Forests, people and projects: movements, clearances and legal principles

Detail

1. People vs projects: the core conflict

• The basic question: a forest gives timber to industry. It also gives daily needs to local people: fuelwood, fodder, water, soil and food.
• When industry takes the forest, local people lose these free services.

• Movements like Chipko and Appiko arose from this clash.

• What is development for one person may be destructive for another (Class 10, Development).

• Example: industrialists want big dams for electricity.
• Tribals who would be displaced by the dam may prefer small check dams or tanks. These give water without drowning their land.

2. Chipko movement (Garhwal Himalaya)

• Chipko means "to hug" or "to cling" (Hindi). People hugged trees to stop commercial felling (cutting trees for sale to industry).
• Timeline:
• Mandal, 1973: first protest.

• Reni, 1974: village women led by Gaura Devi hugged trees and sent the contractors' men away.

• Leaders: Chandi Prasad Bhatt and Sunderlal Bahuguna.

• Its meaning: local people, especially women, claimed a right over the forest they depend on.

3. Appiko movement (Karnataka, NCERT Box 7.3)

• Appiko means "to hug" in Kannada. It was the southern version of Chipko.
• How it happened:
• It began on 8 September 1983 in Salkani forest.
• 160 men, women and children hugged the trees.
• They kept watch over the trees for six weeks.

• They left only when officials promised scientific felling under the working plan (the forest department's official, long-term cutting schedule).

• Result:

• It saved 12,000 trees.

• Within months it spread to nearby districts.

• NCERT error to note: NCERT calls Sirsi a "district". Sirsi is really a taluk (a sub-division) of Uttara Kannada district.

• Appiko's three demands:
• Consult local people when trees are marked for cutting.
• No felling within 100 m of a water source.
• No felling on slopes of 30° or more.
• Why: cutting near streams and on steep slopes causes soil erosion and dries up water.

4. The Uttara Kannada paper mill: what over-use does

• The chain of damage:
• The paper mill used up all the bamboo in about 12 years.
• Without plant cover, the soil washed away.
• Only bare laterite remained (a hard, red, poor soil).

• Small streams (rivulets) dried up.

• NCERT's open question (worked example):

• Jobs created: paper mill 10,000 + plywood unit 800 = 10,800 jobs.
• People who lose daily needs from the forest: about 10 lakh (1 million).
• Ratio: 10,00,000 ÷ 10,800 ≈ 93 people harmed for every job created.
• Exam point: counting only jobs and output hides the cost borne by forest-dependent people. This is the argument for sustainable development.

5. Development-induced displacement

• Definition: people forced to lose their land, homes and livelihoods to dams, mines and industry.
• Example: the Sardar Sarovar dam on the Narmada. The Narmada Bachao Andolan opposed the dam over displacement and poor rehabilitation.
• Legal answer: RFCTLARR Act 2013 (Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act).
• Social impact assessment (SIA): a study of how the project will affect people before land is taken.
• Rehabilitation and resettlement (R&R): giving displaced people new homes, livelihoods and support, not only cash.

6. Environmental impact assessment (EIA)

• Definition: a study of a project's likely environmental and social impacts before it is approved.
• Legal basis: the Environment (Protection) Act 1986, through EIA notifications in 1994 and 2006.
• Who clears what:
• Category A (larger impact) is cleared by MoEFCC (the Union Ministry).

• Category B is cleared by the State Environment Impact Assessment Authority (SEIAA).

• Four stages:

• Screening: does the project need an EIA, and which category is it?
• Scoping: which issues must the study cover?
• Public consultation: affected people give their views at a public hearing.

• Appraisal: experts review the study and recommend yes or no.

• Draft EIA 2020 was criticised for allowing post-facto clearance, meaning approval after a project has already started or broken the rules.

7. Forest diversion law: FCA 1980 → Van Adhiniyam 2023

• Forest diversion means using forest land for non-forest purposes such as mines, roads or dams. It needs central approval.
• The 2023 amendment:
• The Forest (Conservation) Amendment Bill 2023 was introduced in Lok Sabha on 29 March 2023. The Joint Parliamentary Committee (JPC) reported on 20 July 2023. Lok Sabha passed it on 26 July 2023 and Rajya Sabha on 2 August 2023 [3].

• The 1980 Act was renamed the Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980. The government said this was so the name reflects the Act's full purpose, both conservation and enhancement of forests [2].

• Which land the Act now covers [3]:

• Land notified as forest under the Indian Forest Act 1927 or other laws.
• Land recorded as forest in government records on or after 25 October 1980.

