NLA passes resolution on Forest Amendment Act

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Lingo hints at trying not to offend Delhi

Morung Express News
Kohima | September 15

The Nagaland Legislative Assembly (NLA) adopted a resolution on September 14 counteracting the Forest (Conservation) Amendment Act, 2023. However, the NLA’s resolution was not as straightforward as the Mizoram Assembly’s, which specified the latter’s opposition in clear terms without resorting to obscure legal lingo.

The NLA resolution read, “This 14th House of the Nagaland Legislative Assembly hereby resolves that the Forest (Conservation) Amendment Act, 2023 will only be applicable to the State subject to the constitutional guarantees provided in Article 371-A of the Constitution of India.” It implied that the amended Act would only be applicable to Nagaland on the condition that its implementation adheres to the constitutional safeguards outlined in Article 371(A). 

The resolution, moved by the Minister of Environment, Forest and Climate Change, CL John stated that the term “land and its resources” mentioned in Article 371 (A) include forest lands, including community-owned forests and its resources. While stating that the application of Section 1 (A) (2) of the amended Act to Nagaland would jeopardise the existing rights of tribal communities on their forest lands and its resources, it demanded the assurance of the Government of India that the latter will not use the amended provision to the detriment of Nagaland and its people.  

The amendment deregulated lands and forests falling within 100 km of the international borders for non-forest use, especially the construction of strategically significant linear projects. 

For perspective, almost entire Nagaland falls within 100 km of the international border.

The resolution further proposed exploring alternatives, including the enactment of a state-specific legislation, incorporating compensatory mechanism, ensuring any diversion of private or community-owned forest land for non-forestry purposes is suitably compensated by the “user agency,” in addition to availing the benefits of existing Central government schemes.

14th NLA 2nd session adjourned sine-die

Our Correspondent
Kohima | September 14
Nagaland Legislative Assembly (NLA) speaker Sharingain Longkumer today adjourned the second session of the 14th NLA sine-die after completing all the assembly proceedings from September 11 to 14.
The House passed five government bills and adopted four government resolutions, the speaker said in his remark on the last day of the session, today.
In the three-day session, apart from question hour, he said, “We could transact several other discussions on subject of paramount importance to our state including matter of urgent public importance, which require urgent attention of the government.”

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