The Nagaland Legislative Assembly passed a resolution on the Forest (Conservation) Amendment Act 2023 on 14^th September 2023. Minister for Environment, Forest and Climate Change, C. L John moved the eleven-point resolution on the floor of the House on the third day of the session.

The resolution stated that the Parliament of India enacted The Forest (Conservation) Amendment Act, 2023 and it essentially deals with land and its resources (forests). It said that Article 371(A) of the Constitution provides provision for ownership and transfer of land and its resources.

The amended Act had inserted a new Section, namely, Section 1(A)(2) which exempted from the operation of the principal Act such forest lands situated within a distance of 100 kilometres along international borders, Line of Control or Actual Line of Control as the case may be, proposed to be used for construction of strategic linear project of national importance and concerning national security. However, the above exempted area of 100 kilometres from international borders – will cover most parts of Nagaland where the ownership of most of the forest lands vests with tribal communities.

The resolution said that a consultative meeting with various stakeholders on the subject of Forest (Conservation) Amendment Act, 2023 etc. was held on 1^st September, 2023 where the representatives of the various Naga Tribal Hohos/ Organisations expressed their strong objection to the application of Section 1(A)(2) of Forest (Conservation) Amendment Act, 2023 in Nagaland, on the ground that it was likely to infringe on traditional ownership and usage of forest lands and its resources in the State of Nagaland.

It stated that the House is of the view that the term ‘land and its resources’ mentioned in Article 371(A) include forest lands and its resources and that the application of Section 1(A)(2) of the amended Act to Nagaland would jeopardise the existing rights of tribal communities on their forest lands and its resources.

Therefore, the resolution stated that the 14^th House of the Nagaland Legislative Assembly had resolved that the Forest (Conservation) Amendment Act 2023 would only be applicable to the State subject to the constitutional guarantees provided in Article 371(A) of the Constitution of India. The House further resolved that the Government of India must assure that provisions contained in Section 1(A)(2) of the Forest (Conservation) Amendment Act 2023 shall not be used to the detriment of the state and its people.

It added that the House resolved to explore various options including the State enacting its own Act for the purpose of having its own compensatory mechanism wherein any diversion of even private or community owned forest land for non-forestry purposes and damage to environment is suitably compensated by the user agency, in addition to availment of benefits of the existing schemes of the Central Government in this regard.