Despite the special constitutional arrangements, it is evident from the data available, the decline in the forest cover is a serious concern in the North East India. Therefore, a question of doubt arises on such Constitutional arrangements. It is obvious that an adverse change in these Constitutional arrangements would prejudice the rights of the tribals and would amount to an attack on the principle of equity enshrined by the Constitution. Read on to know the detail.
The North East region is no doubt an asset to the nation because of its biological diversity. According to the Report of Forest Survey of India in Forest Cover, 2011, the North Eastern States accounts for onefourth of the country’s forest cover. Thus, comparing its size against the rest of the country, the region occupies a prime position in the forest resources of the nation. However, like in the other parts of the country, in the North Eastern part of India too, the deterioration of environment and ecology is rapidly increasing, more particularly after the 1990s. The people of the region are tribals and have been living in close association with the nature since time immemorial. The lack of alternative ways of livelihood and means of earning has compelled the dependence upon nature. Thus, with the rise of population, the increased dependence upon the nature has resulted in loss of flora and fauna of the region. Forest, which is an important element in the control of climate, is one important environmental challenge of the region. The total forest cover of the region in 1991 was 1,68,810 sq. km. However, despite an increase of forest cover in the four states of the region during the period from 1991 to 2015, there has been a declination in the forest cover in the whole region by about 3,190 sq. km in the year 2015. Thus, the rate of decrease in forest cover is alarming, as the region has been witnessing rapid population growth. This calls for urgent measures to be taken to mitigate the loss.
“According to the Report of Forest Survey of India in Forest Cover, 2011, the North Eastern States accounts for one-fourth of the country’s forest cover. Thus, comparing its size against the rest of the country, the region occupies a prime position in the forest resources of the nation. However, like in the other parts of the country, in the North Eastern part of India too, the deterioration of environment and ecology is rapidly increasing, more particularly after the 1990s. The people of the region are tribals and have been living in close association with the nature since time immemorial. The lack of alternative ways of livelihood and means of earning has compelled the dependence upon nature.”
Another urgent environmental challenge in the region is the air pollution. Even though there are hardly any industries that could pollute air like in the other parts of the country, the vehicular pollution and burning of forest for agricultural purpose (especially Jhum cultivation) and the other forms of shifting cultivation are major causes of air pollution in the region. Although, there are no data available how much pollution are caused by these two factors, but it is clearly evident to anyone who has visited the region. The dumping of used vehicles to this region is rampant. These vehicles are brought from the metro cities of the country into the region at a cheap rate at the cost of ecology luring the naïve tribal people. The knowledge of environmental harm caused by the use of old and outdated cars is alien to the people. Besides, there is no strict control of pollution caused by vehicles by the state authorities or a public awareness of such pollution among the masses.
All the states of the region have enacted statutory legislations on Jhum cultivation and other forms of shifting cultivation. However, such legislations are merely a mirror image of the erstwhile colonial Assam Forest Regulation, 1891. The said Regulation of 1891 was enacted at a time when the concept of environmental laws was not even coined. The Regulation of 1891 thus only lays down the jurisdiction and powers of the customary authorities and bodies under the supervision the Deputy Commissioner on the use, transfer, rights, claims, etc. on Jhum cultivation and other forest produce. Even though, after the Indian Independence, the respective states amended the said Regulations, however, until today it has failed to insert the clauses on environmental protection and conservation, except the provisions relating to protected and reserved forests. Owing to the geographical location, Jhum cultivation remains one of the most favourable form of agriculture and means of sustenance of the people. Thus, there is a conflicting position: whether to choose conservation of environment or livelihood. In such situation, going adversarial would inflict unrepairable loses and thus harmonization would be the only solution to maintain a just human environment. The colonial rulers recognizing the customary laws and the bond of the tribals with the nature enacted the said Regulation of 1891, giving maximum latitude to the use of forest land to the locals in accordance with their customs.
The framers of the Constitution of India recognizing the unique customs adopted the Sixth Schedule to the Constitution of India, leaving the internal management of the area in accordance to their respective customs by establishing District Councils and Regional Councils. Gradually, after the attainment of statehood of all the North Eastern States, special status under the Constitution were given to the states. At present, the state of Nagaland has special status under Article 371A which means that no Act of the Parliament shall be applicable unless the Legislative Assembly of Nagaland by a resolution so decides in respect of religious or social practices, Naga customary law and procedure, administration of civil and criminal justice, ownership and transfer of land and its resources. Like the state of Nagaland, for the state of Mizoram, Article 371G gives special status by excluding the Acts of the Parliament in religious or social practices, customary law and procedure, administration of civil and criminal justice, ownership and transfer of land, unless the Legislative Assembly by a resolution so decides. In the case of the state of Arunachal Pradesh, the Governor has been given special responsibility for the maintenance of law and order under Article 371H. For the state of Manipur, Article 371C empowers the President of India to constitute a Committee of the Legislative Assembly of the state consisting of members of the Assembly elected from the Hill areas of the state for the administration of the Hill areas of the state. A similar committee for the tribal areas of Assam is also found vide Article 371B. Thus, the Constitution of India has given extensive powers to the local customary authorities and bodies for the administration and management of their respective areas according to the customs and practices best suited for them without interference from the complex and technical laws applicable in other parts of the country.
