By Our Reporter
SHILLONG: The Megh-alaya People’s Environment Rights Forum (MPERF) has urged Governor Ranjit Shekhar Mooshahary to keep on hold his assent to the Meghalaya Forest Regulation (Amendment) Bill, 2012, which was passed by the State Assembly recently.
In a representation submitted to the Governor on Wednesday, the MPERF requested that the Amendment Bill be sent back to the state government for a ‘detailed deliberation’.
The representation also stressed on seeking opinion from technical, legal experts and conservationists besides the general public before deciding either in favour or against the amendment.
MPERF convener Naba Bhattacharjee said the sudden urgency to redefine ‘forest’ through the Amendment Bill without taking public opinion and maintaining optimal transparency was not intended at enhancing conservation and increasing forest cover but to “provide a license to deforest with impunity.”
While referring to a section of the Amendment Bill, he said that as per the Bill, an area would now be considered a forest if it is a compact or continuous tract of minimum four hectares of land, irrespective of ownership, where more than 250 naturally growing trees per hectare of 15cm and higher diameter of breast height over bark are present or more than 100 naturally growing bamboo clumps per hectare are present.
“There are very few forest areas in Meghalaya with such density of growing stock, particularly in a compact, contiguous block of 04 hectares which has to have 1000 trees i.e. 250/hectare x 4 hectares = 1000 trees,” Bhattacharjee said while adding that the amendment will take hundreds of hectares of land outside the purview of forest with the sole motive of diverting such forest for non-forestry purpose, mainly mining.
He said the amendment shall have serious long term implications on rural economy and prove catastrophic for majority of indigenous tribal population who are dependent on the forests for their livelihood.
Bhattacharjee said the Act shall render majority of actual forest areas into non forest areas and consequently bring them outside purview of Forrest Conservation Act, 1980.
The MPERF convener also drove attention to the point that the Act was passed without taking the public into confidence.
“The Bill was not placed in public domain in draft form. On the contrary, the Government managed to pass the Amendment Bill during the last working day of the recently concluded winter session of the Assembly without any debate or discussion.
“The sudden and quite manner in which the Bill was introduced and hurry in giving cabinet clearance is extremely disturbing,” he said.
While stating that as per a Supreme Court judgement, the term ‘State Government’ would also include District Councils constituted under Schedule VI of the Constitution of India, he said that the question therefore is whether the District Council and other traditional tribal institutions were taken into confidence before changing the United Khasi-Jaintia Hills Autonomous District (Management & Conservation of forests) Act, 1958, particularly when almost 96 % of forest comes under jurisdiction of the 3 Autonomous District Councils or Clan/Individual ownership.
He also pointed out that the Union Ministry of Environment & Forest is engaged in finding a proper definition of forest to cover the entire country. “In such a situation was it necessary for Government of Meghalaya to pass an Act in hurry without waiting for approval of the Union Environment & Forest Ministry’s definition as directed by Supreme Court and applicable to Meghalaya like all other States of the country,” he said.
“As per the new definition of forest outlined in the Act, actual forest cover in Meghalaya shall be reduced drastically in paper, with increasing the number of trees per hectare from 60 to 250 numbers. This will facilitate diversion and alienation of huge areas of forest land now coming under the definition of forest,” MPERF convener said while also stating that instead of lowering the number of trees per hectare from 60 to increase forest coverage and bring more areas under forest; the reverse has been done in the new definition by increasing number of trees from 60 to 250 trees per hectare.
In the process large areas of forest has been taken out from the purview of forest where other non forest activities can be undertaken by alienating land of even small and marginal farmers, he said.
Further, Bhattacharjee suggested that it is imperative to immediately establish a Green Tribunal in the State, wherein it would be an Autonomous Body comprising of social activists, environmentalists, academicians, nominated political members from the various parties and nominated heads from traditional heads, media professionals from all over the State, particularly rural areas.
“The body will be the key organ for giving clearances, reviewing, monitoring, assessing and also implementing policies related specifically to environment protection and conservation. For every projects passed from the Single Window Agency, appropriate clearance from this Green Tribunal shall be compulsory,” he said.