• Forest land converted to non-forest use on or before 12 December 1996 is excluded.

• Exemptions (no central forest clearance needed) [3]:

• Land within 100 km of an international border, the LoC or the LAC, for strategic linear projects of national importance concerning security.
• Security-related infrastructure: up to 10 ha.
• Defence projects, paramilitary camps or public utility projects in left-wing extremism (LWE) areas: up to 5 ha.

• Roadside amenities: up to 0.10 ha.

• New activities allowed in forests [3]:

• Government-owned zoos and safaris outside protected areas.
• Eco-tourism facilities.
• Silvicultural operations (work that helps forest growth).
• Surveys such as reconnaissance and seismic surveys.

8. Compensatory afforestation, NPV and CAMPA

• Compensatory afforestation (CA):
• Definition: when forest land is diverted, the user must grow forest on an equal area of non-forest or degraded land.
• Under the Van (Sanrakshan Evam Samvardhan) Rules, 2023, compensatory afforestation is a mandatory condition of diversion [4][5].

• The Rules were later amended so that the State Nodal Officer must help the user agency find degraded forest land for compensatory afforestation [4][5].

• Net present value (NPV) of forests:

• Definition: the money value of the ecosystem services lost when forest is diverted. Ecosystem services are nature's free services, such as clean water, carbon storage and soil protection.
• NPV is charged in addition to the cost of compensatory afforestation.
• It comes from the Supreme Court's T.N. Godavarman Thirumulpad case.

• Worked example (illustrative numbers):

  • A mine diverts 10 ha of forest.
  • CA cost: ₹5 lakh/ha × 10 = ₹50 lakh.
  • NPV: ₹8 lakh/ha × 10 = ₹80 lakh.
  • Total paid into the CAMPA fund = ₹1.3 crore.

• CAMPA:

• The money goes to CAMPA (Compensatory Afforestation Fund Management and Planning Authority) under the Compensatory Afforestation Fund Act 2016.
• The CAMPA scheme compensates for lost forest cover and ecosystem services when forest land is diverted for non-forest purposes, in line with the Van Adhiniyam [4].

9. Market-based tools: green credit, offsets, biodiversity credits

• Green credit:
• Definition: a tradable unit earned for voluntary green actions such as planting trees or saving water.
• The Green Credit Rules, 2023 were notified on 12 October 2023 under the EP Act 1986 [6].
• The Indian Council of Forestry Research and Education (ICFRE) is the Green Credit Programme administrator [6].
• First phase: voluntary tree planting on degraded land, waste land and watershed areas controlled by forest departments [6].
• Credits can be claimed only after at least 5 years of restoration work, and once the canopy (tree cover seen from above) reaches at least 40% density [7].
• Planting must use a mix of indigenous species suited to the site [7].
• Registration is on the portal www.moefcc-gcp.in [7].

• India launched the idea globally at COP28 (2023).

• Biodiversity offset:

• Definition: conservation action that makes up for biodiversity loss that a project cannot avoid.

• Example: a road destroys a wetland, so the builder restores another wetland of similar value.

• Biodiversity credits:

• Definition: tradable units for measured biodiversity gains, used to raise money for conservation.
• Difference: an offset cancels out a specific loss. A credit finances a gain that may not be linked to any loss.

10. REDD+

• Definition: REDD+ (Reducing Emissions from Deforestation and forest Degradation, "+" for conservation, sustainable forest management and enhancing forest carbon stocks) rewards developing countries for keeping forests standing.
• Warsaw Framework for REDD+:
• It was adopted at COP19, Warsaw, in December 2013 [10].

• It gives the full guidance on method and finance for REDD+ [10].

• Results-based payments:

• Countries are paid after they prove they have cut emissions from deforestation [11].
• They submit this data voluntarily, as a technical annex to their biennial update reports [11].

• LDCs and small island states get flexibility [11].

• Scale (as reported by UNFCCC) [11]:

• 21 countries have submitted verified REDD+ results to the Lima REDD+ Information Hub.
• The World Bank's Forest Carbon Partnership Facility (FCPF) supported 47 countries.

• It signed 15 Emission Reductions Payment Agreements worth USD 721 million, with over USD 234 million paid out.

• India: National REDD+ Strategy, 2018.

