Exploring Unclassified Woods in India

Introduction

The Ministry of Environment, Forests, and Climate Change (MoEFCC) has adhered to the Supreme Court's directive by publishing the findings of various State Expert Committees (SEC) on its website. This action follows a public interest litigation questioning the validity of the Forest (Conservation) Act Amendment (FCAA) 2023, prompting an interim order. A significant concern raised in the petition revolves around the absence of information regarding the status or presence of unclassified woods, which were anticipated to be acknowledged in the reports submitted by state SECs. By making these findings publicly accessible, MoEFCC aims to enhance transparency and accountability in forest conservation efforts, addressing gaps in the recognition and protection of various forest resources. This move underscores the government's commitment to addressing environmental concerns and upholding the principles of sustainable forest management.

What are Unclassed Forest

Legal Protection:- Under the historic T.N. Godavarman Thirumulkpad v. Union of India & Ors(1996) decision, unclassified forests—also referred to as considered forests—enjoy legal protection.

Definition:-They include a wide range of land types, such as those owned by private individuals, government agencies, revenue, railroads, and community woods.

Although the region possesses vegetation similar to that of a forest, these woods are not formally designated under the Indian Forest Act due to their heterogeneous ownership.

Identification Procedure:- The national job of identifying unclassified woods fell to State Expert Committees (SECs).

Identification required both physically finding land portions with forest features and reviewing publicly available documents, such as Revenue land records and Forest Working Plans.

Implications of FCAA

The Forest (Conservation) Act, 1980 (FCA) underwent substantial modifications with the enactment of the Forest (Conservation) Amendment Act, 2023, which became effective in December 2023.

The modification limited the FCA's application to two categories of lands: areas that the Indian Forest Act, 1927, or other pertinent laws formally designated or notified as forests.

lands that have been listed in official records as woods since October 25, 1980.

Concerns of unclassified forests losing their legal protection and their diversion for non-forest uses were brought up by FCAA, in 2023.

Even if unclassified woods are not formally notified, any diversion would need to have central government authority under the FCAA.

Case No. 1996: T.N. Godavarman Thirumulkpad v. Union of India & Ors.

• T.N. Godavarman Thirumulpad petitioned the Indian Supreme Court in 1995 to stop unlawful destruction in the Nilgiris forest area.
• The Court emphasized that any land designated as a forest, regardless of ownership, would be subject to the Forest Conservation Act, of 1980, and provided specific guidelines for the sustainable use of forests.
• States were prohibited by this new understanding from de-reserving protected woods for purposes other than forestry without authorization.

One of the main directives was that no forest activity may continue nationwide without the express permission of the Central Government.

What Did the SEC Reports Reveal?

Highlights

• Verifiable information on the identity, condition, and location of unclassified woods was not given by any state.
• The SEC was not even made up of the following seven states and Union Territories: Goa, Haryana, Jammu & Kashmir, Ladakh, Lakshadweep, Tamil Nadu, and West Bengal.
• Out of 23 states, only 17 filed reports that complied with the Supreme Court's orders.
• The majority of states did not perform physical surveys or ground-truthing, and they did not demarcate the boundaries of unclassified forest holdings. Instead, they relied on data that was already available from the revenue and forest departments.
• The location and categorization of these woods are not well understood.
• There were notable disparities between the statistics from the Forest Survey of India (FSI) and the reports from many states.
• For instance, the FSI claimed 4,577 sq. km. of unclassified woods, but the Gujarat SEC report showed 192.24 sq. km.
• Similarly, in Assam, the FSI reports 8,532 sq. km. of unclassified forest land, but the SEC report claims 5,893.99 sq. km.
• While other states submitted statistics on various sorts of forest lands without clarification, only nine states disclosed the amount of unclassified wood.
• The amount of degraded, cleared, or encroached woods was described in several states' reports, although the details differ.
• The geographic location of forests and the process of extracting data from the records that are now accessible are unclear since topo sheet identification maps—a map that displays the natural and artificial elements of an area—are not readily available.

Conclusion

The Ministry of Environment, Forests, and Climate Change (MoEFCC) has taken a crucial step towards transparency and accountability in forest conservation by adhering to the Supreme Court's directive to publish the findings of State Expert Committees (SEC) on its website. This move was prompted by public interest litigation challenging the validity of the Forest (Conservation) Act Amendment (FCAA) 2023. A major concern raised in the petition was the lack of information on unclassified woods, which are legally protected under the T.N. Godavarman Thirumulkpad v. Union of India & Ors(1996) decision. Unclassed forests encompass diverse land types, including those under various ownerships, yet possess forest-like vegetation. The identification of these woods relies on the work of SECs, which physically survey land parcels and review documents like Revenue records and Forest Working Plans. By making these findings publicly accessible, MoEFCC aims to fill gaps in recognizing and protecting forest resources, demonstrating its commitment to sustainable forest management and environmental conservation.

Reference

• The Hindu:- https://www.thehindu.com/sci-tech/energy-and-environment/unclassed-forests-missing-27-year-delay-to-file-state-sec-reports-analysis/article68117352.ece
• Down to Earth:- https://www.downtoearth.org.in/forests
• Times of India:- https://timesofindia.indiatimes.com/india/sc-to-states-go-by-our-1996-definition-of-forest/articleshow/107832603.cms
• The Indian Express:- https://timesofindia.indiatimes.com/india/sc-to-states-go-by-our-1996-definition-of-forest/articleshow/107832603.cms