Forest Conservation Amendment Act, 2023: The changes and the controversy around it - EXPLAINED

On July 26, the Lok Sabha cleared the Forest Conservation Amendment Bill 2023 despite the various objections around it. The bill was introduced by the Union Ministry of Environment, Forest and Climate Change in 2021, with a view to balancing economic and ecological concerns regarding the forest conservation Act, 1980.
Environmental laws are and have always played a crucial role in the protection and conservation of the environment, and the sustainable use of natural resources. Article 48(A), of the directive principles of the Indian Constitution States that "the state shall make an effort to protect and improve the environment and shall also safeguard the forest and wildlife of the country". Article 51 A(g) makes it our fundamental duty to protect and improve our environment including forests, lakes and wildlife".

Evolution of Forest Conservation Laws
Environmental laws have always played a crucial role in the protection and conservation of the environment. These laws can be traced back to the Mauryan period when those who harmed the environment were punished. The very first legal draft for the protection of forests was The Indian Forests Act, 1865, which was later replaced by the Indian Forest Act, 1927, during the colonial period which only uplifted British interests. With the independence of India, concerns over the rapid depletion of its forests grew stronger and hence, the Forest Conservation Act, 1980 was enacted.
One of the primary objectives of this Act was to ensure and promote sustainable forest development in order to meet the economic, environmental and social needs of present and future generations. Furthermore, the Act extended its protection to areas that are not classified as forests not officially classified as forests but are ecologically sensitive, such forests are categorised as deemed forests and require approval of the central government for diversion. It prevented forest Lands from being converted into agricultural, grazing, or any other commercial purposes and intentions.

What has changed now?
As new and more complex challenges of climate change occur, its noxious impacts on the environment are becoming clearly visible. In order to tackle these new challenges, the Union Ministry of Environment, Forest and Climate Change proposed an amendment to the Environment Protection Act in 2021, to which Lok Sabha gave its assent on July 26, 2023.
Another objective of the Bill is the removal of ambiguity around the Supreme Court's, 1996 judgement in TN Godavarman Thirumulpad. The Supreme Court directed that "forests" will not only include forest as understood in the dictionary sense, but also any area recorded as forest in the government record irrespective of the ownership.

The impact of the amendment
The amendment inserted a preamble to the Act to encompass the country's rich tradition of preserving forests, their bio-diversity and tackling climate change challenges within its ambit.
The Act further divides land into two classes under its purview: (i) land declared/notified as a forest under the Indian Forest Act, 1927 or under any other law, and (ii) land not covered in the first category but notified as a forest on or after October 25, 1980 in a government record.
The Act also exempts all strategic linear projects of "national importance and concerning national security" within 100 km of international borders. It can also be seen promoting activities such as silvicultural operations, construction of zoos and wildlife safaris, eco-tourism facilities, and any other activities specified by the central government.
The amendment also exempts certain types of land from the provisions of the Act such as forest land along a rail line or a public road maintained by the government providing access to a habitation or to a rail, and roadside amenity up to a maximum size of 0.10 hectare.
Prior to the amendment, the state government required a prior approval of the central government to assign forest land to any entity not owned or controlled by the government. Now with the amendment, this condition is extended to all entities, including those owned and controlled by the government. It also requires that prior approval be subject to terms and conditions as prescribed by the central government. Elimination of ambiguities in the applicability of Act will facilitate the decisions making process on the proposals involving non-forestry use of forest land by the authorities.
The amendment also shall remove the 1980 Act's restrictions on creating infrastructure that would aid national security and create livelihood opportunities for those living on the periphery of forests.

What is the controversy around it?
The Bill was passed even despite concerns and objections raised by several entities not only from within the government but also by environment activists as well as the general public. One of the foremost criticisms of the Act is that the amendment does not really contribute towards regenerating natural forests. On the contrary, it is incentivising afforestation for commercial ends.
Many criticised that the amendment weakens the Supreme Court's Judgement of Godavarman (1996), which also extended protection to forests that are not officially classified as such.
Concerns from northeastern states were raised as the bill exempted the land near border areas for national security projects would adversely affect forest cover and wildlife in these states which have high forest cover and are biodiversity hotspots. Projects within 100 km of international borders or the Line of Control would no longer require forest clearance, which raises concerns about the environment and security. Some are also of the opinion that central protection for deemed forests and restrictions may lead to curbs on the tourism industry and related activities, as they could be further seen affecting biodiversity conservation and forest integrity.

Progress vs Conservation
The current amendment can be seen as a milestone in the enrichment and productivity of the forests, raising plantations outside forests and enhancing the regulatory mechanism besides catering to the livelihood of the local communities. It highlights the importance of India's goal of net zero emissions by 2070, to maintain ecological balance and promote sustainable development.
Industrial development is inevitable, and the amendment allows activities such as the creation of check posts, fire lines, eco-tourism facilities, safaris, silviculture, exploration and seismic surveys which may help in economic development, and contribute to national priorities may end up harming the environment and damaging the forests even more. However, there is a need to balance the economic benefits of such activities with that of conserving forests. To strike such a balance, the subjects which require case-by-case examination by the central government need not be given blanket exemption.

Satya Muley
Satya is a leading Civil & Criminal Law lawyer from Western India.
He practices at Bombay High Court, the Supreme Court and Courts in Pune/Maharashtra & New Delhi.
For any queries or support in legal matters you can reach him at or at Contact Us
Click here to read more about us.