The draconian Forest Conservation Act of India (FCA, 1980) is being amended at last. Reading the Act leaves one with the impression of overzealousness on the part of government and judiciary that has made it into a favourite tool of extreme environmentalists to block projects of national importance for India’s economy and defence and a unique one such as the City of Auroville. The Act was passed four decades ago when there was a crying need to stop the unchecked depletion of forests in India.
One of the rules made under this Act required ten trees to be planted for every tree cut from forest land. Apparently, the govt went overboard as a 1:1 ratio would have been a reasonable stipulation, and certainly not 1:10. The Act was applied by central and state governments to only forests notified under the Indian Forest Act, 1927 (made under the British Rule), or any other areas as notified by other local laws. The Act left the definition of forests unstated as there were widely differing ones among India’s numerous states. The Supreme Court, presumably due to cases filed by the environmentalists, laid down in 1996 that the dictionary meaning of the word forest is to be applied to enact the provisions of the Act. Lands fitting that definition would be “deemed forest” irrespective of who owned the land. The highest court of the land thereby committed a legislative action beyond its assigned role which is to interpret the laws of the land. That was an example of what is described as judicial overreach or activism influenced by the environmental movements originating in the West that were being blindly copied in India. Due to this judgment, private lands with even shrubs and tree plantations would be treated as forests, attracting the provisions of the FCA. Wherever unused lands are, wild vegetation spreads naturally and the land owners when they want to utilise their lands for non-forestry purposes would be required by FCA section 4.2 (i) to pay for the purchase of an equal area of land and also its afforestation. It was like Inquisitional torture, not of the physical but financial and psychological kind, under a new religion called Environmentalism.
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The freedom to define land, not already classified as forests by the Centre or state records, as forest has been the prerogative of the States since 1996 (The Hindu, Oct 19, 2019). But demarcating forest lands based on the dictionary meaning of the word forest “did not happen, forcing the apex court to reiterate the need for a clear definition of forest land from the Centre” (thewire.in 14th June 2016). “Given our federal structure, it might be difficult for the Centre to come up with a definition but nothing stops them from formulating a broad set of guidelines to guide the States on the criteria for evolving such a definition,” said Kanchi Kohli, an analyst on forest rights issues at the Centre for Policy Research (The Hindu, Oct 19, 2019).
After the ruling party changed in 2014, the central government started consultations with the State governments on aspects of the Act that required to be looked into. Nearly a decade of consultation and receiving views from the public later, the govt. Has finalised and submitted to the parliament, which is in session from 20th July to 11th August, The Forest (Conservation) Amendment Bill, 2023. The Bill proposes to include a preamble. “The importance of forests in achieving the goal of net zero emissions by 2070, fulfilling the nationally determined contribution of additional carbon storage of 2.5 to 3 gigatons of CO2, increasing tree cover to occupy one-third of the country, preserving biodiversity, enhancing social, economic, and environmental benefits, and ensuring management of forests to restore the ecological security of the country are the goals emphasised in the bill. (Deccan Herald, June18, 2023)
The Bill re-names the FCA (1980) as "Van (Sanrakshan Evam Samvardhan) Adhiniyam" [V(SES)A, 2023] which includes a new section 1 (a) according to which the Act will be applicable only to lands that have been “recorded in Government record as forest, as on or after the 25th October 1980”. The “expression "Government record" means record held by the Revenue Department or Forest Department of the State Government or Union territory Administration, or any authority, local body, community or council recognised by the State Government or Union territory Administration”.
According to another new clause 2 (c) “tree, tree plantation or reafforestation raised on land” that are not “recorded in Government record as forest” since 1927 till now will not be covered under the provisions of the Act.
The above clauses may nullify the restrictions and blocks imposed by the National Green Tribunal (NGT) on Auroville which treated parts of its planned city area as a deemed forest by applying the provisions of FCA, 1980. Lands in Auroville’s Masterplan that have not been “recorded in Government record as a forest” and where trees, tree plantation or afforestation has been raised may be exempt from the Act. Hopefully, the entire Masterplan area would be eligible for exemption.
According to the gazetted masterplan the city area is about 50% green and open and there is a green belt around the city. When built there will be few cities in the world matching Auroville's harmony of green and built-up areas. If such an exemption is not available, then the Governing Board, Auroville Foundation ought to (immediately) request the Government of India to include a clause in VSESA, 2023 to exempt Auroville from the Act on the grounds that Auroville is a project to realise Human Unity in a model city for India and the World according to the vision of Sri Aurobindo, of universal importance and founded by the Mother because “India is the representation of all human difficulties on earth, and it is in India that the cure will be found”.
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| The Galaxy plan of Auroville City |
It may be relevant to note that Shri Bupender Yadav, Minister for Environment, Forest and Climate Change, in his Statement of Objects and Reasons submitted with the Act has said, “There is also a need to fast track the strategic and security related projects of national importance…” The Minister visited Auroville in August 2022.
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| Minister for Environment, Forests, and Climate Change Shri Bhupender Yadav at Matrimandir, Auroville, August 2022. |
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| The Minister being briefed by the Secretary, Auroville Foundation, Dr. Jayanti Ravi during his visit to Auroville in August 2022 |
Postscript: The Act was passed by both the houses of parliament and approved by the President of India on 4th August 2023. The gazette notification was published by the Ministry of Law & Justice on 5th August 2023