Abstract
The Forest Conservation Amendment Act, 2023 makes sweeping legal and policy changes to align India’s forest policy with its development aspirations and global climate commitments. By amending the Forest (Conservation) Act, 1980, the new legislation attempts to promote a harmonious balance between environmental protection and development of infrastructure and strategic projects on the border.
The new legislation amends the legal definition of ‘forest’ to include only land that has been formally notified or recorded as forest from October 25, 1980, thus excluding massive unrecorded yet ecologically important forests. The Act has a preamble that highlights climate resilience, biodiversity preservation, and well-being of forest inhabitants, besides renaming the legislation as Van (Sanrakshan Evam Samvardhan) Adhiniyam, marking a transition from conservation to sustainable development.
However, the amendments to the law have significant social and environmental implications. The exclusion of sensitive areas from the regulatory sphere is likely to lead to habitat fragmentation with consequent loss of biodiversity and increased climate change risk. The legal system allows for commercial plantation development on non-forest land, thus degrading natural habitats and reducing long-term carbon sequestration potential. Additionally, it provides undue discretionary power to the Central Government, thus encroaching on the autonomy of the state governments and undermining the rights of indigenous communities as enshrined under the Forest Rights Act of 2006 and constitutional provisions.
Finally, the lack of obligatory consent from the local community further weakens participatory governance processes. The amendment, with an attempt to avoid administrative delay and encourage afforestation, raises concerns of ecological degradation and constitutional accountability as well. How much the provisions of the Act are so put into practice that they really blend development with sustainability and equity will also determine the success of the Act. Without strong institutional safeguards, there is a risk that the law can undermine India’s environmental goals, including its Paris Agreement commitments, and also violate the rights and well-being of people living in forests.
Introduction
The Forest Conservation Amendment Act 2023 brings revolutionary changes to Indian forest governance by strengthening the 1980 Forest Conservation Act for modern international climate obligations and domestic developmental targets and environmental challenges. The amendment focuses on the concurrent necessity of environmental conservation and economic development by encouraging afforestation schemes, the expeditious approval of projects in strategic locations, and the demarcation of the extent of forest land under the purview of the Act.[1] India aims to increase its forest and tree cover to 33% of its geographic area and become net zero emission country by the year 2070, thus, legislative reforms of this nature are imperative to reconcile development and sustainability.[2]
One of the key features of the Amendment is the inclusion of a new preamble in the act that Indicates the necessity of forests in combating climate change, conserving biodiversity, and supporting forest-dependent communities. The amendment also changes the title of the Act to Van (Sanrakshan Evam Samvardhan) Adhiniyam, symbolizing a broader approach that goes beyond conservation to include forest development. Moreover, it delineates the applicability of the Act to remove ambiguity that arose after the landmark Supreme Court judgment in T.N. GodavarmanThirumulpad v. Union of India[3], which had significantly broadened the definition of forest.
Forests are important to maintaining ecological balance, regulating the hydrological cycle, and acting as carbon sinks in the environment. They play a vital for maintaining agriculture, soil erosion, reducing the negative effects of climate change.[4] More importantly, Millions of indigenous people and local communities rely on them for food, fuel, medicine, and livelihood. The amendment attempts to create a policy framework that respects these ecological and human dimensions while allowing for essential developmental activities in border and security sensitive areas.
By attempting to clearly define forest land and exempt certain types of land from stringent conservation requirements, the Act aims to eliminate legal uncertainty and administrative delays. However, the success of these changes will rely heavily on how the balance between environmental protection and developmental exigencies is maintained in implementation.[5]
Key Features Of The Forest Conservation Amendment Act, 2023
The Forest Conservation Amendment Act of 2023 changes the legal environment regulating forests in India. One of the most significant changes is the restrictive interpretation of the term “forest.” The amendment restricts the ambit of the application of the Forest Conservation Act, 1980 to land that has been notified as forest under any law or noted as forest in government records on or after October 25, 1980, thus excluding vast areas that might still have forest-like features but are not formally notified or recorded.
This has caused concerns about the possible declassification of ecologically valuable lands. In addition, the amendment provides clear exemptions for strategic linear projects of national significance, including security-related ones along international borders, within 100 km of the line of control, which no longer need to apply for prior forest clearance under the Act. Another significant aspect is the ease of forest land diversion for “security-related infrastructure,” oil and natural gas exploration, establishment of zoos and eco-tourism complexes, reflecting a policy change towards developmental overtones.
Moreover, the amendment makes it clear that private lands unless previously notified or recorded as forest are outside the scope of the Act, thus relaxing restraint on their use and encouraging private afforestation without the statutory burden applicable to notified forests. This redefinition and selective exemption regime have far-reaching effects on conservation measures and could expose the forests to greater vulnerability to fragmentation and commercialization. The new regulations, though intended to simplify clearances and promote ease of business, have been faulted for weakening India’s global climate goals and constitutional duties in safeguarding the environment under Article 48A and Article 51A(g)[6] of the Constitution.
