Go by dictionary definition of forest as per ’96 judgment: SC

The Supreme Court passed an interim order directing that States and Union Territories must act as per the definition of "forest" laid down in the 1996 judgment in T.N Godavarman Thirumalpad v. Union of India while the process of identifying land recorded as forests in Government records is going on as per the 2023 amendment to Forest (Conservation) Act.

• The Supreme Court Bench was hearing a batch of writ petitions challenging the 2023 amendments to the Forest Conservation Act.
• The petitioners contended that the expansive definition of 'forest' given in the Godavarman judgment has been narrowed by Section 1A inserted by the 2023 amendment, according to which a land has to be either notified as a forest or specifically recorded as a forest in a government record to qualify as a "forest".
• Whereas, as per the Godavarman judgment, 'forest' has to be understood in terms of its dictionary meaning.

Key-highlights of SC’s Judgment

• The Court was told that the narrowing of the definition would leave out nearly 1.99 lakh square kilometers of forest land from the ambit of 'forest'.

• Out of the total of 713,000 sq km of forests in the country, an area of 197,159 sq km with tree cover (not forming part of declared forests in government records) would stand excluded from the recorded forest areas (RFA), if the 2023 law’s definition is taken into account, as compared to the definition in Godavarman ruling.
• For now, states and Union territories need to go by the dictionary definition of the word forest to determine whether any work can be approved on any land.

Classification of Forest

• The Forest Survey of India (FSI) classifies forest cover into 4 classes:
• Very Dense Forest:All lands with tree cover (including mangrove cover) of canopy density of 70% and above.
• Moderately dense forest:All lands with tree cover (including mangrove cover) of canopy density between 40% and 70%.
• Open forests:All lands with tree cover (including mangrove cover) of canopy density between 10% and 40%.
• Scrubs:All forest lands with poor tree growth mainly of small or stunted trees having canopy density less than 10%.
• Indian Forest Act of 1878 classifies Forests into Reserved, Protected, and Village Forests:
• Reserved forests: They constitute more than half of the total forest area of India. It has a certain degree of protection. They are protected by the respective state governments unlike wildlife sanctuaries and national parks which are supervised by the Government of India.
• Protected forests: They are of two types- Demarcated and Undemarcated. They have a limited amount of protection. These are looked after by the government but certain activitieslike hunting, grazing, or timber collecting are allowed to people who live on the boundaries of forests and are partially or wholly dependent on the forest resources for livelihood, provided they don’t cause severe damage to the forests.
• Village forests: They are protected and managed by village communitieswhich are assigned by the state governments.

What are the Issues With current Forest cover Data?

• Inclusion of Plantations in Forest Data: Loss of natural forests remains invisible due to inclusion of plantations, orchards, urban housings as dense forests.
  • The SFR 2021, for example, reports 12.37% dense forest by including random green patches.
• Compensatory Afforestation: The applicants for diverting forest land in a hilly or mountainous state with green cover covering more than two-thirds of its geographical area, or in a state/UT with forest cover covering more than one-third of its geographical area, will be able to take up compensatory afforestation in other states/UTs where the cover is less than 20%.
• Allows Private Plantations: 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.
  • Prior to the updated rules, state bodies would forward documents to the FAC that would also include information on the status of whether the forest rights of locals in the area were settled.
• Allows building in Forests: Right to construct structures for bonafide purposes including forest protection measures and residential units (up to an area of 250 sq. meters as one-time relaxation).