Context
To protect Mizoram's rights and interests, the Mizoram Assembly passed a motion rejecting the Forest (Conservation) Amendment Act, 2023.
 
Background 
·         The amendment allows forest area to be diverted for some projects near international borders without requiring forest clearance under the Forest (Conservation) Act (FCA) of 1980.
·         Other Northeastern states administered by the current government at the centre or its allies, such as Nagaland, Tripura, Mizoram, and Sikkim, have also protested to the 100-kilometer exception clause.
 
Is FCA applicable to Northeast? 
·         Articles 371A for Nagaland and 371G for Mizoram prohibit the application of certain legislation approved by Parliament in these states.
·         Nagaland extended the FCA's application to particular woods in 1986, but its status remains unclear due to contradictory ministry pronouncements.
·         Mizoram has had the FCA in place since it became a state in 1986, and it covers a substantial amount of its forest regions.
 
FCA Application in the Rest of the Northeast 
·         The rest of the Northeast, including Meghalaya, Tripura, Assam, Manipur, Sikkim, and Arunachal Pradesh, is covered by the FCA.
·         The FCA approval process varies across various states.
 
Recorded Forest Area (RFA) and Unclassed Forests
·         The Supreme Court's 1996 decision broadened the definition of "forest land" in the FCA, including unclassified forests, which comprise a large number of Northeastern forests.
·         RFA in Assam ranges from 34.21% to 82.31%.
·         Unclassified woods are common, with nil in Sikkim and 97.29% in Nagaland.

About the Forest Rights Act (FRA)  
·         The FRA recognises the rights of traditional forest dwellers and extends to unclassified forests.
·         The FRA is being implemented differently in different Northeastern states, with Assam and Tripura being significant exceptions.
·         The FRA can provide legal protection to community tenancy rights over forests.

FRA Implementation Difficulties  
·         The FRA has not been fully implemented in many Northeastern states.
·         The idea that the FRA is meaningless due to current land ownership patterns and a lack of forest-dependent populations are among the reasons.
·         Despite first embracing the FRA, Mizoram eventually considered it irrelevant to the state.
 
Protecting Forests  
·         Before endorsing forest diversion proposals, states might develop methods to assure mandatory FRA compliance.
·         It is critical to obtain Gramme Sabha approval before transferring forest land.
·         Under the FRA, the Ministry of Tribal Affairs can give legally binding orders to maintain forest rights when forests are diverted for other uses, particularly during relocations.
 
Conclusion 
Protecting Northeastern forests necessitates a delicate balance of regulatory frameworks such as the FCA and FRA. Clear norms and proactive steps help protect both forest rights and the region's ecosystem.

LTX Mains Question
Q. Describe how the Forest Conservation Act is applicable to the Northeast India and suggest measures to boost its implementation.