A 1980 forest law just got a new name, and a narrower legal reach. This article covers the Forest (Conservation) Amendment Act, 2023, and the Supreme Court challenge that followed.
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Forest (Conservation) Amendment Act, 2023
A new name, a narrower reach, and a Supreme Court challenge
26 Jul 2023
Lok Sabha passes the bill
The Forest (Conservation) Amendment Bill clears the lower house.
4 Aug 2023
Presidential assent, new name
Renamed the Van (Sanrakshan Evam Samvardhan) Adhiniyam, after Rajya Sabha passage on 2 Aug.
1 Dec 2023
Amended Act comes into force
New exemptions and a narrower land definition take effect.
19 Feb 2024
Supreme Court interim order
States must keep following the 1996 Godavarman definition of “forest,” pending a full hearing.
Old Definition Holds, For Now
Retired forest officials challenged the Act’s exemptions in court, arguing they cut against the 1996 Godavarman judgment’s protective intent.
Timeline
- 26 July 2023: The Lok Sabha passes the Forest (Conservation) Amendment Bill.
- 2 August 2023: The Rajya Sabha passes it too.
- 4 August 2023: The President gives assent. The 1980 Act is renamed the Van (Sanrakshan Evam Samvardhan) Adhiniyam.
- 1 December 2023: The amended Act comes into force.
- 19 February 2024: The Supreme Court orders states and Union Territories to keep following the 1996 Godavarman definition of “forest,” pending a full hearing.
Must Know
- The Forest (Conservation) Amendment Act, 2023 renamed the 1980 law as the Van (Sanrakshan Evam Samvardhan) Adhiniyam.
- A new preamble gives statutory recognition to India’s Net Zero target for 2070, and its 2030 climate goals.
- The Act now applies only to land notified as forest under the Indian Forest Act, 1927, or recorded as forest in government records on or after 25 October 1980.
- It excludes forest land that was converted to non-forest use before 12 December 1996.
- New exemptions cover strategic projects within 100 km of India’s international border, the LAC, or the LoC.
Good to Know
- Small-scale exemptions include roadside amenities up to 0.10 hectare, and security infrastructure up to 10 hectares.
- In areas affected by left-wing extremism, defence projects and public utilities up to 5 hectares are also exempt.
- The amendment adds zoos, safaris, eco-tourism, and silvicultural operations to the list of permitted forest activities.
Test Yourself
Great to Know
- The Supreme Court‘s February 2024 order kept the 1996 T.N. Godavarman Thirumalpad v. Union of India judgment’s broad definition of “forest” in force, until states finish compiling fresh forest records.
- Retired forest officials and former National Board for Wildlife members challenged the Act’s constitutionality. They argue the new exemptions cut against Godavarman’s protective intent.
- Critics say the amendment’s date-based and geographic limits could exclude large stretches of forest, never formally notified, from legal protection.
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