Supreme Court Issues Notices in Forest Conservation Act Amendment Challenge
- ByAdmin --
- 14 May 2025 --
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The Supreme Court of India has issued notices to the Central Government regarding a batch of petitions challenging the recent amendments made to the Forest (Conservation) Act, 1980. The petitioners, comprising environmental organizations and activists, argue that the Forest (Conservation) Amendment Act, 2023 dilutes critical environmental protections, undermines constitutional guarantees, and threatens India's ecological balance.
The Court’s intervention signals heightened judicial scrutiny over environmental governance, especially at a time when climate concerns and biodiversity preservation are increasingly vital.
Background: The Forest (Conservation) Amendment Act, 2023
- Forest (Conservation) Act, 1980:
Originally enacted to regulate the diversion of forest land for non-forest purposes and to ensure the conservation of forests across India.
- Forest (Conservation) Amendment Act, 2023:
Introduced significant changes, including:- Exemptions for certain categories of land near border areas from conservation requirements.
- Re-defining what constitutes "forest" for legal purposes, limiting the scope to land notified as forest.
- Easing restrictions on the use of forest land for strategic, security, and infrastructure projects.
- Exemptions for certain categories of land near border areas from conservation requirements.
Key Constitutional and Legal Issues Raised
- Violation of Article 21 (Right to Life):
Petitioners argue that forests form an integral part of the environment, and any degradation of forests directly affects the right to life, which includes the right to a healthy environment.
- Conflict with Article 48A and 51A(g):
- Article 48A (Directive Principles of State Policy) mandates the State to protect and improve the environment and safeguard forests and wildlife.
- Article 51A(g) imposes a fundamental duty on citizens to protect and improve the natural environment, including forests
- Supreme Court's Prior Rulings:
In T.N. Godavarman Thirumulpad v. Union of India (1997), the Court had interpreted the term “forest” broadly, independent of government notifications, to maximize protection. Petitioners argue that the amendments overturn this progressive judicial interpretation.
Supreme Court's Observations and Actions
- Issuance of Notices:
The Court has issued notices to the Union Government, Ministry of Environment, Forest and Climate Change (MoEFCC), and other stakeholders, seeking their responses on the constitutional validity of the amendments.
- Interim Reliefs Not Granted Yet:
While notices have been issued, the Court has not granted interim relief, such as staying the operation of the Amendment Act, but has indicated that it will examine the matter thoroughly.
- Setting the Stage for a Detailed Hearing:
The Court emphasized the importance of balancing developmental needs with environmental sustainability and will examine whether the amendments are constitutionally compliant.
Points of Contention Highlighted in Petitions
- Narrowing of Forest Definition:
Critics argue that restricting the definition only to "notified forests" leaves large tracts of ecologically important areas vulnerable.
- Exemptions Near Border Areas:
Concerns have been raised about exemptions granted for strategic projects in border regions without adequate environmental safeguards.
- Dilution of Prior Approvals:
Earlier, any diversion of forest land needed central government approval; the amendments allegedly ease this process for certain categories, raising fears of unchecked deforestation.
- Threat to Tribal Rights:
Many forest-dwelling communities depend on forests for their livelihood and cultural identity, protected under laws like the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. Petitioners fear the amendments might undermine these rights.
Legal and Environmental Implications
- Erosion of Environmental Jurisprudence:
Environmentalists worry that the move could reverse decades of judicial activism and policy emphasis on forest conservation.
- Potential Constitutional Violation:
If found unconstitutional, the amendments could be struck down under Article 13, which invalidates laws inconsistent with fundamental rights.
- Impact on India’s Climate Commitments:
As a signatory to international agreements like the Paris Agreement, India has pledged to increase its forest cover. Weakening conservation laws could jeopardize these commitments.
Conclusion
The Supreme Court's decision to examine the Forest (Conservation) Amendment Act, 2023 marks a critical juncture in India’s environmental legal landscape. While development and security are important, the constitutional duty to preserve forests and biodiversity cannot be overlooked. As the legal battle unfolds, it will test the balance between India's growth aspirations and its commitment to sustainable development under constitutional and international obligations.
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