Recently Mizoram Assembly has passed a resolution opposing Forest (Conservation) Amendment Act,(FCA) 2023, highlighting the ongoing challenges in forest conservation and tribal rights in Northeast India.
Concerns:
News jungal desk:The FCA Act, 2023 allows for forest land diversion within 100 km of India’s International borders for projects such as roads, railways, or strategic linear projects of National Importance and concerning National Security without requiring forest clearance under Forest Conservation Act 1980.
Most of the Northeastern States falls within 100 km range, raising concerns about the environmental impact and infringement on tribal rights.
Untill 1996, FCA provisions were only applied to the forests that had been declared or notified as forest and as recorded forest areas in government records on 1980.
The areas not officially classified as forests in a government record, even if they are standing forests, will not be protected from commercial exploitation or any other kind of diversion.
Mizoram and Tripura have passed resolutions opposing the amendment, expressing their commitment to protecting the rights and intersts of their people.
Nagaland and Sikkim has also opposed the 100 km exemption clause.
Unclassed Forests:
More than 50% Recorded Forest Areas (RFA) in Northeast falls under Unclassed Forests.These forests are not notified under any law.Different states have different RFA, such as:
97% in Nagaland
88% in Meghalaya
76% in Manipur
43% in Tripura
15% in Mizoram.
A huge portion of forests in Northeast are privately owned, either by individuals or by clans, village councils or communities., enabled by special privilages that constitution guarantees to tribal communities.
These unclassed forests would be excluded from this act unless they are included in government records.
Forest protection in Northeast India:
Schedule Tribes and Other Traditional Forest Dwellers(Recognition of Forest Rights) Act ,2006(FRA):
This Act includes forest lands such as, unclassified forests,undemarcated forests,existing or deemed forests, protected forests, reserved forests, sanctuaries and national parks.
This complied with 1996 Supreme Court decision in Godavarman Case which ruled that any area resembling forest dictionary meaning would be protected under conservation laws.
Forest Right Act 2006( FRA):
It recognizes various forest types, including unclassed forests, providing an additional layer of protection to tribal communities.
Article 371(A) and 371(G):
Special constitutional privilages through Article 371(A) (Nagaland) and 371(G) (Mizoram) prohibit the application of laws that impinge on tribal customary laws, land ownership and transfer without state legislative assemblies’s resolutions.