Biological Diversity (Amendment) Bill, 2021

The Biological Diversity (Amendment) Bill, 2021 was introduced in Lok Sabha by the Minister of Environment, Forest and Climate Change Mr. Bhupender Yadav on December 16, 2021.  The Bill amends the Biological Diversity Act, 2002.  The Act provides for the conservation of biological diversity, sustainable use of its components, and fair and equitable sharing of the benefits arising out of the use of biological resources.  

The Bill seeks to streamline research and patent applications, encourage cultivation of wild medicinal plants, and practice of indigenous medicine.  

According to PRS Legislative Research, the key amendments proposed by the Bill include:

• Access to biological resources and intellectual property rights (IPR): The Act provides for the National Biodiversity Authority (NBA) which regulates access to biological resources, and the sharing of research results on such resources.  Biological resources include plants, animals, micro-organisms or their genetic material, with use or value for humanity (excludes human genetic material).   Certain entities must seek approval from the NBA for obtaining biological resources, and before applying for IPR.  These entities are: (i) non-citizens, (ii) non-resident citizens, (iii) organisations not registered in India, and (iv) organisations registered in India, with any non-Indian shareholding or management.  The Bill amends the last category to any foreign-controlled company registered in India.  The Bill also provides that these four categories of applicants must obtain NBA’s approval before the grant of IPR (and not before applying for IPR).

• Commercial utilisation: Under the Act, State Biodiversity Boards (SBBs) are set up by state governments to advise them on conservation of biodiversity. Indian citizens and organisations registered in India must give prior intimation to the concerned SBB before obtaining any biological resource for commercial utilisation.  They must also get NBA’s approval before applying for IPR.  The Bill amends this to provide that anyone who does not need approval from NBA to access biological resources must give prior intimation to the concerned SBB.  Further, they must: (i) register with the NBA before the grant of IPR, and (ii) get prior approval of the NBA before commercialising the granted IPR.   
• Exemptions:   Under the Act, certain communities are exempted from intimating the SBB before obtaining any biological resource for commercial utilisation.  These are: (i) local people and communities of the area, and (ii) practitioners of indigenous medicine (vaids and hakims).  The Bill extends the exemption to registered AYUSH (Ayurveda, Yoga and Naturopathy, Unani, Siddha and Homeopathy) practitioners, and cultivated medicinal plants and their products.
• Composition of National Biodiversity Authority: The Act provides for a 16-member National Biodiversity Authority.  These include: (i) ten ex-officio members appointed by the central government, dealing with certain Ministries (on matters such as biotechnology, agriculture, environment and forests, Indian system of medicine, earth sciences), and (ii) five non-official members who are subject matter experts and representatives of industry and conservers.  The Bill provides for 11 additional members in the Authority. These include: (i) six ex-officio members dealing with wildlife, forestry research, and Panchayati Raj, (ii) four representatives from State Biodiversity Boards (on a rotational basis), and (iii) a Member-Secretary (must have experience in biodiversity conservation).  The Member-Secretary will be the chief coordinating officer of the NBA.   
• Threatened species: The Act empowers the central government to notify any species which is near-extinction as a threatened species, in consultation with the concerned state government.  The Bill allows the central government to delegate this power to the state government.   However, before notifying any threatened species, the state government must consult the NBA. 
• Biodiversity Management Committee (BMC): The Act mandates local bodies to constitute a BMC for promoting conservation of habitats, and documenting the conservation of specific plant varieties, animal breeds, and microorganisms.  The Bill specifies that the state government will prescribe the composition of these BMCs, and they must have between seven to eleven members.  Further, state governments may also constitute BMCs at the intermediate or district Panchayat level.    
• Offences:   The offences under the Act are cognizable and non-bailable.  A cognizable offence is one for which a police officer may arrest an accused person without a warrant.  The Bill deletes this provision.

