Introduction: India’s Forest Policy and Wildlife Protection Law

India has long been committed to environmental conservation, with policies and initiatives aimed at protecting its rich biodiversity and ensuring sustainable development. One of the cornerstone objectives of India’s environmental policy is to achieve 33% of its geographical area under forest cover. This ambitious goal is part of a broader effort to mitigate climate change, preserve wildlife habitats, and maintain ecological balance.

Currently, India’s forest cover stands at approximately 21.67%, (India State of Forest Report 2021). Achieving the 33% target involves significant challenges, including deforestation[1], land degradation, and competing land use demands.

India’s Wildlife Protection Act of 1972 is a landmark legislation designed to safeguard numerous species from extinction and protect their habitats. The Act provides a legal framework for the establishment of protected areas such as national parks and wildlife sanctuaries, which play a crucial role in conserving biodiversity. India’s commitment to wildlife conservation is further demonstrated through various species-specific projects like Project Tiger and Project Elephant.

International Commitments Towards Carbon Neutrality

India has also made several international commitments to environmental sustainability. One of the key agreements is the 30 by 30 initiative, which aims to protect 30% of the world’s lands and oceans by 2030. Additionally, India is a signatory to the Paris Agreement, where it has pledged to create carbon sinks of 2.5 to 3 billion tonnes of CO2 equivalent through additional forest and tree cover by 2030[i]. These commitments highlight India’s proactive stance on global environmental issues and its dedication to reducing carbon emissions.

India’s journey towards becoming a carbon-neutral country is supported by these national and international commitments. The government has implemented various policies and programs to increase forest cover, promote renewable energy, and enhance carbon sequestration. However, the path to carbon neutrality is fraught with challenges, especially when it comes to balancing development needs with forest conservation.

The New Forest Conservation (Amendment) Act (FCAA) In this context, the recent introduction of the Forest Conservation (Amendment) Act (FCAA) has sparked significant debate. The amendment aims to streamline the process of forest diversion for non-forestry purposes, making it easier for projects related to defence, infrastructure, and industrial growth. While proponents argue that these changes are necessary for national development and security, critics raise concerns about the potential impacts on forest conservation, biodiversity, and tribal communities.

Purpose of the Examination This article aims to critically examine whether India can afford to compromise its existing intact forest areas in light of the new FCAA. We will explore the controversial sections of the amendment, understand different perspectives including defence needs, industrial growth, farmer livelihoods, biodiversity conservation, and the rights of tribal communities. Furthermore, we will look into the aftereffects of the amendment in various states across India to provide a comprehensive understanding of its implications.

This balanced examination will provide insights into the complex interplay between development and conservation, guiding policymakers, stakeholders, and the general public in making informed decisions about India’s environmental future.

India’s Environmental Commitments and Goals

India has made substantial commitments to environmental conservation, aligning with both national priorities and international obligations. These commitments are multifaceted, covering forest conservation, wildlife protection, climate change mitigation, and adherence to global environmental agreements.

Forest Cover Objective

Achieving the 33% target involves several initiatives, including afforestation programs, conservation projects, and the involvement of local communities in forest management.

  • National Afforestation Program: This program aims to increase forest cover through tree planting and restoration of degraded forests. It focuses on eco-restoration, improving biodiversity, and enhancing the livelihood of local communities.
  • Green India Mission: Part of the National Action Plan on Climate Change (NAPCC), this mission aims to protect, restore, and enhance India’s diminishing forest cover. It targets the restoration of 10 million hectares and more of degraded land and increasing forest-based livelihood income for about 3 million households.​ [ii]

Wildlife Protection

India’s commitment to wildlife conservation is enshrined in the Wildlife Protection Act of 1972, which provides a legal framework for the protection of endangered species and their habitats. This act has led to the establishment of numerous protected areas, including national parks, wildlife sanctuaries, and conservation reserves.

