In recent times, the Assembly of Mizoram passed a resolution against the Forest (Conservation) Amendment Act (FCA), 2023. This has highlighted the ongoing challenges pertaining to forest conservation and tribal rights in Northeast India.
Concerns Raised by the North Eastern States Against FCA
The FCA 2023 allows forest land diversion for projects located within 100 km of India’s international borders without requiring forest clearance under the FCA 1980. This impacts most of Northeast India that falls within the said 100 km range, thereby raising concerns about environmental impact and infringement on tribal rights.
Forests lacking official classification are not protected under this amendment. Until 1996, the provisions of the FCA applied only to declared or notified forests, and to forests recorded in government records post 25th October 1980. Areas devoid of official forest classification are not safeguarded against commercial exploitation or any other form of diversion.
State Opposition to the Amendment
Mizoram and Tripura, opposing the amendment, have passed resolutions to protect the rights and interests of their people. Nagaland is facing demands to follow suit, while Sikkim too has opposed the 100 km exemption clause.
Unclassed Forests: A Significant Proportion of Northeast Forests
A substantial part of Northeast forests are privately owned either by individuals, clans, village councils, or communities. These ownership rights are guaranteed by the Constitution to tribal communities. More than half of the Recorded Forest Areas (RFA) in the Northeast come under “unclassed forests”, which are not notified under any law. Hence, these large areas of unclassed forests would be excluded from this Act unless they are included in government records.
Forest Protection Measures in North East India
The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act (FRA) 2006 provides protection to various types of forest lands, including unclassified forests.
Special Constitutional protections under Article 371A (Nagaland) and 371G (Mizoram) prohibit the application of laws that affect tribal customary law, land ownership, and transfer without resolutions from the State Legislative Assemblies.
Forest Rights Act (FRA) 2006 & Its Role
The Forest Rights Act (FRA) recognizes traditional forest rights in various forest types, including unclassed forests, offering an extra layer of protection for tribal communities. However, most Northeastern states, except Assam and Tripura, have not implemented the FRA due to reasons such as land ownership patterns and lack of forest-dependent communities.
Constitutional Articles Offering Exemptions to Northeastern States
Certain constitutional provisions provide exemptions to the Northeastern States. Article 371A (13th Amendment Act, 1962) refers to Nagaland, restricting the Parliament from legislating on matters related to Naga religion, social practices, customary law and procedure, administration of civil and criminal justice based on Naga customary law, and ownership and transfer of land without the state Assembly’s approval.
Article 371G (53rd Amendment Act, 1986) pertains to Mizoram and prohibits the Parliament from making laws on “religious or social practices of the Mizos, Mizo customary law and procedure, administration of civil and criminal justice involving decisions according to Mizo customary law, ownership and transfer of land unless the Assembly decides.”
