Unclassed Forests: 27-Year Data Gap Leaves India's Deemed Forests in Limbo
A Supreme Court-mandated review reveals that most states failed to identify unclassed forests, leaving them vulnerable to diversion.
Nearly three decades after the Supreme Court's landmark Godavarman judgment, the status of India's unclassed forests—also known as deemed forests—remains mired in data gaps and procedural delays. In February 2024, the Supreme Court ordered the Ministry of Environment, Forests and Climate Change to upload reports from State Expert Committees (SECs) that were tasked with identifying these areas. The order came in response to a public interest litigation challenging the constitutional validity of the Forest (Conservation) Act Amendment (FCAA) 2023.
Unclassed forests are tracts of land that exhibit forest-like characteristics but have never been officially notified as forests. They can be owned by governments, communities, or private individuals. Because state definitions vary widely, estimates of such land range from just 1% to 28% of India's official forest area. The 1996 Godavarman judgment extended legal protection to all forests, regardless of their notification status, bringing them under the ambit of the Forest (Conservation) Act, 1980.
However, the SECs constituted to map these forests took an inordinate 27 years to submit their findings. Seven states and Union Territories, including Goa and Tamil Nadu, failed to form committees at all. Many others relied on outdated records or figures from the Forest Survey of India, raising questions about accuracy. Gujarat's report, for instance, contradicts official FSI data. Almost no state has provided geographical indications for its deemed forest areas.
The FCAA 2023 has further complicated the issue. While it requires central approval for diverting land notified as forest under the Indian Forest Act, 1927, or recorded as forest after 1980, it excludes land recorded as forest before October 25, 1980, and land converted to non-forest use before December 12, 1996. This exclusion potentially strips protection from unclassed forests, contradicting the spirit of the Godavarman judgment.
The Supreme Court has directed states to adhere to the broad dictionary definition of forests until comprehensive records are prepared. It has also asked the Centre to submit a complete record of land identified as forest by expert committees. Experts suggest a nationwide survey using satellite imagery, mandatory formation of SECs in all states, stronger legal safeguards, and community involvement to resolve the ambiguity surrounding these vital ecosystems.