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Why in News:
- The Supreme Court has emphasized that forests should be defined based on its 1996 judgment, challenging the government’s argument for amending the Forest Conservation Act (FCA) in 2023.
Forest Conservation Act 2023 Amendments:
- Amendment Reason: Aimed to narrow the FCA’s scope as expanded by the Supreme Court’s 1996 decision, making the act applicable to areas resembling ‘forests’ by dictionary meaning.
- Government’s Objective: Sought to clarify ambiguities and make FCA applicable only to notified forests and lands recorded as ‘forest’ in government records.
Supreme Court’s Forest Definition:
- 1996 Ruling: Declared FCA applies to lands either recorded as ‘forest’ or fitting the dictionary definition, emphasizing comprehensive protection.
Impact of 1996 Judgment on FCA’s Scope:
- Perceived Expansion: 2023 amendments aimed to correct the expansion of FCA applicability due to the Supreme Court’s interpretation.
- Legal Framework: FCA’s Section 2 highlights the law’s broad scope, not limited to “reserved forests,” applying to any forest land, reinforcing the Supreme Court’s wide definition.
Government’s Justification and Challenges:
- Development vs. Conservation: Amendments argued to facilitate development for forest-dwelling tribes, though Forest Rights Act 2006 already addresses basic development needs without needing FCA amendments.
- Legal Challenges: Amendments contested by retired forest officers and NGOs, fearing exclusion of significant forest areas from FCA protection.
Next Steps Following Supreme Court’s Order:
- Consolidated Forest Records: States and UTs must submit records of forests as per the 1996 judgment by March 31, with the Ministry to publish these records by April 15.
- Experts Recommendations: Experts have encouraged to expand protection to worthy forest lands, continuing the efforts to define and protect forests comprehensively.
