Ok, people, be ready for another🧵on the Horror Story that is the#ForestConservationAmendmentAct2023 and its rules & guidelines-links on earlier analysis at the end of🧵
Long, complex reading, BUT if you care about #India’s #forests #wildlife #tiger, and actually a future with #cleanair to breathe, #rivers that run, a stable #climate basically a functional #planet read on and SPEAK UP.
This one is on Part II of the guidelines the Van (Samrakshan Evam Samvardhan) Rules 2023:drive.google.com
These ‘guidelines are meant for some of the many exemptions from #forest #environment scrutiny under the #FCAA. 1/n
Long, complex reading, BUT if you care about #India’s #forests #wildlife #tiger, and actually a future with #cleanair to breathe, #rivers that run, a stable #climate basically a functional #planet read on and SPEAK UP.
This one is on Part II of the guidelines the Van (Samrakshan Evam Samvardhan) Rules 2023:drive.google.com
These ‘guidelines are meant for some of the many exemptions from #forest #environment scrutiny under the #FCAA. 1/n
Exemption 1:
A big one: Only two categories are given legal protection under #FCAA:
A.) Notified forests & those in govt. record as forest as on, or after, 25.10.1980. This undermines, practically nullifies, the hon’ble #SupremeCourt’s #Godavarman order. So under the #FCAA huge tracts #Aravalis are no longer #forest, or another eg. unrecorded montane #rainforests #Kerala or #TN.
B.) If a private person possesses say 500 acres of #forests, they can be diverted, cleared without any legal scrutiny.
There is Nothing about how these lands will be identified, protocol for their identification. As I have said before, and will again: This #forest lands should have been identified by the 'State Expert Committee' reports way back in 1997 post #Godavarman SC order but are missing in action; despite a rap on the knuckles by the SC in 2011 #Lafargecase order.
Forget the citizens of #India, how does the officer on the ground KNOW which #forests have legal protection? 2/n
A big one: Only two categories are given legal protection under #FCAA:
A.) Notified forests & those in govt. record as forest as on, or after, 25.10.1980. This undermines, practically nullifies, the hon’ble #SupremeCourt’s #Godavarman order. So under the #FCAA huge tracts #Aravalis are no longer #forest, or another eg. unrecorded montane #rainforests #Kerala or #TN.
B.) If a private person possesses say 500 acres of #forests, they can be diverted, cleared without any legal scrutiny.
There is Nothing about how these lands will be identified, protocol for their identification. As I have said before, and will again: This #forest lands should have been identified by the 'State Expert Committee' reports way back in 1997 post #Godavarman SC order but are missing in action; despite a rap on the knuckles by the SC in 2011 #Lafargecase order.
Forget the citizens of #India, how does the officer on the ground KNOW which #forests have legal protection? 2/n
Exemption 2:
This one is cancerous (not that other clauses are benign):
Up to 10ha used for security related infrastructure. Makes EVERY & ANY patch of #forest in #India vulnerable, up for grabs, as there is zero clarity where this clause applies.
So can be used anywhere in the country under the guise(sorry) of strategic reasons. 3/n
This one is cancerous (not that other clauses are benign):
Up to 10ha used for security related infrastructure. Makes EVERY & ANY patch of #forest in #India vulnerable, up for grabs, as there is zero clarity where this clause applies.
So can be used anywhere in the country under the guise(sorry) of strategic reasons. 3/n
The purported purpose of this was that there should be no rejections or delays in projects related to #India’s security. Noble. We get it. BUT look deeper. Over 98% projects security and otherwise are cleared. Besides, there were tight time frames for such clearances for example <22 days for <5 ha at the regional level.
The same funda applies for the long list(12) activities i.e including #power substation, minor irrigational canals allowed without any real scrutiny in #LWEareas by an authorised DFO/nodal officer.
4/n
The same funda applies for the long list(12) activities i.e including #power substation, minor irrigational canals allowed without any real scrutiny in #LWEareas by an authorised DFO/nodal officer.
4/n
Also: Not undermining national security, no way, but see 👇3 instances of damaging projects cleared, or on the anvil, for ‘strategic’ reasons (mostly when they otherwise don’t pass muster.)
