister of Environment, Forest and Climate Change and Labour and Employment.