  • Project Tiger: Launched in 1973, this project aims to protect tigers from extinction by ensuring a viable population in their natural habitats. It focuses on habitat protection, anti-poaching efforts, and community involvement.
  • Project Elephant: Initiated in 1992, this project aims to protect elephants and their habitats, addressing issues like human-elephant conflict, habitat destruction, and poaching​

Even though the focus of the program has been on the individual species, considering the fact species are closely linked to one another under in food chains and to the fact that habitat change has been a key reason for the biodiversity decline, conservation of the forest areas, even outside currently defined protected areas, as per GoI, becomes important.

International Treaties

India is a signatory to several international environmental treaties, reflecting its commitment to global environmental sustainability.

  • 30 by 30 Initiative: India is committed to protecting 30% of its lands and oceans by 2030. This global initiative aims to curb biodiversity loss and promote sustainable use of natural resources.
  • Paris Agreement: As part of its Nationally Determined Contributions (NDCs) under the Paris Agreement, India has pledged to create an additional carbon sink of 2.5 to 3 billion tonnes of CO2 equivalent through additional forest and tree cover by 2030. This commitment is part of India’s broader strategy to reduce its carbon footprint and combat climate change​ .

Towards Carbon Neutrality

India’s journey towards carbon neutrality involves several strategic initiatives aimed at reducing greenhouse gas emissions and enhancing carbon sequestration.

  • Renewable Energy Targets: India has set an ambitious target of achieving 175 GW of renewable energy capacity by 2022 and 450 GW by 2030. This includes solar, wind, biomass, and hydro energy projects. (MNRE-GoI)[2]
  • Afforestation and Reforestation: Enhancing forest cover through large-scale afforestation and reforestation projects is a key component of India’s carbon neutrality strategy. India has pledged to create an additional carbon sink of 2.5 to 3 billion tonnes of CO2 equivalent through additional forest and tree cover by 2030. These projects not only sequester carbon but also provide numerous ecological and socio-economic benefits​

However when we look into the performance of the India around these commitments, data suggests that India is quite on track to achieve the targets under energy intensity[iii] and renewable energy targets[iv] but the progress in creating additional carbon sinks is mixed, with ongoing challenges in land use and forest management. Against 30 by 30, India has made strides in expanding its network of protected areas, including national parks, wildlife sanctuaries, and biosphere reserves. As of now, approximately 5% of India’s total land area is under protected areas. However, achieving the 30% target will require substantial efforts and strategic planning. Ministries directly impacting the environment, such as road transport and heavy industries, have seen substantial budget increases, while the Ministry of Environment, Forest and Climate Change (MOEFCC) has had only modest budget increases since the 2015 Paris Climate Summit. But it is not just the multi time allocation given to extractive sectors but also ‘ease of forest diversion’ crafted under new amendment act.

The New Forest Conservation (Amendment) Act (FCAA)

The Forest Conservation (Amendment) Act (FCAA) of 2023[v] is a significant piece of legislation that introduces several changes to the existing Forest Conservation Act of 1980.

Overview of the Act

Redefinition of ‘Forest’:

  • The Act now clearly defines ‘forest’ to include:
    • Land declared or notified as a forest under the Indian Forest Act, 1927 or any other law.
    • Land recorded as a forest in government records on or after October 25, 1980.
    • Certain lands, such as those converted to non-forest use before December 12, 1996, are excluded from this definition, which has raised concerns about potential deforestation and ecological impact.

Delegation of Powers:

  • The central government can delegate the authority to approve forest land diversion for projects up to a certain size to state governments. This aims to expedite the approval process and reduce bureaucratic delays.

Exemptions for Strategic and Defence Projects:

  • The Act exempts certain categories of land from requiring forest clearance, including:
    • Land used for strategic linear projects (e.g., roads, railways) within 100 km of international borders.
    • Security-related infrastructure up to 10 hectares.
    • Defence-related projects and paramilitary camps in areas affected by left-wing extremism, up to five hectares.

Compensatory Afforestation:

  • Emphasizes the need for compensatory afforestation for diverted forest land, providing flexibility on where this can take place. This is intended to balance development with environmental conservation.

