Temporary Suspension of Odisha’s Deemed Forests Raises Concerns and Curiosity
Odisha Government Puts Forest Conservation Amendments on Hold
New Delhi – The Odisha government has suspended its earlier order directing district collectors to comply with the provisions outlined in the Forest Conservation Amendment Act of 2023. This decision comes after additional secretary Deben Kumar Pradhan issued a letter on August 14, stating that the implementation of the act should only proceed once detailed rules and guidelines are received from the Ministry of Environment, Forests, and Climate Change, Government of India.
The recent announcement has sparked discussion among environmental groups who have raised concerns about the potential impact on deemed forests in Odisha. Under the previous direction, ecologically important forests, including those in the Niyamgiri hills, would have been affected.
Deemed forests are regions that were not officially recorded as forests in government records but hold significant natural value. In the case of the Niyamgiri hills, home to the Dongria Kondh tribe, the Supreme Court ordered in 2013 that the forest dwellers must determine whether mining in the area would infringe upon their religious and cultural rights.
Notably, the Odisha government’s guidance on deemed forests appears to deviate from the observations made by the joint parliamentary committee that reviewed the Forest Conservation Amendment Act. Experts argue that the law, which has since been approved by Parliament and received President Droupadi Murmu’s assent, should align with the committee’s recommendations. The act will officially come into effect once it is notified in the gazette by the central government.
To address concerns about deemed forests, the Union Environment Ministry emphasized that expert committees of the states have considered and documented such forests. Therefore, the provisions of the Forest Conservation Amendment Act will extend to all lands identified as deemed forests.
Retired Lt Col Sarvadaman Oberoi, an environmental activist, calls on the ministry to clarify its recognition of deemed forests in rules and guidelines related to the implementation of the act. He highlights that the ministry assured the joint committee that deemed forests would continue to be acknowledged, and the act’s provisions would apply to them.
Environmental activist Debadityo Sinha cautions against the implications of the Odisha government’s recent decision. He argues that the letter sets a dangerous precedent that could be followed by other states. Sinha also questions the validity of the letter, considering that the amendment may not have become law yet, pending the notification of the enforcement date.
One controversial aspect of the Forest Conservation Amendment Act is its exemption of unrecorded deemed forests from the revised forest conservation regulations. This provision has raised concerns over the potential destruction of vast tracts of unclassified forests.
The current situation in Odisha reflects the ongoing struggle in India to define and protect forests. Back in 1996, the Supreme Court’s verdict in TN Godavarman vs Union of India broadened the definition of a forest, encompassing areas recorded as forests in official documents, regardless of ownership. This interpretation aimed to safeguard ecologically valuable lands that were not officially recorded as forests but still required protection. However, the central government claims that this definition has caused confusion and has sought to narrow it down through the Forest Conservation Amendment Act.
As the Odisha government temporarily suspends the implementation of the Forest Conservation Amendment Act, stakeholders eagerly await further rules and guidelines to ensure the protection of deemed forests and the natural heritage they hold.
SOURCE-https://hindustannewshub.com/india-news/temporary-suspension-of-odishas-deemed-forests-raises-concerns-and-curiosity/