Environment-related sections of the Budget Speech of Finance Minister

The following are the environment-related sections of the Budget Speech made by the Indian Finance Minister Nirmala Seetharaman on February 1, 2022:

Natural farming

Chemical-free Natural Farming will be promoted throughout the country, with a focus on farmers’ lands in 5-km wide corridors along river

Ganga, at the first stage.

Ken Betwa project and Other River Linking Projects

Implementation of the Ken-Betwa Link Project, at an estimated cost

of ₹44,605 crore will be taken up. This is aimed at providing irrigation

benefits to 9.08 lakh hectare of farmers’ lands, drinking water supply for 62 lakh people, 103 MW of Hydro, and 27 MW of solar power. Allocations of ₹4,300 crore in RE 2021-22 and ₹1,400 crore in 2022-23 have been made for this project.

Draft DPRs of five river links, namely Damanganga-Pinjal, Par-Tapi-Narmada, Godavari-Krishna, Krishna-Pennar and Pennar-Cauvery have been finalized. Once a consensus is reached among the beneficiary states, the Centre will provide support for implementation

Har Ghar, Nal Se Jal

Current coverage of Har Ghar, Nal Se Jal is 8.7 crores. Of this 5.5 crore households were provided tap water in last 2 years itself. Allocation of ₹60,000 crore has been made with an aim to cover 3.8 crore households in 2022-23.

Green Clearances

A single window portal, PARIVESH, for all green clearances was launched in 2018. It has been instrumental in reducing the time required for approvals significantly. The scope of this portal will now be expanded, to provide information to the applicants. Based on location of units, information about specific approvals will be provided. It will enable application for all four approvals through a single form, and tracking of the process through Centralized Processing Centre-Green (CPC-Green).

Clean & Sustainable Mobility

We will promote a shift to use of public transport in urban areas. This will be complemented by clean tech and governance solutions, special mobility zones with zero fossil-fuel policy, and EV vehicles.

Battery Swapping Policy

Considering the constraint of space in urban areas for setting up charging stations at scale, a battery swapping policy will be brought out and inter-operability standards will be formulated. The private sector will be encouraged to develop sustainable and innovative business models for ‘Battery or Energy as a Service’. This will improve efficiency in the EV ecosystem.

Energy Transition and Climate Action

The risks of climate change are the strongest negative externalities that affect India and other countries. As Hon’ble Prime Minister said at the COP26 summit in Glasgow last November, “what is needed today is mindful and deliberate utilisation, instead of mindless and destructive consumption.” The low carbon development strategy as enunciated in the ‘panchamrit’ that he announced is an important reflection of our government’s strong commitment towards sustainable development.

This strategy opens up huge employment opportunities and will take the country on a sustainable development path. This budget proposes several near-term and long-term actions accordingly.

Solar Power

To facilitate domestic manufacturing for the ambitious goal of 280 GW of installed solar capacity by 2030, an additional allocation of ₹ 19,500 crore for Production Linked Incentive for manufacture of high efficiency modules, with priority to fully integrated manufacturing units from polysilicon to solar PV modules, will be made.

Circular Economy

The Circular Economy transition is expected to help in productivity

enhancement as well as creating large opportunities for new businesses and jobs. The action plans for ten sectors such as electronic waste, end-of-life vehicles, used oil waste, and toxic & hazardous industrial waste are ready.

The focus now will be on addressing important cross cutting issues of

infrastructure, reverse logistics, technology upgradation and integration with informal sector. This will be supported by active public policies covering regulations, extended producers’ responsibilities framework and innovation facilitation.

Transition to Carbon Neutral Economy

Five to seven per cent biomass pellets will be co-fired in thermal power plants resulting in CO2 savings of 38 MMT annually. This will also provide extra income to farmers and job opportunities to locals and help avoid stubble burning in agriculture fields.

Saving energy is an important aspect of energy management. Hence, energy efficiency and savings measures will be promoted. This will be done in large commercial buildings through the Energy Service Company (ESCO) business model. It will facilitate capacity building and awareness for energy audits, performance contracts, and common measurement & verification protocol.