The #CharDham road was bulldozed after subverting many #environmental norms, citing strategic purpose. BUT is it doing that, read :
The Wire: surl.li
Plans to build a national #highway-yes-through the #Corbett #NationalPark under the pretext of security.
Mongabay: surl.li
TOI: surl.li
A road was passed through the only nesting site of flamingos in #India in #Gujarat, again citing security-media reports say it was #tourism.
conservationindia.org 5/n
The #CharDham road was bulldozed after subverting many #environmental norms, citing strategic purpose. BUT is it doing that, read :
The Wire: surl.li
Plans to build a national #highway-yes-through the #Corbett #NationalPark under the pretext of security.
Mongabay: surl.li
TOI: surl.li
A road was passed through the only nesting site of flamingos in #India in #Gujarat, again citing security-media reports say it was #tourism.
conservationindia.org 5/n
Hear this shocker: Most of the enabling #forest diversion clauses that in #FCAA2023 or the #Adhiniyam2023 were already operational BEFORE the amendment!
Strangely, or maybe predictably, the @MoEFCC did not reveal that it had already put in place a shit load of guidelines that are akin to the various clauses of the #Adhiniyam2023, even before the bill was placed before the JCP. So it appears that the #Adhiniyam was possibly being introduced to legalise all the illegal guidelines issued, that went beyond the legal mandate of the #ForestConservationAct1980. 6/n
Strangely, or maybe predictably, the @MoEFCC did not reveal that it had already put in place a shit load of guidelines that are akin to the various clauses of the #Adhiniyam2023, even before the bill was placed before the JCP. So it appears that the #Adhiniyam was possibly being introduced to legalise all the illegal guidelines issued, that went beyond the legal mandate of the #ForestConservationAct1980. 6/n
Exemption 4: #Forestland (0.1ha ) situated alongside a rail line or a public road which provides access to amenity or habitation. Though WHAT is an amenity—toilet? Shop? Mall? Stadium? Who knows? Who cares? Habitation has not been defined either. 7/n
The FCAA & its ‘guidelines’ are designed for the user agencies: Violation of any condition will dealt with a ‘penal provisions’. What provisions, no clue. And no mention of the approval being withdrawn, work stopped even in the case of violations. Of course not. #Forest divert karne wallo ko koi takleef nahi honi chahiye.
8/n
8/n
Again, like the #FCAA, the rules disregard other laws passed in #Parliament for example, they ignore compliance of Section 13 of #FRA which stipulates compliance of #ForestRightAct and #PESA (Panchayats [Extension to Scheduled Areas]Act).
There is no clarity as to the procedure by which the #FRA and #PESA requirements will be ensured. There is simply no mention of #PESA in the law/guidelines. 9/n
There is no clarity as to the procedure by which the #FRA and #PESA requirements will be ensured. There is simply no mention of #PESA in the law/guidelines. 9/n
Under the original #Forest #Conservation Act there were checks & balances, safeguards with diversions over 5 ha going upto the centre for approval. Now, these exemptions maybe dealt with, diverted by the DFO or nodal officer 10/n
Read analysis of these guidelines by #PrakritiSrivastava here:drive.google.com
🌟 Some important links:
Rules: file:///Users/apple/Downloads/Annexure-2%20Van%20(Sanrakshan%20Evam%20Samvardhan)%20Rules,%202023%20-%2029Nov2023.pdf
Critique/analysis of #ForestConservationAmendmentAct2023
surl.li
Tweet on analysis of #FCA2023 Thread on analysis of #FCAA Rules/Guidelines Part I:
surl.li
For context on SECs, read:
surl.li
Petition to the Hon'ble #SupremeCourt to stay the #FCAA
surl.li
🌟 Some important links:
Rules: file:///Users/apple/Downloads/Annexure-2%20Van%20(Sanrakshan%20Evam%20Samvardhan)%20Rules,%202023%20-%2029Nov2023.pdf
Critique/analysis of #ForestConservationAmendmentAct2023
surl.li
Tweet on analysis of #FCA2023 Thread on analysis of #FCAA Rules/Guidelines Part I:
surl.li
For context on SECs, read:
surl.li
Petition to the Hon'ble #SupremeCourt to stay the #FCAA
surl.li
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