Submission to Joint Parliamentary Committee on FCA Amendment Bill 2023

To

The Joint Secretary (JM), Lok Sabha Secretariat,

Room No 440, Parliament House Annexe, New Delhi – 110001

Subject: Comments of Aravalli Bachao Citizens Movement to the FCA Act (Proposed Amendments) 2023

Greetings from the Aravalli Bachao Citizens Movement working to save the Aravallis across all 4 states from destruction by illegal mining, encroachments, commercialisation, dilution of protective laws, toxic landfills and other such activities. We urge the Lok Sabha Committee to strengthen the Forest Conservation Act 1980 and not dilute it to give a secure future to our coming generations in the backdrop of increasing global warming, climate change, air pollution, environmental degradation, forest loss and zoonotic diseases. We would like an opportunity to appear before the Committee in person to discuss our submission regarding the FCA Amendment Bill 2023.

CURRENT STATE OF INDIA’S FORESTS

The National Forest Policy 1988 set the guideline to have a minimum of 33% of total geographical area of India under forest and tree cover. However, the forest loss in our country is worrying us enormously. A report published in Down To Earth claims that India lost 668,400 ha forests in 5 years from 2015 to 2020, recording the 2nd highest loss of forest in the world after Brazil.

An analysis of the India State of Forest Report 2021 (ISFR 2021) done by Down To Earth in February 2022 states that India is “missing” almost 26 million hectares of its forests. The recorded forest area, as per the ISFR 2021, is 77.53 million hectares. But the actual forest cover on these lands is said to be 51.66 million hectares. This means as much as 34 percent of the area classified as forests – 25.87 million hectares – is missingin the assessment! The India State of Forest Report 2021 does not explain what is happening to this huge tract of forest land – equal in size to the state of Uttar Pradesh. According to the Down To Earthanalysis, there are states where over 30-50 percent of the land classified as forests is ‘missing’ from the government’s assessment. Madhya Pradesh, for instance, has ‘lost’ nearly three million hectares of forests.

According to a 7^th April 2023 Times of India article, India during the last five years diverted over 88,903 hectares of forest land for non-forestry purposes. This amounts to a size more than the area of Mumbai and Kolkata cities put together.The highest diversion of over 19424 hectares was for road construction followed by 18847 hectares for mining, 13344 hectares for irrigation projects, 9469 hectares for transmission lines and 7630 hectares for defence projects. These diversions have been despite the imperative to bring an ecological balance and environmental stability for upholding continued ecological services that forests provide. Any diversions and loss of forest cover due to amendments proposed in constitutional acts meant to protect our forests and wildlife like the FCA Amendment Bill 2023 goes against the National Forest Policy objective and also threaten Articles 48A and 51(A)(g) of the Indian Constitution.

LOSS OF FORESTS INCREASES RISK OF ZOONOTIC DISEASES

According to experts, as humans diminish biodiversity by cutting down forests and building more infrastructure, they are increasing the risk of disease pandemics such as COVID-19. Multiple human-mediated environmental changes and activities have been found to be key drivers of zoonotic disease emergence, promoting the conditions in which zoonoses can emerge.  Such drivers include land-use change, wildlife trade and anthropogenic climate change, all of which have been linked to multiple zoonotic disease outbreaks in humans. Land-use change often involves the encroachment of human activity into wildlife habitat resulting from urban expansion and infrastructure development, hydrological alteration, natural resource extraction, and other practices. Land-use change can often result in environmental alterations, such as deforestation and habitat fragmentation. Such anthropogenic disturbances can affect pathogen transmission dynamics by changing ecological community composition, population structure, vector ecology, host abundance, host behaviour, and immunity. This effect can alter host exposure, susceptibility and transmission rates of pathogens. Destruction and degradation of habitats often lead to an increased interface for wild host, vector, and human interactions, potentially facilitating zoonotic pathogen spill over to new hosts, including humans. A 2020 study in Uganda’s Kibale National Park found that landscape fragmentation, including higher densities of edges and forest core loss due to deforestation, is associated with increased interactions between humans and non-human primates, enhancing opportunity for spill over of zoonotic pathogens.

