The Supreme Court has recently issued an interim order concerning the Forest (Conservation) Amendment Act, 2023. This order mandates that all states and Union Territories adhere to the "dictionary definition" of forests when identifying forest land. Such a comprehensive definition intends to provide greater protection for forest lands by reversing the narrowed definitions introduced by the 2023 Amendment. Moreover, any plans to develop zoos or wildlife safaris within forest areas now require the Supreme Court's prior approval.
For environmentalists, this order acts as a temporary respite. It halts the implementation of certain provisions within the Forest (Conservation) Amendment Act, 2023, which they argue diminish the protection of forest lands by narrowing their definition. By reinstating a broader definition, the court ensures that more land is protected under forest conservation laws.
The Amendment sought to redefine forest land, specifying that only lands documented as forests in the Indian Forest Act or other governmental records post-1980 would receive protection. Critics of this Amendment expressed concerns that it would leave a significant portion of India's forest lands vulnerable to non-forest uses and commercial exploitation.
The interim order reverts to the original broad definition of forests, as outlined in the TN Godavarman ruling of 1996. This ensures that more land can be identified and protected as forest land, a critical step for conserving India's diverse ecosystems and preventing the unchecked diversion of forest lands for commercial purposes.
The Supreme Court's order requires prior approval from the court for constructing zoos and wildlife safaris in forest areas. This measure adds a layer of scrutiny, safeguarding forest lands from diversion for such projects without thoroughly examining their environmental impacts, ensuring that conservation remains a priority.
The TN Godavarman ruling of 1996 is a landmark judgment that broadened the definition of forests and forest lands under the Forest Conservation Act, 1980. It asserted that the Act applies to all forests, irrespective of ownership or classification, thus broadening the scope of forest conservation in India. The Supreme Court's interim order reaffirms this definition, emphasizing the need for a comprehensive approach to identifying and protecting forest lands.
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