New bill a threat to forest, its people

The FCAB may in effect obliterate India’s rich tradition of preserving forests and biodiversity

During the last week of March 2023, the Forest (Conservation) Amendment Bill (FCAB) was introduced in the Lok Sabha. It aims to amend the Forest Conservation Act of 1980, which provides strict guidelines for seeking approval from the central government to divert forest lands for non-forestry purposes. The bill exempts certain categories of lands from the purview of the Act to fast-track strategic and security-related projects of national importance, to provide access to small establishments and habitations on the sides of public roads and railways, and to encourage plantation on non-forest land.

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As per the established procedures, the bills are referred to a standing committee. In the present case, it should have been sent to the Parliamentary Standing Committee on Science, Technology, Environment, and Forests. Instead, it has been referred to a select committee of parliament in Lok Sabha, comprised of MPs from the ruling party, that will ensure the smooth passage of the bill.

Is it a deliberate move to keep away Jairam Ramesh, an opposition MP who is the chairman of the Standing Committee? We never know. However, the fundamental question of whether the proposed bill, once it becomes an Act, will be able to conserve the dwindling forest resources remains. And what are its implications for the millions of forest dwellers who depend on forests for their livelihoods?

Forest clearance is not needed for projects that fall within 100 km of an international boundary or line of control. It means that the ecologically rich and biodiverse areas along 15,000 km of international border are open for destruction in the name of strategic projects.

The entire Himalayan region, the eastern states, the fragile islands of Andaman and Nicobar, and the only remaining forests in the Western Ghats on the west coast can be diverted without any checks and balances.

To harness the rich forests of Central India, the FCAB has evolved another strategy. Forests up to 10 hectares can be cleared by paramilitary forces in left-wing affected areas. Obviously, no forests are to be left to be conserved or protected; the overarching control is evident in the economic model that is based on extractive resources.

Further, exemptions for eco-tourism resorts and making way for ‘silvicultural’ operations and the establishment of zoos and safaris are a clear indicator of allowing the private sector to take control of forests. Henceforth, forest areas can be leased to private or corporate entities for afforestation purposes to meet the target of creating a carbon sink of 2.5 billion tonnes of CO2 equivalent by 2030. In plain terms, it is the commodification of forest resources to help the corporate sector access the global carbon market.

What is intriguing is the sweeping power given under the bill that states “any other like purposes, which the central government may, by order, specify.” This ambiguous terminology negates the purpose of the proposed bill, which is not only regressive but bereft of any checks
and balances to protect natural resources.

Conservation of forests has to go hand in hand with the participation of forest dwellers. The Forest Rights Act 2006 is a medium through which this is assured, as prior permission of the gram sabha is essential for diversion of forest lands; the FCAB violates this statutory provision. As a consequence, this will have negative implications for millions of Adivasis.

Over the years, the central government has systematically weakened the institutions that are the foundations for the functioning of participatory democracy. Following the same ideology and with the aim of promoting ‘ease of doing business,’ it has sought to dilute the FC Act that laid a strong foundation to conserve the remaining natural forests.

Even before the bill was introduced, the central government issued notifications and rules to circumvent the FCA and make way for linear infrastructure projects that took a toll on forests and wild life.

The present government must realise that building a strong nation is feasible only through the protection and conservation of its primary forests, which provide national security through the provision of water, soil, and clean air that are basic assets of mankind. It also helps mitigate climate change.

The preamble to the FCAB makes claims about India’s rich tradition of preserving forests and biodiversity; but the proposed amendments result in obliterating this tradition while paving the way for the commodification of forests by permitting private companies to own and lease forest land.

If this amendment is enacted, there will not be much to conserve. So it is ironic that the act is called the Van Samrakshan (conservation) and Samvardhan (enhancement) Adhiniyam. It should be called the Forest Destruction Bill 2023!

(The writer is a Uttara Kannada-based
environmentalist.)