New Forest Conservation Rules, 2022 : Daily Current Affairs

Relevance: GS-3: Conservation, Environmental Pollution and Degradation

Key Phrases: FRA 2006, FCA 1980, Forest Advisory Committee, CA, CAMPA, NCAF, SCAF, TN Godhavarman Case (2002);

Context

The new rules have been notified by MoEFCC (Ministry of Environment, Forest and Climate Change) under Forest Conversation Act, 1980.

Key Highlights

Provisions of the new rules

Project approval only after Traditional Forest Rights are ensured.
State Governments to settle the claims of Forest Rights of community dwellers.
For monitoring the Act, the following committees will be constituted
- an advisory committee
- a regional empowered committee and
- a screening committee at the State/UT
Allows for Compensatory Afforestation (CA) in other states
- CA to be carried out in states with Forest Cover <20% in case a state already has,
  - 2/3rd (66%) under Green Cover or
  - 1/3rd (33%) under Forest Cover
Time Frame will be attached for quicker review of the project.

Do you know?

As per Conference of Parties (CP) 9-Kyoto Protocol, the forest can be defined by any country depending upon the capacities and capabilities of the country as follows:-

Forest- Forest is defined structurally on the basis of :
- Crown cover percentage : Tree crown cover- 10 to 30% (India 10%)
- Minimum area of stand: area between 0.05 and 1 hectare (India 1.0 hectare) and
- Minimum height of trees: Potential to reach a minimum height at maturity in situ of 2 to 5 m (India 2m)

India’s definition of forest has been taken on the basis of above three criteria only and very well accepted by United Nations Framework Convention on Climate Change (UNFCCC) and Food and Agriculture Organization (FAO) for their reporting/communications.

The forest cover is defined as ‘all land, more than one hectare in area, with a tree canopy density of more than 10 percent irrespective of ownership and legal status. Such land may not necessarily be a recorded forest area. It also includes orchards, bamboo and palm’. The definition of forest cover has clearly been defined in all the India State of Forest Report (ISFR) and in all the International communications of India.

Evolution of Forest Conservation Rules

Forest Conversation Act 1980 was enacted to ensure protect Forest areas from diversion for non-forestry purposes.
- It ensured that the protection of forests comes under the purview of the centre.
- Before this,
  - the diversion of forest lands was decided by the State governments.
- Forest Advisory Committee (FAC) decided on the diversion of Forest Land.
Forest Rights Act, 2006
- It signified a shift in deciding the diversion of Forest land by considering the rights of Forest Dwelling communities.
  - Earlier the FAC decided on the cases of forest diversion, from the purview of forest health, protection of wildlife species, major harm to biodiversity, the land required for compensatory afforestation in lieu of the forest diversion etc.
- The Forest-dwelling communities were to be consulted before sanctioning of such projects.
- The approval of Gram Sabha became important.
Forest Conservation Rules 2022
- The Rights of the forest dwellers would be settled before a project receives sanction.
- The State Government will be responsible for the settlement of Forest rights.

Provisions for diversion of Forest Land for Non-forest purposes

After approval from the concerned authorities, forest lands could be diverted upon payment in form of compensatory funds to the concerned authority.
The Compensatory Afforestation Fund Management and Planning Authority (CAMPA) Act, 2016 put up an institutional mechanism to ensure diversion of forest lands results in afforestation at some other place. This was done to ensure developmental needs don’t come at the cost of the Environment.
- The Supreme Court in TN Godhavarman Case (2002) ordered for creation of such a fund.
National Compensatory Afforestation Fund (NCAF) under the Public Account of India and State Compensatory Afforestation Fund (SCAF) under the Public Account of each state was created.
- The National Fund will receive the 10% and the State Funds will receive 90% of the payments.

Special Exemptions existing under the rules

The approval of Gram Sabha for diversion of Forest Land was needed in case of the large construction project.
Exemption from this was provided to linear projects like roads, highways, railways, etc.

Concerns/ Challenges

Undermining the role of Gram Sabha (GS)
- The new rules don’t state if it is mandatory to take a NOC (no-objection Certificate from the GS before the diversion of lands in a forested area.
Dilution of Forest Rights
- All claims of Forest Rights (FRs) will be deemed to be settled once the project receives final approval for forest clearances from the centre.
- The 2015 rules had ensured protection to claims of FRs. Unless all claims of FRs are settled, no land was to be approved for diversion, hence a NOC from GS was a must.
Lack of protection against diversion of lands
- As State Governments have been granted the power to settle the FRs vs earlier when the Central government has been responsible for this.
- The state governments will be under even greater pressure from the Centre to accelerate the process of diversion of forest land.
  - The Central government has started to rank state environment impact assessment authorities (SEIAAs) based on the speed at which they cleared proposals and provided environmental clearance for projects.

Government’s rationale behind new rules

Streamlining the approval process
- As the implementation of the Forest Rights Act and settling claims of Forest Rights is an independent process from that of project approvals.
Forest Rights will be ensured by regular monitoring by Tribal Affairs Ministry.
Balanced creation of Forests across states due to new provision of Compensatory Afforestation permitted in other states.

Conclusion

A balanced approach must be taken to safeguard the Forest Rights and allow for timely approval of the projects by following due process. Only then, sustainable development can be ensured.

Source: Indian Express The Hindu

Mains Question:

Q. Explain the provisions of The Forest Conservation Rules 2022. Critically Analyse these provisions vis-a-vis environment protection.