prerna singh bindra 🐘🐅🐾 Profile picture
Feb 21 13 tweets 7 min read Read on X
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 #BiodiversityCrisisImage
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/nImage
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/nImage
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/…Image
Image
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/nImage
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/nImage
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
11/11Image
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…





drive.google.com/file/d/1_lCP40…
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More from @prernabindra

Jan 10
What follows below is a 🧵 on Part IV of the rules & guidelines of the
#ForestConservationAmendmentAct2023/the Van (Samrakshan Evam Samvardhan) Rules
2023 analysed by #PrakritiSrivastava (thanks!). These guidelines deal with leasing of #forestlands including for #mining (Links for context at the end of 🧵) 1/n
#ProtectOurForerst #environment #RepealForestLaw2023 #SaveForests #Wildlife #India
#ClimateEmergency #FCAA2023 #climate #planetearth #Conservation #SaveHasdeo
#SaveMollem #SaveNicobar #SaveEnnoreCreekImage
The rules say: “forest land assigned for mining does not allow breaking of forest land.” But one would imagine that for mining ‘breaking the land’ is essential? Koi samjhaye zara ke yeh chamatkar kaise hota hai? 2/n
#RepealForestLaw2023
It is worth noting here that #Forestlands are auctioned for mining in #Odisha (other states?) under the Mines and Minerals (Development) and Regulation Act. It is reprehensible that #natural #forests are being auctioned to the highest bidder. 3/n
#RepealForestLaw2023 #minerals #minesImage
Read 15 tweets
Dec 21, 2023
Ok, people, be ready for another🧵on the Horror Story that is the#ForestConservationAmendmentAct2023 and its rules & guidelines-links on earlier analysis at the end of🧵
Long, complex reading, BUT if you care about #India’s #forests #wildlife #tiger, and actually a future with #cleanair to breathe, #rivers that run, a stable #climate basically a functional #planet read on and SPEAK UP.
This one is on Part II of the guidelines the Van (Samrakshan Evam Samvardhan) Rules 2023:

These ‘guidelines are meant for some of the many exemptions from #forest #environment scrutiny under the #FCAA. 1/ndrive.google.com/file/d/1_lCP40…Image
Exemption 1:
A big one: Only two categories are given legal protection under #FCAA:
A.) Notified forests & those in govt. record as forest as on, or after, 25.10.1980. This undermines, practically nullifies, the hon’ble #SupremeCourt’s #Godavarman order. So under the #FCAA huge tracts #Aravalis are no longer #forest, or another eg. unrecorded montane #rainforests #Kerala or #TN.
B.) If a private person possesses say 500 acres of #forests, they can be diverted, cleared without any legal scrutiny.
There is Nothing about how these lands will be identified, protocol for their identification. As I have said before, and will again: This #forest lands should have been identified by the 'State Expert Committee' reports way back in 1997 post #Godavarman SC order but are missing in action; despite a rap on the knuckles by the SC in 2011 #Lafargecase order.
Forget the citizens of #India, how does the officer on the ground KNOW which #forests have legal protection? 2/nImage
Exemption 2:
This one is cancerous (not that other clauses are benign):
Up to 10ha used for security related infrastructure. Makes EVERY & ANY patch of #forest in #India vulnerable, up for grabs, as there is zero clarity where this clause applies.
So can be used anywhere in the country under the guise(sorry) of strategic reasons. 3/nImage
Read 14 tweets
Dec 8, 2023
🧵 In our petition challenging the constitutionality of the #ForestConservationAmendmentAct2023 (we appeal for a stay). In the hearing on 30th Nov, the advocate for the @MoEFCC assured the Hon’ble #SupremeCourt that, 1/n
#StopFCA2023 #ProtectForests
a)the ministry had no intention to dilute the scope of #forest as defined by the #SupremeCourt in its #Godavarman order. b) that @MoEFCC would ensure that the order is observed in letter and spirit. 2/n
It was assured to the #SupremeCourt & I quote:“that no percepetative actions will be taken by the Union of India, until further orders, with regard to forests as understood in the dictionary sense”This was a day before the amended Act was to come into force from 1st Dec 2023. 3/n
Read 25 tweets
Nov 6, 2023
🧵The #Forest (#Conservation) Aamendment Act comes into force on Dec 1. There is nothing ‘conservation’ in the amended Act, it is blatantly, unapologetically a law that facilitates diversion of #forest lands & into private hands 1/n
onmanorama.com/news/kerala/20…
It changes the definition of #forests, it nullifies the Supreme Court’s 1996 Godavarman judgement, removing vast swathes of forest from protective legal cover, leaving every patch of #forest vulnerable for diversion, destruction. Read this for details sanctuarynaturefoundation.org/article/a-deat…
#wildlife will lose its habitat, #tigers #elephants #pangolins #bears their forest-millions of our people will lose their source of livelihood. We will lose #watersheds
The disaster this will unleash is unimaginable, irrevocable.
Read 21 tweets
Aug 14, 2023
Thread on how the Forest #Conservation (HAHA) Amendment Act is unfolding,unleashing potential destruction of HUGE tracts of #forests. Leading the charge is #Odisha,the Addl Chief Secretary,top official in charge of state forests has issued a letter to all forest officials 1/n Image
...Asking for all forest diversion proposals b treated & submitted as per provisions of Amended Act.Note that letter specifies that the concept of deemed forest is REMOVED,in direct contradiction to the JPC report where the @moefcc assures the JPC that the amended FCA 2/n Image
..is in line with the #Supreme Court’s Godavarman order & further says that deemed #forest lands have been identified and recorded by State Expert Committees (SEC’s), as per the SC order. So (worry not) these will be covered under the Amended FCA. BUT there is NO clarity on: 3/n
Read 14 tweets
Jul 9, 2023
Deathknell for #India's #forests - foundational to our survival, growth. watersheds, rain makers, #climate buffers, refuge for #wildlife, interwined with our culture, livlihood for milllions. Our national, natural #heritage
to be sold for a song 1/5
thehindu.com/sci-tech/energ…
The bill limits the scope & ambit of the original FCA (1980), removing crucial safeguards from a vast majority of India's #biodiverse rich #forests, opens the floodgates for diversion for other uses.
my #twitter thread on it here: 2/5
Undoes many provisions of the existing #ForestConservationAct; c) dilutes the 202/1996 #SupremeCourt ‘Godavarman’ #judgement
Ms Prakriti Srivastava,IFS (PCCF #Kerala) & I jointly wrote a submission to the Joint Parliamentary Committe Read here: 3/5
sanctuarynaturefoundation.org/article/a-deat…
Read 5 tweets

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