38.6c New Delhi, India, Sunday, May 19, 2024
Environment

Aravali Hills: Forest Conservation Act 2023 'Unconstitutional’? [Read Petition]

By Mahima Katal      20 March, 2024 06:38 PM      0 Comments
Aravali Hills Forest Conservation Act 2023 Unconstitutional

New Delhi:  The Supreme Court issued notice to Ministry of Tribal Affairs, National Commission for Scheduled Tribes and the Ministry of Environment, Forest and Climate Change on a plea challenging the constitutionality of the recent amendments to the Forest (Conservation) Act.   

The Bench comprising of Justice Abhay Oka and Justice Ujjawal Bhuyan was hearing a Writ Petition under Article 32 of the Constitution filed by Aravalli Bachao Citizen Movement. 

The petition focuses on the fact that the FCA Amendment is contrary to the provision of the Forest Rights Act. It is contended that the Amendment Act violates the right to life, livelihood, and dignity of forest dwelling communities: The Forest Rights Act (FRA), 2006 vests forest rights on forest dwelling Scheduled Tribes and other traditional forest dwellers.

The main contention of the petitioners is that the Amendment Act is a regressive legal step, since it places primacy on the legal status of the land in order to decide whether the area is a forest or not. At a time when globally there is increased recognition of the ‘Rights of Nature’, the Amendment Act is based on the colonial concept of ownership and legal recognition in order to afford protection.

Also Read -  Illegal mining in Aravallis: "Vehicles carrying minor minerals are required to be equipped with GPS," says NGT

One of the main grounds for challenge is that the Amendment Act, 2023 is based on a fictitious idea that the Indian Forest Act, 1927 and similar other legislation provide for notifying ‘forests’: whereas neither the IFA, 1927 nor similar State Acts provide for notifying forests. There is no procedure contemplated in any of the forest laws for notifying a forest. Further, it rewards States that have failed to implement the order of Supreme Court.

Although there is no statutory requirement that all forests need to be notified and declared, all states were required to ‘identify’ all areas which satisfy the meaning of the term ‘forest’ in view of Supreme Court’s order dated 12.12.1996 in T.N. Godavarman case. Although, some states have made progress in the identification of forests, many have not.

“It is thus clear that despite the Central Government being aware that the process of identification is not yet completed, it has excluded large areas of ‘to be identified’ deemed forest from the purview of the Act,” Aravalli Bachao Citizens Movement stated.

[Read Petition] 



Share this article:

About:

Mahima Katal, journalist with a commitment to high-quality research, writing, and production. Proven...Read more

Follow:
FacebookTwitterLinkedinInstagram


Leave a feedback about this
Related Posts
View All

India Water Foundation President, Dr. Arvind Kumar, Advocates for Sustainable Water Access at 54th UNHRC Session India Water Foundation President, Dr. Arvind Kumar, Advocates for Sustainable Water Access at 54th UNHRC Session

Explore the fundamental human right to a clean and sustainable environment with insights from Dr. Arvind Kumar, President and Founder of India Water Foundation. Learn about India's constitutional provisions, UN Human Rights Council's 54th session, and expert views on water and sanitation. Discover the challenges, progress, and responsibilities in ensuring access to safe water for all.

41 trapped in Char Dham tunnel collapse: Here’s all you need to know 41 trapped in Char Dham tunnel collapse: Here’s all you need to know

Race on to save trapped workers in Char Dham tunnel collapse. Here's all you need to know

NGT bars desilting, mineral extraction at Bisalpur Dam in Rajasthan without green clearance [Read Judgment] NGT bars desilting, mineral extraction at Bisalpur Dam in Rajasthan without green clearance [Read Judgment]

NGT bars desilting, mineral extraction at Bisalpur Dam and stated that the activities under the guise of mineral extraction through mining operations cannot proceed without adherence to environmental laws.

COP28: All that happened at UN Climate Summit COP28: All that happened at UN Climate Summit

The COP28 has concluded with a landmark agreement among nearly 200 countries to begin reducing global consumption of fossil fuels, marking a significant step towards the eventual end of the oil age. Find out the highlights of the summit.

TRENDING NEWS

sc-notice-to-ec-on-plea-by-adr-for-release-of-voters-turnout-data
Trending Judiciary
SC notice to EC on plea by ADR for release of voters turnout data

SC issues notice to EC on ADR plea to release voter turnout data. SC demands EC to disclose vote counts within 48 hours after each phase of the 2024 Lok Sabha polls.

18 May, 2024 11:16 AM
recovered-direct-chats-between-kejriwal-and-hawala-operators-on-transfer-of-money-ed-claims-before-sc
Trending Judiciary
Recovered direct chats between Kejriwal and hawala operators on transfer of money, ED claims before SC

ED claims to have recovered direct chats between Kejriwal and hawala operators on money transfer in Delhi liquor policy scam; SC reserves judgement on arrest appeal.

18 May, 2024 11:47 AM

TOP STORIES

indian-courts-this-week-law-street-journals-weekly-round-up-of-sc-hcs-may-6-may-10
Trending Judiciary
Indian Courts this Week: Law Street Journal's Weekly Round-Up of SC & HCs [May 6 - May 10]

Get the latest updates from India's Supreme Court and the High Courts ! Here’s a round up of the week's top legal stories in a quick, easy-to-read summary.

13 May, 2024 10:29 AM
sc-dismisses-union-govt-plea-against-bail-to-maoist-financer-in-case-of-attack-on-police-party-in-jharkhand
Trending Judiciary
SC dismisses Union govt's plea against bail to Maoist financer in case of attack on police party in Jharkhand [Read Judgment]

SC rejects govt's plea against bail for accused in Jharkhand police attack case, citing absence of violated bail conditions.

13 May, 2024 11:33 AM
supreme-court-upholds-gang-rape-conviction-though-victim-turned-hostile
Trending Judiciary
Supreme Court upholds gang rape conviction, though victim turned hostile [Read Judgment]

SC upholds gang rape conviction despite victim's hostility, affirming witness credibility in criminal trials.

13 May, 2024 12:24 PM
sanatana-dharma-remarks-sc-seeks-response-from-up-maha-ktka-bihar-jamp;k-on-udhayanidhis-plea-for-clubbing-firs
Trending Judiciary
Sanatana Dharma remarks SC seeks response from UP, Maha, Ktka, Bihar, J&K on Udhayanidhi's plea for clubbing FIRs

SC seeks response on Udhayanidhi's plea for clubbing FIRs related to his remarks on 'Sanatan Dharma'.

13 May, 2024 12:39 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email