NPF outrightly rejects amended FCA; for special NLA session to discuss issue

Kohima, August 7 (MExN):  The Naga People’s Front (NPF) party today announced its “outright” rejection of the newly amended Forest Conservation Act 2023 and termed it as “anti-tribal and anti-constitutional.”

In this connection, the party made a strong recommendation to the Government of Nagaland (GoN) to “immediately pass an act/resolution that flatly rejects the amended Act,” in exercise of Article 371(A).

The GoN  must convene a special Assembly session or take up this issue in the upcoming Assembly Session which is scheduled from September 11 to “deliberate and pass an act to counteract the Bill,” asserted a statement issued by Kuzholuzo (Azo) Nienu, the Leader of NPF Legislature Party.

Similar action has been taken during Dr SC Jamir’s government when Imsungit Jamir was the Forest Minister, he maintained.

Sharing his view on the issue, Azo noted that the FCA Amendment Bill 2023 introduced by the Union Ministry of Environment, Forest and Climate Change Bhupender Yadav has been cleared from both the houses of parliament despite several objections from different corners of the country, looks good at face value. 

Among others, the Union Government has stated that the amended Act would “ensure and promote sustainable forest development in order to meet the economic, environmental and social needs of present and future generations.”

Further, it removes the ambiguity surrounding the definition of the term “forest” while  amendment included a preamble that seeks to harness the country’s rich tradition of preserving forests and bio-diversity to tackle the climate change.

The above objectives seem laudable till one sees the exemption clause – the Act exempts projects related to economy and security of national importance within 100 km of international borders, the Leader of NPF Legislature Party stated. 

 Such projects would no longer require forest clearance as it removed the 1980 Act’s restrictions on creating infrastructure in the reserved forest areas, he pointed out. 

In other words, under this new amendment, both protected and unclassified forest areas can be encroached in the pretext of aiding national security and creating livelihood opportunities for those living in proximity with the forest covers, he added. 

While noting that infrastructural and industrial developments are inevitable, Azo further contented that by allowing such activities as creation of check posts, fire lines, eco-tourism facilities, safaris, silviculture, exploration, dams, seismic surveys, etc., instead of preserving forest lands “concerning which we are so proud,” they are just made more vulnerable for damage and destruction.

The NPF party’s apprehension is not without a basis, he maintained, pointing out that the Supreme Court in “February 2019 attempted the eviction of millions of tribals from the forest areas.”

“The Forest Rights Act 2006 to protect the above category of people hardly succeeded in providing security of life and shelter against the capitalist driven forces,” he said. 

“Though it did not affect the North-East India much, it has already set a tone that forest and wild life concerns can be politicised for other national and commercial interests,” he added. 

Azo further argued that the present Act substantiates the fear of the people, especially the stakeholders – the tribal lands in the NE which is surrounded by international border. 

He further underscored that while  Mizoram extended the Forest Rights Act after its legislative assembly cleared it in 2009 as required under Article 371 (G) while Nagaland Legislative Assembly (NLA) with similar requirement under Article 371 (A), is yet to decide “whether it wants this law although a committee has been looking into it for years.”

Issues flagged 
The Leader of NPF Legislature Party stated that the amended FCA undermines the power of the State Government “through and through” as the Union Government has the “first and the last say on everything related to forest.”

Prior to the amendment, the State Government had to  get a prior approval of the Union Government to assign forest land to any entity not owned or controlled by the government, however, with the present amendment, the former government cannot assign any forest area to any entity without the approval of the latter, he claimed. 

In addition, the Union Government can take away any portion of the forest land for their projects, he highlighted.

Azo further argued that such provision “definitely make a mockery of the article 371(A)” and directly comes into conflict with the constitutional safeguard guaranteed to Nagaland State.

Instead of the Union seeking the approval of the State to implement any of the Bill/Act in Nagaland, now the State Government will have to seek to approval from the Union Government, he said, making the whole of Nagaland vulnerable.

“In general, as has been debated all over the country, this Act stands as a threat to tribal lands – a land from which we got our history, culture and identity,” Azo pointed out. 

 It can either fall into the commercial trap anytime or turn into a militarised zone in the name of national security, he added. 

The Leader of NPF Legislature Party further argued that preamble of the Act pays lip service to the traditional methods of preserving forest and bio-diversity. 

“Instead of learning from tribal dominated states like Nagaland on preservation of forest and bio-diversity, it is trying to impose a blanket Act without any exception or exemption,” he added.