CONTENTS
- Clarity on the Nature and Extent of ‘Deemed Forest’ is Essential
- On Cervical Cancer and its Control Strategy
Clarity on the Nature and Extent of ‘Deemed Forest’ is Essential
Context:
The Supreme Court of India has temporarily halted an ambitious effort by the Central government to amend the Forest (Conservation) Act of 1980, which was initially introduced to curb the extensive destruction of forests for non-forestry purposes. The Central government claimed that approximately four million hectares of forest land had been diverted between 1951 and 1975 and the act was brought in this light.
Relevance:
GS3- Environment
Conservation, Environmental Pollution and Degradation, Environmental Impact Assessment.
Mains Question:
Discussing the concept of ‘deemed Forests’, analyse why a thorough clarity on the nature and extent of ‘deemed forest’ is essential. (10 Marks, 150 Words).
Forest (Conservation) Act of 1980:
- The Act mandated that forests could not be diverted without adhering to a regulatory mechanism established by the Central government.
- The Forest (Conservation) Act of 1980 is applicable to various types of forests, regardless of whether they fall under the jurisdiction of the Forest or Revenue Department.
- It mandates obtaining statutory clearance before utilizing forests for non-forest activities, such as industrial, mining, or construction purposes.
- In 1976, forests were added to List III (Concurrent List) within the Seventh Schedule of the Constitution.
- The government considers the Act successful, noting that from 1981 to 2022, the average annual diversion of forest land decreased to about 22,000 hectares, roughly one-tenth of the previous rate from 1951 to 1975.
- However, the Act primarily applied to forest tracts officially recognized as such by the India Forest Act or other State legislation.
- The illegal timber-felling incident in Gudalur, Tamil Nadu, led to the influential T.N. Godavarman Thirumulpad judgment, in which the Court expanded its perspective on forest tracts deserving protection. The judgment emphasized the need to safeguard forests regardless of their classification or ownership.
- This introduced the concept of “deemed forests,” referring to areas not officially classified as such in government or revenue records. States were instructed to establish expert committees to identify these “deemed forests.”
Deemed Forests:
- Definition: ‘Deemed forests’ pertain to areas that official records do not formally classify as forests by central or state authorities.
- Legal Ambiguity: The term ‘deemed forests’ lacks a precise legal definition, even within the framework of the Forest Conservation Act of 1980.
- Broad Interpretation: The Supreme Court’s T N Godavarman Thirumulpad Case (1996) adopted a comprehensive interpretation of forests, encompassing those statutorily recognized, irrespective of their reservation status under the Forest Conservation Act.
- Inclusive Scope: As per the court, ‘forest land’ within Section 2 of the Act extends beyond its literal meaning to include areas documented as forests in government records, regardless of ownership.
- However, in the 28 years since the judgment, only a few states have formed such committees or disclosed the extent of “deemed forests” within their territories.
Recent Relevance and Controversy:
- News Spotlight: The matter of ‘deemed forests’ has garnered attention, particularly in Odisha and Karnataka, where concerns about unscientific classification and potential impacts on agriculture and mining persist.
- Calls for Reclassification: Advocates argue that ‘deemed forests’ should align with the dictionary meaning of forests, regardless of ownership. Concerns have been raised about arbitrary classifications affecting farmers and mining activities.
- Classification Challenges: Critics contend that the current subjective classification lacks a well-defined scientific criterion, leading to conflicts and hardships for communities.
Rationale Behind the Amendment of the Forest (Conservation) Act:
- The Central government’s effort to amend the Forest (Conservation) Act was ostensibly aimed at providing “clarity” due to the extensive use of recorded forest land for non-forestry purposes, authorized by State governments.
- The government asserts that private individuals are hesitant to cultivate private plantations and orchards, despite their significant ecological benefits, fearing that such areas might be labeled as ‘forest,’ leading to the nullification of their ownership. India’s goal of creating a carbon sink of 2.5 billion-3 billion tonnes to achieve net-zero targets requires adaptable forest laws.