Despite the said constitutional arrangements, it is evident from the data available, the decline in the forest cover is a serious concern. Therefore, a question of doubt arises on such Constitutional arrangements. It is obvious that an adverse change in these Constitutional arrangements would prejudice the rights of the tribals and would amount to an attack on the principle of equity enshrined by the Constitution. It can also be seen from the data that till the year 2011 there is an increase in the forest cover, however during the years 2011 to 2015 there has been a decline. The area of decline during those four years is 1,780 sq. km, which is more than 50% of the decline during two decades i.e. 1991 to 2011. Important factors for the increase in forest cover during 1991 to 2011 are the effect of Godavarman case judgement (1996) and the initiative of the state government providing free tree saplings under social forestry scheme with minimum pecuniary benefits for recultivation to the farmers in the forest they have cleared for Jhum and other forms of shifting cultivation. However, the heed of conservation of forest lasted only for a couple of decade (1991-2011) with the state, and thus decline in forest cover rapidly increased after the year 2011.
“Another draw back is that the Supreme Court banned only the movement of cutt trees and timber from the North Eastern states to any other state of the country either by rail, road or water-ways. However, the ban did not include felling in any private plantation comprising of trees planted in any area which is not a forest. Most of the forestland in the North Eastern region are either community or private owned. The reserved, protected and government forest lands forms only a marginal area.”
Another draw back is that the Supreme Court banned only the movement of cutt trees and timber from the North Eastern states to any other state of the country either by rail, road or water-ways. However, the ban did not include felling in any private plantation comprising of trees planted in any area which is not a forest. Most of the forestland in the North Eastern region are either community or private owned. The reserved, protected and government forest lands forms only a marginal area. This exception in the said judgement therefore seems to be the reason for the drastic decline during the last four years. Besides, the discontinuation of the state initiative of providing free tree saplings for recultivation in the cleared forest is another major factor for the drastic decline during the last four years. The North Eastern region is one of the most economically backward region of the country. Forest resources are the major source of sustenance and income for the people of this region. Thus, in such a region, a sudden ban on the collection of forest resources without providing incentive schemes or other alternative arrangements would lead to frustration of the orders of Court and laws made by the state.
“The framers of the Constitution of India recognizing the unique customs adopted the Sixth Schedule to the Constitution of India, leaving the internal management of the area in accordance to their respective customs by establishing District Councils and Regional Councils. Gradually, after the attainment of statehood of all the North Eastern States, special status under the Constitution were given to the states.”
In the case of the North Eastern region, the Constitutional arrangements is an advantage for execution of polices becaus the customary authorities and bodies are regarded as next to the state. Being a close knitted society, there is a willingness of the people to obey the customary authorities and bodies. Thus, to maintain an ecological balance for the human environment the local customary bodies and authorities should be the machinery for every actions of the state. For an instance, in the state of Nagaland, the village is the centre of all social and political activities. The cultivation, fishing, hunting, etc. are regulated by the Village Councils. State forest officials can be seen nowhere in the forest areas of the village except at a check post in the border of the district or the state. Thus, it is only the Village Council, who checks on the activities carried out in the forest within their jurisdiction. To cite an example, in this author’s village, Aliba in the Mokokchung District of Nagaland, the Village Council (Samen) has passed resolutions forbidding fishing and hunting during breeding seasons and allowing it only for a couple of months i.e. December and January. Similarly, in the case of forest maintenance, the Council has acquired portion of the forestland from each clan of the village to be reserved forest. Anyone felling trees or hunting even during permissible period in these reserved forest is heavily penalized and made to recover the same. The similar case is with other villages of the North Eastern region. Hence, the customary authorities like the Village Council occupies a crucial position in the administration of justice and forest governance.
The conservation of forest is prime importance at this time when climate change and pollution is threatening the very existence of our planet. Sustaining the livelihood and earnings of the people however is also to be considered particularly in an economically backward region like the North Eastern region. To maintain this equilibrium the state should therefore formulate incentive-based schemes and programmes to substitute their sustenance and earnings without supplanting the right of equity and survival of the people of the region. Periodical awareness programme and training on environmental conservation to the members of the customary authorities and bodies, the villagers and introducing Environmental subject in schools and colleges would help mitigate this challenge and maintain a desired equilibrium, which would contribute to the ecological diversity of the country.
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