Four pilot projects for coal gasification and conversion of coal into chemicals required for the industry will be set-up to evolve technical and financial viability.

The policies and required legislative changes to promote agro forestry and private forestry will be brought in. In addition, financial support will be provided to farmers belonging to Scheduled Castes and Scheduled Tribes, who want to take up agro-forestry.

Green Bonds

As a part of the government’s overall market borrowings in 2022-23,

sovereign Green Bonds will be issued for mobilizing resources for green

infrastructure. The proceeds will be deployed in public sector projects which help in reducing the carbon intensity of the economy. 

UPSC IAS Mains 2021: Questions on Environment and Ecology

1. What are the environmental implications of the reclamation of water bodies into urban land use? Explain with examples (GS I, 150 words, 10 Marks) 

2. How do the melting of Arctic ice and glaciers of the Antarctic differently affect the weather patterns and human activities on earth? Explain. (GS I, 250 words, 10 Marks)

3. How and to what extent would micro-irrigation help in solving India’s water crisis? (GS III, 150 words, 10 Marks)

4. Explain the purpose of the Green Grid Initiative launched at World Leaders Summit of the COP26 UN Climate Change Conference in Glasgow in November, 2021. When was this idea first floated in the International Solar Alliance (ISA)? (GS III, 150 words, 10 Marks)

5. Describe the key points of the revised Global Air Quality Guidelines (AQGs) recently released by the World Health Organisation (WHO). How are these different from its last update in 2005? What changes in India’s National Clean Air Programme are required to achieve these revised standards? (GS III, 150 words, 10 Marks)

6. Describe the major outcomes of the 26^th session of the Conference of the Parties (COP) to the United Nations Framework Convention on Climate Change (UNFCCC). What are the commitments made by India in this conference? (GS III, 250 words, 10 Marks)

7. Describe the various causes and the effects of landslides. Mention the important components of the National Landslide Risk Management Strategy. (GS III, 250 words, 10 Marks)

Model answers to these questions can be found in Rajagopalan, Environment and Ecology: A Complete Guide for Civil Services Preliminary and Main Examinations, Fully Updated Third Edition, Gurugram: OakBridge Publishing, 2022.

The book will be released in early February 2022.

UPSC IAS Prelims 2021: Questions on Environment and Ecology

 1. With reference to ‘Water Credit’, consider the following statements:

1. It puts microfinance tools to work in the water and sanitation sector.
2. It is a global initiative launched under the aegis of the World Health Organization and the World Bank.
3. It aims to enable the poor people to meet their water needs without depending on subsidies.

Which of the statements given above are correct?

a) 1 and 2 only
b) 2 and 3 only
c) 1 and 3 only
d) 1, 2 and 3

2. ‘’R2 Code of Practices’’ constitute a tool available for promoting the adoption of

a) Environmentally responsible practices in the electronics recycling industry
b) Ecological management of ‘’Wetlands of International Importance” under the Ramsar Convention
c) Sustainable practices in the cultivation of agricultural crops in degraded lands
d) ‘’Environmental Impact Assessment’’ in the exploitation of natural resources

3. Why is there a concern about copper smelting plants?

1. They may release lethal quantities of carbon monoxide into the environment
2. The copper slag can cause the leaching pf some heavy metals into the environment
3. They may release sulphur dioxide as a pollutant

Select the correct answer using the code given below

a) 1 and 2 only
b) 2 and 3 only
c) 1 and 3 only
d) 1, 2 and 3

4. With reference to furnace oil, consider the following statements:

1. It is a product of oil refineries
2. Some industries use it to generate power
3. Its use causes sulphur emissions into the environment

Which of the statements given above are correct?

a) 1 and 2 only
b) 2 and 3 only
c) 1 and 3 only
d) 1, 2 and 3

5. What is blue carbon?

a) Carbon captured by oceans and coastal ecosystems
b) Carbon sequestered in forest biomass and agricultural soils
c) Carbon contained in petroleum and natural gas
d) Carbon present in the atmosphere

