Thread by @prernabindra

In a landmark (interim) judgement by #CJIDYChandrachud in our case challenging the amendment to the #ForestConservationAmendmentAct & asking for its repeal, the #SupremeCourt asks the govt to "go back" and uphold the “all-encompassing” dictionary meaning of forests as per the 202/1996 #Godavarman case, undermined and practically obliterated by the #FCAA. It ordered the @MoEFCC to issue a circular to this effect to States & UT’s. 1/n

#Environment #Forest #Wildlife #Conservation #RepealForestLaw2023 #SaveIndianForests #ActOnClimate #SixthExtinction #BiodiversityCrisis

This was in response to our plea that the @MoEFCC had violated in multiple ways its assurance to the #SC that no precipitative action will be taken by the ministry with regard to forests as per the Godavarman order. Our plea to the #SC was to ask for a) stay on the rules of the #FCAA; b) to uphold the dictionary meaning of #forest as per 202/1996 order & c) for the SEC reports to be called and examined by the Court. 2/n

For context on rules and guidelines see links at the end of 🧵.

Most significantly, the #SC has directed that all #StateExpertCommittee reports identifying all categories of forests including unclassed forests & irrespective of ownership as per the 202/96 Godavarman case be collected by @MoEFCC from the States & UTs by 31st March 2024, and then digitise the geo-referenced maps as per the Lafarge order of 2011. These must be uploaded on the MoEFCC website by 15th April 2024 - thus finally placing this crucial information in the public domain. 3/n

The significance of the #SEC reports has been repeatedly hammered in our petition, in all our communications including on X and in our response to the Joint Parliamentary Committee (JPC) report on the then proposed amendment bill, where the @MoEFCC had assured a parliamentary Committee—no less—that the Godavarman judgement was not being undermined as alleged, and that #forests would be protected as per the SEC reports. 4/n

The SEC reports are not in the public domain. Its 27 years since the Godavarman order—and we still don’t know if all states have prepared the reports or their content & quality. The one report we had #Kerala & later #Assam are indicative that most reports are generic, w/o geographic locations, boundaries and extent; They are poor, shoddy, sloppy jobs; lacking ground truthing & cadastral surveys. 5/n

But it turns out it is not just the Indian public, but also the @MoEFCC which is clueless about SEC reports. In fact, they do not have the SECs. Yes! This shocking truth was revealed in a reply to an RTI asking the @MoEFCC for the SECs filed by co-litigant & prime #wildlife warrior #MsPrakritiSrivastava. 6/n

RTI detail documents -
drive.google.com/drive/folders/…

We had contended that the #Rule16(1) of the #FCAA issued on 29,Nov 2023 which ask the states to provide for new reports identifying #forests would be a farce to cover-up the absence and poor quality of existing SEC reports. With no access to the SEC reports, the new Rule 16(1) reports would misrepresent data, pretend SEC reports data is included. It would draw a veil over  the extent of (illegal) diversions of recorded #forest areas in revenue records, #deemedforests, #unclassedforests etc & forests as per dictionary meaning that have been done in the last 27 years in violation of the 202/96 #SC Godavarman #judgement. 7/n

Amazingly, thankfully, in this context, the #SC directed that the process under Rule 16(1) shall take into account #forests identified by SECs as per 202/96, and further expand protection to additional #forestland including any #afforestation which has taken place subsequently. 8/n

We are deeply grateful to the bench for understanding the importance of the SEC reports, geo-referenced maps of all categories of #forests as per #Lafarge order of 2011 and re-establishing the definition of forests as per the #SupremeCourt order of 202/96 in the #Godavarman judgement. 9/n

Prior permissions for #zoos & #safaris is very welcome and will potentially help protect inane schemes and destructive projects to divert diverse #ecosystems and #forests across the country from building mega zoos & safaris. For eg., in the #Aravalis, Cachar & #Dibrugarh #Assam. We want our wildlife wild, not captive for our entertainment. 10/n

We are deeply grateful to our fantastic legal team led by #PrashantoSen who fought brilliantly, Dr Ranjitsinh - the leading light who made this possible & #PrakritiSrivastava for researching & crafting watertight arguments and each of the litigants for their unwavering commitment.

Thanks to @Deepikasana and @KrithikaSampat1 for pitching in, and helping out.

@ArvindK92925776 @debadityo
11/11

Further links:
Rules 16(1):

Critique/analysis of #ForestConservationAmendmentAct2023



Tweet on our petition to the #SupremeCourt to stay the #FCAA:


Thread on analysis of #FCAA Rules/Guidelines Part I:


Thread on analysis of #FCAA Rules/Guidelines Part II:


Thread on analysis of #FCAA Rules/Guidelines Part III:


Thread on analysis of #FCAA Rules/Guidelines Part IV:


Van (Samrakshan Evam Samvardhan) Rules 2023:


For context on SECs Read this:
drive.google.com/file/d/1x3LyxC…
sanctuarynaturefoundation.org/article/a-deat…

https://twitter.com/prernabindra/status/1715557763646976416

https://twitter.com/prernabindra/status/1736431887810179314?s=20

https://x.com/prernabindra/status/1737871800376205479?s=20

https://twitter.com/prernabindra/status/1740442240819048540

https://twitter.com/prernabindra/status/1745097066466943335

drive.google.com/file/d/1_lCP40…

https://twitter.com/prernabindra/status/1715557791581221121

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