Central Idea

The Odisha government has rescinded a contentious order that declared the discontinuation of the ‘deemed forests’ category under the amended Forest Act.
This reversal comes after concerns were raised regarding the implications of the order on forest classification and protection.

Understanding ‘Deemed Forests’

Definition: ‘Deemed forests’ refer to areas that are not formally classified as forests by central or state authorities in official records.
Legal Ambiguity: The term ‘deemed forests’ lacks a clear legal definition, including under the Forest Conservation Act of 1980.
Broad Interpretation: The Supreme Court’s T N Godavarman Thirumulpad Case (1996) embraced an expansive interpretation of forests. It encompassed statutorily recognized forests, irrespective of their reservation status, under the Forest Conservation Act.
Inclusive Scope: ‘Forest land’ within Section 2 of the Act extends beyond the dictionary meaning to include areas recorded as forests in government records, regardless of ownership, according to the court.

News Spotlight: The issue of ‘deemed forests’ has gained attention, particularly in Odisha and Karnataka, where allegations of unscientific classification and impact on agriculture and mining persist.
Calls for Reclassification: Advocates assert that ‘deemed forests’ should adhere to the dictionary meaning of forests, irrespective of ownership. Concerns have been raised about arbitrary classifications affecting farmers and mining activities.
Classification Challenges: Critics argue that the existing subjective classification lacks a well-defined scientific criterion, leading to conflicts and hardships for communities.

The Forest Survey of India (FSI) classifies forest cover in 4 classes:

Very Dense forest: All lands with tree cover (including mangrove cover) of canopy density of 70% and above.
Moderately dense forest: All lands with tree cover (including mangrove cover) of canopy density between 40% and 70%.
Open forests: All lands with tree cover (including mangrove cover) of canopy density between 10% and 40%.
Scrubs: All forest lands with poor tree growth mainly of small or stunted trees having canopy density less than 10%.

Reassessment in 2014: The Centre initiated a review of forest categorization in 2014 to address the classification process’s shortcomings.
Need for Objective Criteria: While the dictionary definition guided initial classifications, a lack of objective criteria resulted in subjective designations that hindered clarity and fairness.
Addressing Hardships: Officials classified land as ‘deemed forest’ without considering local needs, leading to difficulties for farmers and communities dependent on such lands.
Commercial Demands: Some regions categorized as ‘deemed forests’ hold commercial value for mining, prompting calls for reclassification.

State-Level Identification: Since 1996, Odisha had designated nearly 66 lakh acres as ‘deemed forest’ with the assistance of district-level expert committees. However, many of these areas were not officially recognized as forests in government records.
Controversy and Debate: The decision sparked controversy as experts and activists raised concerns about the potential ramifications of discontinuing the ‘deemed forest’ classification. The move could impact conservation efforts and the legal status of these lands.

The Odisha government’s decision to reverse the order discontinuing the ‘deemed forests’ category underscores the significance of clear forest classification and protection policies.
The episode emphasizes the intricate balance between legal interpretations, conservation imperatives, and policy implementation in the realm of environmental protection.
Moving forward, it is essential for authorities to align policies with legal frameworks to ensure sustainable forest management and safeguard the delicate ecological balance.