Streamlined Approval Process:

  • Simplifies and accelerates the process for forest land diversion, aiming to reduce the time required for project approvals while still maintaining environmental safeguards.

Reduction in Mandatory Public Consultations:

  • For certain projects, the requirement for public consultations has been reduced to expedite the approval process. This has raised concerns about potentially marginalizing the voices of local communities.

The FCAA is designed to make it easier for certain projects to obtain clearance for the use of forest land. This includes infrastructure development, defence projects, and industrial expansion. The Act introduces several key changes and clarifications, some of which have been met with both support and criticism from different stakeholders. 

Key Aspects and Critiques

The Forest Conservation (Amendment) Act (FCAA) 2023 has drawn significant criticism on several fronts. Firstly, the redefinition of ‘forest’ to exclude certain previously ambiguous lands aims to reduce bureaucratic delays but raises concerns about potential loopholes that might facilitate deforestation. This could undermine conservation efforts by allowing exploitation of lands not officially classified as forests. Secondly, delegating approval powers to state governments for forest land diversion is intended to streamline processes but may lead to inconsistent application of conservation laws and increased local political pressure, potentially compromising forest protection[vi].

One of the most controversial changes is the exemption for projects related to national security and strategic importance, such as infrastructure in border areas and regions with extremist activities[vii]. While proponents argue for the necessity of rapid development in these areas, environmentalists are concerned about the long-term ecological impacts, including significant deforestation and biodiversity loss in sensitive areas.

The amendment also introduces flexibility in compensatory afforestation, raising concerns about its effectiveness and ecological viability when afforestation is conducted far from the original diversion sites. This could result in a net loss of biodiversity and ecosystem services. Lastly, the reduction in mandatory public consultations for certain projects has been heavily criticized for potentially sidelining local communities, including indigenous tribes dependent on forest resources, leading to decisions that may not adequately consider social and environmental impacts.[viii]

Aftereffects in Different States

The implementation of the FCAA has varied impacts across different states in India. Some states have welcomed the amendments, citing the need for infrastructure development and economic growth. Others have raised alarms about potential environmental degradation and the undermining of conservation efforts.

  • Jharkhand and Chhattisgarh: These states, with significant forest cover and tribal populations, are likely to see a surge in development projects. The diversion of forest land without adequate compensatory measures and public consultation could lead to ecological degradation and displacement of communities. The balance between defence needs and environmental conservation will have to be therefore closely watched.
  • Maharashtra and Madhya Pradesh: States with robust industrial sectors might benefit from faster project approvals but will need to ensure that compensatory afforestation and biodiversity conservation measures are effectively implemented. In states like Maharashtra and Karnataka, the Western Ghats are a critical biodiversity hotspot. The potential for increased industrial and developmental activities due to eased forest diversion rules could threaten this sensitive region’s unique flora and fauna.
  • Northeastern States: These states, such as Arunachal Pradesh and Mizoram, have some of the highest forest cover in India. The exemption for strategic projects near international borders could significantly impact these areas, leading to deforestation and biodiversity loss in biodiversity hotspots. The reduction in mandatory public consultations could marginalize indigenous tribes and local communities who depend on these forests for their livelihoods. Regions with rich biodiversity and sensitive ecosystems could face challenges in balancing development and conservation.

What is required: A balance between Conservation and Development:

The FCA Act aims to streamline the process of forest land diversion for essential projects, particularly those related to national security and infrastructure, which are crucial for the country’s growth and safety. Though the intent to allow efficient forest diversion to take benefits of modern development, appears to be benefiting the local communities, it is essential to approach these changes, mindfully with a conservation-oriented mindset, as it can otherwise lead to sharp decline in biodiversity. Some of the international examples like deforestation in the Amazon for agricultural expansion and infrastructure projects, deforestation due to the conversion of rainforests to palm oil plantations, and deforestation in Malaysia for planation, have all lead to heavy loss of key biodiversity, long term carbon pools, local livelihoods for indigenous communities.

