Thread by @debadityo

Forest (Conservation) Amendment Bill 2023 is introduced in the Lok Sabha today. Statement of Objects- the govt is trying to prevent misinterpretation of the provisions of FCA wrt recorded forest in T.N. Godavarman judgment. #Thread on my opinion from 1st reading of the Bill (1/n)

The Bill systematically dilutes the provisions of 'Deemed Forest' in Supreme Court judgment in T.N. Godavarman, where any land which is recorded as forest in govt record required 'Forest Clearance'. Now the amendment proposes to include only those lands which are recorded as… twitter.com/i/web/status/1…

This is major exemption & threaten a significant area of forest land in the country, especially because majority of such recorded forest lands were originally transferred to forest dept during abolishment of Zamindari system (in 50s-70s). (3/n)

But a large chunk of such transferred land could not be notified under Indian Forest Act or the State Forest legislations because of improper demarcation & corruption in previous administration. T.N. Godavarman order safeguarded further degradation of such 'recorded forest' by… twitter.com/i/web/status/1…

The Bill aims to significantly exempt the requirement of 'Forest Clearance' for Recorded Forests. forests within 100 km of international border, as well as establishments for defence and paramilitary forces, public utility on forest land. (5/n)

It also exempts forest land alongside railways & roads (upto 0.10 ha), >10 ha forest land 'proposed' to be used for security infrastructure. The list of exemptions under S2 now includes 'silviculture', establishment of zoo/safari, ecotourism facilities included in Management… twitter.com/i/web/status/1…

Terms like ‘proposed’, ‘ecotourism facilities’, ‘any other purposes’ are too vague & can be exploited or misused for activities damaging forests & ecosystems in forest lands. It’s also settled fact that silviculture or plantations are significant threat to Indian forests. (7/n)

This promotes commercialisation of Reserve Forests & irreversible disturbance to wildlife. Its common misconception that wildlife only occurs inside Protected Areas-in certain cases, habitats & biodiversity in RFs are better in PAs. RFs also provide livelihood & ecological… twitter.com/i/web/status/1…

The Bill also proposes to change the short title of the Act to 'Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980'. Ctizens from non-Hindi speaking States in India may not welcome this change. Irony is that the Act & the Amendment itself is still in English language. (9/n)

The Bill is now referred to the Joint Parliamentary Committee of the Parliament. which is expected to submit its report in Monsoon session (July 2023). I hope the JPC undertakes wide public consultation & recommend against any such changes which are regressive or potentially… twitter.com/i/web/status/1…

It is also not clear why the Minister of Environment chose to send the Bill to JPC & not Parliamentary Standing Committee. One probable reason can be that JPC is constituted based on the advice of the Minister & therefore may not give strong views against the Bill. However it is… twitter.com/i/web/status/1…

To conclude I must reiterate that the government is trustee of the forests & wildlife. It is also its constitutional duty to protect, improve & safeguard the forest and wildlife of the country. This amendment deviates from the protectionist approach of the FCA. (n/n)

One additional but imp comment, I missed yesterday. The Bill also proposed to exempt such forest land which is proposed for 'public utility projects' as may be specified by Centre- too wide. To understand what is public utility, @NyaayaIN nyaaya.org/legal-explaine…… twitter.com/i/web/status/1…