Not about forests

People in hill states and regions across India have expressed deep apprehension regarding the Forest (Conservation) Amendment Bill 2023 passed by both houses of parliament in the recent monsoon session as it would greatly empower the Centre to override the authorities of states over forest lands. The amended Act exempts many activities from requiring forest clearances, including those in forest lands of up to 0.10 hectares alongside roads and rail lines and construction of defence-related or public utility projects. The amended Act will also exempt forest lands within 100 kilometres from the international border / Line of Control / Line of Actual Control from requiring the nod from states for strategic linear projects. That 100-km range from the international border with Myanmar easily covers entire Nagaland including other north eastern states. Several legal experts in the know about forest acts in India, maintained that the FCA 2023 will negate the impact of a landmark Supreme Court order of 1996 – known as the Godavarman judgment – that has since been the touchstone of forest conservation in the country. The experts believe that the amended Forest Conservation Act 2023 contradicts The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 and The Panchayats (Extension to The Scheduled Areas) Act, 1996 by not defining strategic linear projects or addressing the requirement for people’s consent to access certain lands. The amended Act empowers the Centre to decide on using lands belonging to communities had fueled deep suspicions. It has been objected by all tribe hohos, NGOs and various non-NDA political parties in Nagaland who demanded that the NDPP-BJP led oppositionless government pass a resolution in the house to protect the status of ownership of land as contained under Article 371A. Besides legislature party leader Kuzholuzo (Azo) Neinu, the latest to join the chorus against the Act is NPF president and former chief minister Dr. Shürhozelie Liezietsu. The intent and urgency shown in having the Amended Act passed by the NDA government despite strong disapprovals from various political parties, NGOs and legal experts, lends credence to suspicion that there is more than meets the eye. The state government has practically very little forest under its control while the vast greenery, shrubbery or vegetation and small patches of dense forest are owned either by community or individuals. Forest is not only trees or vegetation and it would be pertinent to note that Nagaland has substantial oil and natural gas resources including various minerals and including uranium in certain areas. It would stand to reason that these areas are not required for defence since the security forces occupy substantial areas for establishing battalion headquarters or cantonments. One of the factors that has erupted in Manipur is about denuded forest lands which are believed to contain some precious metals. Once the Act is applied, individuals or community or even the state would likely sell off the prospective lands to the highest bidder. There is speculation what is to be done to these lands falling within 100 kilometers from the international border with Myanmar or LAC with China etc? There are oil, gas, minerals and precious metals in the hills and that is probably the reason why the NDA government at the Centre wanted to push it through. Only time will unravel the facts.