Legal Impact of the Act
The Forest Conservation Amendment Act, 2023 establishes a new definition of ‘forest’ which restricts legal protections to lands defined under the Indian Forest Act 1927[7]. The Act now excludes extensive unrecorded forest areas and community-managed forest lands because of its new definition of protected forests. The revised definition of forest reverses a broad interpretation set by the Supreme Court in T.N. GodavarmanThirumulpad v. Union of India which required all dictionary-defined forests to receive protection under the Forest (Conservation) Act 1980 without any restrictions on ownership or notification status.
The narrowed definition of forest areas through this Act may lead to unprotected ecologically valuable zones which can be destroyed through deforestation and exploited for commercial purposes. The amendment establishes exceptions for certain types of forest lands which the Act does not cover including linear projects within 100 km from international borders and security infrastructure spanning up to 10 hectares as well as paramilitary camps and public utilities in Left Wing Extremism areas.
The amendment also grants the Central Government the authority to exempt additional categories of forest land in the future through its power to modify the definition of forest. The amendment also allows the Central Government to define new categories of forest land in the future through its power to modify the definition of ‘forest’. Through its power to modify the definition of forest land the Central Government received authorization to exclude additional categories of forested areas that did not exist during the original drafting of this amendment. The Central Government holds the power to modify the definition of ‘forest’ which enables them to exclude new forest land categories from protection under the Act.
Government officials believe that security and strategic development require these exceptions but they reduce the oversight systems that protected forest land from unauthorized use before. The Act provides the Central Government with extensive authority to define operational contracts and direct state officials which leads to complete central authority over project decisions. The system weakens environmental governance at the federal level because it reduces state authority which typically holds better knowledge of local environmental and social conditions.
The protection of indigenous people through legal means becomes a major focus of concern. The Forest Rights Act from 2006 receives no specific protection through this legislation which fails to establish requirements for tribal community consent about their customary land use. The statutory protection of these areas declines because they no longer maintain their legal forest classification which weakens participatory governance systems that protect these lands.[8]
The amendments endanger both ecological sustainability and the constitutional rights of Scheduled Tribes who receive protection under Articles 244 and 275[9]. The modifications shift the framework from conservation priorities to accelerated development under centralized control which creates risks for both environmental sustainability and human rights protection.
Environmental Costs of Exemptions
The objective of The Forest Conservation Amendment Act, 2023 is the conservation of the forests as well as the promotion of reforestation in the country but its operation has severe severalenvironmental consequences like the Act does not safeguard some forest locations such as strategic infrastructure corridors and non-notified plantations which leads to the loss of wildlife habitats and fragmentation of ecosystems impacting migration and ecosystem health.
The development of commercial plantations on non-forest land threatens to destroy natural ecosystems by replacing them with single-species plantations which lead to decreased biodiversity and negative impacts on soil quality and water systems and native wildlife. Research demonstrates that commercial plantations demonstrate reduced ability to store carbon compared to untouched forests and they become more susceptible to pest infestations and fire risks.
The Act provides exemptions which develop sustainability challenges for strategic operations in sensitive border zones such as the Himalayan region and forest-rich areas which endure glacial retreat and rainfall disturbances4. India’s Paris Agreement targets will face complications because of these developments which affect carbon storage goals and sustainable resource management.[10]
Conclusion
The Indian government enacted the Forest Conservation Amendment Act of 2023 to establish clear forest administration guidelines while showing its commitment to environmental protection and efficient development. The law redefines forests yet provides various special interests with exceptions that could lead to permanent damage to nature and society. The new definition of forest which could exclude extensive important ecological areas from legal protection threatens both biodiversity and forest preservation and carbon-sequestration targets. The Act weakens traditional conservation methods that stem from native knowledge and community-based governance because it provides minimal support for indigenous rights and community leadership. The amendment, which is proposed, by this act aimed at enabling rapid development by the concentration of local governments control and representatives of forest inhabitants. Proper functioning of the Act necessitates strong regulatory frameworks in conjunction with well-established administrative procedures and continued interaction with local communities in a bid to maintain the preservation of economic advancement together with social and environmental benefits. Without effective protective mechanisms, the amendment will tend to cause more problems than solutions.
[1] The Forest (Conservation) Amendment Act, 2023, No. 22, Acts of Parliament, 2023 (India).
[2] India: Ministry of Environment, Forest and Climate Change, Nationally Determined Contributions – Update, (2022), available at https://moef.gov.in.
[3]T.N. GodavarmanThirumulpad v. Union of India, (1997) 2 SCC 267.
[4] Food and Agriculture Organization (FAO), The State of the World’s Forests 2022 (2022), https://www.fao.org/documents.
[5] Shibani Ghosh, Forest Governance in India: Reconciling Environmental and Developmental Priorities, 10 NUJS L. Rev. 245 (2023).
[6] India Const. art. 48A; art. 51A(g).
[7]The Indian Forest Act, No. 16 of 1927, § 2, India Code (1927).
[8]Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, No. 2 of 2007, § 3, India Code (2006).
[9] INDIA CONST. arts. 244, 275.
[10]See United Nations Framework Convention on Climate Change, India’s NDC Submission, available at https://unfccc.int.
Author Name- Fahad Ali, a third-year law student at Dr. Ram Manohar Lohiya National Law University