- Consequently, the amendments aim to exclude areas not already designated as ‘deemed forest’ from protective measures.
- This has resulted in numerous public interest petitions, as the amendments seem to challenge the Act’s goal of forest protection.
- While a final judgment is pending, the Court has directed the Central government to compile and publicly disclose, by April, the efforts made by States in recording the extent of deemed forests, a move that is positively acknowledged.
Conclusion:
At this stage, the Central government’s assertion that insufficient private initiative is hindering India’s carbon sink is speculative. A thorough and unbiased evaluation of the ground realities is essential to advance this crucial debate.
On Cervical Cancer and its Control Strategy
Context:
Health is rarely one-dimensional, and it should not be perceived as such. Especially in government policy, a comprehensive understanding of the entire issue is essential, incorporating multiple facets in a field strategy to achieve the intended goal optimally. The recent announcement by Union Finance Minister during the presentation of the interim Budget, outlining the government’s plan to promote vaccination against cervical cancer for girls aged nine to 14, is undeniably a positive step.
Relevance:
GS2- Health
Mains Question:
Highlighting the statistics of cervical cancer prevalence in India, suggest an effective way forward strategy to deal with it. (15 Marks, 250 Words).
About Cervical Cancer:
- Cervical cancer, affecting the neck of the womb, stands out among cancers due to its strong association (99%, according to the World Health Organization) with the human papillomavirus (HPV), a common virus transmitted through sexual contact.
- It stands as the second leading cause of cancer-related deaths among women in India, with over 77,000 cases annually, estimated to be the second most frequent cancer among Indian women aged 15 to 44.
- Despite the availability of a vaccine, the concerning reality is that the national prevalence of cervical cancer screening remains just under 2%, with outcomes dependent on the stage of detection.
HPV Connection:
HPV, a common virus affecting almost all sexually active individuals, often presents without symptoms. While the immune system usually clears the virus, high-risk strains can lead to cancer.
India’s Alarming Statistics:
- India bears a substantial burden, representing nearly a quarter of global cervical cancer deaths.
- Annually, around 1.25 lakh women are diagnosed with cervical cancer, and tragically, approximately 75,000 lose their lives to this disease.
Detection of Cervical Cancer:
- Ironically, cervical cancer can be easily detected in a public health setting using minimal tools – the human eye, a dilution of white vinegar, and a dab of Lugol’s iodine.
- These tests, known as VIA (Visual Inspection with Acetic Acid) and VILI (Visual Inspection with Lugol’s Iodine), assist in identifying precancerous lesions and cancer at an early stage, well before advanced disease stages are detectable through cytology.
- A straightforward and brief procedure, cryotherapy, can then be performed while the patient is awake to eliminate abnormal growth.
- Considering the ease of prevention, identification, and treatment of cervical cancer, it is unacceptable that numerous women succumb to the disease.
Global Efforts and India’s Progress:
- WHO’s Elimination Strategy: In 2022, the World Health Organization (WHO) initiated a strategy to eliminate cervical cancer as a global public health concern. The strategy focuses on three pillars: vaccination, screening, and treatment.
- Positive Trends in India: Although India may not achieve the 2030 goals outlined by WHO, there is a glimmer of hope. Incidence rates are decreasing, potentially attributed to factors like sexual hygiene, pregnancy age, contraception use, and individual immune status.
- Comprehensive Approach: Experts emphasize the necessity for a multifaceted approach, including awareness programs, vaccination campaigns, regular screenings, and education to combat stigma.
Way Forward:
Necessity of Screening:
As the government initiates its vaccination program, it should also mandate screening at primary health centers. If abnormalities are identified, cryotherapy should be offered promptly. Relying solely on vaccinating young girls is unlikely to have a significant impact in the short and medium term.
Optimal Age for Vaccination:
Vaccination is recommended for girls aged 9 to 15, providing maximum protection. However, it can benefit adults up to the age of 45.
Conclusion:
The most effective approach to prevent deaths is to implement a comprehensive array of tools as part of a national cervical cancer control program, accessible to all women regardless of age, education, affordability, or social status.