The government’s emphasis on compensatory afforestation reflects a commitment to environmental sustainability, but it is crucial to ensure that these efforts are ecologically viable and implemented effectively. In this context maintaining rigorous standards for public consultation and involving local communities, especially indigenous tribes, can help safeguard their rights and promote inclusive decision-making processes.

Ultimately, achieving a harmonious balance between development and conservation requires ongoing dialogue, robust environmental safeguards, and a collaborative approach involving all stakeholders. By prioritizing sustainable practices and upholding stringent conservation measures, India can continue to advance its development goals while preserving its rich biodiversity and forest ecosystems for future generations.

References:

[1] Deforestation could be outside government forest as replacement of the private forest. Forest being defined here as per FAO 1998 (FRA 2000) definition -Land with tree crown cover (or equivalent stocking level) of more than 10 percent and area of more than 0.5 ha. The trees should be able to reach a minimum height of 5 m at maturity in situ. May consist either of closed forest formations where trees of various storeys and undergrowth cover a high proportion of the ground; or open forest formations with a continuous vegetation cover in which tree crown cover exceeds 10 percent. Young natural stands and all plantations established for forestry purposes which have yet to reach a crown density of 10 percent or tree height of 5 m are included under forest, as are areas normally forming part of the forest area which are temporarily unstocked as a result of human intervention or natural causes but which are expected to revert to forest.  Includes: forest nurseries and seed orchards that constitute an integral part of the forest; forest roads, cleared tracts, firebreaks and other small open areas; forest in national parks, nature reserves and other protected areas such as those of specific scientific, historical, cultural or spiritual interest; windbreaks and shelterbelts of trees with an area of more than 0.5 ha and width of more than 20 m; plantations primarily used for forestry purposes, including rubberwood plantations and cork oak stands. Excludes: Land predominantly used for agricultural practices  https://www.fao.org/4/Y1997E/y1997e1m.htm

[2] Between 2005 and 2016, India reduced its emissions intensity by 21% and is on track to meet its 2030 target. As of 2022, India’s installed renewable energy capacity stood at around 151.4 GW, accounting for about 39% of the total installed capacity.

[i] Forest Survey of India. (2019). Technical Information Series, Volume 1, Number 3. Retrieved from https://fsi.nic.in/uploads/documents/technical-information-series-vol1-no3-16-06-2019.pdf

[ii] Ministry of Environment, Forest and Climate Change. (n.d.). About the mission. Green India Mission (GIM). Retrieved June 24, 2024, from https://moef.gov.in/moef/division/forest-divisions-2/green-india-mission-gim/about-the-mission/index.html

[iii] Between 2005 and 2016, India reduced its emissions intensity by 21% and is on track to meet its 2030 target. Government of India. (2018). India: Second Biennial Update Report to the United Nations Framework Convention on Climate Change. Ministry of Environment, Forest and Climate Change. Retrieved from https://unfccc.int/sites/default/files/resource/INDIA%20SECOND%20BUR%20High%20Res.pdf

[iv] Ministry of New and Renewable Energy. (2022). Year End Review 2022 – Ministry of New and Renewable Energy. Retrieved from https://mnre.gov.in/img/documents/uploads/file_f-1673943077991.pdf

VPRS Legislative Research. (2023). The Forest Conservation Amendment Bill, 2023. Retrieved from https://prsindia.org/billtrack/the-forest-conservation-amendment-bill-2023

[vi] PRS Legislative Research. (2023). The Forest (Conservation) Amendment Bill, 2023. Retrieved from https://prsindia.org/billtrack/the-forest-conservation-amendment-bill-2023

[vii] The Gazette of India. (2023). The Forest (Conservation) Amendment Act, 2023. Retrieved from https://egazette.gov.in/WriteReadData/2023/247866.pdf

[viii][viii] PRS Legislative Research. (2023). The Forest Conservation Amendment Bill, 2023. Retrieved from https://prsindia.org/billtrack/the-forest-conservation-amendment-bill-2023