INDIA’S BLEAK ENVIRONMENTAL PERFORMANCE IS A HUGE CAUSE FOR WORRY

The 2022 Environmental Performance Index (EPI) ranked India right at the bottom among 180 countries after Pakistan, Bangladesh, Vietnam and Myanmar based on performance across parameters related to protecting ecosystem vitality, mitigating climate change and improving environmental health. The EPI uses outcome-oriented indicators such as environmental risk exposure, air quality, average exposure to PM 2.5 & air pollution, water and sanitation parameters, vitality of the ecosystem, health and management of water resources, wastewater treatment, green investment, green innovations and national leadership around climate change. According to a Frontline 5 June 2022 article, “India’s 180^th rank is not surprising. At the policy level, the government, instead of strengthening existing environmental laws and creating new laws, is bent on erasing existing ones. Environmental laws like the Coastal Regulation Zone, the Wildlife Act, laws pertaining to mining in forests -all these are under threat. The government leans more towards facilitating industry than towards sustaining the environment.”

INDIA IS ONE OF THE MOST VULNERABLE NATIONS TO GLOBAL WARMING AND CLIMATE CHANGE

The 2022 IPCC report has warned that the window to act against climate change is fast closing. If governments do not act now to mitigate and adapt to climate change, we may no longer be able to “secure a liveable and sustainable future”. Our forests and natural ecosystems are our shield protecting us from the worst climate impacts and are also our critical water recharge zones when the next wars are predicted over water.

MAIN CONCERNS REGARDING PROPOSED FCA AMENDMENT BILL 2023

On a reading of the amendments proposed, the Bill relaxes the regulatory safeguards of the forests by exempting the requirements of forest clearances for vast tracts of land and activities which were previously regulated under the principal Act and the Supreme Court direction in T.N. Godavarman case (1996). The replacement of natural forests with plantations, encouraged by a legislation that does not discriminate between plantations and natural forests, is a grave threat to biodiversity and numerous services provided by natural forests.

1) CONSTITUTIONAL SPIRIT OF FOREST CONSERVATION ACT IS COMPROMISED

The intent of the Forest Conservation Act 1980 is that it is an Act to provide for the conservation of forests and for matters connected therewith or ancillary or incidental thereto. Hence any amendments to this Act shall fundamentally be done for strengthening the conservation of forests of India and not contrary to. The proposed amendments to FCA are inconsistent and ultra vires to the Principal Act, severely compromising the constitutional mandate of the State (Article 48A) to safeguard forests, and jeopardises the access to information, public participation and access to justice, which are essential component of Rio Declaration 1992 and fundamental rights guaranteed under Article 21 of the Indian Constitution.

2) AMENDMENTS PROPOSED ARE AGAINST AIMS OF NATIONAL FOREST POLICY

The amendments proposed are clearly against the aims of the National Forest Policy 1988, particularly clause 2.2, which states:

“The principal aim of Forest Policy must be to ensure environmental stability and maintenance of ecological balance including atmospheric equilibrium which are vital for sustenance of all lifeforms, human, animal and plant. The derivation of direct economic benefit must be subordinated to this principal aim.”

3) GOES AGAINST PROTECTION GIVEN TO FORESTS UNDER FCA BY SUPREME COURT GODAVARMAN JUDGEMENT

Insertion of new section 1A sub-section 1 states that only following lands shall be covered under the Forest Conservation Act:

• Land declared or notified as a forest in accordance with the provisions of the Indian Forest Act, 1927 or under any other law for the time being in force.
• Land recorded as forest in government records, as on or after 25 October, 1980.

The Amendment Bill seeks to limit the applicability of the Principal Act only to land recorded as ‘forest’ as on or after 25th October 1980, thus creating an exception to the SC direction of 12.12.1996, which applies to all forest lands without any exception. T.N Godavarman vs Union of India judgment dated 12 December 1996 of the Supreme Court interpreted the forest with reference to its dictionary meaning. SC categorically stated:

‘The word forest must be understood according to its dictionary meaning. This description covers all statutorily recognised forests, whether designated as reserved, protected or otherwise for the purpose of Section 2(i) of the Forest Conservation Act. The term “forest land”, occurring in Section 2, will not only include “forest” as understood in the dictionary sense, but also any area recorded as forest in the Government record irrespective of the ownership…..The provisions enacted in the Forest Conservation Act, 1980 for the conservation of forests and the matters connected therewith must apply clearly to all forests so understood irrespective of the ownership or classification thereof.’

