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Compensatory Afforestation In India: A Legal Fiction Or Climate Solution? - Analysing Compensatory Afforestation Fund Act, 2016

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Rahul Debnath, Research Scholar, ICFAI University, Tripura

Dr. Raghunath Chakraborty, Assistant Professor, ICFAI University, Tripura


ABSTRACT


Compensatory afforestation (CA) has become a pivotal legal and policy instrument within India's framework for reconciling economic advancement with environmental stewardship. Established through the Compensatory Afforestation Fund Act, 2016 (CAF Act), this mechanism requires that forest land converted to non-forest uses must be counterbalanced through reforestation initiatives in alternative locations. Although the Act endeavors to facilitate ecological restoration and climate change mitigation, it has faced considerable scrutiny for appearing more performative than substantive in nature. This article undertakes a rigorous evaluation of whether compensatory afforestation constitutes a legitimate climate intervention or functions primarily as a legal construct that facilitates the normalization of deforestation. Through comprehensive examination of legislative provisions, court rulings, operational difficulties, and environmental consequences, the article contends that while the CAF Act signifies a meaningful regulatory development, its operational constraints significantly diminish its practical utility. Challenges including land scarcity, single-species plantations, relocation of forest-reliant populations, and insufficient oversight frameworks demonstrate inherent systemic deficiencies. The article maintains that absent substantive modifications—particularly those incorporating ecological sustainability and indigenous rights protections— compensatory afforestation will likely persist as an insufficient alternative to native forest ecosystems in mitigating climate change impacts.


Keywords: Compensatory Afforestation, CAF Act 2016, CAMPA, Climate Change, Forest Law, Environmental Justice, India.



Indian Journal of Law and Legal Research

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Abbreviation: IJLLR

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ISSN: 2582-8878

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Website: www.ijllr.com

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Accessibility: Open Access

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License: Creative Commons 4.0

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Submit Manuscript: Click here

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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