Draft amendment to Forest Conservation Act[IMP]

Question 1

Draft ammendements

Answer 1

Government proposes to do following

• exemptions to railways, roads, tree plantations, oil exploration, wildlife tourism and ‘strategic’ projects in forests.
• empower state governments to lease forest land to privates
• complete the process of forest identification in a time-bound manner.
• enable the creation of ‘no-go’ areas, where specific projects would not be allowed.

Question 2

What’s the issue and concern?

Answer 2

• Dilutes provisions of Godavarman case (TN Godavarman Thirumulkpad vs Union Of India & Ors).(SC,1996)
• Case started to stop illegal felling of timber in the Nilgiri hills, but ended up expanding the coverage of the FCA.

Question 3

How proposed amendment seeks to reduce the scope of this judgment?

Answer 3

by limiting the applicability of the FCA to

• Declared or notified as forest under the Indian Forest Act, 1927.
• Recorded as forest land in the government record prior to 25 October 1980, with the exception of such land if its use has been changed from forest to non-forest purpose prior to 12 December 1996.
• Identified as “forest” by a state government expert committee up to one year from the date of the amendment.

Question 4

About the Forest (Conservation) Act, 1980:

Answer 4

• principal legislation that regulates deforestation
• prohibits the felling of forests for any “non-forestry” use without prior clearance by the central government.
• clearance process includes seeking consent from local forest rights-holders and from wildlife authorities.
• Centre is empowered to reject such requests or allow it with legally binding conditions.