Kohima, 14 September (MTNews): The Nagaland Legislative Assembly, on 14 September 2023, passed a resolution regarding the Forest (Conservation) Amendment Act 2023. The resolution outlines Nagaland’s stance on the application of the amended act within its borders.
The key points of the resolution are as follows:
· The Forest (Conservation) Amendment Act 2023 will only be applicable to Nagaland if it aligns with the constitutional guarantees provided in Article 371(A) of the Indian Constitution.
· The Government of India is urged to ensure that Section 1(A)(2) of the amended Act is not used to the detriment of Nagaland and its people.
· The Assembly has resolved to explore various options, including the possibility of enacting its own legislation. This proposed legislation aims to establish a compensatory mechanism for any diversion of private or community-owned forest land for non-forestry purposes and to address environmental damage. Such compensation would be the responsibility of the user agency, in addition to availing benefits from existing Central Government schemes in this regard.
The resolution was introduced by CL John, the Minister for Environment, Forest, and Climate Change, during the ongoing legislative session.
The Forest (Conservation) Amendment Act 2023, recently enacted by the Parliament of India, primarily focuses on land and its resources, with a specific emphasis on forests. The resolution highlights the importance of Article 371-A of the Indian Constitution which provides provisions concerning the ownership and transfer of land and its resources within the state.
Of particular concern to Nagaland is Section 1(A)(2) of the amended Act, which grants exemptions for forest lands within a 100-kilometer distance along international borders, the Line of Control, or the Actual Line of Control. These exemptions primarily apply to forest lands intended for strategic linear projects of national importance related to national security.
This exempted zone encompasses a significant portion of Nagaland, where tribal communities predominantly hold ownership of forest lands.
In response to these concerns, a consultative meeting was held on 1 September 2023, involving various stakeholders including representatives of Naga Tribal Hohos/Organizations. During this meeting, strong objections were raised against the application of Section 1(A)(2) in Nagaland. Concerns were voiced that this section could infringe upon traditional ownership and usage rights of forest lands and their resources in the state.
The resolution passed by the Nagaland Legislative Assembly asserts that the term ‘land and its resources,’ as mentioned in Article 371(A), includes forest lands and their resources. It emphasizes that the application of Section 1(A)(2) in Nagaland could potentially jeopardize the existing rights of tribal communities over their forest lands and resources.