We ask for the deletion of the new section 1A sub-section 1 as it threatens the bulk of the biodiversity-rich forests in Aravallis, Terai, Central India, Western Ghats and the North-East, which may no longer be considered ‘forest’ for the purpose of the Principal Act. The FCA is presently being applied, in the light of Supreme Court’s Godavarman order, to all lands with forestry vegetation having 0.1 canopy density and 1 hectare area. The proposed amendment will remove all protection to forests not declared, notified or recorded in government records presently, causing disastrous scale of deforestation. Such forests can potentially be sold, diverted, cleared, felled, utilised, exploited without any regulatory oversight.

A) 28% OF INDIA’S FORESTS WILL LOSE PROTECTION

Forest Survey of India’s latest report, India State of Forest Report 2021, states that while 5,16,630 sq km of the forests are within Recorded Forest Areas, 1,97,159 sq km of forests lie outside Recorded Forest Areas. This implies that out of a total of 7,13,789 sq km of forests of India identified by FSI, 1,97,159 sq km of forests (27.62% of our forests) will lose all protection if this amendment is permitted. The fact that a large part (27.62%) of the existing forests are not recorded is the biggest lacuna in the conservation of the forests of India. All the forests were supposed to be identified and recorded through extensive ground surveys by every state over 25 years ago, but the process remains grossly incomplete for all the states. The completion of the identification and recording of all forests in our country should have been the objective of the FCA amendments, not removing them from protection.

B) LARGE PARTS OF ARAVALLIS WILL GET OPENED FOR COMMERCIALISATION

FCA Amendment Bill 2023 threatens the forests of India’s oldest mountain range. Aravallis stretching for 690 klm across the 4 states of Gujarat, Rajasthan, Haryana and Delhi are North India’s barrier against desertification, critical water recharge zone, climate regulator, pollution sink, biodiversity hotspot and wildlife habitat. In the case of Haryana, the state with the lowest forest cover in India and cities with the highest air pollution & water stress, FCA Amendment Bill 2023 will open up 50,000 acres of Aravalli forests including Mangar Bani, NCR’s only sacred forest for real estate development & commercialisation since these forests that have not yet been notified as “deemed forests” as per dictionary meaning of forests.

The Honourable Supreme Court has repeatedly directed Haryana to identify forests as per dictionary meaning in Godavarman (1996), Lafarge (2011) judgments of the Supreme Court but the government has failed to carry out this exercise. Aravalli forests are extremely important for the ecological benefits they provide to the millions of residents living in Haryana and Delhi-NCR. The state of Haryana and India’s National Capital Region will become a desert if the Aravallis are not preserved.

The Desertification and Land Degradation Atlas-2021, released by the Indian Space Research Organisation (ISRO) states that around 3.6 lakh hectares or 8.2% of the Haryana state’s total land area had degraded and become more arid by 2018-19. Experts attribute desertification in the state of Haryana to destruction of the Aravalli hills and loss of forests and green cover. While Haryana’s Forest cover is a mere 3.62%, the effective legally protected forest area is only about 2%. So, the FCA Amendment Bill 2023 if enacted, as it is, will increase the rate of desertification and be disastrous for the forests, the air quality, the water security, the people and the wildlife of the state of Haryana.

C) TRADITIONAL FOREST ECOSYSTEMS WILL BE DESTROYED

In many states, distinct types of ecosystems of high ecological value are protected and managed as forests by local communities even though they are not currently “notified forests”. It is estimated that around 39063 hectares of forests are under sacred groves across our country. Insertion of the new section 1A sub section 1 in the FCA Amendment Bill 2023 will decimate such lands and pave the way for non-local people to use these rich, biodiverse ecosystems for non-forest activities.

