Haryana’s New Definition of Forest: Implications for Aravallis and FCA

Why in the News? 

Haryana Govt’s Definition of ‘Forest’

The Haryana government has recently officially defined what the word forest means. Officials maintain that the definition matches judicial standards, but environmentalists contend it is overly restrictive, exposing the fragile Aravalli ridge to illegal mining and real estate intrusion.

Haryana’s Definition:

The Haryana Department of Environment, Forest and Wildlife mentioned in its notification:

• A piece of land will be considered a ‘forest’ in its dictionary sense if it satisfies the following conditions:
  1. The minimum required area is five hectares for isolated patches, and two hectares when adjoining government-designated forests.
  2. The canopy must have a density of at least 40% (0.4) or higher.

The notification clarifies that linear plantations along roads, canals, or railway tracks located outside designated forest areas will not be treated as forests.

Supreme Court’s Directives

• The Supreme Court, on March 4, instructed every State and Union Territory to clearly define the term ‘forest’ and submit their reports by September.
• The Court directed States and Union Territories to set up expert panels to identify and categorize ‘forest-like areas,’ ‘unclassified forests or lands,’ and ‘deemed forests,’ with the task to be completed within six months.
• The Court stressed the need for a scientific, uniform, and GIS-based database for identifying forests under the Forest (Conservation) Act, 1980 (FCA).

Godavarman Case & the FCA:

The issue dates back to the landmark 1996 Supreme Court judgment in T.N. Godavarman Thirumulpad vs. Union of India, which ruled that the word forest must be understood in its dictionary sense, covering all statutorily recognized forests regardless of ownership.

This widened the scope of FCA, ensuring that forests—whether recorded or not—were protected from diversion and misuse.

The 2023 amendment to the FCA limited its scope to officially notified forests and areas listed as forest land in government records. Environmentalists argue this undermines the Godavarman principles.

Reactions to Haryana’s Move:

Although Haryana had set up committees to define forests, the final notification has drawn criticism:

• High threshold: The requirement of five hectares (or two if contiguous) and 40% canopy cover excludes many ecologically fragile areas like the Aravallis, which have low rainfall (300–600 mm annually) and rocky terrain, making dense canopy growth difficult.
• Contradiction with Supreme Court: Retired officials and experts argue that this definition ignores the essence of Godavarman, which protected even smaller forest patches.
• Environmental impact: The Aravalli region, home to scrub forests and thorny vegetation evolved over millions of years, may now fall outside FCA’s protection.

About Forest (Conservation) Act, 1980 (FCA):

Background:

• Before 1980, diversion of forest land for non-forest purposes was largely under State control.
• Rapid deforestation and ecological concerns led to the enactment of the Forest (Conservation) Act, 1980.
• The Act provides for the conservation of forests and restricts the use of forest land for non-forest purposes without prior approval of the Central Government.

Objectives:

1. check deforestation and ecological imbalance.
2. Ensure conservation of biodiversity and natural resources.
3. To bring forest governance under the control of the Centre for uniformity.
4. To oversee the use of forest land for activities like industries, mining, dams, and road construction that fall outside forest purposes.

Key Provisions

• Section 2: Restricts State governments from de-reserving forests or using forest land for non-forest purposes without prior approval of the Central Government.
• Non-forest purpose: Includes activities like cultivation of crops (except forestry-related work), construction of dams, mining, industries, etc.
• Afforestation requirement: Compensatory afforestation must be undertaken if forest land is diverted.
• Advisory Committee: Constituted by the Central Government to advise on approval of proposals.

Amendments:

• 1988 Amendment: Strengthened the Act by increasing penalties and making conservation stricter.
• 2023 Amendment:

• Limited the scope of FCA only to:
  • Notified forests under the Indian Forest Act, 1927.
  • Lands recorded as forests in government records.
• Exempted certain categories (e.g., roadside plantations, security-related projects near international borders, small developmental works in villages).

Criticized for narrowing the definition of forest and reducing protection for ecologically fragile areas.