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FCA will infringe upon Art 371 (A): NH

The Naga Hoho (NH) has strongly opposed the recent passage of the Forest (Conservation) Amendment Bill, 2023 by the Parliament. The hoho in a statement alleged that the regressive legislation would infringe upon the constitutional protections guaranteed to Nagaland by Article 371 (A) of the Constitution of India and posed a threat to the rights and heritage of the Scheduled Tribes (STs).


It claimed that Article 371 (A) acknowledged the distinct cultural identity and historical legacy of Nagaland, safeguarding its autonomy and traditional practices.
Additionally, it pointed out that relevant Acts and regulations existed to protect the rights and well-being of the STs across the country.


However, the NH said the Forest (Conservation) Amendment Bill, 2023 had set off alarm bells across tribal communities. Under the guise of protection, it alleged that the Bill expanded the state’s reach into the heart of the traditional way of life.


“It opens doors to excessive government control over forests and lands, raising concerns that these precious resources may fall prey to the interests of private capitalists, exploiting and extracting the natural riches in the name of development,” the statement pointed out.


The hoho said it firmly believed that the government’s claim of protecting forests through such measures was a smokescreen for allowing commercial interests to prevail over the well-being and rights of the people.
It declared that any policy that disregarded such concerns and aspirations in the name of development was an affront to the principles of justice and equity.


Mentioning that the legislation reflected a disregard for the sanctity of tribal practices and was an erosion of autonomy, the hoho said it was deeply concerned about the potential fallout from this Bill, which stood in stark contrast to the age-old community initiatives aimed at conserving the forests.


According to the NH, it was crucial for the government to recognise that tribal communities, particularly the Nagas, had been the custodians of forests through community-led initiatives deeply rooted in their culture. It insisted that these practices must be respected and nurtured, rather than being undermined by the ill-conceived legislation.


Further, the hoho also denounced the government’s ulterior motives in potentially converting the region into a “security zone” under the pretext of national security. It warned that such a move, purportedly for security reasons, ran the risk of sidelining the economic prosperity and focusing solely on a security-centric approach.
It emphasised that the economic and developmental aspirations of the region must not be overshadowed by security concerns.


The hoho called upon the state government to safeguard the constitutional rights and the rich heritage of the Nagas, demanding that the state legislate to ensure that this harmful amendment did not get a foothold in Nagaland.


It also reiterated its commitment to preserving the Naga way of life and ensuring that the rights and aspirations of the Naga people were respected.