Kuzholuzo Nienu is a Member of Nagaland Legislative Assembly and Leader of Naga People’s Front Legislature Party
The Forest Conservation Amendment Bill 2023 introduced by the Union Ministry of Environment, Forest and Climate Change, Shri Bhupender Yadav got its clearance from both the houses of parliament despite several objections from different corners of the country. Apparently, the government introduced and passed the Bill which has now become a law to –
1. Ensure and promote sustainable forest development in order to meet the economic, environmental and social needs of present and future generations.
2. Remove the ambiguity surrounding the definition of the term “forest”. Now the Act has extended its protection of forest areas, irrespective of the ownership, that are not officially classified and notified as forests in a government record as on October 25, 1980 but are ecologically sensitive.
3. Interestingly, the amendment included a preamble that seeks to harness the country’s rich tradition of preserving forests and bio-diversity to tackle the climate change.
The above objective seems laudable till one sees the exemption clause – the Act exempts projects related to economy and security of national importance within 100 km of international borders. Such projects would no longer require forest clearance as it removed the 1980 Act’s restrictions on creating infrastructure in the reserved forest areas. In other words, under this new amendment, both protected and unclassified forest areas can be encroached in the pretext of aiding national security and creating livelihood opportunities for those living in proximity with the forest covers.
It is true that infrastructural and industrial developments are inevitable. However, by allowing such activities as creation of check posts, fire lines, eco-tourism facilities, safaris, silviculture, exploration, dams, seismic surveys, etc., instead of preserving our precious forest lands concerning which we are so proud, they are just made more vulnerable for damage and destruction.
Our apprehension is not without a basis. It may be noted that the Supreme Court order of February 2019 attempted the eviction of millions of tribals from the forest areas. The Forest Rights Act 2006 to protect the above category of people hardly succeeded in providing security of life and shelter against the capitalist driven forces. Though it did not affect the northeast India much, it has already set a tone that forest and wild life concerns can be politicized for other national and commercial interests. The present Act substantiates the fear of the people, especially the stakeholders – the tribal lands in the NE which is surrounded by international border.
It may be noted that though Mizoram extended the Forest Rights Act after its legislative assembly cleared it in 2009 as required under Article 371 (G) of the Constitution, the Nagaland assembly with similar requirement under Article 371 (A), is yet to decide whether it wants this law although a committee has been looking into it for years.
Points to ponder upon:
1. This Act undermines the power of the state government through and through since the central government has the first and the last say on everything related to forest. It may be noted that forest is a part of the Concurrent List. Prior to the amendment, the state government is required to get a prior approval of the central government to assign forest land to any entity not owned or controlled by the government. Now with the present amendment, state government cannot assign any forest area to any entity without the approval of the central government whereas the central government can take away any portion of the forest land for their projects.
2. This will definitely make a mockery of the article 371(A). It directly comes into conflict with the constitutional safeguard guaranteed to Nagaland state through the Article 371(A). Instead of the centre seeking the approval of the state to implement any of the bill/act in Nagaland, now Nagaland government will have to seek to approval from the central government. The Act makes the whole of Nagaland vulnerable since a large stretch of state is covered with greeneries.
3. In general, as has been debated all over the country, this Act stands as a threat to tribal lands – a land from which we got our history, culture and identity. It can either fall into the commercial trap anytime or turn into a militarised zone in the name of national security.
The preamble of the Act pays lip service to the traditional methods of preserving forest and bio-diversity. Instead of learning from tribal dominated states like Nagaland on preservation of forest and bio-diversity, it is trying to impose a blanket Act without any exception or exemption.
Measures to be taken:
NPF party rejects outright such an anti-tribal and anti-constitutional bill and also strongly recommends that GoN, in exercise of Article 371(A), should immediately pass an act/resolution that flatly rejects this Bill, like in the past during Dr. S.C. Jamir’s government when Imsungit Jamir was the Forest Minister. The government must convene a special Assembly session or take up this issue in the upcoming Assembly Session which is scheduled on 11 Sept 2023 to deliberate and pass an act to counteract the Bill.
