Taking strong objection to the passage of Forest Conservation (Amendment) Bill, 2023 in the Lok Sabha on July 26, 2023 despite concerns raised from different quarters, The Naga Rising (TNR) on Tuesday said it demonstrated that the central government was hellbent on taking away the rights of indigenous people and tribals over their land and resources.
TNR said it had on May 18, 2023 submitted a written objection to the joint parliamentary committee on the Forest Conservation (Amendment) Bill, 2023 when the committee invited public suggestions on the bill. However, in complete disregard to the various concerns raised from different quarters, TNR said the controversial Bill was passed in Lok Sabha, which would have far-reaching consequences.
TNR said it only strengthened its resolve to continue fight to protect “our land and resources, recognizing the responsibility that we have borrowed our land and resources from our future generations”.
The Bill proposes to exempt forest land situated within 100 km along the international borders to be used for linear projects of strategic importance concerning national security. The central government can use any part of forest land that falls under the 100-km exemption for any project by giving it a national security tag.
TNR said the Ministry of Environment, Forest and Climate Change’s clarification to the concerns on the 100-km exemption confirms that when it comes to national security vs indigenous tribal rights, the former would prevail.
According to TNR, the Ministry stated that the clause is “not generic” and would only be given to strategic projects approved by the Ministry of Home Affairs and Ministry of Défense. Ministry also added that the permissions given would “be need-based, i.e., may be used within 5 kilometers or 10 kilometers.”
TNR said that nowhere in the Bill did it mention that 100-km exemption would not be applicable in certain states or that it could be less than the 100-km. Therefore, in whatever way it is interpreted, TNR said the whole territory of states such as Nagaland will come under the purview of the Bill.
If the Bill becomes law, TNR said it would tantamount to a breach of faith as it violates Article 371A of the Constitution. TNR said the Centre “conveniently forgets” that Article 371A was an outcome of a political agreement.
“If constitutional rights emerging from political agreements can be unilaterally altered by one of the parties to the agreement, the message is clear, the central government does not respect any political agreement,” TNR said.
Similar to Armed Forces Special Powers Act (AFSPA), which gives special powers to the Indian armed forces, TNR said the Forest Bill would empower the Centre to use any part of the territory of Nagaland in the name of national security. “Till today, it was about our lives, now it is about our land and resources and tomorrow it will be about our culture and traditions,” TNR said, adding that the Centre has been “relentless in its effort in taking away our rights.”
Stating that for indigenous people, their identity and culture were deeply rooted in their land and forest, TNR said “If we don’t fight for our rights today, we will lose our land and resources forever.”
TNR cautioned that one day “our children will ask why we remained silent when our rights over land and resources were taken away from us.”