— Renuka (The Indian Express has launched a new series of articles for UPSC aspirants written by seasoned writers and scholars on issues and concepts spanning History, Polity, International Relations, Art, Culture and Heritage, Environment, Geography, Science and Technology, and so on. Read and reflect with subject experts and boost your chance of cracking the much-coveted UPSC CSE. In the following article, Renuka, a Doctoral researcher working on environmental governance, analyses the legal framework for forest conservation in India amidst the alarming rate of deforestation.) The Supreme Court has said it “will go out of the way to protect the environment” as it questioned the Telangana government for justifying the large-scale felling of trees across 100 acres of land abutting the University of Hyderabad. Following protests over the felling of trees, the Supreme Court, taking suo motu cognizance, had on April 3 intervened to halt the felling of trees in the Kancha Gachibowli area of Hyderabad, and asked the Chief Secretary to explain the “compelling urgency” to remove the trees. The incident echoed past controversies such as the deforestation in Aarey forest, Mumbai, and the Niyamgiri hills conflict in Odisha. These instances highlight the recurring clash between development aspirations and forest conservation, and draw attention to the rapidly shrinking green cover in urban areas. Let’s explore the forest cover in India and the legal and policy framework to protect forests. Forest cover in India Forests in India are not just trees but have been a lifeline for millions of people. They hold socio-economic and cultural significance and are one of the primary indicators of the country’s ecological health. This is why maintaining 33% of the country’s geographical area under forest cover has long been a key policy in India. However, according to the Indian State of Forest Report (ISFR), 2023, the total forest and tree cover of the country is 8,27,356.95 km2, which is around 24% of the geographical area of the country. While there has been a slight increase in the green cover as compared to the last ISFR, the report shows a decline in the eco-sensitive zones, mangroves, and natural forests. Natural forests are increasingly being replaced by monoculture plantations, raising concerns about weakened ecological resilience and biodiversity loss. However, the ISFR report, a biennial assessment of the state of forests in the country, has been questioned for its methodology as it had included coffee, tea and coconut plantations as forests. What’s fuelling deforestation The situation appears grimmer when viewed against the backdrop of accelerated industrialisation and urbanisation, which are the primary reasons behind forest degradation. India lost around 1,73,300 hectares of forest areas due to development projects between 2014-15 to 2023-24, according to the Union Environment Ministry. In mineral-rich states like Chhattisgarh, Jharkhand and Odisha, extensive mining has been the leading cause of substantial forest loss, with over 1 lakh hectares of forestland diverted for around 500 mining projects until 2018. In hilly areas of the northeast, shifting cultivation (Jhum), agriculture expansion, and extensive logging are the primary factors behind the loss of green cover. This made Arunachal Pradesh, Manipur, Nagaland, etc., states with the largest loss of forest cover between 2021-2023. Apart from this, the increasing forest fire, often triggered by human activity and prolonged dry spells, leads to further forest degradation. Climate change intensifies this risk by creating warmer and drier conditions. Between November 2023 and June 2024, the Forest Survey of India recorded 2,03,544 forest fire incidents. Such alarming trends underscore the urgent need for a strong and responsive legal framework to protect forest ecosystems. Legal framework for forest conservation The legal framework on forest conservation in India has evolved from both pre-independence and post-independence laws. The Indian Forest Act of 1927 is the foundational legislation that classifies and regulates the use of forests without defining it. It enables/allows the government to prepare the record of forest land. It was enacted to strengthen the colonial power on the Indian forests, restricting the rights of tribal communities and ignoring the conservation aspect of forest governance. After independence, the subject of the forest was placed under the State List of the Constitution, which led to the over-exploitation of forests by the state and rapidly declining forest cover. To control the situation, the 42nd Amendment to the Constitution in 1976 transferred the forest from the State List to the Concurrent list. This move of the government was strengthened by the Forest Conservation Act (FCA) of 1980 (amended and renamed in 2023 as Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980), which made the approval of the central government mandatory for diverting forest land for non-forestry purposes. The FCA was supplemented by the Wild Life Protection Act of 1973, the Environment Protection Act of 1986, the Biological Diversity Act of 2002, The Forest Rights Act of 2006, and The Compensatory Afforestation Act of 2006. Evolution of forest policy The first forest policy initiative was the National Forest Policy of 1894. The basic objective of it was to strengthen the state’s control over forests. In post-independence, it was the National Forest Policy of 1952 that reoriented focus towards the ecological balance and the welfare of forest-dependent communities. It emphasised having at least one-third of the country’s land under forest cover. The 1952 policy was replaced by the National Forest Policy of 1988. The policy was more conservation-focused and less user-oriented and advocated for increasing forest cover to one-third of the country’s geographical area. It also emphasises community participation through the Joint Forest Management Programme. To achieve the objectives of NFP, various programmes and schemes have been launched by the government, i.e. the National Afforestation Programme, The Forest Fire Prevention and Management Scheme, National Mission for Green India, National Agroforestry Policy, 2014 etc. Role of India’s apex court The Supreme Court of India has also played a crucial role in developing the jurisprudence of forest governance in India. Its most noteworthy contribution has been the expansion of the definition of ‘Forest’. In its landmark decision in T.N. Godavarman Thirumulpad v. Union of India (1996) (Forest Conservation case), the apex court adopted a broad interpretation of the term, holding that the word ‘forest’ must be understood according to its dictionary meaning. This expansive definition includes all statutorily recognised forests - whether classified as reserved, protected or otherwise. Through its decisions in cases such as the Doon Valley case (1988), the Sariska Tiger Reserve case (1993), the Niyamgiri case (2013), etc., the top court reinforced the laws on forest conservation under Article 21 and Article 48A of the Constitution and elevated forest conservation to a fundamental right and state duty. Challenges and way forward One of the significant challenges in forest conservation in India is the absence of a clear and universally accepted definition of forests. The term ‘forest’ has not been defined under any applicable law on forests. The ambiguity has led to inconsistent interpretations by different authorities creating hurdles in conservation law and policy implementations. The Supreme Court, in the forest conservation case, redefined the term ‘forest’ under FCA 1980, but the 2023 amendment to it diluted the decision of the Supreme Court, which led to the challenge of the amendment in court. Another hurdle is the lack of reliable data, which often ‘greenwash’ the ground reality and hamper evidence-based policymaking. Also, despite being the cornerstone of forest conservation policies, community participation remains limited. Moreover, prioritising development projects over long-term environmental sustainability further compounds the problem. The forests in India are vital to its ecological balance, climate resilience and socio-economic sustenance of millions of people. It is significant to improve the quality and quantity of green cover in India. Hence, it is essential to provide a clear and inclusive definition of forest. At the same time, efforts towards enhancing community participation and promoting native species of plants for afforestation purposes might be helpful. Also, the centrality of forest conservation in India’s sustainable development could help ensure both ecological balance and human well-being. Post Read Questions How does the definitional ambiguity impact forest governance in India? Discuss the role of judiciary in forest conservation with examples. Evaluate the significant laws on forest conservation in India? What is the difference between deforestation and forest degradation? How can forest fire management be integrated into broader climate adaptation strategies in India? (Renuka is a Doctoral researcher at Himachal Pradesh National law university, Shimla.) Share your thoughts and ideas on UPSC Special articles with ashiya.parveen@indianexpress.com. Subscribe to our UPSC newsletter and stay updated with the news cues from the past week. Stay updated with the latest UPSC articles by joining our Telegram channel – IndianExpress UPSC Hub, and follow us on Instagram and X.
