The Supreme Court of India has passed an important order that reaffirms the broad and inclusive meaning of the term ‘forest’ for the purpose of conservation and regulation. The order comes in response to a challenge to the amendments made in 2023 to the Forest (Conservation) Act, 1980, which had narrowed down the definition of forest to two categories based on government records. The court has directed the government to follow the dictionary meaning of forest, as upheld by the court in a landmark judgment in 1996, until a consolidated record of all forest lands is prepared by the States and union territories. The order also imposes restrictions on the establishment of zoos or safaris without the court’s approval.
The Supreme Court has ordered the government to revert to the dictionary meaning of forest, as upheld in the 1996 judgment, until the consolidated record of forest lands is prepared by the States and union territories. This means that the expression ‘forest’ will cover but not be confined to lands recorded as forests in the government records, and will include all areas that have the characteristics of a forest, such as density, canopy, flora, fauna, etc. This will ensure that the Forest (Conservation) Act, 1980, applies to all such areas and that any diversion or degradation of such areas is regulated and restricted by the central government.
The Supreme Court has also directed the Environment Ministry to issue a circular to the States and union territories, clarifying that the principles laid down in the 1996 judgment must continue to be observed, pending the completion of the exercise under Rule 16. This will ensure that there is no ambiguity or confusion among the authorities and the public regarding the definition and status of forest lands.
The Supreme Court has further directed the Union government to require the States and union territories to forward the comprehensive records of forest lands identified by their respective expert committees, in pursuance of the court’s orders in the Godavarman Thirumulpad case, by March 31, 2024. The Environment Ministry has to publish these records on its website by April 15, 2024. This will ensure that there is transparency and accountability in the identification and demarcation of forest lands, and that any discrepancies or disputes are resolved in a timely manner.
The Supreme Court has also imposed restrictions on the establishment of zoos or safaris by any government or authority, without the final approval of the court. This will ensure that the ecological and wildlife values of forest lands are not compromised or disturbed by such activities, and that the court has the opportunity to examine the environmental impact and feasibility of such projects.
Complex legal terms
Forest (Conservation) Act, 1980:
An Act of the Parliament of India to provide for the conservation of forests and for matters connected therewith or ancillary or incidental thereto. The Act empowers the central government to restrict or regulate the use of forest land for non-forest purposes and to impose conditions for the diversion of such land.
Section 1A:
A section introduced by the amendment of 2023 to the Forest (Conservation) Act, 1980, which defines forest as “any area recorded as forest in the government records after the commencement of this Act or any area recognised as forest by any State or union territory authority, local body, council or recognised communities”.
T.N. Godavarman Thirumulpad case:
A writ petition filed by T.N. Godavarman Thirumulpad, a former member of the royal family of Nilambur in Kerala, in 1995, seeking protection of the Nilgiri forests from illegal felling and encroachment. The case led to a series of landmark judgments by the Supreme Court on various aspects of forest conservation, wildlife protection, tribal rights, and environmental governance. One of the most significant judgments was delivered in 1996, in which the court gave a broad and comprehensive meaning to the term ‘forest’, irrespective of the ownership, classification, or nature of the land. The court held that the Forest (Conservation) Act, 1980, applies to all forests in the country, whether notified or not, and that any non-forest activity on such land requires prior approval of the central government.
Rule 16:
A rule notified by the Ministry of Environment, Forest and Climate Change on November 29, 2023, under the Forest (Conservation) Act, 1980, which requires the States and union territories to prepare a consolidated record of all the lands recorded as forest in the government records, including forest-like areas, unclassed and community forest lands, within one year from the date of notification. The rule also provides for the verification and validation of such records by the central government.
FAQs
Q: Why did the Supreme Court pass this order?
A: The Supreme Court passed this order in response to a challenge to the amendments made in 2023 to the Forest (Conservation) Act, 1980, which had narrowed down the definition of forest to two categories based on government records. The court found that this definition was inconsistent with the dictionary meaning of forest, as upheld by the court in a landmark judgment in 1996, and that it could lead to the loss of forest cover and ecological damage.
Q: What is the dictionary meaning of forest?
A: The dictionary meaning of forest, as adopted by the Supreme Court in 1996, is “a large tract of land covered with trees and undergrowth”. This meaning is broad and inclusive, and does not depend on the ownership, classification, or nature of the land. It covers all areas that have the characteristics of a forest, such as density, canopy, flora, fauna, etc.
Q: What is the consolidated record of forest lands?
A: The consolidated record of forest lands is a record of all the lands recorded as forest in the government records, including forest-like areas, unclassed and community forest lands, prepared by the States and union territories under Rule 16 of the Forest (Conservation) Act, 1980. The record has to be verified and validated by the central government, and published on the Environment Ministry’s website.
Q: What are the benefits of this order for forest conservation and ecology?
A: The benefits of this order for forest conservation and ecology are:
It will ensure that the Forest (Conservation) Act, 1980, applies to all forests in the country, whether notified or not, and that any non-forest activity on such land requires prior approval of the central government.
It will prevent the loss of forest cover and biodiversity due to the exclusion or dilution of forest lands based on narrow or arbitrary criteria.
It will promote the protection and restoration of forest ecosystems and their services, such as carbon sequestration, water recharge, soil conservation, wildlife habitat, etc.
It will uphold the rights and interests of the forest-dependent communities, who depend on the forest resources for their livelihood, culture, and identity.
Keywords: Supreme Court, forest, conservation, definition, amendment, ecology