CS June 2023 | Page 6

Thirdly , increasing the Centralization of Forest Governance - A new section 3C has been added in the Bill which gives ultimate power to the Central Government to issue directions to any authority or organization under the Central Government , State Government , or UT Administration , as may be necessary for the implementation of this Act . The bill aims to ensure centralized power to determine all terms and conditions for all the exemptions , plantation of trees , compensatory afforestation , non-forest use , etc .
Forest and forest governance have evolved significantly in India since the colonial era . Under the 42 nd Constitutional Amendment , forests were included in the Concurrent List , as a subject under Schedule-VII of the Constitution . Decolonization and democratization of forest governance along with community participation are needed today to cope with the climate crisis , loss of forests , biodiversity , and livelihoods . The new Bill has aimed for exactly the opposite to establish centralized and bureaucratic forest governance . Legislative efforts must aim to ensure a robust and peoplecentric model for the protection of the environment , forests , and traditional rights . On the contrary , the neoliberal policy framework of the Government is undermining the regulations and curbing democracy in forest management practices .
Fourthly , Expanding the definition of “ Non-Forest use ” - Section 2 of the Principal Act has been amended to extend the range of ‘ non-forest use ’. The list of works that are not anymore considered as ‘ non-forest ’ purposes now includes silvicultural operations ; establishment of zoos and safaris ( owned by the Government or any authority , in forest areas other than protected areas ); eco-tourism facilities included in the Forest Working Plan or Wildlife Management Plan or Tiger Conservation Plan or Working Scheme of that area ; and any other like purposes , which the Central Government may specify . It 6 also empowers the Central Government to specify the terms and conditions subject to which any survey , such as reconnaissance , prospecting , investigation , or exploration including seismic survey , shall not be treated as non-forest purpose any longer . Silviculture mentioned in this list , in the long run , can affect natural ecosystems , threaten native species , and degrade soil quality . This amendment also gives full relaxation to the private parties to undertake profitable activities like safaris , zoos , and linear projects that are damaging to forests , wildlife as well as local livelihoods . The model of business-oriented ecotourism through exclusionary protected areas has been frequently objected to by environmentalists . Several pertinent questions have been raised regarding the ecological ground of activities like importing wildlife to Madhya Pradesh from Africa or setting up a ‘ safari park ’ in Haryana as a part of ‘ compensatory afforestation ’ for a lost Nicobar forest ! Also , this amendment in the ‘ nonforest use ’ list would further intensify the diversion of forest lands rich in mineral resources and mostly habited by the indigenous communities . There is also ambiguity if a change of land use from forest to non-forest can be done without any forest clearance , is the concerned party still accountable to pay the revised Net Present Value or pay for Compensatory Afforestation for the land diverted ?
Finally , In the name of climate justice - The preamble of the bill claims to enable actions to achieve national targets of Net Zero Emission by 2070 , to enhance the forest carbon stocks through ecologically balanced sustainable development , to create a carbon sink of an additional 2.5 to 3.0 billion tons of CO 2 equivalent by 2030 as envisaged by Nationally Determined Contribution targets and to increase forest and tree cover to one-third of its land area . It is to be noted that the carbon stock of the country as recently reported has risen from 6663 million tons in 2011 to 7204 million tons in 2021 which is much lower than this super-ambitious target . Moreover , the action plans in the Bill like granting exemptions to numerous projects , designing a model to legalize forest land diversion , and permitting more ‘ non-forest ’ activities all go exactly the opposite of what is claimed in the preamble . The intention to increase the forest cover rapidly is an attempt to make forest land available for funded plantations in the name of combating climate change and pulling funds for carbon storage . The proposed amendments bear a flawed approach of building carbon stocks focusing mostly on plantations and weaken the significance of protection and conservation of forests and forest rights . As per the Indian State of Forest Report 2021 , the total forest and tree cover of the country covers 24.62 % of the total geographic area . States where an increase in forest cover and the highest forest cover as a percentage of the total geographical area have been observed are the states inhabited by large populations of tribal communities . Snatching away their rights and allowing such exemptions in the name of climate justice shows nothing but the double standard of the Modi Government .
As mentioned above , The FCA amendment Bill 2023 needs to redefine forests in a way to take a large part of forests out of the purview of FCA and FRA . Even as the FC bill is tabled the MoEFCC has already initiated the process with state authorities to review all the ‘ deemed forest categories ’. It is seen in the light of the gradual hegemonic control over the forests and serial assaults on nature , natural resources , and livelihoods by the Central Government for MNCs and corporates . From diluting EIA Notification to multiple violations of FRA , PESA , and the authority of the gram sabhas . This Government has made all efforts to weaken and dismantle the environmental and forest regulations in the name of ‘ ease of doing business ’. So , We Oppose the FCA Bill which deprives the Adivasis

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