The 14th Nagaland Legislative Assembly (NLA) on Thursday unanimously passed a 11-point resolution on the Forest (Conservation) Amendment Act, 2023.
The resolution was introduced and moved by Minister for Forest and Climate change CL John.
The resolution passed by the House resolved to explore various options including the State enacting its own Act for the purpose of having its own compensatory mechanism wherein any diversion of even private or community owned forest land for non-forestry purposes and damage to environment is suitably compensated by the user agency, in addition to availment of benefits of the existing schemes of the central giving this regard.
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The resolution also stated that, “The House further resolves, that the Government of India must assure that provisions contained in Section 1(A)(2) of the Forest (Conservation) Amendment Act 2023 shall not be used in the detriment of the state as it’s people.”
It also resolved that the Forest (Conservation) Amendment Act 2023, will only be applicable to the State subject to the constitutional guarantees provided in Article 371(A) of the Constitution of India.
In this regard, the State government referred to the applications and provisions of Article 371(A).
The resolution highlighted concerns related to the Act against the backdrop of the Parliament of India which enacted the Forest (Conservation) Amendment Act 2023, especially with regard to the new section inserted, namely, Section 1(A)(2) which exempted from the operation of the principal Act such forest lands situated within a distance of 100 kilometres along international borders, Line of Control or Actual Line of Control as the case may be, proposed to be used for construction of strategic linear project of national importance and concerning national security. Having said this, the resolution read, ” And whereas the above exempted area of 100 kilometres from international borders will cover most parts of Nagaland state; And whereas in Nagaland the ownership of most of the forest lands vests with tribal communities.”
The resolution also reflected the strong objection of the various Tribal apex bodies and Civil Society Organisations at the consultative meeting held on 1 September 2023, objecting to the application of section 1(A)(2) of Forest (Conservation) Amendment Act, 2023 in Nagaland, on the ground that it is likely to infringe on “traditional ownership” and “usage” of Forest lands and its resources in the state.
