FCA 2023: Nagaland’s environmental legacy at risk — experts

DIMAPUR — Experts have sounded alarm about the potential ramifications of the 2023 amendment to the Forest Conservation Act (FCA) on Nagaland’s unique environment, culture and rights.

A webinar on ‘The Forest Conservation Act Amendment and Naga Lands,’ organised by the Global Naga Forum (GNF) on September 9, featured insights from three distinguished panellists – Dr. Walter Fernandes, a renowned scholar; Shankar Gopalakrishnan, a prominent environmentalist, and Supreme Court advocate and an expert on forest rights, Shomona Khanna.

The amended act (FCA, 2023) is an amendment to the Forest Conservation Act, 1980 (FCA, 1980), which is “dangerous for Naga lands and has to be shot down,” the GNF in a press release stated.

Instead, the Forest Rights Act, 2006 (FRA, 2006) needs to be ratified and implemented in letter and spirit.

“Nagaland must unequivocally embrace the transformative potential of Section 3(1)  within the Forest Rights Act, 2006 (FRA, 2006). It is imperative that this pivotal section be not only ratified but also diligently and wholeheartedly implemented, not as mere words on paper, but as a resounding commitment in action,” the release stated.

The forum also affirmed that the future of Nagaland’s forests and the rights of its communities hinge upon the genuine enforcement of Section 3(1) of the FRA, 2006.

“It is not just a legal provision; it is a beacon of hope for the indigenous and traditional forest-dwelling communities who have stewarded these lands for generations,” it stated.

“To truly safeguard Nagaland’s unique natural heritage and empower its communities, there is no alternative.

“The clarion call is clear: Nagaland must embrace and faithfully implement Section 3(1)  of the FRA, 2006, as it stands as the cornerstone of equitable forest governance and the preservation of cultural and environmental wealth,” the GNF stated.

Article 371A: Nagaland’s legal sanctuary

Khanna highlighted the crucial role of Article 371A in the Indian Constitution, which grants special provisions and autonomy to Nagaland. This constitutional sanctuary recognises the distinctiveness of Nagaland’s historical and social context, it stated.

She emphasised the importance of the “non-obstante clause” within 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.

Impact on land and resources

According to the forum, the heart of the discussion revolved around the 2023 amendment to the FCA and its potential impact on land and resource management in Nagaland. Khanna clarified that the amendment introduces exemptions that could weaken the protection provided by the Forest Conservation Act, 1980 (FCA, 1980).

“Specifically, certain categories of land have been removed from the FCA’s purview, allowing projects to gain approval directly from the state government without central government involvement. Additionally, certain activities no longer require central government forest approval, though land ownership remains with the state government,” the release stated.

Community forests at risk

“One of the most pressing concerns addressed was the potential vulnerability of community-owned forests in Nagaland. With a staggering 95% of Nagaland’s forests falling under community ownership, the 2023 FCA amendment could strip away essential protections, leaving these forests exposed.

“The amendment’s reduction of safeguards might place these vital ecosystems at risk, potentially leading to adverse consequences for local communities, both socially and environmentally,” it stated.

Forest Rights Act (FRA, 2006): A potential safeguard

Khanna emphasised the significance of the Forest Rights Act, 2006 (FCA, 2006) in protecting community forests and the rights of forest-dwelling communities. This act grants communities the right to protect, conserve, and manage their traditional community forest resources, aligning with Nagaland’s community-owned forests.

Legal complexities and the way forward

Further, the panellists discussed the complex legal landscape surrounding Nagaland’s autonomy and the coexistence of central and state forest laws. They stressed the need to balance community control with state involvement in forest management.

“In conclusion, the experts urged stakeholders to pay close attention to the evolving legal landscape and its implications. They called for proactive measures to safeguard Nagaland’s environmental legacy, protect community rights, and ensure equitable resource distribution.

“As Nagaland’s environmental heritage hangs in the balance, the time for action is now. The 2023 FCA amendment’s potential consequences demand vigilant advocacy, collaboration, and the preservation of Nagaland’s unique identity within the Indian union,” the release stated.

Also read: Nagaland Assembly session to begin on Monday, likely to pass resolution against UCC, forest act