Orans in the state of Rajasthan are community-conserved pastures which are rich in biodiversity and an oases of traditional flora and fauna. These are lands where herders have been grazing their cows, sheep, and goats for centuries. Usually featuring a temple and a waterbody, the orans are home to the endangered Great Indian Bustard, Chinkara, and the Indian Desert Fox. However, many of the orans are classified as “wasteland” in revenue records, according to the Wasteland Atlas prepared by the Union Ministry of Rural Development. The Supreme Court had intervened in 2018. Its order recognised the ecological importance of desert ecosystems and of orans in particular, which were to be brought under the tag of “deemed forest”. According to a 12 January 2023 Frontline media article, “Ganesh Verma, Divisional Forest Officer, Jaisalmer said that 50,000 hectares of land in Jaisalmer have been listed as orans.” FCA Amendment Bill 2023 threatens the future of these orans.

Sacred groves of Karnataka are hotspots of biodiversity with cultural and religious significance. In Uttara Kannada, the sacred forests are known as “Kaan” and in Dakshina Kannada “Nagabana”. Kodagu district in the Western Ghats has 1214 sacred groves that extend over 2500 hectares.

Myristica swamps are a type of freshwater swamp forest predominantly composed of species of Myristica. These are found in only three regions in India. Myristica swamps have adapted to inundation by way of stilt roots and knee roots. Myristica swamps are found in the Uttara Kannada district of Karnataka state and in the southern parts of Kerala.

Mangrove forests along India’s coast that are privately owned.  

Grasslands on the laterite hills of Northern Malabar are classified under low elevation dry grasslands, characterised by remarkable diversity. This type of natural grassland is the characteristic feature of the laterite hills of Kozhikode, Kannur, Kasaragod districts and the lower parts of Wayanad district. These grasslands are highly seasonal and interspersed with other herbaceous plants and scrub jungles. More than 50 species of grasses were recorded from Madayipara hills, many more remaining to be fully identified.

D) CRITICAL WILDLIFE CORRIDORS WILL BE COMPROMISED

Critical animal corridors outside the notified forest lands are status quo unprotected. This critical mass of vegetated lands will get further compromised, escalating the potential of man-animal conflict in already tensed landscapes. Forest Conservation Act 1980 and Wildlife Protection Act 1972 need to be strengthened to legally protect critical animal corridors that connect “Protected Areas”. The increasing human animal conflicts can largely be averted with legal protection of elephant corridors as mentioned in “Right of Passage: Elephant Corridors of India”. Insertion of new section 1A sub-section 1 in the FCA Amendment Bill 2023 threatens the entire stretch of Aravallis in Haryana connecting Asola wildlife sanctuary in Delhi to Sariska wildlife sanctuary in Rajasthan. These forests in Haryana are an important wildlife habitat – home to native species of birds, reptiles and mammals including the leapord.

4) SECTION 1 A SUB-SECTION 2 IN FCA AMENDMENT BILL 2023 WILL LEAD TO A MAJOR LOSS OF BIODIVERSITY RICH FORESTS ACROSS INDIA

Section 1 A sub-section 2 in the FCA Amendment Bill 2023 provides a list of forest lands and projects that are readily and easily available for forest clearance by exempting them from the purview of FCA. These include forest lands alongside rail line or public road providing access to a habitation, a rail and roadside amenity up to 0.10 ha, area under tree plantations that are not part of the Recorded Forest Area, forest land within 100 kms of the international border or Line of Control for projects designated as projects of national importance or linear projects  and upto 10 ha for security related infrastructure and defence related projects or camps for paramilitary forces or public utility projects not exceeding five ha in a Left Wing Extremism (LWE) affected area. LWE areas are presently in 70 districts of Chhattisgarh, Jharkhand, Odisha, Bihar, West Bengal, Andhra Pradesh, Telangana, Maharashtra, Madhya Pradesh and Kerala.

This section needs to be scrapped entirely as exclusion of these forest lands from the ambit of FCA will lead to widespread, unrestricted constructions in forests across the country, causing unacceptable loss of forests. These forest lands must be retained within the ambit of the FCA in order to ensure that all forest related issues are resolved and mitigation measures are taken, if and when any constructions or activities are permitted to be carried out.

