The Odisha Government's Deemed Forests Order: A Controversial Move

Controversial Order by the Odisha Government

On August 11, the Odisha government issued a significant order stating that the category of deemed forests would no longer exist under the amended Forest Act. This decision stirred considerable debate and controversy, raising questions about forest conservation and land management.

Defining 'Deemed Forests'

'Deemed forests' refer to areas that, while not officially classified as forests in government records, possess qualities that align with the dictionary definition of forests. These areas are recognized based on their ecological characteristics, regardless of ownership status.

The 1996 Supreme Court Judgment

The landmark Supreme Court judgment in the year 1996, known as the Godavarman case, required states to identify lands that fit the definition of forests. The court mandated that protections should be extended to these areas, irrespective of who owns them, emphasizing the importance of forest conservation.

Key Changes in the Updated Forest Act

The recently passed Forest Act contains crucial stipulations: it specifies that only forests that have been classified and recorded as such after 1980 would receive legal protection. This means that forest lands diverted for non-forestry purposes from 1980 to 1996 would not be protected under the new regulations.

Response from the Environment Ministry

In response to the amendments, the Environment Ministry clarified to a Joint Parliamentary Committee that the changes align with the directives of the 1996 Supreme Court judgment. The provisions of the Act are intended to apply to both officially recognized forest lands and deemed forest lands identified by State Expert Committees.

Withdrawal of the Order

Amid rising controversy and discussions surrounding the implications of the order, the Odisha government decided to withdraw the controversial decree. However, the specific reasons behind this withdrawal have not been disclosed, leaving many questions unanswered.

Impact on Odisha's Land Classification

Since 1996, the Odisha government had classified approximately 66 lakh acres as deemed forests at the district level. Yet, due to the lack of official notification in government records, there has been an ongoing debate regarding the protection of these areas and the broader issues of land classification.

The situation highlights the complexities involved in forest management and conservation efforts, particularly in light of legal definitions and government classifications.