Forest Conservation Act Amendment: SC Halts Madras HC’s Stay On Joint Select Committee Proceedings

The Supreme Court has recently put on hold the Madras High Court’s interim order, which stayed a press communique and the Joint Select Committee’s proceedings on the proposed amendment to the Forest Conservation Act.

The press communique was intended to solicit suggestions & objections from the public regarding the amendment.

Both the bill and the press notice seeking public suggestions/objections were halted as they were issued in English and Hindi, excluding vernacular languages such as Tamil.

A vacation bench of Justice Dipankar Datta and Justice Pankaj Mithal stayed the May 24, 2023, order of the High Court order.

While noting the Centre’s assurance, the apex court declared that the Tamil translation of the Forest (Conservation) Amendment Bill will be published on the official website.

Upon its publication, individuals will have a period of 7 days to provide their suggestions/objections.

The bench was informed that on June 5, the Tamil version of the amendment bill will be uploaded.

Also, the apex court issued notice on the Centre’s plea challenging the order of the High Court.

Solicitor General Tushar Mehta, representing the central government, sought a stay on the High Court order, citing that the Bill and the press communique that was released in English and Hindi, which are recognized as the official languages of the parliament.

The senior law officer told the bench that, however, there was a problem and the government will solve it by publishing the Forest (Conversation) Amendment Bill in Tamil.

Further, he contended that the High Court could not have interfered with the proceedings of the JSC or the orders passed by it.

The Joint Select Committee of Parliament consists of members from both the Lok Sabha and the Rajya Sabha.

On May 24, High Court ordered the interim stay of the press communique and all further proceedings.

The High Court’s interim order was issued in response to a public interest plea filed by advocate G Theeran Thirumurugan. The plea highlighted that the Forest (Conservation) Amendment Bill, 2023, and the press communique were exclusively published in English and Hindi, thereby creating a disadvantage for individuals who are not familiar with these languages and hindering their ability to provide suggestions.

The plea sought the publication of the Forest (Conservation) Amendment Bill and the press communique in Tamil and other vernacular languages.

The Forest (Conservation) Amendment Bill, 2023, introduced in the Lok Sabha on March 29, 2023, aims to include and exempt specific land categories from the Act’s scope, while expanding the range of permissible activities on forest land.