This is how Forest laws are being compromised in India

Posted by anhad on April 30, 2023

These are Certain constitutional provisions which give certain power and rights to the citizens to protect environment.

The 42nd amendment introduced Article 48A, part of the Directive Principles of State which read, “The State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country.” Article 51A (g), part of the Fundamental Duties read, “It shall be the duty of every citizen of India… to protect and improve the natural environment.[1]

Article 48A: This Article comes under the Directive principle of the State policy. This article implies that State shall endeavour to protect the environment. It also emphasizes on safeguarding the forests and wildlife of the country. Article 48A imposes a duty on State to protect the environment from pollution by adopting various measures.

https://indiankanoon.org/doc/871328/

Article 51A (g): The Article 51 A(g) states that it shall be the duty of each and every citizen of India to protect and improve the natural environment that includes lakes, rivers, forests, and wildlife. This Article also focuses on showing compassion for living creatures. This article is similar to Article 48A, but the only difference is that it concentrates on fundamental duty of citizens whereas Article 48A instructs the state to perform their duties and protect environment. Hence, it is our duty to not only protect the environment from pollution but also improve its quality.

The Forest (Conservation) Act, 1980 :

Restriction on the dereservation of forests or use of forest land for non-forest purpose.—Notwithstanding anything contained in any other law for the time being in force in a State, no State Government or other authority shall make, except with the prior approval of the Central Government, any order directing,—

(i) that any reserved forest (within the meaning of the expression “reserved forest” in any law for the time being in force in that State) or any portion thereof, shall cease to be reserved;

(ii) that any forest land or any portion thereof may be used for any non-forest purpose; 1[(iii) that any forest land or any portion thereof may be assigned by way of lease or otherwise to any private person or to any authority, corporation, agency or any other organisation not owned, managed or controlled by Government;

(iv) that any forest land or any portion thereof may be cleared of trees which have grown naturally in that land or portion, for the purpose of using it for reafforestation.] 2[Explanation.—For the purposes of this section ‘‘non-forest purpose” means the breaking up or clearing of any forest land or portion thereof for—

(a) the cultivation of tea, coffee, spices, rubber, palms, oil-bearing plants, horticulture crops or medicinal plants;

(b) any purpose other than reafforestation, but does not include any work relating or ancillary to conservation, development and management of forests and wild-life, namely, the establishment of check-posts, fire lines, wireless communications and construction of fencing, bridges and culverts, dams, waterholes, trench marks, boundary marks, pipelines or other like purposes.]

…………………………………………………….

As per law, reserved Forest Cover has to maintained in each state. WHY are these deforestation projects being given approval ? Re-forestation of trees takes more than 15-20 years. Till then, how will we get the air to breathe ?

Is their any possible explanation for that ?
And if an environmentalist organizes a peaceful protest, they are called as ANti-National !

Mass Deforestation :

Aravalli forest in Rajasthan, Haryana & Delhi

In 1985, environment lawyer M C Mehta filed a petition in the Supreme Court against the Union government, Haryana government, central and state pollution control boards and 65 stone crushing companies that were operating on the outskirts of Delhi. The Supreme Court slammed the Haryana government and asked it to relocate the industry.

https://www.downtoearth.org.in/news/mining/aravallis-broken-beyond-repair-63812

2. Aarey forest in Mumbai, Maharashtra
Bombay High Court has on October 4, 2019, dismissed petitions to declare Aarey Colony in Mumbai as forest and refused to stop felling of more than 2,500 trees for metro car shed project, according to media reports.
Aarey, situated in Goregaon, is famous among nature enthusiasts for being the green lungs of the city. It houses 2,702 trees, which the Brihanmumbai Municipal Corporation (BMC) proposed to cut for the Metro-3 car shed project.

https://www.downtoearth.org.in/news/india/bombay-high-court-dismisses-aarey-petitions-67090

3. Mattewara Forest in Ludhiana Punjab
Industrial area to be constructed

4. Buxhawa forest in Chattarpur, M.P
Aditya Birla (owner of Idea) for mining of diamonds

5. Talabira forest in Odisha

On March 28 this year, the Union Ministry of Environment, Forest and Climate Change (MoEF&CC) gave Stage II clearance to divert 1,038.187 hectares of forest land for an opencast coal mining project.
The project is being steered by the Neyveli Lignite Corporation (NLC) India Ltd in Jharsuguda and Sambalpur districts. According to the site inspection report of the Chief Conservator of Forest, Sambalpur, it involves the felling of 1,30,721 trees.

https://www.downtoearth.org.in/news/forests/40-000-trees-cut-near-odisha-s-talabira-village-to-make-way-for-coal-mine-68343

6. Western ghat forests in Sirsi Karnataka, Kerala, Tamil Nadu

The 163-kms stretch Hubli — Ankola railway project will cut through the Tiger Reserve and Elephant corridor felling nearly 40,000 trees; the doubling of Tinai Ghat — Castle Rock railway line will lead to removing more than 20,000 trees; the Sirsi — Kumta road widening project will replace another 20,000 trees; the widening of National Highway between Khanapur and Goa will remove another 35,000 trees.

https://www.deccanchronicle.com/lifestyle/pets-and-environment/241118/western-ghats-karnatakas-slippery-slope-to-disaster.html

References :

https://indiankanoon.org/

https://aishwaryasandeep.com/2021/09/17/article-48a-and-article-51a-g-of-constitution-of-india/