11. Nature-based solutions (NbS)

• Definition: protecting or restoring ecosystems to solve problems such as climate change, floods and coastal erosion.
• MISHTI (Mangrove Initiative for Shoreline Habitats & Tangible Incomes):
• It was announced in the Union Budget 2023-24 [8].
• It targets about 540 sq km of mangroves over 5 years (2023-2028) [8].

• Expected results: about 22.8 million person-days of work and a carbon sink of 4.5 million tonnes (a carbon sink is anything that absorbs carbon from the air) [8].

• Amrit Dharohar:

• It is a wetland scheme from the Union Budget 2023-24. It promotes the conservation value of Ramsar sites (wetlands of international importance) over 3 years [9].
• Aims: more biodiversity, more carbon stock, eco-tourism and income for local communities [9].
• Ramsar sites grew from 26 (2014) to 75 (2022, 75th year of Independence). This gave India the second-largest Ramsar network in Asia [9].

12. Legal principles

• Polluter pays principle (Rio Principle 16):
• The polluter bears the cost of preventing and cleaning up pollution.

• Example: a factory that poisons a river must pay for the clean-up and for the harm to people.

• Precautionary principle (Rio Principle 15):

• When harm could be serious or irreversible, lack of full scientific proof is no excuse to delay protective action.

• In practice this places the burden of proof on the developer to show the project is safe.

• Read into Indian law by the Supreme Court:

• Vellore Citizens' Welfare Forum v. Union of India (1996), about tannery pollution in Tamil Nadu.

• Indian Council for Enviro-Legal Action v. Union of India (1996), about chemical industry pollution in Bichhri, Rajasthan.

• NGT Act 2010, Section 20: the National Green Tribunal must apply sustainable development, the precautionary principle and the polluter pays principle.

Prelims Hooks

• Reni 1974, Gaura Devi → Chipko. Salkani, 8 September 1983 → Appiko, which saved 12,000 trees. Sirsi is a taluk of Uttara Kannada, not a district.
• Appiko's rules: no felling within 100 m of water or on slopes of 30° or more.
• The FCA 1980 was renamed the Van (Sanrakshan Evam Samvardhan) Adhiniyam in 2023. Exemptions: 100 km of border/LoC/LAC for strategic linear projects, 10 ha for security infrastructure, 5 ha in LWE areas [3].
• The amended Act covers land recorded as forest on or after 25 October 1980. Land converted on or before 12 December 1996 is excluded [3].
• NPV comes from the T.N. Godavarman case. It is paid on top of CA cost into CAMPA under the CAF Act 2016.
• Green Credit Rules: notified 12 October 2023 under the EP Act 1986. Administrator is ICFRE, not CAMPA or CPCB. Credits need 5 years of work and ≥40% canopy density [6][7].
• Warsaw Framework for REDD+ = COP19, 2013 [10]. India's National REDD+ Strategy = 2018.
• MISHTI = mangroves, about 540 sq km, 2023-28. Amrit Dharohar = Ramsar wetlands. Both are from Budget 2023-24 [8][9].
• Trap: Precautionary = Rio Principle 15, Polluter pays = Rio Principle 16. NGT Act s.20 requires the NGT to apply both.
• EIA: Category A → MoEFCC, Category B → SEIAA. Stages in order: screening → scoping → public consultation → appraisal.

Mains Points

• Growth vs livelihoods: the Uttara Kannada numbers (10,800 jobs against about 10 lakh people losing daily needs) show that GDP and job counts miss the hidden costs to forest-dependent people. Use this with Chipko, Appiko and the Narmada Bachao Andolan to argue for local consent, SIA under RFCTLARR 2013, and strong public hearings in EIA.
• Dilution vs speed: the 2023 forest amendment (100 km border exemption, zoos, safaris, eco-tourism) and the post-facto clearance in Draft EIA 2020 make projects faster. Critics warn they weaken the precautionary principle and the wide meaning of "forest" from Godavarman [3].
• Can money replace a natural forest? CA, NPV, green credits and offsets turn forest loss into a payment. The risks: planted forests do not match natural forests in biodiversity, CAMPA funds may lie unused, and greenwashing (claiming green credit without real benefit) is possible. Safeguards such as the 5-year, 40% canopy rule for green credits and results-based payments under REDD+ try to reward only verified outcomes [7][11].
• Legal backbone of sustainable development: the polluter pays and precautionary principles (Vellore 1996, ICELA 1996, NGT Act s.20) convert the Brundtland idea (1987) into rules courts can enforce. They also link to SDG 15 (Life on Land) and nature-based solutions such as MISHTI and Amrit Dharohar [8][9].