Nagaland Assembly passes resolution not to implement Forest (Conservation) Amendment Act

Nagaland Assembly on Thursday unanimously passed a resolution not to implement the Forest (Conservation) Amendment Act, 2023 in the state.

The 14th House of the Nagaland Legislative Assembly resolves 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, said Nagaland minister for Environment, Forest and Climate Change, C L John while moving the resolution.

He said Parliament has enacted The Forest (Conservation) Amendment Act, 2023, which was notified by the Government of India on August 4.

The Act essentially deals with land and its resources (forests), the minister said.

The amended Act has inserted a new section, namely, Section 1(A)(2) which exempted from the operation of the principal Act such forest lands situated within a distance of 100 km along international borders, as the case may be, proposed to be used for construction of strategic linear project of national importance and concerning national security, he said.

Expressing that the exempted area of 100 km from international borders will cover most parts of Nagaland state, he said in Nagaland the ownership of most of the forest lands vests with tribal communities.

Article 371A of the Constitution states that no act of Parliament will apply to the state of Nagaland in a matter relating to religious or social practices of Nagas, Naga customary law and procedure administration of civil or criminal justice involving decisions according to Naga customary law and ownership and transfer of land and its resources will apply to the state unless its Assembly decides so by a resolution, he said.

The minister also highlighted during a Consultative Meeting with various stakeholders on Forest (Conservation) Amendment Act, 2023 organised by the state government on September 1, the representatives of the various Naga Tribal Hohos/organisations have expressed their strong objection to the application of Section 1(A)(2) of amended Act 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 of Nagaland.

He said that the state Assembly is of the view that the term 'land and its resources' mentioned in Article 371A includes forest lands and its resources; and that the application of Section 1(A)(2) of the amended Act to Nagaland would jeopardise the existing rights of tribal communities on their forest lands and its resources.

The House also resolved, that the Government of India must assure that provisions contained in Section 1(A)(2) of the Act of 2023 would not be used to the detriment of the state and its people.

It also 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 avail the benefits of the existing schemes of the Central Government in this regard.

Speaker Sharingain Lobgkumer put the resolution to vote and it was unanimously passed by the House.