Mainstreaming Biodiversity, Challenges Forest Conservation Amendment Act 2023

Explore how mainstreaming biodiversity in forests, including key strategies and the impact of the Forest Conservation Amendment Act 2023, fosters sustainable forest management.

Mainstreaming biodiversity in forests involves integrating biodiversity conservation objectives and practices into forest management and decision-making processes. This recognizes the value of biodiversity in maintaining healthy ecosystems within forest landscapes.

 

Mainstreaming biodiversity: Establishing Protected Areas and Wildlife Corridors.

  • Reforestation, and Habitat Restoration activities to restore degraded habitats.
  • Community-based Forest Management: For Example, traditional knowledge and sustainable practices of Khasi tribes, Gond tribes, etc. help conserve biodiversity and support their communities.
  • Payment for Ecosystem Services: Providing financial incentives for conserving biodiversity and delivering ecosystem services.
  • Sustainable Logging Practices: Adopting sustainable logging techniques to minimize habitat disturbance and promote forest regeneration.

 

Mainstreaming biodiversity

Challenges in Mainstreaming Biodiversity in Forests: Deforestation, Invasive Species

  • Deforestation and habitat loss: 33% forests under threat due to expanding agriculture.
  • Invasive species: Disrupt native species and alter ecological processes. Ex. Lantana camara in Nilgiri forest.
  • Climate change: Rising temperatures, changing rainfall patterns, and increased frequency of extreme weather events pose challenges to forest ecosystems and their biodiversity. Ex. Recent Forest fires in Western ghat.
  • Unsustainable resource extraction: Overexploitation of forest resources, such as timber, wildlife, and non-timber forest products, can lead to biodiversity loss.

 

Joint Forest Management (JFM) in Odisha, India: A successful case study of mainstreaming biodiversity into forests. 

 

Conclusion: The slogan of the Hyderabad CBD CoP-11, inscribed on the logo, in Sanskrit, “Prakruthi: Rakshathi 

Rakshitha,” and the same in English, “Nature Protects if She is Protected,” truly underscores that humans should 

realise the symbiotic relation between themselves and nature, so imperative for their mutual survival on planet Earth.

 

Forest (Conservation) Amendment Act, 2023: Key Provisions, Aim, and Exemptions

Context: The Forest (Conservation) Amendment Act 2023 was recently passed by the President of India that amends the Forest Conservation Act, 1980.

 

FOREST (CONSERVATION) AMENDMENT ACT, 2023: AIM & KEY PROVISIONS

  • Aim: To tackle the issues of climate change and deforestation’s adverse effects, focusing on effective management and afforestation. 
  • To determine how forests can be utilised for economic gain, and the manner in which it seeks to achieve this goal.
  • Land under the purview of the Act: Land declared as a forest under the Indian Forest Act, 1927 + land notified as a forest on or after October 25, 1980 in a government record.
  • The Act will not apply to land changed from forest use to non-forest use on or before December 12, 1996 by any authority authorised by a state/UT.
  • Forest land that are exempted includes:
  • Land situated within 100 km: Along the international borders, Line of Control, or Line of Actual Control. 
    • Land up to 10 hectares: To be used for constructing security related infrastructure.
  • Public utility projects: Like constructing defence related projects, camp for paramilitary or, specified by central government (not exceeding 5ha in a left-wing extremism affected area).  
  • Forest land along a rail line or a public road: Maintained by the government providing access to a habitation, or to a rail, and roadside (maximum size of 0.10 ha).
  • More power to the central government: To declare any activity that shall not be treated as non-forest purpose + issue such directions that may be necessary for the implementation of this Act + exemption and conditions to compensate felling of trees undertaken on the lands. 
  • The Act does not apply to: Any work relating to or ancillary to conservation, development and management of forests and wildlife, such as:
  • Silvicultural operations; Establishment of check-posts and infrastructure for the front-line forest staff; Establishment and maintenance of fire/communication lines; Construction of fencing, bridges, check dams, etc.; Establishment of zoo and safaris, Eco-tourism facilities, Any other like purposes, which the Central Government may, by order, specify.

