Forest (Conservation) Amendment Act is ‘draconian’ & unacceptable, asserts NTC

August 17, 2023 38 Views No Comment

For immediate Assembly Session to adopt resolution against of the Act

Kohima, August 17 (MExN): The Nagaland Tribes Council (NTC) today expressed deep concern over the passing of the Forest (Conservation) Amendment Act, 2023 in the Parliament and termed it “more of draconian and communist laws rather than the law of federalism” and unacceptable.

It is a “sombre” on the land holding system provided under Article 371A of the Constitution of India to the people of Nagaland, the NTC stated in a press release, while calling to a special Assembly Session to adopt resolution against of the Act.

In a press statement, the NTC noted that the Act seeks to exempt land within 100 kms of the country’s borders from the purview of conservation laws and permit setting up of zoos, safaris and eco-tourism facilities in forest areas.

“This covers the entire territorial jurisdiction of the present State of Nagaland, as if, the entire area is nobody’s land,” it asserted.
Accordingly, if enforced, it will completely deprive the rights of ownership and transfer of land and its resources of the native people which is against the provision of Article 371A, it added.

The Council further argued that the 2023 Amendment is “highly objectionable as it is at the costs of the land holding system in Nagaland.”

“Within the radius of 100 kms Government of India will take any forested land without any permission from the landowner(s) and Village Council(s),” it maintained, adding that the land and the forest would be at the “mercy of the Central Government only to serve their own interest.”

In this connection, the NTC argued that Amendment Act was “done undermining the right and privileges of its citizens under law with hidden agenda, and is very serious in nature and hence unacceptable.”

In a democratic country like India, land belongs to the people rather than State as in the case of communist countries. Article 300A of the Constitution of India “Right to property” further enumerated that, “Persons not to be deprived of his property save by authority of Law.” Nagaland is not an exception, it stated.

As the 2023 Act is amendment of the Principal Act of the Forest (Conservation) Act 1980, the citizens of the state are duty bound to know as to whether any correspondence is made earlier on the Applicability of Forest (Conservation) Act 1980 from the State of Nagaland to the Central Government, the NTC underscored.

How far the State is serious about the protection of the constitutional provisions under Article 371A, it further posed.

The Article 371A of the Constitution of India is the only protective law and inherent rights bestowed upon the people of the State and protection from the exploitation from outsider(s), it stated.

Let us not attempt to rewrite the history of the state of Nagaland and the land holding system vis-a-vis or not tamper with it so that the future generations of the Nagas are not deprived of their fundamental rights, it added.

To this end, the NTC strongly urged upon the Government of Nagaland to summon a special State Assembly Session as immediately as possible and adopt a resolution to that effect against “implementation of the Forest (Conservation) Amendment Act, 2023” in the State as per the provision of Article 371A of the Constitution of India.