6. Consider the following kinds of organisms:

1. Copepods
2. Cyanobacteria
3. Diatoms
4. Foraminifera

Which of the above are primary producers in the food chains of oceans?

a) 1 and 2
b) 2 and 3
c) 3 and 4
d) 1 and 4

7. With reference to the ‘’New York Declaration on Forests’’, which of the following statements are correct?

1. It was first endorsed at the United Nations Climate Summit in 2014
2. It endorses a global timeline to end the loss of forests
3. It is a legally binding international declaration
4. It is endorsed by governments, big companies and indigenous communities.
5. India was one of the signatories at its inception

Select the correct answer using the code given below

a) 1, 2 and 4
b) 1, 3 and 5
c) 3 and 4
d) 2 and 5

8. Magnetite particles, suspected to cause neurodegenerative problems are generated as environmental pollutants from which of the following?

1. Brakes of motor vehicles
2. Engines of motor vehicles
3. Microwave stoves within homes
4. Power plants
5. Telephone lines

Select the correct answer using the code given below

a) 1, 2, 3 and 5only
b) 1, 2 and 4 only
c) 3, 4 and 5 only
d) 1, 2, 3, 4 and 5

9. In the case of which of the following biogeochemical cycles, the weathering of rocks is the main source of release of nutrients to enter the cycle?

a) Carbon cycle
b) Nitrogen cycle
c) Phosphorus cycle
d) Sulphur cycle

10. Which of the following are detrivores?

1. Earthworms
2. Jellyfish
3. Seahorse
4. Woodlice

Select the correct answer using the code given below

a) 1, 2 and 4 only
b) 2, 3, 4 and 4 only
c) 1, 3 and 5 only
d) 1, 2, 3, 4 and 5

11. The ‘’Common Carbon Metric’’ supported by UNEP, has been developed for

a) Assessing the carbon footprint of building operations around the world
b) Enabling commercial farming entities around the world to enter carbon emission trading
c) Enabling governments to assess the overall carbon footprint caused by their countries
d) Assessing the overall carbon foot-print caused by the use of fossil fuels by the world in a unit time

12. Which of the following have species that can establish a symbiotic relationship with other organisms?

1. Cnidarians
2. Fungi
3. Protozoa

Select the correct answer using the code given below:

a) 1 and 2 only
b) 2 and 3 only
c) 1 and 3 only
d) 1, 2 and 3

13. Consider the following statements:

Statement 1:
The United Nations Capital Development Fund (UNCDF) and the Arbor Day Foundation have recently recognized Hyderabad as 2020 Tree City of the World
Statement 2:
Hyderabad was selected for the recognition for a year following its commitment to grow and maintain the Urban forests.

Which one of the following is correct in respect of the above statements?

(a) Both Statement 1 and Statement 2 are correct and Statement 2 is the correct explanation for Statement 1
(b) Both Statement 1 and Statement 2 are correct but Statement 2 is not the correct explanation for Statement 1.
(C) Statement 1 is correct but Statement 2 is not correct.
(d) Statement 1 is not correct but Statement 2 is correct.

14. Consider the following statements:

1. ‘Right to the City’ is an agreed human right and the UN-Habitat monitors the commitments made by each country in this regard.
2. ‘Right to the City’ gives every occupant of the city the right to reclaim public spaces and public participation in the city.
3. ‘Right to the City’ means that the State cannot deny any public service or facility to the unauthorised colonies in the city.

Which of the statements given above is/are correct?

(a) 1 only
(b) 3 only
(c) 1 and 2
(d) 2 and 3

15. The vegetation of savannah consists of grassland with scattered small trees. The forest development in such areas is generally kept in check by one or more or a combination of some conditions.
Which of the following are such conditions?

1. Burrowing animals and termites.
2. Fire
3. Grazing herbivores
4. Seasonal rainfall
5. Soil properties

Select the correct answer using the code given below.

