01 Mar 2024  |   06:35am IST

Supreme Court admits pleas challenging amendments to Forest Conservation Act

Four organisations, including the Goa Foundation, challenged the FCA amendments; they have questioned the amendments as these ‘violate the Fundamental Right to Life’

Team Herald

PANJIM: The Supreme Court has admitted a plea filed by the Goa Foundation challenging the 2023 amendments to the Forest Conservation Act (FCA).

Four organisations including the Goa Foundation, represented by Adv Prashant Bhushan, had challenged the FCA amendments.

The Apex Court has now fixed the matter for hearing and final disposal in view of its importance in July 2024.

The petitioners are challenging the recently enacted (2023) amendments to the Forest Conservation Act 1980 (FCA) as these violate the Fundamental Right to Life guaranteed to citizens under Article 21 of the Constitution. By restricting the applicability of the FCA solely to certain categories provided for in the amendments, the natural forests and vegetation not falling within those categories become freely available to be diverted for non-forest purposes, was the contention of petitioners.

According to the appellants, the 2023 amendments are antithetical to conservation of natural forests across the country, and thereby defeat the nation’s attempts to comply with international obligations on climate change, and despite the fact that India’s commitments in this area are already seen as wholly inadequate. Besides, climate change is likely to have multi-faceted adverse effects on the ecosystem as a whole, the most likely impacts being decreased productivity, changes in species composition, reduced forest area, unfavourable conditions for biodiversity, higher flood risks and the like.

The appellants have called upon the Court to recognise the impact of climate change on fundamental rights and the need for the government to develop adaptation measures to protect those rights. Adaptation in the forestry sector entails the need to restore and enhance India’s forests under sustainable forest management, with particular focus on how these are affected by climate change. This will not only benefit State forests but forest dependent communities and society as a whole in view of acknowledged environmental services provided by such forests.

The petitioners have further submitted that the amendments are contrary to the purpose of the FCA 1980 enactment which is “An Act to provide for the conservation of forests and for matters connected therewith or ancillary or incidental thereto.”