This section proposes that forest lands alongside rail lines or public roads will not be protected as a forest, if required for providing access to any habitation or rail  /roadside amenity, and if the area of forest to be cut is less than 0.1 hectare. It is submitted that railway lines and public roads not only destroy the forests and environment of the land on which they are constructed, but also cause maximum destruction of forests, flora and fauna by fragmentation, mass killing of small and large fauna, air, water and noise pollution, etc. Every existing railway line and public road has thus already caused severe destruction of forests and wildlife. The length of roads across India as per “Year End Review- 2022” of the Ministry of Road Transport and Highways is over 63,00,000 km and the route length of rail lines as per “Indian Railways Year Book 2021-22” is 68,000 km. Many of these rail lines and roads pass through and fragment forests. This amendment will therefore cause widespread destruction of forests and adjoining agricultural lands, aggravating the fragmentation and other negative impacts of the roads and rail lines on forests and wildlife.

The exclusion of forests 100 km from the line of control from the ambit of FCA will lead to widespread, unrestricted construction of roads in the critical, invaluable forests along our international borders, which will lead to a negative impact on the health of forests, wildlife and environment of all countries involved. Our border areas encompass some of the most biodiversity rich forests and protected areas in North East India, Himalayas, Western Ghats, Andaman & Nicobar Islands, Deserts, Mangroves etc which are ecologically sensitive areas and a habitat for rich and endemic biodiversity including several endangered species such as the Great Indian Bustard, Red Panda, Snow Leopard, Kashmir Stag, Tibetan Antelope, Markhor, Hoolock Gibbons, and many other endemic species of flora and fauna. These areas are also catchment of many lakes and rivers, destruction of which would have consequences for the water security of the country. Also, infrastructure projects involve activities such as blasting and excavation, creating tunnels, damming of water streams etc., has significant and irreversible damage to the ecologically sensitive landscape of the Himalayan regions. Experts have pointed out the role of such infrastructure development as a significant contributor in intensifying the impact of extreme weather events leading to landslides and severe floods in our mountain areas. The review of such projects under the FCA will help to prevent such disasters.

The usage of forest land for ‘security-related infrastructure’ and ‘public utility’ in this section is very wide and can be used to establish a variety of infrastructure projects on forest lands without applying for forest clearance. For example, public utility services are commonly understood as services provided by the government essential for citizens’ requirements. This includes transport, postal, telephone, power, water, etc. This virtually allows the construction of any project on forest land.

The limitation of 10 hectares and 5 hectares for availing such will be potentially misused for clearing forests. For instance, user agencies may not develop a project in total but in different phases of 5 or 10 hectares each. Also, such projects do have huge cumulative impact on the neighbouring forests as it would also mean constructing access roads, power lines, sewerage, waste management, etc. Movement of people and heavy vehicles has significant impact on species which are sensitive to such disturbances. 

The impact of insertion of Section 1 A sub-section 2 in the FCA Amendment Bill excluding large extents of forest lands from the purview of Forest Conservation Act 1980 would have far reaching consequences for our forests in the Aravallis, Western Ghats, Himalayas and Central India that capture the bulk of our current carbon stock and support a rich biodiversity.

On the other hand, it will expand the extent of green deserts for achieving INDC target of tree cover, and proliferating at the same time invasive species of non-endemic origin.

Insertion of Clause 1A will result in the opening of dense canopies which will trigger an irreversible process of land degradation and land use with deleterious impacts of climate change, floods and landslides. Centuries old grandmother trees that are futuristic seed stock of several rare, endangered and threatened trees will completely be lost from the face of the earth with the enactment of this amendment bill. The land use change will be for non-forest uses like timber felling, mining, quarrying, waste landfills and setting up of red category polluting industries after chopping dense forests. This will also impact the indigenous tribes who are dependent on non-forest forest produce for their livelihoods.

5) CONCERNS REGARDING DIVERSION OF FORESTS FOR NON-FOREST USE BEFORE 12 DECEMBER 1996

A very important aspect of the Forest Conservation Act is that diversion of forest land other than the purpose specified for is not permitted as per Section 2 of FCA. As a result, land is diverted only for specific purposes like resettling of landless tribes and for purposes that are only critically needed. Large portion of such forest lands is with the Revenue Department, Plantation Corporations, State Forest Development Corporations and the Tribal Department. Then there are forest lands handed over to the Revenue Department for assignment during the 1970s but are still remaining unassigned and are currently dense forests.