(a) 1 and 2
(b) 4 and 5
(c) 2, 3 and 4
(d) 1, 3 and 5

16. With reference to the water on the planet Earth, consider the following statements:

1. The amount of water in the rivers and lakes is more than the amount of groundwater.
2. The amount of water in polar ice caps and glaciers is more than the amount of groundwater.

Which of the statements given above is/are correct?

(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

17. How is permaculture farming different from conventional chemical farming?

1. Permaculture farming discourages monocultural practices but in conventional chemical farming, monoculture practices are predominant.
2. Conventional chemical farming can cause increase in soil salinity but the occurrence of such phenomenon is not observed in permaculture farming.
3. Conventional chemical farming is easily possible in such regions.
4. Practice of mulching is very important in permaculture farming but not necessarily so in conventional chemical farming.

Select the correct answer using the code given below.

(a) 1 and 3
(b) 1, 2 and 4
(c) 4 only
(d) 2 and 3

18. With references to India, Didwana, Kuchaman, Sargol and khatu are the names of

(a) Glaciers
(b) Mangrove areas
(c) Ramsar sites
(d) Saline lakes

19. Consider the following statements:

1. The Global Ocean Commission grants licenses for seabed exploration and mining in international waters.
2. India has received licenses for seabed mineral exploration in international waters.
3. ‘Rare earth minerals’ are present on the seafloor in international waters.

Which of the statements given above are correct?

(a) 1 and 2 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3

20. In the context of India’s preparation for Climate-smart Agriculture, consider the following statements:

1. The ‘Climate-Smart village’ approach in India is a part of a project led by climate change, Agriculture and food security (CCAFS), an international research programme.
2. The project of CCAFS is carried out under Consultative Group on International Agricultural Research (CGIAR) headquartered in France.
3. The International Crops Research Institute for the Semi-Arid Tropics (ICRISAT) in India is one of the CGIAR’S research centers.

Which of the statements given above are correct?

(a) 1 and 2 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1,2 and 3

21. “Leaf litter decomposes faster than in any other biome and as a result the soil surface is often almost bare. Apart from trees, the vegetation is largely composed of plant forms that reach up into the canopy vicariously, by climbing the trees or growing as epiphytes, rooted on the upper branches of trees.” This is the most likely descriptions of

(a) Coniferous forest
(b) Dry deciduous forest
(c) Mangrove forest
(d) Tropical rain forest

22. With reference to street-lighting, how do sodium lamps differ from LED lamps?

1. Sodium lamps produce light in 360 degrees but it is not so in the case of LED lamps.
2. As street-lights, sodium lamps have longer life span than LED lamps.
3.The spectrum of visible light from sodium lamps is almost monochromatic while LED lamps offer significant colour advantages in street-lighting.

Select the correct answer using the code given below.

(a) 3 only
(b) 2 only
(c) 1 and 3 only
(d) 1, 2 and 3

23. Bisphenol A (BPA), a cause of concern, is a structural/key component in the manufacture of which of the following kinds of plastics?

(a) Low-density polyethylene
(b) Polycarbonate
(c) Polyethylene terephthalate
(d) Polyvinyl Chloride.

Answers 

1	2	3	4	5	6	7	8	9	10
C	A	D	D	A	B	A	D	C	C
11	12	13	14	15	16	17	18	19	20
A	D	D	C	C	B	B	D	B	D
21	22	23
D	A	B

India State of Forest Report 2021 Released

On 13^th January 2022, the Minister for Environment, Forest and Climate Change, Shri Bhupender Yadav released the ‘India State of Forest Report 2021’ prepared by the Forest Survey of India (FSI)

The ISFR-2021 provides information on forest cover, tree cover, mangrove cover, growing stock, carbon stock in India’s forests, forest fire monitoring, forest cover in tiger reserve areas, above ground estimates of biomass using SAR data & climate change hotspots in Indian forests.

