Kohima: In a virtual panel discussion hosted by the Global Naga Forum, esteemed experts expressed profound concerns about the potential repercussions of the 2023 amendment to the Forest Conservation Act (FCA) and its impact on Nagaland’s distinctive environment, culture, and indigenous rights.
The amended Forest Conservation Act, 2023, has ignited a firestorm of debate, with experts contending that it poses significant risks to Nagaland’s lands and communities. Instead, they fervently advocated for the ratification and unwavering implementation of the Forest Rights Act, 2006 (FRA), as a means of safeguarding the region’s unique natural heritage.
The panel discussion, featuring insights from Dr. Walter Fernandes, a renowned scholar, Mr. Shankar, a prominent environmentalist, and Supreme Court Advocate Ms. Shomona Khanna, an expert in forest rights, dissected the situation comprehensively.
Central to the debate was Section 3(1)(i) of the Forest Rights Act, 2006, hailed as the linchpin of equitable forest governance and the preservation of cultural and environmental wealth in Nagaland. Advocates contend that the genuine enforcement of this provision is indispensable to the future of Nagaland’s forests and the rights of its communities.
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Ms. Khanna underscored the crucial role of Article 371A within the Indian Constitution, which grants special provisions and autonomy to Nagaland. She pointed out the “non obstante clause,” which prioritizes the provisions of Article 371A over other parts of the Constitution but called for clarity regarding its interpretation.
The heart of the discussion revolved around the 2023 FCA amendment and its potential repercussions for land and resource management in Nagaland. Experts expressed concerns that the amendment introduces exemptions that could weaken protections provided by the FCA, 1980, particularly with respect to land ownership and approval for certain projects and activities.
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One pressing concern raised was the vulnerability of community-owned forests, which make up a staggering 95% of Nagaland’s forested lands. The 2023 FCA amendment may reduce essential safeguards, potentially jeopardizing these vital ecosystems and posing adverse consequences for local communities.
Ms. Khanna emphasized the Forest Rights Act, 2006, as a potential safeguard for community forests and the rights of forest-dwelling communities, aligning with Nagaland’s community-owned forests.
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The panel acknowledged the complexity of Nagaland’s legal landscape, emphasizing the need to strike a balance between community control and state involvement in forest management.
In conclusion, the experts called upon stakeholders to closely monitor the evolving legal framework and its implications, urging proactive measures to preserve Nagaland’s environmental legacy, protect community rights, and ensure equitable resource distribution. As the fate of Nagaland’s environmental heritage hangs in the balance, they stressed the urgency of advocacy, collaboration, and preserving Nagaland’s unique identity within the Indian union.
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