How the New Forest Law May Impact Northeast India
It Poses Risks to the Region’s Ecological and Socio-Cultural Landscapes
Newsreel Asia Insight #126
Feb. 9, 2024
The Forest Conservation (Amendment) Act, 2023, or FCAA, which faces criticism for favouring corporate interests over forest communities, especially threatens the northeastern states of India. This is due to a provision allowing the diversion of forest land for certain projects without forest clearance under the Forest Conservation Act, 1980 (FCA).
The amendment lets forest land be used for roads, railway lines, or “strategic linear projects of national importance and concerning national security” within 100 km of India’s borders, without needing FCA 1980 clearance. This is worrying for the Northeast, as most of it is within this 100 km zone.
States like Nagaland and Mizoram have special protections. These protections stop any law from Parliament that affects their land laws and resources. Yet, the amendment sidesteps these by allowing land diversions without state assembly resolutions.
In Nagaland, most forests are not under the FCA because the state’s legislative assembly has not passed a resolution to apply the law to these areas since the act was introduced. This means that the legal protections and regulations provided by the FCA do not apply to most forested lands in Nagaland. But now, the central government can have access to these forested land. Mizoram, however, has applied the FCA, covering much of its forests.
The exemption under the FCAA could lead to widespread deforestation and ecological harm in a region known for its biodiversity.
To protect its people’s rights, the Mizoram Assembly has passed a resolution against the amendment.
Manipur, rich in diverse forests, is also at significant risk under the FCAA. Sharing a border with Myanmar, it falls mostly within the 100 km exemption zone. This threatens its ecological balance.
Manipur’s forests are vital for its indigenous communities, culturally and economically. The amendment could disrupt their lives and livelihoods. It also poses a risk to rare species and the state’s unique biodiversity.
The ongoing ethnic violence in Manipur since May 3, 2023, which has resulted in over 200 deaths, was also due to land disputes.
Meghalaya, with its dense forests and living root bridges, could also suffer. Its border with Bangladesh puts much of its forest land under the exemption. This could create a conflict between development and conservation. The forests are crucial for water security. Their loss could affect agriculture and water supply. Indigenous communities in Meghalaya could see their rights and traditions threatened. The loss of forests could erase cultural heritage linked to conservation.
Sikkim, too, faces a significant threat from the amendment. Its borders with China, Nepal and Bhutan put its forests at risk. These forests are key to the Himalayan ecological balance and local livelihoods. The amendment could harm Sikkim’s environment and its status as India’s first organic state. This might also affect its tourism industry.
Tripura, next to Bangladesh, is at risk as well. Its forests, home to diverse species, could be diverted for projects. This could reduce forest cover, harming biodiversity and ecological balance. It could also affect the tribal communities that rely on these forests for their livelihood and culture.
The FCAA and its implications call for greater dialogue and consultation between the central government and the northeastern states, consultations with local communities because the issue directly affects their lands and livelihoods.
