DEFINITION OF FOREST

Posted 15 Mar 2024

4 min read

Why in the news?

The Supreme Court (SC) recently directed the Government to follow the definition of "forest" as laid down in the 1996 judgment in T.N Godavarman Thirumalpad v. Union of India.

Background: History regarding the definition of forest lands

Act/Judgement	Description
Indian Forest Act, 1865	Defined forest as land covered with trees, brushwood, and jungle.
The Forest Act, 1878	Redefined forests, expanding the definition to include any land that could be designated as such. Forests were categorized into three classes: state or reserved forests, protected forests, and village forests.
The Indian Forest Act, 1927	Contained all the major provisions of the previous act; the amendment included duty on timber.
Forest Conservation Act, 1980	Made central government approval mandatory before diverting forestland for non-forest use. The provisions predominantly apply to tracts of forest land recognized by States.
T N Godavarman case (1996)	Definition of “forest” expanded to include: All areas recorded as “forest” in any government (Union and State) record, irrespective of ownership, recognition, and classification. All areas that conformed to the “dictionary” meaning of forest. Areas that are identified as “forest” by expert committees set up by the State governments following the 1996 order.
Forest Conservation (Amendment) (FCA) Act, 2023	Specified forest land as- Land declared/notified as a forest under the Indian Forest Act, 1927 or other laws. Land recorded in Government as forest, as on or after 1980. This does not include land which has been officially changed from forest use to use for non-forest purposes on or before 1996.
Van (Sanrakshan Evam Samvardhan) Rules, 2023	As per rule 16, State Governments/UT Administrations, within a period of one year, have to prepare a consolidated record of such lands on which the provisions of the Forest Conservation (Amendment) (FCA) Act, 2023, apply. This includes forest like areas identified by the Expert Committee constituted for this purpose, unclassed forest lands or community forest lands.

Directions of the Supreme Court

Continuation of principles of TN Godavarman judgment: They must continue to be observed until the exercise by State Governments and Union Territories administrations has been completed under rule 16 of Van (Sanrakshan Evam Samvardhan) Rules, 2023.
Broader meaning of forest: State Governments and UT administrations have to ensure compliance with the ambit of expression "forest" as explained in the decision in TN Godavarman but can include lands which are worthy of protection.
Other Key directions
- Database creation: State/UTs should submit a “consolidated record” of all the lands recorded as ‘forest’ by the expert committees (constituted as per the TN Godavarman judgment) to the Central Government.
  - These records are to be maintained and digitised by the Ministry of Environment, Forest and Climate Change (MoEFCC), and made available on the official website by April 2024.
- Safeguard in zoo creation: Prior approval of the court is needed before giving final approval for the establishment of zoos or safari by any government or authority.
  - FCA Act 2023 excluded the establishment of zoos or safaris in forest areas other than protected areas from the definition of non-forest purposes.

Implications of SC judgment

Protection of forest land: Narrowing the definition could have left nearly 1.99 lakh square kilometres of forest land from the ambit of 'forest'.
Consistent with the spirit of FCA, 1980: Excluding more activities for non-forest purposes, like Zoos, may promote more deforestation.
Consensus about the definition of a forest: States continue to interpret the term "forests" differently, despite the Godavarman ruling being in effect for twenty-eight years.
Encourage Sustainable Development: Judgment places equal emphasis on striking a balance between environmental preservation and economic development.=

Other Key provision of the Forest Conservation Amendment Act (2023)

New name: ‘Van (Sanrakshan Evam Samvardhan) Adhiniyam’ (Forest (Conservation and Augmentation) Act), 1980.
Addition of Preamble: It encompasses India’s Nationality Determined Contribution and other National targets.
Activities excluded from the definition of non-forest purposes:
- Establishment of zoos and safaris under the Wild Life (Protection) Act, 1972, in forest areas other than protected areas;
- Eco-tourism facilities included in plans of the area;
- Silvicultural operations, including regeneration operations; and
- Any other purposes specified by the Central Government.
Specifies exempted Categories of Land such as connectivity to a habitation, or to a rail, Projects of national importance and concerning national security.
State governments require prior approval of the central government before assigning of forest land by way of lease or otherwise to government entities (earlier needed for only private entities).