Salient Findings of the Report:

• The total forest and tree cover of the country is 80.9 million ha which is 24.62% of the geographical area of the country. As compared to the assessment of 2019, there is an increase of 2,261 sq km in the total forest and tree cover of the country. Out of this, the increase in the forest cover has been observed as 1,540 sq km and that in tree cover is 721 sq km.
• Increase in forest cover has been observed in open forest followed by very dense forest. Top three states showing increase in forest cover are Andhra Pradesh (647 sq km) followed by Telangana (632 sq km) and Odisha (537 sq km).
• Area-wise Madhya Pradesh has the largest forest cover in the country followed by Arunachal Pradesh, Chhattisgarh, Odisha and Maharashtra. In terms of forest cover as percentage of total geographical area, the top five States are Mizoram (84.53%), Arunachal Pradesh (79.33%), Meghalaya (76.00%), Manipur (74.34%) and Nagaland (73.90%).
• 17 states/UT’s have above 33% of the geographical area under forest cover. Out of these states and UT’s, five states/UTs namely Lakshadweep, Mizoram, Andaman & Nicobar Islands, Arunachal Pradesh and Meghalaya have more than 75% forest cover while 12 states/UTs namely Manipur, Nagaland, Tripura, Goa, Kerala, Sikkim, Uttarakhand, Chhattisgarh, Dadra & Nagar Haveli and Daman & Diu, Assam, Odisha, have forest cover between 33% to 75%.
• Total mangrove cover in the country is 4,992 sq km. An increase of 17 sq Km in mangrove cover has been observed as compared to the previous assessment of 2019. Top three states showing mangrove cover increase are Odisha (8 sq km) followed by Maharashtra (4 sq km) and Karnataka (3 sq km).
• Total carbon stock in country’s forest is estimated to be 7,204 million tonnes and there an increase of 79.4 million tonnes in the carbon stock of country as compared to the last assessment of 2019. The annual increase in the carbon stock is 39.7 million tonnes.

Other significant features of 2021 IFSR

• In the 2021 ISFR, FSI has included a new chapter related to the assessment of forest cover in the Tiger Reserves, Corridors and Lion conservation area of India. In this context, the decadal assessment of change in forest cover within Tiger Reserves, Corridors and Lion conservation area helps in assessing the impact of conservation measures and management interventions that have been implemented over the years. 

Of 52 tiger reserves, 20 have recorded an increase in forest cover since 2011. While the tiger reserves have decreased by 22.6 sq km (0.04 per cent), the tiger corridors have noted an increase by 37.15 sq km. The Kawal, Bhadra and the Sundarbans reserves have shown the maximum loss. 

• A new initiative of FSI has also been documented in the form of a chapter, where the ‘Above Ground Biomass’ (AGB) has been estimated. FSI, in collaboration with Space Application Centre (SAC), ISRO, Ahmedabad, initiated a special study for estimation of Above Ground Biomass (AGB) at pan-India level, using L- band of Synthetic Aperture Radar (SAR) data. The results for the States of Assam and Odisha (as well as AGB maps), were presented earlier in ISFR 2019.   The interim results for AGB estimates (and AGB maps) for the entire country are being presented as a new chapter in ISFR 2021. 
• FSI in collaboration with Birla Institute of Technology & Science (BITS) Pilani, Goa Campus has performed a study ‘Mapping of Climate Change Hotspots in Indian Forests’. The collaborative study was carried out with the objective to map the climatic hotspots over the forest cover in India, using computer model-based projection of temperature and rainfall data, for the three future time periods i.e. year 2030, 2050 and 2085.

The IFSR estimates that by 2030, the Indian forests will be adversely affected by climate change and rise in temperature and forests in states except for Assam, Meghalaya, Tripura and Nagaland will be climate hot spots. Ladakh will also be negatively affected. 

• The report also contains information on various parameters State/UT wise. Special thematic information on forest cover such as hill, tribal districts, and north eastern region has also been given separately in the report.

COP 26 Outcomes

The UNFCCC COP 26 Climate Conference was held in Glasgow, UK, in November 2021. Many world leaders including President Joe Biden and Prime Minister Narendra Modi spoke at the Conference.

