Forest Conservation Rules: Concerns

The Forest Conservation Rules deal with the implementation of the Forest Conservation Act (FCA), 1980. They prescribe the procedure to be followed for diversion of forest land for non-forestry uses such as road construction, highway development, railway lines, and mining.

Rules

• The rules shift the responsibility of the Union government to take the consent of Adivasis (before the approval of a project) onto the State Governments. It means that the burden to ensure the rights of Scheduled Tribes to their traditional forestlands is now with the State Governments.
• A project, once approved by the FAC, will then be passed on to the State authorities who will collect the compensatory fund and process it for final approval. The new rules allow the Union Government to permit the clearing of a forest before consulting its inhabitants.
• The handover of the forest can be approved and the Union Government can collect payment for compensatory afforestation from the private developer even before the State Government ensures consent of the forest dwellers.
• The rules make a provision for private parties to cultivate plantations and sell them as land to companies who need to meet compensatory afforestation targets.

Significance

• According to the Union Government, the new rules ‘streamline’ the process of approvals.
• The new rules expand the scope of compensatory afforestation lands by allowing private parties to cultivate plantations and sell them as land to companies who need to meet compensatory afforestation targets.

Concerns

• There is a lack of clarity regarding what happens to tribals and forest-dwelling communities whose land would be taken away for developmental work.
• The new rules allow the Union Government to permit the clearing of a forest before consulting its inhabitants.
• Rules are being criticized as a tool to promote ease of doing business for a chosen few but will end the ‘ease of living’ for the many forest dwellers.
• The new rules were promulgated without any consultation and discussion with the stakeholders.

Suggestions

• The Forest Conservation Rules 2022 are to be placed for approval before the Lok Sabha and the Rajya Sabha. This would give the Union Government a chance to explain its stance in detail as well as allow opposition leaders to put forward their grievances.
• The wildlife groups and human rights groups must ensure that the government complies with all the environment laws and regulations.
• Forward the Government should imbibe the philosophy of ‘One Health’ wherein decisions are taken by balancing the impact on humans, animals and overall environment.