Laws governing forests of the Northeast

Source: The post is based on the article “Laws governing forests of the Northeast” published in “The Hindu” on 6th September 2023.

Syllabus: GS3- Environment – environment conservation

News: The article discusses concerns over the Forest (Conservation) Amendment Act, 2023, which allows diversion of forest land near India’s borders without clearance. Special constitutional protections in Northeast India like Article 371A for Nagaland and 371G for Mizoram can restrict certain central laws, including forest-related ones.

What is the controversy about the new act?

Amendment Details: The Forest (Conservation) Amendment Act, 2023 is at the center of controversy. It permits the diversion of forest land within 100 km of India’s international borders for projects without the typical forest clearance.

Area of Concern: A significant portion of Northeast India, including states like Mizoram, lies within this 100 km range, making them directly affected by the amendment.

Mizoram’s Opposition: The Mizoram Assembly unanimously passed a resolution opposing this amendment, aiming to protect the rights and interests of its people.

Constitutional Protections: Northeastern states like Nagaland and Mizoram have special constitutional protections (Article 371A and 371G) that can restrict certain central laws. This creates potential clashes with the new amendment.

Widespread Discontent: It’s not just Mizoram. States like Tripura and Sikkim, which are governed by the ruling party or its allies, also expressed concerns and opposed the 100-km exemption clause in the amendment.

Is the Forest Conservation Act (FCA) relevant to Northeast India?

The FCA, established in 1980, governs the diversion of forest lands for non-forest purposes.

Relevancies of FCA are:

Special Protections: Northeastern states like Nagaland and Mizoram have constitutional protections (Article 371A and 371G) that can restrict some central laws.

Nagaland’s Stance: Although Nagaland once extended the FCA to government forests, it was later deemed non-applicable due to lack of resolution.

Mizoram’s Position: When Mizoram became a state in 1986, all Central Acts including FCA were extended to it, covering 84.53% of its notified forests.

Other States: The FCA is applicable in Meghalaya, Tripura, the Sixth Schedule Areas within these States, and in Arunachal Pradesh, Sikkim, and Manipur, with varying extents of FCA clearances.

What is Recorded Forest Area (RFA)?

Definition: RFA refers to lands that are recorded as forests, regardless of their official classification or ownership.

Coverage: Over half of the Northeast region is categorized as RFA.

Types: RFAs include notified forests and unclassed forests (forests not officially categorized).

Supreme Court Ruling: In 1996, the court expanded “forest land” under the FCA to cover areas recorded as forests in government records, broadening the FCA’s reach to unclassed forests.

Distribution in Northeast: Percentages range, with Assam at 34.21% and Sikkim at 82.31%. Other states like Mizoram and Nagaland have 35.48% and 53.01% RFA, respectively.

How does the FRA Act impact the Northeast region?

The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act (FRA) 2006 includes various forest classifications, from unclassified to national parks.

Rights Recognition: FRA acknowledges specific rights under state laws, customary laws, and tribal traditions.

Northeast’s Stance: While FRA benefits Northeast due to sizable unclassed forests, only Assam and Tripura have implemented it. Other states claim it’s irrelevant due to existing land ownership structures.

Mizoram’s Shift: Initially, Mizoram extended the FRA in 2009 but retracted in 2019, citing irrelevance as no claims for rights emerged.

What can be done to protect forests?

Measures to Protect Forests:

FRA Implementation: The Environment Ministry, in 2009, emphasized the importance of implementing the Forest Rights Act (FRA) and obtaining prior informed consent from the Gram Sabha before admitting a forest diversion proposal.

Role of District Collector: The District Collector, who heads the committee issuing FRA titles, was tasked with ensuring FRA compliance during the forest clearance process.

Shift in 2022: The Ministry’s 2022 Forest Conservation Rules altered the process, asking states to ensure FRA compliance only after final approval for forest diversion.

State’s Responsibility: States can ensure mandatory FRA fulfillment and Gram Sabha consent before any forest land is handed over for non-forest purposes.

Tribal Affairs Ministry’s Role: This ministry can recognize and settle forest rights when forests are diverted, reinforcing legal security for forest-dwelling communities and forest protection.