Uniform Penalty For Violations of Van Adhiniyam, 1980

Syllabus:GS3/Environment 

In News

• The Forest Advisory Committee (FAC) of the Union Environment Ministry has recommended standardising penal provisions under the Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980, particularly concerning violations involving forest land diversion without prior central approval. 

What is Van Adhiniyam, 1980?

• It was originally enacted as the Forest Conservation Act, 1980 and it was renamed Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980 under legislative updates.
• It governs the diversion of forest land for non-forest purposes, such as infrastructure, mining, or agriculture.
• It mandates central government approval for any such diversion and aims to prevent deforestation and protect ecological balance.

Latest Recommendations of Forest Advisory Committee (FAC)

• It proposed that penal compensatory afforestation (CA) be uniformly levied on an area equal to the forest land violated, in addition to existing penalties under the 2023 Rules. 
• While penal CA—restoration beyond mandatory afforestation—was earlier applied inconsistently, the FAC now urges its rationalisation alongside the penal Net Present Value (NPV), introduced following Supreme Court directions in 2017 and formalised in 2023 guidelines. 
• The NPV is a financial measure of the quantified ecological and environmental services that are lost due to diversion of forest land.
  • Penal NPV acts as an additional monetary disincentive, ensuring violators compensate for the environmental loss beyond the mandatory NPV already charged for lawful diversions.

Why Was This Needed?

• Different states and agencies imposed varying penalties for similar violations, leading to confusion and perceived unfairness.
• Absence of a uniform framework made enforcement uneven and diluted the deterrent effect.
• Ensuring violators contribute meaningfully to restoration through afforestation and financial penalties.

Implications 

• It  enhances India’s credibility in global climate and biodiversity forums.
• It supports community-based forest management by reinforcing legal safeguards.
• It encourages corporate accountability in land-use planning and environmental impact mitigation.

Source :IE