Nagaland Legislative Assembly thoroughly deliberates Forest Conservation Amendment Act

KOHIMA — As expected, the Nagaland Legislative Assembly (NLA) thoroughly deliberated the contentious Forest Conservation (Amendment) Act 2023, when the second session of the 14th NLA commenced in Kohima on Monday.

The three-day monsoon session of the NLA will conclude on Thursday, with a recess on Wednesday.

Chief Minister Neiphiu Rio said that as discussed in the recent consultative meeting with the CSOs and tribal hohos, it is appropriate to pass a resolution to exempt the state from the purview of the Act.

For acquiring any land for development, the provision of the relevant state laws will continue to apply as it has been, he said, adding that no land within the state can be taken unilaterally.

The state government and people should be ready to provide land for any developmental activities, particularly in the national interest or national security. In the event of community or private land being required for such purposes, the state should be compensated suitably for the loss of forest cover and damage to environmental security in addition to compensation of land, he said.

Rio pointed out there is no legislation for compensation which is why others took advantage of “our ignorance” and urged for the passing of appropriate laws of compensation for the benefit of the people.

The new act is applicable only to government-owned land, which is approximately 5% of the total forest land in the state. He further told the state Forest department to identify and clarify to the people what comes under the purview of the Act.

Land and forest belong to the people; this has been recognised by the British and by the GoI under Article 371A, but for too long, because of the Naga political movement, we are not doing what we need to do, he added.

Nagaland map update

Rio also said that so many Naga villages have come up and administrative centres created but are still outside the Nagaland map even after the 60th year of statehood.

Despite having discussed at various levels, the state map has not been updated, he said while questioning the departments for the failure.

Pointing out that the reserved forest area under the disputed area belt, totalling 1,56,711.53 hectares is not included in the map, he sought withdrawal of the present state map and inserted records with details.

Leader of NPF Legislature Party, Kuzholuzo Nienu, said the amendment has weakened the central forest laws on protection and environment, conferring full powers over the use of forest land irrespective of ownership to the central government within a 100 km radius from LAC or international boundaries for strategic linear projects of national importance and concerning national security.

He pointed out that under this new amendment, both protected and unclassified forest areas can be encroached on the pretext of aiding national security and creating livelihood opportunities for those living in proximity to the forest covers.

“It is true that infrastructural and industrial developments are inevitable. However, by allowing such activities as the creation of check posts, fire lines, eco-tourism facilities, safaris, silviculture, exploration, dams, seismic surveys, etc., instead of preserving our precious forest lands, concerning which we are so proud, they are just made more vulnerable for damage and destruction,” Nienu warned.

He said the Act undermines the power of the state government since the central government has the first and the last say on everything related to forests. It may be noted that the forest is a part of the Concurrent List.

The state government cannot assign any forest area to any entity without the approval of the central government whereas the central government can take away any portion of the forest land for their projects, he said.

“This will definitely make a mockery of the article 371(A). It directly comes into conflict with the constitutional safeguard guaranteed to Nagaland state through Article 371(A),” he added.

Neinu also mentioned that documents from the Union Forest Ministry, Ministry of Home Affairs, Government of India including that of Law and Justice, are proof and evidence that the state is not exempted till such a time it rejects it in the august House.

“Our rights under 371A may be interpreted to become subservient to national security. The writing on the wall must be clearly seen. Article 370 was simply removed,” he said.

He added that NLA must come out clearly not to accept the Act or the amendment of 2023 thereof.

It must put an agreement in black and white between the Government of India and the Government of Nagaland, because the rights of the Nagas can and will be established only through written agreement, he said.

While terming the law as anti-tribal and anti-constitutional, he moved the House to pass a resolution rejecting the FC Act 2023 in toto during the 2nd session of the 14th NLA.

BJP President and Minister Temjen Imna Along also extended support to the resolution to exempt the state from the purview of the Act.

He further said that the BJP has always given recognition to the tribals and to the Nagas; it always recognises the aspirations of the Naga people.

NPF legislator Achumbemo Kikon pointed out that land and forest is an integral part of the people. If the land is lost to the government, what do the people have? He asked.

Minister KG Kenye also said that it is beyond the capacity of the state to control the policy of the Government of India. ‘Yet, today, the state is confronted with the nation’s act but why are we scared?’ he asked, adding that it is up to the people of the state to activate and realise Article 371A which is “exclusive” and special.

He added that the people of the state have been sleeping over Article 371A for so long and urged to utilise it.

Meanwhile, NLA speaker Sharingain Longkumer informed the members of the House to bring forth the resolutions for FCA Act 2023 and UCC today, Tuesday.

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Nagaland