Potential Positive Impact of Forest (Conservation) Amendment Act, 2023: Economic Growth, Resource Development

  • Increased availability of land for development: Easier to convert forest land for commercial use by exempting certain types of forest land from the protection of the FC Act🡺boosting economic growth. 
  • Increased access to resources: It could open up forest land for resource development, providing people with access to essential resources with development of mines, quarries.
  • Improved livelihoods: Development of tourism, agriculture, and other businesses on forest land could provide people with better opportunities to earn a living. 

Mainstreaming biodiversity

  • Sustainable forest management: By incentivizing businesses to adopt sustainable forest management practices. Ex – Allowing limited eco-tourism🡺sustainable use of forest resources + economic benefits for local communities.
  • Increased security related projects: Along the borders, which is necessary for national security in India’s case of two-front war/insecurity.
  • Other benefits: Provide connectivity to roadside amenities, habitation, railway line etc.

 

Key Concerns and Challenges of Forest (Conservation) Amendment Act, 2023: Biodiversity Loss, Forest Degradation

  • Degradation of Forest lands:  A blanket exemption for projects like zoos, eco-tourism facilities, and reconnaissance surveys 🡺 Easier dereservation of forests 🡺 negative impact on livelihood & ecology
  • Such exemptions also circumvent the need for clearance like Environmental Impact Assessment (EIA).
  • Impact on Biodiversity: It exempts forestland near a railway line or a public road 🡺 increased fragmentation of forests, restricted movement of wildlife, and impact on the overall biodiversity.
  • For eg. Coimbatore-Palakkad rail line area witnessed a large number of elephant deaths.

Mainstreaming biodiversity

  • Against Supreme Court’s 1996 verdict (Godavarman Judgement): Lands recorded as forests before 1980 but not notified as forests will no longer be protected by the FC Act
  • SC Verdict: Every forest mentioned in government records must get legal protection against deforestation.
    • Impact north-eastern states – Exempting land near border areas for national security projects may adversely impact the forest cover and wildlife in north-eastern states.
    • Dilution of Tribal rights under FRA: If the land falls outside the scope of the FCA, it effectively eliminates the requirement of obtaining consent from the gram sabha for diversion of that land.
  • Increased power/discretion of the central government: For exemptions, any notifications and conditionalities goes against the principle of grass-root/participatory democracy.
  • Impact on India’s Twin commitments: due to increased tendency towards diversion of forest land 
  • INDC Target: Create Additional carbon sink of 2.5 to 3.0 billion tonnes by 2030 + Net Zero emission by 2070
  • National forest Policy: To bring minimum 1/3rd of India’s total geographical area under forest & tree cover.

 

WAY FORWARD:

  • Complete ground surveys: The government should prioritize the delineation of unrecorded forests to ensure their protection, rather than restricting the applicability of the FC Act.
    • Integration with the Forest Rights Act, 2006: FRA had introduced a paradigm of forest governance, by giving the gram sabhas rights to govern, manage and use community forest resources. The Act should recognize that tribals are integral to the survival of forest ecosystems and conservation of the forests.
    • Recognising ‘Right of Nature’: The Act needs to acknowledge the intrinsic worth and value of forest, independent of its benefit to humans.
  • Provide right to public participation and access to information: Manifestly arbitrary and limits the scope of FCA
  • As the public won’t be able to get information nor be able to participate in the decision-making process, once the exemption is provided under the FCA.
  • Moving forward for just transitions: Which requires a balanced ecological conservation with economic imperatives🡺balanced approach (technological and economic dimensions + socio-economic implications and distributional effects).

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Right of Nature: It acknowledges that nature, including ecosystems and species, possesses inherent rights and should have the same protection as individuals and corporations, asserting that ecosystems and species have the legal right to exist, thrive and regenerate

  • Ecuador became the first country in the world to formally recognise and implement the Rights of Nature.

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