Insertion of Provisio under Section 1A removes protection of such forest lands that were diverted for tribal resettlement and other purposes prior to 12th December 1996, which is the date of the Supreme Court Godavarman judgement. We ask for the scrapping of Clause 1A that gives permission to divert large areas of forest lands that were diverted for specific purposes prior to 12th December 1996. As of now, Forest Conservation Act 1980 ensures that such lands cannot be further diverted for purposes other than for which it was originally diverted. Hence the usage of such forest lands is by conserving the old growth trees and other natural resources of such lands. With the exclusion of such lands, all lands diverted for non-forestry purposes prior to 12th December 1996 shall be diverted for “any other purpose”. Large areas of forest lands used for tribal resettlement, lease for plantation crops, arable lands will be opened up for “any other purposes”. With the insertion of Clause 1A, these lands would be used for setting up of waste treatment plants, mining, quarrying and any commercial purpose.

6) RESTRICTION ON NON FOREST USE ON FOREST LAND BEING REMOVED AND OTHER AMENDMENTS IN SECTION 2 OF FCA

A) CENTRAL GOVERNMENT IS BEING GIVEN TOO MUCH POWER

The amendment under Section 2, (1), Explanation, (viii) proposes that non-forest purposes shall include, “any other like purposes, which the Central Government may, by order, specify”. This provision must be deleted as it delegates unfettered powers to the Central government with wide ranging repercussions for forest conservation.

B) SURVEYS WILL NOT BE TREATED AS NON FOREST ACTIVITIES

Section 2, (2) is proposed to be inserted after the renumbered sub-section (1) to provide that “any survey, such as, reconnaissance, prospecting, investigation or exploration including seismic survey” shall not be treated as non-forest purposes. This provision must be deleted as it will allow mining and other extractive and destructive activities to flourish in the forests in the future, with disastrous consequences. The existing law that surveys in forest lands also need to take prior permissions as non-forest purpose must be maintained in order to regulate the surveys being conducted in forests, to prevent unregulated survey operations in forests, and to ensure, by imposing conditions, that the forests are not disturbed or damaged during the surveys.

C) ZOOS AND SAFARIS WILL NOT BE TREATED AS NON-FOREST ACTIVITIES

Section 2, (1), Explanation, (vi) proposes to exempt construction of zoos and safaris in forests outside Protected Areas from the restrictions presently in force under Section 2 of the FCA. This provision must be deleted, since zoos and safaris are not for forest conservation purposes, but for human entertainment at the cost of wildlife and forests. Establishment of a zoo, safari for public outreach or any training infrastructure will significantly disturb the forest ecosystem, alter the topography and will drive away the majority of the fauna. Allowing zoos and safaris within the scope of non-forest activities may disproportionately commercialise forests and wildlife without due consideration to the rights of forest dependent people, wildlife and ecosystem services. The cumulative impact of such establishments including buildings, access roads, power transmission lines, vehicular movement, light and noise pollution etc has significant impact and fragments an otherwise intact forest and have immense impact on species conservation. There is no justification for such non-forestry activities to be excluded from the restrictions that are fundamental to FCA.

This FCA amendment goes against February 2023 order of the Supreme court in which the apex court restrained construction within core areas in tiger reserves, national parks, wildlife sanctuaries. The top court was dealing with a matter that alleged illegal felling of trees and constructions in tiger reserves and the establishment of a tiger safari in the buffer area of Corbett Tiger Reserve in Uttarakhand. The bench was informed about a report submitted by an apex court constituted panel, Central Empowered Committee (CEC), in which it has asked the Union Environment Ministry to amend or withdraw guidelines related to setting up zoos and safaris within tiger reserves and wildlife sanctuaries to discourage the use of wildlife habitats for tourism activities which are non-site specific.

CEC, in its report, has also said: “Approvals given for setting up zoos and safaris within tiger reserves and protected areas should be withdrawn forthwith. Location of safaris and zoos shall not endanger the life of the natural population. Eco-tourism and wildlife education should not be at the cost of survival of the endangered species. It should also not result in shrinkage of the already limited habitat available to such endangered species.”

