Note4Students
From UPSC perspective, the following things are important :
Prelims level: Forest (Conservation) Amendment Bill, 2023
Mains level: Issues with the Bill
Central Idea
- The Mizoram Assembly passed a resolution opposing the Forest (Conservation) Amendment Act, 2023, to safeguard the rights and interests of the people of Mizoram.
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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