Mokokchung, 14 August (MTNews): The Rengma Hoho has written to the Chief Secretary of Nagaland expressing their firm opposition to the implementation of both the Forest (Conservation) Act, 1980, and its subsequent Amendment Act, 2023, within the state.
Stating that the bill has been passed in both houses and that the president has given her assent, the Rengma Hoho said that it has become imperative to inquire whether the draft bill of the principal Act, the Forest (Conservation) Act, 1980, was presented in the Nagaland Legislative Assembly by the concerned Department for acceptance or rejection while soliciting the opinions of the State and Union territories.
The Rengma Hoho also asked whether the Nagaland Legislative Assembly has adopted a resolution to apply the Central Act within the state. If such a resolution exists, the hoho said it has become crucial for the State government to provide clarifications for this decision. “However, if there is no resolution in place, it is recommended that the State Government unequivocally reject the implementation of both the original Forest (Conservation) Act, 1980, as well as the Amendment Act, 2023, through a resolution,” it said.
Considering that forest produce is a critical resource of the land, the hoho viewed that the State Government should have formulated the Nagaland Forest (Conservation) Act in harmony with the Nagaland (Ownership and Transfer of Land and its Resources) Act, 1990.
“This should be done while upholding Naga traditions and customary practices, rather than implementing the Central Act in the State, which would go against the special provisions of Article 371(A),” it said.
The hoho also pointed out that the landholding system in Nagaland is highly distinctive, as all land is owned by communities, clans, and individuals through inheritance. Therefore, the State or Central government rarely possesses any land unless acquired with the full consent of the landowners or through donations.
“Ownership rights of land and its resources rest with the people, governed by traditional and customary practices. While the State government may acquire land on lease or purchase for development purposes, transferring land for national security or defense purposes requires landowners’ consent under Article 371(A),” it said.
Therefore, the hoho stated that enforcing the Forest (Conservation) Act, 1980, and its Amendment Act, 2023, without the consent of the Nagaland State Legislative Assembly violates Article 371(A) and infringes upon landowners’ rights by mandating forest clearance or requiring Centre government approval without landowners’ consent.
Given this, the Rengma Hoho firmly opposed the application of the Central Acts, especially the Forest (Conservation) Act, 1980, and the Forest (Conservation) Amendment Act, 2023, in Nagaland. “This opposition is based on the violation of Section (1)(a)(iv) of Article 371(A) of the Constitution of India,” it stated.