Van (Sanrakshan Evam Samvardhan) Adhiniyam: Impact on Economy, Environment & Forest Rights

The amendment to the Van (Sanrakshan Evam Samvardhan) Adhiniyam allows private commercial plantations on forest land, exempt from NPV and CA, to support Make in India and the paper industry. However, it risks weakening forest protection, promoting monocultures, and clashing with Forest Rights Act safeguards.

Description

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Picture Courtesy:  DOWNTOEARTH

Context

The Union Ministry of Environment, Forests and Climate Change (MoEF&CC) notified an amendment to the Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980 — earlier known as the Forest Conservation Act, 1980 — granting direct access to forest land.

Read all about: FOREST RIGHTS ACT (FRA) EXPLAINED l FOREST CONSERVATION RULES 2022 l COMMUNITY FOREST RIGHTS (CFR): CHALLENGES AND WAY FORWARD

What are the Key Changes introduced in the Forest Rules?

Exemption from Levies

Private companies setting up commercial plantations are now exempted from paying the Net Present Value (NPV) and charges for Compensatory Afforestation (CA). NPV is a mandatory fee for the loss of ecological services when forest land is diverted.

Reclassification of Activities

New rules classify afforestation and plantations by any organization, including private ones, as a "forestry activity." Previously, commercial plantations were considered a "non-forest activity," requiring stricter central government clearance.

Why Shift in Policy?

Addressing Industrial Needs: The paper and pulp industry faces a severe raw material deficit.

  • Supply-Demand Gap: The annual demand for wood is around 11 million tonnes, while domestic availability is only about 9 million tonnes. (Source: IPMA Annual Report)
  • Underutilised Capacity: Due to raw material scarcity, only about 550 out of 900 paper mills in India are operational. (Source: Union Ministry of Commerce)
  • Rising Imports: Paper imports grew by over 68% between 2021-22 and 2023-24, mainly from China and ASEAN nations, impacting domestic industry. (Source: DGCI).

Boosting Economic Growth: The policy supports the 'Make in India' initiative by ensuring a steady supply of domestic raw materials, aiming to revive struggling mills and reduce the import bill.

Meeting Climate Commitments: The government frames this as a step towards achieving India’s climate goals, including:

  • Nationally Determined Contribution (NDC) to create an additional carbon sink of 2.5-3 billion tonnes of CO2 equivalent by 2030.
  • Bonn Challenge pledged to restore 26 million hectares of degraded land by 2030.

Supporting Rural Livelihoods: The expansion of plantations is expected to create jobs and income for rural communities, building on existing agroforestry models that already involve an estimated 500,000 farmers.

What are the Major Environmental and Social Concerns?

While the industry has welcomed the move, environmentalists and social activists have raised several critical concerns.

Concern 

Explanation

Environmental Concerns

  • Dilution of Forest Laws: Critics argue the move weakens the protective framework established by the Supreme Court in the T.N. Godavarman Thirumulpad vs Union of India (1996) case, which expanded the definition of 'forest'.
  • Threat of Monocultures: Commercial plantations favour fast-growing monocultures like eucalyptus and acacia, which support very little biodiversity, deplete groundwater, and degrade soil quality.

Social & Livelihood Concerns

  • Impact on Forest Dwellers: Much of the 'degraded' forest land is used by tribal and local communities for grazing and collecting Minor Forest Produce.
  • Violation of Community Rights: Leasing these lands to private firms without the consent of the Gram Sabha violates the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (FRA), which empowers Gram Sabhas to manage community forest resources.

Way Forward 

Robust Regulatory Framework

Government must create stringent guidelines to ensure plantations are restricted to genuinely degraded lands and establish a transparent mechanism for land identification.

Uphold Community Rights

Implementation must fully comply with the Forest Rights Act, 2006. The free, prior, and informed consent of the Gram Sabha must be a mandatory prerequisite.

Promote Ecological Restoration

Policy should incentivize mixed-species plantations using native trees to support biodiversity, rather than just monocultures.

Leverage Technology

Mandate the use of drones and satellite imagery for real-time monitoring to prevent encroachment and ensure compliance with environmental safeguards.

Prioritize Farm Forestry

Primary focus should remain on expanding industry-driven agroforestry models on private farmlands, which have a proven record of success without harming natural forests.

Learn from Global Best Practices

Sustainable Certification: Canada and Scandinavian countries use certification systems like the Forest Stewardship Council (FSC) to ensure forestry is ecologically sound, respects indigenous rights, and is economically viable.

Focus on Degraded Agricultural Land: Brazil boosted pulp industry by focusing plantations on degraded farmlands, not by clearing natural forests.

Community-Centric Forestry: Involving local communities in management and benefit-sharing, as a best practice, ensures social justice and leverages traditional knowledge.

Conclusion

Economic growth through raw material access for industry requires a balance with robust environmental safeguards, ecological restoration, and the protection of forest-dependent communities.

Source: DOWNTOEARTH

PRACTICE QUESTION

Q. Which of the following best describes 'Net Present Value' (NPV) in the context of Indian forest laws? 

A) The total market value of timber present in a forest area. 

B) A one-time charge levied for diverting forest land based on the value of ecosystem services. 

C) The annual profit generated by a paper mill from forest-sourced raw materials. 

D) The cost incurred by the government for mandatory afforestation in urban areas.

Answer: B

Explanation:

Net Present Value (NPV) refers to a mandatory one-time payment that a user agency must pay for diverting forest land for non-forest use (such as for industry, mining, or urban development)

Frequently Asked Questions (FAQs)

It allows private companies to use forest land for commercial plantations without paying two key environmental levies: the Net Present Value (NPV) and Compensatory Afforestation (CA) charges.

The Indian paper industry has been facing a chronic shortage of raw materials, leading to underutilization of its capacity and a heavy dependence on imports. This amendment aims to provide the industry with access to degraded forest lands to create a stable domestic supply of wood pulp.

NPV is a mandatory one-time payment made when forestland is diverted for non-forest purposes, intended to compensate for the loss of ecological services. Compensatory Afforestation (CA) is the requirement to afforest an equivalent area of non-forest land or double the area of degraded forest land to compensate for the diverted forest.

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