According to UNFCCC, the main outcomes of the Conference were:

Mitigation: 

• Over 90% of world GDP is now covered by net zero commitments.
• 153 countries put forward new 2030 emissions targets (NDCs). 
• Countries agreed to come back next year with new strengthened commitments and a new UN climate programme on mitigation ambition
• Countries finalised the Paris Rulebook, agreeing the ‘enhanced transparency framework’ (common reporting of emissions and support), a new mechanism and standards for international carbon markets, and common timeframes for emissions reductions targets.
• There were commitments to move away from coal power, halt and reverse deforestation, reduce methane emissions and speed up the switch to electric vehicles.

Adaptation & Loss and Damage: 

• 80 countries are now covered by either Adaptation Communications or National Adaptation Plans to increase preparedness to climate risks.
• The Glasgow - Sharm el-Sheikh Work Programme on the Global Goal on Adaptation was agreed. 
• Record amounts of adaptation finance have been pledged, including committing to doubling 2019 levels of adaptation finance by 2025. This is the first time an adaptation specific financing goal has ever been agreed globally. 
• Nations have announced new partnerships to improve access to finance, including for Indigenous Peoples. 
• A new Glasgow Dialogue on Loss and Damage funding arrangements was created. 
• The Santiago Network on Loss and Damage was brought to life through clear functions and funding.

Finance: 

• Developed countries have made progress towards delivering the $100
• billion climate finance goal and will reach it by 2023 at the latest. 
• 34 countries and five public finance institutions will stop international
• support for the unabated fossil fuel energy sector next year. 
• Private financial institutions and central banks are moving to realign trillions towards global net zero. 
• Developed countries committed significantly increased funding to vital funds such as the Least Developed Countries Fund.

Collaboration: 

• The Glasgow outcomes will accelerate collaboration between governments, businesses, and civil society to deliver on climate goals faster, whilst collaborative councils and dialogues in energy, electric vehicles, shipping and commodities will help deliver on commitments.

Amendments proposed to the Forest Conservation Act

 What are the amendments proposed to the Forest Conservation Act and their implications?

On October 2, 2021, MoEFCC released a proposal to amend several aspects of the Forest Conservation Act, 1980 (FCA). 

In the Godavarman v Union of India case, the Supreme Court had in 1996 expanded the definition and scope of forest land to include all areas recorded as forest in any government record, irrespective of ownership, recognition and classification. Previously, the Act had applied largely to reserve forests and national parks. The court also expanded the definition of forests to encompass the “dictionary meaning of forests”, meaning that a forested patch would automatically become a “deemed forest” even if it is not notified as protected. The order was also to plantations in non-forest land.

The proposed amendments seem to change the Court’s definition of forest. The general thrust of the changes is to deregulate forest resources so that they can be exploited even more than now for the sake of ‘development’. The proposed key amendments are:

• All land acquired by the Railways and Roads Ministries prior to 1980 will be exempted from the Act. These Ministries will no longer need clearance for their projects, nor pay compensatory levies to build there.
• For individuals whose lands fall in the category of forest as defined by the Act and the Court Order, the amendment will allow “construction of structures for bona fide purposes’’ including residential units up to 250 sq m as a one-time relaxation.
• Defence projects near international borders will be exempted from forest clearance.
• Oil and natural gas extraction from forested lands will be permitted, but only if technologies such as Extended Reach Drilling are used.
• Levies for non-forestry purposes during the renewal of a lease will be scrapped, the argument being that the double levy at the time of awarding of the lease and the renewal is “not rational”.
• Strip plantations alongside roads that would fall under the Act will be exempted.

Environmentalists and activists have these concerns:

• The creation of exceptions to the requirement of forest clearances goes directly against the legal requirement that forest rights be recognized and the consent of the gram sabha be obtained before the conversion of a forest.
• The relaxation of forest rules will facilitate corporate ownership and the disappearance of large tracts of forests.
• With the exemption of forests on private land, many forests will disappear. For instance, 4% land in Uttarakhand falls under private forests.