Relevance: GS-3: Conservation, environmental pollution and degradation, environmental impact assessment.

Key Phrases: Deemed Forest Classification, Godavarman Case, Forest (Conservation) Act, 1980, Unscientific Identification Of Forests, Security to Farmers, Environment and Ecological Sustainability.

Why in News ?

• Recently, Karnataka Chief Minister has announced the decision to release 6.5 lakh hectares of land from the deemed forest classification and to submit an affidavit to the Supreme Court accordingly.
• This measure will essentially declassify close to 67 per cent of the land in Karnataka that was otherwise classified as deemed forests under the Supreme Court’s orders in 1996.

Godavarman Case:

• There is no comprehensive definition for “forests” in India. Thus, the case clarified the ambiguity around the term. Major pronouncements include :
  1. Definition of Forests:
     • The Supreme Court in TN Godavarman Thirumulpad v. Union of India and Others defined “forest” to include any piece of land that resembles the dictionary meaning of forest for the purpose of the Forest (Conservation) Act, 1980.
  2. Deemed Forests:
     • Deemed forests were conceived as areas that have not been notified under the legislation, but are recorded as forests in government records.
     • These are lands that have characteristics of forests, irrespective of ownership.
     • Once forests are “deemed”, they cannot be de-reserved or utilised for non-forest purposes without prior approval of the Centre.
  3. Expert Committees:
     • The Court ordered the setting up of expert committees in each state to identify deemed forests to remove ambiguities with respect to the scope of lands that may receive protection under the Forest (Conservation) Act.
     • This decision paved the way for the preservation of forest areas in India to be continuously monitored by the Supreme Court, mandating the state governments to obtain clearances for affecting or implementing changes to lands classified as deemed forests.

Reasons Behind Declassification of Forests:

1. Unscientific identification of forests:
   • In Karnataka, the area under the deemed forests is shrinking as the subsequent governments are of the view that the initial survey and identification by the expert committees were unscientific and covered areas do not fall within the definition of forests envisaged under the Godavarman decision.
2. Property rights to farmers:
   • The current government is of the view that such declassification is necessary to give property rights to farmers who have been wronged by the alleged unscientific classification of private, non-forests lands as forests that deserve protection under the Forest Conservation Act.

What are The Implications of Declassification of Forests ?

1. Encroachment Legalisation:
   • The sweeping declassification of large swathes of possibly forest lands is likely to legalise existing encroachments for non-agricultural purposes.
   • For instance, a private resort has cut a road through a deemed forest area for commercial purposes.
2. Negation of Expert Committees Identification process:
   • The blanket declassification currently sought by the state government not only violates the object of the Forest (Conservation) Act but also vitiates the identification process undertaken by the expert committees under the Supreme Court order.
   • Permitting blanket declassification in Karnataka sets a dangerous precedent, allowing other states to reject their respective expert committee classifications.
3. Impact on local weather conditions of state:
   • The current actions of the state government are likely to have adverse consequences not only on the future forest cover of the state but also on the climate and rain patterns of Karnataka.

Way Forward:

1. Security to Farmers:
   • It is quite possible that declassification of some areas of deemed forests will provide security to farmers.
   • In such cases, the government’s declassification approach must show that it is meant to address this concern.
2. Declassification of agricultural land:
   • The identification of only agricultural land owned specifically by farmers must be undertaken prior to declassification to ensure that other illegal activities are not inadvertently legalised.

Conclusion:

• The issue of declassification of deemed forests in the state is not new, but it is a longstanding and contentious one with far-reaching implications on the state’s forest cover.
• With temperatures rising across the country, and states experiencing unprecedented heatwaves, it becomes important that the government exercises utmost precaution in doing away with any existing protections for forests in the state.

Source: Indian Express

Mains Question:

Q. The issue of declassification of deemed forests is not new, but it is a longstanding and contentious one with far-reaching implications. Critically evaluate. (250 words).