EXAMPLE OF HOW THE PROPOSED ZOO SAFARI PROJECT WILL BE DETRIMENTAL TO THE HARYANA ARAVALLIS

In April 2022, Haryana Chief Minister Mr. Manohar Lal Khattar announced plans for a zoo safari in 10,000 acres in the Aravalli range in Gurugram and Nuh districts of India’s National Capital Region. The proposed safari in the Aravallis would have 10 zones including an exhibition space for reptiles, amphibians, big cats, herbivores, exotic birds, an underwater world, equatorial, tropical, coastal, desert areas and probably cheetahs as well. The May 2022 EOI document of the Haryana tourism department explicitly states that the aim of this project is to increase tourist footfall in the state and to increase government and private investment in the tourism sector. Conservation of the Aravallis does not even get a mention in the aims of the project mentioned in the tender.

Massive amount of construction as envisaged in the Aravalli safari project will result in a lot of unnecessary real estate development that will destroy the native ecosystem of the Aravallis by clearing of trees, undergrowth, vegetation, grasses and other such niche habitats used by the resident wildlife. The EOI document of the Haryana tourism department mentions the list of mandatory requirements of structures in the safari park such as clubs, restaurants, aquarium, cable car, open-air theatres, animal cages, entertainment parks, landscaped gardens, electricity lines, road networks etc. Aravalli zoo safari project is a non-site-specific project and hence, it is not necessary to be constructed inside the forest area of Aravallis. A project designed with the main objective of maximising revenue generation in an eco-sensitive region will not support “conservation” and “undermine the ecology and hydrology of the Aravalli area”.

D) EXEMPTION FOR ECO TOURISM FACILITIES

Section 2, (1), Explanation, (vii) proposes to exempt eco-tourism facilities in tiger reserves, protected areas, and forests outside protected areas from the restrictions presently in force under Section 2. This is unacceptable and must be scrapped, since eco-tourism activities are for profit and are not for forest conservation purposes. There can be no justification for such non-forestry activities to be excluded from FCA.

EXAMPLE OF HOW UNSUSTAINABLE TOURISM IS ENDANGERING THE JAWAI ECOSYSTEM IN RAJASTHAN

850 million years ago, volcanic activity created Jawai, one of the most breath-taking landscapes on Earth. Located in Pali district of Rajasthan, Jawai has remarkable biodiversity, boasting a wide variety of flora and fauna. Although, it is predominantly known for its leopards and mugger crocodiles, one can also find nilgai, pythons, sloth bears, Indian striped hyenas and more than 100 species of migratory birds including Indian peafowls, greater flamingos, bar-headed goose, Indian eagle-owl and others. Jawai Bandh is also home to the nomadic Rabari herdsman who have a deep-rooted understanding that they share their habitat with the leopards.

On 27th February 2013, to protect the leopards and landscape of the area, Rajasthan State Government declared 19.8 square kilometres of Pali district as Jawai Bandh Conservation Reserve and on 15th June 2018, another 61.98 square kilometres was declared as Jawai Bandh Conservation Reserve–II.

However, unsustainable tourism in the region is destroying this mesmerising ecosystem breaking the peaceful co-existence between the people and the 60+ leapords over the last 150 years.

Private safaris and hotels turning out to be a curse for leopards

Over the last few years, with close to a 90% chance of spotting a leopard, Jawai Bandh has become a hot tourism spot. Some safari operators go the extra mile to show leopards to the tourists by taking their gypsy close to the caves, by making goat sounds to call the leopards out, or even worse by using torches to show leopards in the night. Hoteliers and safari operators have also fenced hilly trails and closed paths and the mouth of several caves have been blocked by thorny bushes, stones and debris to shut the natural shelters of leopards so they can easily be spotted by the tourists.

Despite the Government of Rajasthan Forest Department’s notification dated 13th May 2016, which prohibits all commercial (including hotels) and industrial (including mining) activities in the one-kilometre zone from the boundary of the protected areas, more than 100 hotels have come up in the region over the last 10 years. In an attempt to get the location closest to the leopards, these hotels have built their permanent structure at a small distance from the caves. What makes it worse is that these properties have used barbed wire fencing to demarcate their areas. Barbed wire fencing near the caves is restricting the free movement of leopards in this region. There are some hills which have been completely blocked by wire fencing on one side with the fencing going as high as the cave. The fencing is covering the opposite hill as well making it extremely difficult for the leopards to roam freely. The leopards often get trapped or injured due to these barbed wires. As a result, they either restrict their movement to a specific cave or shift to new areas.

