Odisha removes ‘deemed forests’ as per new law
The government has directed all collectors to ensure that diversion of forest land should follow provisions of the new forest act.
The Odisha government has directed all district collectors to ensure that diversion of forest land for infrastructure projects, particularly state development projects, should follow provisions of the new law, days after Parliament passed the Forest Conservation Amendment Act, 2023, in the monsoon session.
“The concept of deemed forest is now removed,” stated the letter sent to district collectors on August 11. HT has seen a copy.
All forest land diverted for non-forest purposes by any authority before December 12, 1996, will not attract the provisions of the new law, it added. Any survey or exploration will also not be treated as a non- forestry activity.
“You are, therefore, requested to see that forest diversion proposals pertaining to your districts, especially for the government developmental projects, are formulated and submitted as per provisions of the amended act immediately,” the letter sent by additional chief secretary Satyabrata Sahu said.
Also Read: Why Naga People’s Front has opposed the Forest Conservation (Amendment) Act 2023
The draft legislation received the assent of President Droupadi Murmu on August 4, the law ministry said on Saturday. The law will come into effect once the central government notifies it in the gazette. The Rajya Sabha passed it on August 2 after it was cleared by the Lok Sabha on July 26.
One of the contentious provisions of the new law is that it exempts unrecorded “deemed forests” from the Act.
Forest governance in India was majorly influenced by a Supreme Court judgement in 1996 in TN Godavarman vs Union of India, in which the court interpreted the meaning of forest as its dictionary definition, expanding the purview of the forest conservation law. The December 1996 judgement said “forests” will not only include forest as understood in the dictionary sense, but also any area recorded as forest in official records, irrespective of ownership. This brought hope to recognize ecologically rich land that were not recorded as forests in government records but still needed to be protected because they were significant natural features.
Also Read: 90,001.5 ha of forest land approved for diversion in five years: Govt tells RS
The Centre, however, said this created confusion on what would encompass forests and the amendment narrows down the definition, leaving vast tracts of unclassified forests vulnerable to destruction.
Some experts said Odisha government’s directions on deemed forests deviate from the observations in the report of the Joint Committee of the Parliament that reviewed the bill. Deemed forests identified by the expert committees of the state have been taken on record and hence provisions of the act will apply to all such lands, the MoEFCC had said responding to concerns about exempting deemed forests in the report of the Joint Committee of the Parliament.
“Deemed forests constitute a large part of forests in Odisha on which adivasi communities depend critically for livelihood. The community protected forests in tribal districts of the state and bio-cultural habitats of vulnerable tribal groups such as the Dongria Kondhs in Niyamgiri also have deemed forest areas. These communities have claimed community forest rights and habitat rights on such forests,” said Tushar Dash, an independent researcher.
“Therefore, removal of the deemed forest areas from the Act could adversely affect the statutory rights of the communities and can open up rich forest and bio-cultural habitats for extraction,” Dash said. “Importantly, Odisha also has 46% of its geographical area notified as fifth schedule area under the Constitution, where Panchayat Extension to Scheduled Areas (PESA) Act applies.”
In Nagaland, village councils have opposed provisions of the new law. Four village councils of Sendenyu Rengma Naga tribe unanimously condemned the Act, stating that it challenges the essence of traditional customary and indigenous ownership rights of the people over their land and forest as per Article 371(a) of the Constitution.
“In 2001, as a response to a rapid decline of fauna and flora species in the region, the indigenous leaders and members of Sendenyu village(s) resolved to start community biodiversity conservation by unanimously passing The Sendenyu Village Wildlife Conservation Act 2001,” their statement said.
“As per the current amendment and provision of the Act, the whole of Nagaland and its forest falls under the 100- km of the international boundary giving the Central government arbitrary power for diversion. Hence, it makes an appeal to all the fellow Naga tribes’ village councils across the State to take this issue as a matter of great urgency and imminent crisis such that the Act could be rejected by the Nagaland Legislative Assembly, and the rights bestowed by our ancestors do not go in vain in the name of so-called national importance and security,” the statement added.
“The forest bill is now a law. It has been passed by both houses of Parliament. At one glance, people will appreciate the bill because it is for sustainable development. But there are many hidden agendas in that bill. It completely undermines the powers of the state government. Earlier, they would need state’s permission for forest related matters. Now they don’t,” Nagaland lawmaker Küzholüzo Nienü, also known as Azo Nienu, leader of the Nagaland People’s Front had said last week.
“This is in direct conflict with Article 371 A, a special provision that grants a degree of autonomy to Nagaland,” he said. “We have demanded that a suitable law be passed to counter the Forest Amendment Act and its impact be discussed during the next assembly session on September 11.”