“What is the good of your stars and trees, your sunrise and the wind, if they do not enter into our daily lives?” ~E.M. Forster
Between 2000 and 2023, India confronted a grave environmental hotspot after more than 2.33 million hectares of trees disappeared. It is more than the size of Meghalaya. Consequently, on May 20, 2024, the National Green Tribunal (NGT) started a suo motu case requiring an explanation from the Union government as well as the Ministry of Environment. The latter move was prompted by a newspaper article in the Indian Express of April 13, 2024 That pointed out glaring loss concerns as per Global Forest Watch (GFW) data hampered forest.
THE EXTENT OF TREE COVER LOSS
Global Forests Review(GFR) is an online resource developed by the World Resources Institute to provide periodic updates on the state of the world’s forests? This one employs current satellite data to address questions such as how many forests are remaining if forests are regrowing and the amounts of carbon therein. It assists in monitoring the trends, as well as, evaluating the advancements in the implementation of conservation objectives and, also, identifies locations with threatened forests. The GFR is unlike other reports which are usually annual or quarterly; the report is issued frequently and has simple facts best understood by policymakers, media, enterprises, activists, and anyone concerned with conserving forests.
Below are the following reports:
- From 2002 to 2023, India lost 414 thousand hectares (kha) of humid primary forest, accounting for 18% of its total tree cover loss during this period. This significant reduction contributed to a 4.1% decrease in the total area of humid primary forest in the country.
- From 2001 to 2023, India experienced a significant loss in tree cover, amounting to 2.33 million hectares (Mha). This represents a 6.0% decrease in tree cover since 2000 and has resulted in 1.20 gigatons (Gt) of CO₂e emissions.
- In India, the top five regions accounted for 60% of all tree cover loss between 2001 and 2023. Assam experienced the highest tree cover loss, amounting to 324 kha, significantly surpassing the average of 66.6 kha. Following Assam, Mizoram lost 312 kha, Arunachal Pradesh 262 kha, Nagaland 259 kha, and Manipur 240 kha.
- From 2000 to 2020, India gained 1.88 million hectares (Mha) of tree cover, accounting for 1.4% of the global total. In comparison, other countries with significant tree cover gains include Russia with 37.2 Mha, Canada with 17.0 Mha, the United States with 14.0 Mha, Brazil with 8.06 Mha, and China with 6.69 Mha.
HOW CAN THIS AFFECT INDIA?
The country is going to face adverse and diverse consequences when more than 2.33 million hectares of tree cover in India are lost between 2000 and 2023. One major impact of this deforestation on an ecosystem is that it decreases biodiversity, creating dangers for plant and animal species. The tree die-off leads to not only unnatural disturbances but also the disappearance of the majority of the habitats and ecosystems. Carbon emissions are reduced by the trees. Nevertheless, trees are not there, and the loss of billions of caroms of CO2e has happened, making the earth warmer and the climate worse. Moreover, the trees have the role of conserving water as they maintain the soil cover and prevent soil erosion. When the trees are not available, the soil erodes more, and this leads to not only the loss of crops but also water pollution.
The economic effects of deforestation are as devastating as the environmental ones. Many of these populations rely on the woods for their source of living. Thus, these livelihoods are in a critical situation with people facing such economic hardships. In addition, soil erosion and altered rainfall patterns generated by deforestation can be counted among the negative effects on agriculture yields as a result of deforestation, which, in turn, leads to high economic losses.
Socially, deforestation could create the following: the native communities would suffer from the loss of their homes and they would lose their cultural heritage. Moreover, increased pollution and changing climate which is caused by deforestation can result in health issues among the population, including respiratory problems, and the spread of diseases by the reformation of ecosystems.
From the point of view of law and policy, the massive tree cover loss may violate key environmental laws such as the Forest Conservation Act, the Air (Prevention and Control of Pollution) Act, and the Environment Protection Act. The self-instituted case from the National Green Tribunal (NGT) highlights the fact that the government is taking a step towards making them liable for the protection of the environment.
THE NGT’S RESPONSE
On May 20, NGT, comprising a bench of three members, Chairperson Justice Prakash Srivastava, judicial member Justice Arun Kumar Tyagi, and Senthil Vel, chose to act on the India tree cover loss issue on their own i.e. Suo Motu: a Latin expression that refers to “on its motion.” This is an official mode or system of operation which does not have its source in motion by any other entity, person or body.
They observed that the significant loss of tree cover might violate three key environmental laws: These policies include the Forest Conservation Act of 1980, the Air (Prevention and Control of Pollution) Act of 1981, and the more all-encompassing Environment Protection Act of 1986.
The NGT used their suo motu powers to initiate cases which do not require a complaint from a citizen; the NGT summons several departments and ministries of the central government to explain the tree cover loss. They served notices to the Member Secretary of the Central Pollution Control Board, the Secretary Ministry of Environment and Forest, and the Director of Survey of India Dehradun Uttarakhand. Survey of India which comes under the Ministry of Science and Technology is concerned with mapping and surveying of India.
Further, the NGT directed the Director of the Survey of India to submit a detailed status paper on forest cover in India, especially in the northeastern region from the year 2000 to 2005, 2005 to 2010 and so on with the latest status till March 2024. This report should be produced at least one week before the next hearing, set for the 28th of August this year.
REGULATORY FRAMEWORK
- Forest Conservation Act, 1980: protects the forests and their resources. It requires central government clearance for non-forest uses of land and enacted compensatory afforestation to minimize adverse environmental effects. This 2006 amendment acknowledged the rights of forest dwellers, giving some balance between conservation needs and community requirements.
- Air (Prevention and Control of Pollution) Act, 1981: relates to air pollution by providing legislation for regulatory bodies and their standards for emission. These include noise pollution and give some authority to act against any polluter.
- Environmental Protection Act, 1986: offers a comprehensive framework for environmental protection in India. It grants legal status to the central government in regulating industrial activities establishing standards for environmental standards and responding to environmental emergencies. The Act also deals with hazardous waste management and pollution control.
CONCLUSION
Dealing with the substantial decrease in tree cover in India needs prompt actions and coordination between different areas. The proactive approach of the National Green Tribunal leads the way for the officials to be brought to justice and strengthens the thoroughly compelling argument on the necessity to enforce environmental laws. Conservation strategies that are more resilient, reforestation programs that are more effective, and the inclusion of traditional wisdom all are crucial for turning the tide. The priority for the protection of forests can be found in the challenges of the climate, which are getting more and more serious. They are at the heart of ecological balance, climate resilience, and the well-being of future generations.
Author(s) Name: Tvesha Uniyal (Symbiosis Law School, Hyderabad)
