Nagaland Congress opposes Forest (Conservation) Amendment Act 2023

Kohima, 11 August (MTNews): The Nagaland Pradesh Congress Committee (NPCC) has added its voice to the chorus of dissent surrounding the recent passing of the Forest (Conservation) Amendment Act 2023 in both the Lok Sabha and Rajya Sabha. The NPCC has raised significant concerns regarding the potential repercussions of the act on Nagaland’s unique biodiversity and its distinctive legal provisions.

The NPCC drew attention to data provided by the Nagaland Community Conserved Area Forum (NCCAF), which said that Nagaland has 407 Community Conserved Areas, recognized as world top biodiversity hotspots. In light of this, the NPCC highlighted that Nagaland is endowed with specific provisions and safeguards to ensure the protection of its ecological treasures.

Talking about the legal provision of Nagas in the context of the customary constitutional and legal provisions relating to the land and its resources, the NPCC referred to Nagaland Code, Volume -V- 185 260 (iii) which mentioned “Every other product of mines including forest and forest products.”

Enumerating the legislative underpinnings of Nagaland, the NPCC cited several key Acts that shape the state’s legal framework, including the Bengal Eastern Frontier Regulation 1873, Nagaland Land and Revenue Regulation (Amendment Act) 1987, Nagaland Village and Area Council Act 1979, and Nagaland Land Requisition and Acquisition Act 1965.

However, the NPCC underscored that the crowning safeguard lies in Article 371-A (1) Part XXI of the Indian Constitution, an outcome of the 13th Amendment Act 1962 and the 16 Point Agreement. This constitutional provision designates Nagaland as a “Special” state, granting it unique authority over matters such as land ownership and transfer of resources. The provision asserts that no Act of Parliament pertaining to ownership and transfer of land resources applies to Nagaland “unless the Legislative Assembly by a Resolution so decides.”

Yet, despite these provisions and protective measures, the NPCC cautioned that unless the Nagaland Legislative Assembly adopts a “Resolution not to implement the amended Forest (Conservation) Amendment Act 2023 in Nagaland,” it could potentially breach the established provisions and laws of the state.

In view of these potential challenges, the NPCC appealed to both the Chief Minister and the Speaker (NLA) of Nagaland to adopt the above resolution in the larger interest and to safeguard the state of Nagaland.