The sound of night construction, loud musical parties and lights from the many hotels /homestays /resorts close by adversely affect the leopards. Pola hill was previously occupied by the female leopard Jiya. However, with the growing number of hotels in the area, the leopard has reduced coming to this hill.

7) NEGATIVE IMPACT ON FOREST DWELLING COMMUNITIES

Forest dwellers, including tribal communities and other traditional forest-dependent communities, have long-standing rights and deep connections to forest lands spread over generations. The various exemptions proposed under the FCA Amendment Bill will disrupt the resource access of forest-dependent communities, limiting their ability to gather forest products or engage in customary practices that sustain their livelihoods. It can also lead to the loss of ecosystem services these communities rely on, such as water sources or non-timber forest products. Therefore, it is crucial to ensure that any development or conservation efforts consider forest dwellers’ rights, participation and consent, respecting their intimate connection with the forests.

 The very dense forests, with canopy cover of 70 percent or more, make up just 3 per cent of India’s land area. But the bulk of this (over 70 per cent) is found in districts classified as ‘tribal’, where the poorest people of India live. This remaining very high-quality forests must be protected at all costs for ecological security, biodiversity conservation and carbon sequestration. Communities who live near these forests must get true value-based ecosystem payments for their role in protection.

8) INADEQUATE PUBLIC CONSULTATION

The amendments of the FCA affects a large part of India’s population, especially the scheduled tribes and other forest dwellers. The citizens of India and Gram Sabhas in the scheduled areas should have been consulted from across the country before drafting any amendments to this important act.

The press communique issued on 3rd May 2023 giving the public 15 days to give views /suggestions is extremely inadequate. At least 60 days are required for any meaningful opportunity for the public to respond. The real defenders of the forest – the forest dwelling communities, have been completely excluded from the consultation process. The contents of the FCA Amendment Bill should have been made available in the language of forest dwelling communities at each Panchayat for a period of at least 60 days.

JPC must consider conducting an in-person hearing in different regions of India to cater to different states, in order to clarify the concerns raised by urban citizens and forest dwelling communities on forest cover loss due to the proposed FCA Amendment Bill 2023. The Aravalli Bachao Citizens Movement would like to be part of the deliberations to voice citizens’ concerns on forest land diversion and FCA Amendment Bill 2023.

CONCLUSION AND WAY FORWARD

The clauses of the Forest Conservation Amendment Bill 2023 do not reflect conserving the vast biodiversity and natural ecosystems that are currently enjoying the protection of Forest Conservation Act 1980. The exclusions are largely to support “ease of forest diversions’ and not for “conservation of forests”. The proposed amendments are directly targeted to destroy critical eco systems that are providing critical ecological services, and violate the doctrine of public trust.

It is essential that the FCA Amendment Bill 2023 in its current form be dropped. An alternative Bill should be proposed after consultation with conservationists, ecologists, wildlife experts, retired foresters, forest and environment groups and forest dwelling communities which truly meets the needs of forest conservation.

• The new Bill must address the fundamental problem of failure to recognise that the local communities are the actual custodians and defenders of the forests. FCA needs to be amended to grant the rights to protect and defend the forests to the local communities by ensuring that no forest is diverted or used for non-forest purposes without Gram Sabha approvals.      

• The new Bill must ensure that 28% of our forests that are not yet recorded are fully protected with immediate effect and that they are identified and recorded in government records at the earliest.

• The new Bill must include provisions for immediate afforestation and reforestation programs with natural forests (forestry species only) that meet the requirements of carbon sink, biodiversity, ecology and other services to successfully overcome the threats of climate change, biodiversity collapse and resource depletion.

• The new Bill must prohibit diversion or non-forest use of natural forests and clearing of naturally growing trees and saplings.

Best,

Co-Founder and Trustee,

Aravalli Bachao Citizens Movement

Dated: 18 May 2023