As the Forest (Conservation) Amendment (FCA) Bill 2023 is expected to clear its final legislative hurdle – approval in Rajya Sabha - this week, concerns over the impact it may have on India's forest ecosystem and environment persist.

The proposal to exempt the land near border areas for national security projects from the purview of the law is feared to have an adverse impact on the forest cover and wildlife in North Eastern states. A blanket exemption for use of forest land for projects like zoos, eco-tourism facilities and reconnaissance surveys is another concern flagged by Delhi-based independent legislative research institute, PRS Legislative Research. The PRS brief on the Bill also points out the exclusion of two categories of land from the purview of the Act - land recorded as forest before October 25, 1980, but not notified as a forest, and land which changed from forest-use to non-forest-use before December 12, 1996 - may go against a 1996 Supreme Court judgement on preventing deforestation.

The Bill had also seen civil society groups raising voices against it across the country.

"Exclusion of forests 100 km from the line of control from the ambit of FCA will lead to widespread, unrestricted construction of roads in the critical, invaluable forests along the international borders. Our border areas encompass some of the most biodiversity rich forests and protected areas in North East India, Himalayas,Western Ghats, Andaman & Nicobar islands, deserts, mangroves etc which are ecologically sensitive areas and a habitat for rich and endemic biodiversity including several endangered species such as the Red Panda, Snow Leopard, Kashmir Stag, Tibetan Antelope, Markhor, Hoolock Gibbons, and many other endemic species of flora and fauna. These areas are also catchment of many lakes and rivers, destruction of which would have consequences for the water security of the country," says Bhanu Tatak,Co-Founder- Indigenous Research and Advocacy Dibang, Arunachal Pradesh.

"Also, infrastructure projects involve activities such as blasting and excavation, creating tunnels, damming of water streams etc., which has significant and irreversible damage to the ecologically sensitive landscape of the Himalayan regions. Tribal communities of Arunachal and other NorthEastern states have protected our forests for eons. We will not let India's elected representatives destroy our ecological heritage,” he adds.

According to Neelam Ahluwalia, Founder Member and Trustee of the Aravalli Bachao Citizens Movement, it is estimated that around 39,063 hectares of forests are under the sacred groves across India protected and managed as forests by local communities even though they are not currently notified as forests. "The FCA Amendment Bill will decimate such lands across the 690 km Aravalli range spread over 4 states and the rest of the country. Also, hugely at riskare 50,000 acres of Haryana Aravallis since these forests have not yet been notified as deemed forests. The Supreme Court has repeatedly directed the Stateof Haryana to identify forests as per dictionary meaning in Godavarman (1996)judgment but the government has failed to carry out this exercise”, says Ahluwalia.

A letter that was signed by over 400 researchers, ecologists and students outlining the various concerns regarding the bill has also been sent to India’s EnvironmentMinister. "The unanimous collective demand from citizens across India is for this regressive amendment bill to be scrapped in its current form. An emailcampaign addressed to leaders of political parties and members of parliament in the Lok Sabha and Rajya Sabha is ongoing," National Alliance of People's Movements says in a statement.

National Forest Cover

Forest Bill: Fear of adverse impact on ecosystem persists