The Paradox of Forest Conservation Amendment Act and Green Credit Programme
India has a pivotal position among the global superpowers in terms of military strength, space research, culture and traditional heritages. When the country is aiming for a leadership position through deepened co-operations, it is swiftly pacing on a trajectory to rapid economic development through growing markets and improved value chains.
India aims to champion environmental conservation and climate mitigation through its environmental agenda of reduced use of non-renewable energy resources and conservation of natural resources. Forests have played an important role in our culture and very existence, since time immemorial. These interwoven threads force the world to look forward to India on how we conserve and manage our forests, particularly in times of intense climate change and unprecedented future.
The Forest Conservation Act (FCA), 1980 has played a key role in conserving the forests and preventing the use of forest land for non-forest purposes. Recently, the Indian Parliament amended FCA through Forest Conservation Amendment Act, 2023 to clarify the extent and applicability of FCA. It has retained the land notified as a forest under the Indian Forest Act, 1927 or in government records after the FCA, while excluding those areas converted to non-forest use before December 12, 1996.
The amendment is to ease the access of tribal communities to basic amenities, mainstreaming them through ecotourism and ‘development’of infrastructures for national security. With the recently introduced Green Credit Programme (even though it is in draft stage), it is even expected to create a competitive market that provides incentives for voluntary environmental actions of various stakeholders and encompass all crucial aspects of environmental and social sustainability.
Even though, the amendment has brought about a clarity on the FCA, it has opened up some new concerns which needs to be addressed. India has 5,16,630 km2 of Reserve Forest, while we also have 1,97,159 km2 of forests that lie outside the Recorded Forest Areas. Thus, the amended Act can lead to a lack of protection to about 27.62 percent of the forest in India, which, obviously is a huge proportion. Even though, the amendment has brought about a clarity on the FCA, it has opened up some new concerns which needs to be addressed. India has 5, 16,630 km2 of Reserve Forest, while we also have 1,97,159 km2 of forests that lie outside the Recorded Forest Areas. Thus, the amended Act can lead to a lack of protection to about 27.62% of the forest in India, which, obviously is a huge proportion.
Is development to happen at the cost of nature?
Unique ecosystems like forests provide an aesthetic value that rejuvenates mental and physical health, enabling us to revitalise from the urban city life. Perhaps we may not gain much from the developments (like setting up of zoos and promoting ecotourism) at least while looking at the opportunity cost of foregoing the ecosystem services of carbon sequestration, water provisioning service, habitat regulation and climate regulation among others. When the developed nations are turning on to going green hand in hand with the UN Decade of Ecosystem Restoration and Bonn challenge, it is indeed deplorable that we as a nation are pulling ourselves back.
The exception of forest clearance for strategic projects within 100 km of our international border can affect the biodiversity and elicit extreme weather events in the ecologically sensitive Himalayas and north-eastern regions and reduce the stake of the forest dwelling communities. The deforestation activities in India just over a period of five years (2015-2020) has already resulted in the loss of 6684 km2 of forest. If this rate continues, we may not be able to meet the need of addition carbon sink of 2.5 to 3 billion tonnes.
The forests, cultural integrity and health of the Vulnerable Forest Communities
Forests, both explored and unexplored are a rich treasure of biodiversity and the exceptional traditional knowledge on the use of these unique resources often resides with the forest-dwelling communities. In many parts of the states, forests are preserved under cultural relevance which indeed is above the scope of the recently passed Act on Forest Conservation Activities.
For instance, there are sacred groves which are of high cultural and spiritual significance, harbours unique biodiversity and are ecologically significant. There are more than 10,000 patches of sacred groves in the entire stretch of India and the unrecorded patches can be more than this. The destruction of these unique habitats can have a higher impact on the mental health of the resident community and the habitat of the biodiversity in the region.
Habitually, the forest resident communities are brought into the mainstream, but at the cost of their health. Studies have also substantiated this fact and highlighted that modification of their lifestyle can take a toll on their physical health (e.g. in Parambikulam Tiger Reserve, Kerala the forest-dwelling communities who practiced agriculture activities and Non Timber Forest Product collection from the forest were given alternate employment through ecotourism activity. But almost 23% of the community irrespective of the age group and gender suffer from lifestyle disorders like BP and diabetes).
The setting up of ecotourism centres, zoo, and safari can hinder the ecological niche of biodiversity. Moreover, uncontrolled tourism in an area can negatively affect the very existence of the RED LISTED species as well as open up areas for invasive species that can further replace the native ones. The loss of the ecological corridors may lead to increased instances of man-animal conflict. The exposure of these areas through increased human disturbance can lead to the spread of zoonotic/ epinotics, which the entire globe has faced in the form of COVID-19.
So, there is always a need to account for the non-use values of the forest- bequest value for the setting aside of the ecosystem services for future generations, altruistic value for the satisfaction that other people also have access to the resources and the existence value for the species.
The Importance of Old Growth Forests
Forests withold-growth trees are highly effective in storing carbon dioxide, providing various ecosystem services like clean water and air and habitat and refuge for biodiversity. According to the presently amended Act, 0.10 ha of forest land is proposed to provide connectivity to habitation and establishments, and about 10 ha of land is proposed for bringing up security-related infrastructure with 5 ha of forest land in extremist affected areas for public utility projects. This loss is intended to be covered up through compensatory afforestation and is expected to increase forest cover from 23% to 33% of the land area by 2030.
How long will these afforested areas take to sequester the same amount of carbon that was stored by the existing forests?
The compensatory afforestation may lead to the creation of plantations that store carbon only for a short time as compared to the native forests. It takes decades for the newly planted trees to sequester the carbon that was done by the existing forests. The newly planted forest may lead to ‘carbon debt’ as it was developed at the cost of existing ‘carbon sinks’ which were the native forest. These carbon debts take a longer time to be repaid.
Lewis and his co-workers in their research published in ‘Nature’ have compared plantations, natural forest and agroforestry system showing that, natural forests are 6 times better than agroforestry and 40 times better than plantations in storing carbon. This means that the efforts of sequestering carbon and global climate maintenance will be possible only with the natural forest.
With the Government’s Green Credit programme, it is antagonistic to the amendment in FCA, where the Act itself emphasizes opening up forests to deforestation and further covers it up through compensatory afforestation activities. The presently notified green credit activities in India include tree plantation-based green credit, water-based green credit, sustainable agriculture-based green credit, mangrove conservation and restoration-based green credit among others. But the mangrove ecosystem which is a potent greenhouse gas mitigator often lies outside the areas notified as “forests”. There are chances that these ecosystems be diverted for alternate land uses. This scenario will lead to greenwashing making inflated titles about environmental sustainability without actually attaining it.
The present amendment to the FCA has received a large number of protesting representations from tribal groups to conservationists, researchers, environmental lawyers, activists, and citizen groups, but it was passed without any changes being made. The primary stakeholders who are the marginalised communities no longer hold much stake in their land while there is immense scope for private investors and tertiary stakeholders. For maintaining a healthy environment in the long run, it is always important to include the resident communities in each of the activities involved.
When the world looks up at the diversity, heritage, and cultural richness of India, it is indeed important to maintain a balance between the showcase of Ayurveda, yoga and spiritual values for physical and mental health and the actions of active forest conservation. In order to avoid the devastating impacts from land use change, climate scenarios and ecosystem disservices like increased man-animal conflict and invasion of alien species it is more advisable to leave the primeval forest as it is for our long-term perspective.
Remember the words “To waste this opportunity would compromise our last best chance to stop runaway climate change. It would not only be immortal; it would be suicidal”-Antonio Guterres, UN Secretary General.