According to government data presented in the Lok Sabha, over the past 15 years, more than three lakh hectares of forest land in India has been diverted for non-forestry use under the Forest (Conservation) Act, 1980. Union Environment Minister Bhupender Yadav informed the Lok Sabha that the maximum diversion of forest land occurred in Punjab, with 61,318 hectares diverted for non-forestry purposes since 2008-’09, despite the state having a total forest area of 1,84,700 hectares.

Madhya Pradesh witnessed 40,627 hectares of forest land being diverted for non-forestry purposes, followed by Odisha with 28,320 hectares, Telangana with 19,419 hectares, and Gujarat with 16,070 hectares.

The data indicated that the primary reasons for these diversions include mining (58,282 hectares), road construction (45,326 hectares), irrigation (36,620 hectares), transmission lines (26,124 hectares), defence (24,337 hectares), hydel projects (13,136 hectares), railways (9,307 hectares), thermal power (4,101 hectares), and wind power infrastructure (2,181 hectares).

In the midst of these developments, it was noted that 514 hectares of land had been encroached upon during this period.

As per reports, the government approved the diversion of forest land measuring 17,381 hectares in 2022-’23, 16,785 hectares in 2021-’22, 18,314 hectares in 2020-’21, 17,392 hectares in 2019-’20, 19,359 hectares in 2018-’19, and 19,592 hectares in 2017-’18.

However, in a significant move, the government recently amended the Forest (Conservation) Act, limiting its application to lands officially recorded as forests in government records. This action exempted specific categories of land from the Act's jurisdiction.

This amendment has stirred debates among conservationists. They argue that this change contradicts the Supreme Court’s 1996 judgment in the TN Godavarman case, which had asserted that the Act applied to land encompassed by the “dictionary meaning of forests” or “deemed forests,” i.e., forests not formally designated as such.

Environmentalists expressed concerns about the potential consequences of this amendment, particularly in regions near international borders and conflict zones. They contend that the exemption of forest lands from certain clearances could lead to unchecked deforestation and ecological degradation in these sensitive areas.

Moreover, experts raise questions about the amended law's impact on the rights of indigenous communities and forest-dependent tribes. They suggest that these amendments may run counter to the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, and the Panchayats (Extension to The Scheduled Areas) Act, 1996, which were established to safeguard the rights of marginalized communities.

In light of these developments, the balance between developmental pursuits and environmental preservation, as mandated by the Forest (Conservation) Act, continues to be a subject of scrutiny and debate.

Image source: TOI