Experts have sounded the alarm bell about the potential ramifications of the 2023 amendment to the Forest Conservation Act (FCA) on Nagaland’s unique environment, culture, and rights.
According to Global Naga Forum (GNF), experts in a virtual panel discussion organised by the forum on Saturday, contended that the amended Act, which was an amendment to the Forest Conservation Act, 1980, was dangerous for Naga lands and should be rejected. Instead, they called for ratification and implementation of the Forest Rights Act (FRA), 2006 in letter and spirit.
GNF said that the discussion featured insights from renowned scholar Dr Walter Fernandes, prominent environmentalist Shankar and Supreme Court advocate and forest rights expert Shomona Khanna.
They said Nagaland must unequivocally embrace the transformative potential of Section 3(1)(i) within the FRA. They stressed that this pivotal section should not only be ratified but also diligently and wholeheartedly implemented.
According to them, the future of Nagaland’s forests and the rights of its communities hinged upon the genuine enforcement of Section 3(1)(i) of the FRA. It was not just a legal provision, but a beacon of hope for the indigenous and traditional forest-dwelling communities who have stewarded these lands for generations.
To truly safeguard Nagaland’s unique natural heritage and empower its communities, they insisted that there was no alternative, but embracing and faithfully implementing Section 3(1)(i) of the FRA, as it stood as the cornerstone of equitable forest governance and the preservation of cultural and environmental wealth.
Article 371A- Nagaland’s legal sanctuary: The forum said that Khanna highlighted the crucial role of Article 371A in the Indian constitution, which granted special provisions and autonomy to Nagaland. She pointed out that this constitutional sanctuary recognised the distinctiveness of Nagaland’s historical and social context.
She emphasised the importance of the “non obstante clause” within Article 371A, which gave precedence to its provisions over other parts of the Indian constitution. However, she also pointed out the need for clarity, as the clause’s interpretation had been a subject of debate.
Impact on land and resources: The heart of the discussion revolved around the 2023 amendment to the FCA and its potential impact on land and resource management in Nagaland. Khanna said the amendment introduced exemptions that could weaken the protection provided by FCA, 1980.
Specifically, certain categories of land had been removed from the FCA’s purview, allowing projects to gain approval directly from the state government without Central government’s involvement. Additionally, certain activities no longer required Central government forest approval, though land ownership remains with the state government.
Community forests at risk: One of the most pressing concerns addressed was the potential vulnerability of community-owned forests in Nagaland. With a staggering 95% of Nagaland’s forests falling under community ownership, the experts cautioned that FCA amendment could strip away essential protections, leaving these forests exposed.
The amendment’s reduction of safeguards might place these vital ecosystems at risk, potentially leading to adverse consequences for local communities, both socially and environmentally.
FRA a potential safeguard: Khanna emphasised the significance of the FRA in protecting community forests and the rights of forest-dwelling communities. She mentioned that his Act granted communities the right to protect, conserve, and manage their traditional community forest resources, aligning with Nagaland’s community-owned forests.
Legal complexities and the way forward: The panel discussed the complex legal landscape surrounding Nagaland’s autonomy and the coexistence of Central and state forest laws. They stressed balancing community control with state involvement in forest management.
In conclusion, the experts urged stakeholders to pay close attention to the evolving legal landscape and its implications. They called for proactive measures to safeguard the state’s environmental legacy, protect community rights, and ensure equitable resource distribution.
As Nagaland’s environmental heritage hung in the balance, the experts stressed that the time for action was now. They said the FCA amendment’s potential consequences required vigilant advocacy, collaboration, and the preservation of Nagaland’s unique identity within the Indian union.