DIMAPUR, September 10 (MExN): The Forest Conservation Amendment Act, 2023, is unsafe for Nagaland's unique environment, culture, and rights, stated the Global Naga Forum (GNF). The GNF held a virtual discussion on the Amendment on September 9 where a panel of experts sounded the alarm on its potential ramifications on Naga lands.
The Amendment, while revoking the protective provisions of the erstwhile FCA, 1980, allows the Central greater say in matters concerning forest use “though land ownership remains with the state government.” The Amendment has to be quashed and “instead, the Forest Rights Act, 2006 (FRA, 2006) needs to be ratified and implemented in letter and spirit,” stated a media release from the GNF.
The discussion featured insights from three distinguished speakers, Dr. Walter Fernandes, a renowned scholar, and Shankar, a prominent Environmentalist, who joined Supreme Court Advocate Shomona Khanna, an expert on forest rights, for a comprehensive examination of the situation.
It revolved around the 2023 Amendment to the FCA and its potential impact on land and resource management in Nagaland vis-à-vis the complex legal landscape surrounding Nagaland's autonomy and the coexistence of central and state forest laws and the way forward. The release said, “They stressed the need to balance community control with state involvement in forest management.”
Advocate Khanna highlighted the crucial role of Article 371A, which gives 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 has been a subject of debate,” it said.
One of the most pressing concerns addressed was the reduction of safeguards to community-owned forests in Nagaland, potentially leading to adverse consequences for local communities, both socially and environmentally. It is estimated that around 95 percent of the forests in Nagaland are owned by the community, not the state.
It quoted Khanna emphasising significance of the FRA, 2006, which grants communities the right to protect, conserve, and manage their traditional community forest resources, aligning with Nagaland's community-owned forests.
“To truly safeguard Nagaland's unique natural heritage and empower its communities, there is no alternative,” it said, while stating that the future of Nagaland's forests and the rights of its communities hinge upon the genuine enforcement of Section 3(1)(i) of the FRA, 2006. This section of the FRA “stands as the cornerstone of equitable forest governance and the preservation of cultural and environmental wealth,” it maintained.
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