Understanding the Rationalisation of Penalties under Van Adhiniyam

Introduction

The Union Environment Ministry’s Forest Advisory Committee (FAC) has recently put forth significant recommendations aimed at rationalising the penalties associated with violations of the Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980. This is particularly relevant in cases where forest land is illegally diverted.

Background

The initiative for reform began in 2018 when the FAC identified discrepancies in penalty enforcement under the Forest Conservation Act, 1980, now referred to as the Van Adhiniyam. A dedicated committee was later formed to scrutinise these violations and suggest uniform standards, leading to the current recommendations that seek to enhance clarity and consistency in penal actions across various states.

Understanding the Van Adhiniyam and Penal Provisions

The Van Adhiniyam is deemed violated when forest land is diverted for several activities, including:

• De-reservation
• Non-forest use
• Leasing of forest land
• Clear felling without prior approval from the Central Government

The FAC has proposed that in addition to existing penalties, compensatory afforestation (CA) should be mandated under the newly established Van Adhiniyam Rules, 2023.

Key Provisions under the 2023 Rules

• A penal Net Present Value (NPV) can be levied, amounting to up to five times the regular NPV for any forest land used unlawfully.
• Penal CA acts as an additional restoration requirement, supplementary to the usual CA mandated for development projects that involve forest land.

Important Concepts

• Penal Compensatory Afforestation: This refers to additional afforestation mandated as a penalty, separate from the obligatory CA required for infrastructure or developmental projects that utilise forest land.
• Net Present Value (NPV): This represents the monetary valuation of ecosystem services provided by the forest area diverted for non-forestry purposes. The penal NPV concept is based on Supreme Court directives issued in August 2017.

Observations and Recommendations of the Forest Advisory Committee

The FAC has made several observations regarding the current state of penalties:

• Inconsistent penalties have been imposed by states for similar violations.
• The lack of uniform guidelines has led to disproportionate enforcement of penalties.
• Previously, a penal CA equivalent to twice the violated forest area was deemed reasonable in the absence of additional penalties.
• The introduction of penal NPV necessitates a streamlining of penal CA for fairness and uniformity.

To address these issues, the FAC has recommended:

• That penal compensatory afforestation be levied on a forest land area equal to that involved in the violation.
• State governments must submit a detailed report to the regional office or ministry headquarters, including the following:
  • Names of officials responsible for permitting the violation
  • Actions initiated against those involved
  • A comprehensive description of the offence and the affected forest area

These measures aim to ensure uniform enforcement, enhance accountability, and promote better forest conservation practices across all states.

Frequently Asked Questions (FAQs)

Q1. What is the Van Adhiniyam?
Answer: The Van Adhiniyam, or Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980, is an Indian law aimed at regulating the diversion of forest land for non-forest activities to preserve forest cover and biodiversity.

Q2. What are the penalties under the Van Adhiniyam?
Answer: Penalties for violations of the Van Adhiniyam can include compensatory afforestation, monetary fines, and other remedial actions depending on the severity of the infraction.

Q3. How does the FAC contribute to forest conservation?
Answer: The FAC advises the Environment Ministry on forest conservation and has recently recommended measures to standardise penalties for violations, enhancing accountability and compliance.

Q4. What is compensatory afforestation?
Answer: Compensatory afforestation refers to the requirement for additional tree planting to compensate for the loss of forest cover due to illegal land diversion, ensuring ecological balance.

Q5. Why is uniformity in penalties important?
Answer: Uniformity in penalties ensures fairness and consistency in enforcement, preventing disproportionate punishments and promoting effective forest conservation across states.

UPSC Practice MCQs

Question 1: What is the primary aim of the Van Adhiniyam?
A) To promote industrial development
B) To regulate forest land diversion
C) To increase agricultural output
D) To enhance urban infrastructure
Correct Answer: B

Question 2: What does penal NPV refer to in the context of the Van Adhiniyam?
A) A tax on forest products
B) Monetary valuation of ecosystem services
C) A fine for illegal logging
D) Compensation for affected communities
Correct Answer: B

Question 3: Which committee identified inconsistencies in the penalties under the Van Adhiniyam?
A) Environmental Protection Committee
B) Forest Advisory Committee
C) Wildlife Conservation Committee
D) Land Use Policy Committee
Correct Answer: B