15th July 2022 (8 Topics)
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Forest Conservation Rules
Context
The Ministry of Environment, Forest and Climate Change (MoEFCC) notified the Forest Conservation Rules, 2022, which will replace the earlier rules notified in 2003.
About
About Provisions of Forest (Conservation) Rules,2022:
- The Forest Conservation Rules deal with the implementation of the Forest Conservation Act (FCA), 1980.
- They prescribe the procedure to be followed for forest land to be diverted for non-forestry uses such as road construction, highway development, railway lines, and mining.
- For forest land beyond five hectares, approval for diverting land must be given by the Central government. This is via a specially constituted committee, called the Forest Advisory Committee (FAC).
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Forest Advisory Committee:
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What do the updated rules say?
- The new rules, “streamline” the process of approvals. The rules make a provision for private parties to cultivate plantations and sell them as land to companies who need to meet compensatory forestation targets.
- It will help India increase forest cover.
- It will also solve the problems of the States of not finding land within their jurisdiction for compensatory purposes.
- The concerned update sought to limit the necessity for consent from the gram Sabha. Accordingly, the States will ensure “settlement” of Forest Rights Acts applicable.
How will the new rules affect tribal rights?
- Missing elements of tribals and forest-dwelling communities: The updated Forest Conservation Rules don’t talk about the tribals and forest-dwelling communities whose land would be hived off for developmental work.
- The new rules allow the Union government to permit the clearing of a forest for a project before prior consent of the forest dwellers, as mandated under the 2006 Act.
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- The new rules will dilute the Forest Right Act, of 2006.
- It will disempower forest tribals and may displace them: The update will limit the necessity for consent from the gram Sabha. Many forestry experts say it may imply that the consent of the resident tribals and forest dwellers may not remain a deciding factor.
Government’s position:
- The purpose of updating the rules is to “streamline the approval process.”
- Fulfilling and complying with the FRA, 2006 was an independent process and it will not dilute or infringe on the provisions of the Forest Rights Act, 2006.
- It could be undertaken by States “at any stage” of the forest clearance process and it also talks about the compliance with provisions of the FRA before States order diversion of the land.
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