Forest Conservation Efforts – NFP, Western Ghats, etc.

Laws governing forests of Northeast India

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Forest (Conservation) Amendment Bill, 2023

Mains level: Issues with the Bill

forest

Central Idea

Why discuss this?

  • The amendment permits the diversion of forest land for certain projects near international borders without forest clearance under the Forest (Conservation) Act (FCA) 1980.
  • Other Northeastern states, including Nagaland, Tripura, Mizoram, and Sikkim, governed by the ruling govt at centre or its allies, have also objected to the 100-km exemption clause.

Forest (Conservation) Amendment Bill, 2023

Objective Clarify and enhance the Forest (Conservation) Act, 1980
Scope Applicability to land designated as forest since 1980
Exemptions Land within 100 km of borders for national security, roadside amenities, and public roads
Assignment of Forest Land Prior approval required from central government for all entities
Permitted Activities Expanded to include check posts, fencing, bridges, zoos, safaris, and eco-tourism facilities

 

Is FCA Applicable to the Northeast?

  • Constitutional protections like Article 371A for Nagaland and 371G for Mizoram prohibit the application of certain laws enacted by Parliament in these states.
  • In 1986, Nagaland extended the FCA’s application to specific forests, but its status remains uncertain due to conflicting ministry statements.
  • Mizoram, since becoming a state in 1986, has the FCA in force, covering a significant portion of its forest areas.

FCA Application in the Rest of the Northeast

  • The FCA is applicable in the rest of the Northeast, including Meghalaya, Tripura, Assam, Manipur, Sikkim, and Arunachal Pradesh.
  • The FCA clearance process differs among these states.

Conclusion

  • Protecting Northeastern forests requires a balance between legal frameworks like the FCA and FRA.
  • Clear guidelines and proactive measures can safeguard both forest rights and the environment in the region.

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