Supreme Court Issues Directions On Tiger Safaris, Directs States To Notify ESZs Around Tiger Reserves

The Supreme Court has issued a slew of directions regarding Tiger Safaris, the management of Tiger Reserves and the protection of sensitive tiger landscapes.

Accepting the findings of the Expert Committee constituted after the Corbett Tiger Reserve violations came to light, the bench comprising Chief Justice of India BR Gavai, Justice AG Masih and Justice AS Chandurkar has issued mandatory directives that all States must now implement within strict timelines.

Tiger Safaris cannot be permitted inside core or critical tiger habitats

The Bench relied on the statutory design of Sections 33(a) and 38-V of the Wildlife Protection Act, and its March 2024 ruling in T N Godavarman, to underline that "Tiger Safari shall not be permitted in the core or a critical tiger habitat area."

Tiger Safaris only on degraded or non-forest land in buffer areas

The Court directed that Tiger Safari shall be established on 'non-forest land' or 'degraded forest land' in buffer area provided that is not part of a tiger corridor.

Tiger Safari shall be allowed only in association with a full-fledged rescue and rehabilitation centre for tigers where conflict animals, injured animals or abandoned animals are housed for care and rehabilitation.

Zoo-sourced tigers completely barred

The Court endorsed the Expert Committee's detailed guidelines with additional mandatory conditions:

• Only rescued or conflict tigers from the same Tiger Reserve or landscape may be housed.

• Enclosure design must be approved by the CZA and must prevent any interaction between wild and captive animals.

• Field Directors will have management control, supervised by the Chief Wildlife Warden.

• All Safari earnings must flow back into the Tiger Conservation Foundation.

• Carrying capacity norms must be developed.

• Solar, hybrid and electric vehicles must be used and strictly regulated.

• Zero discharge of waste water is mandatory.

Nationwide mandate to notify Eco-Sensitive Zones for all Tiger Reserves

The Court has directed that all Tiger Reserves must have notified Eco-Sensitive Zones (ESZs) within one year. The Court endorsed the MoEF&CC's 2018 advisory stating that the minimum extent of ESZs must cover the entire buffer and fringe areas, with at least a one-kilometre radial cushion around critical habitat where the buffer is missing.

The Court held that ESZs, traditionally notified around National Parks and Sanctuaries, must apply equally to Tiger Reserves, reinforcing the ecological shield around these landscapes. Once notified, the same restrictions as those under the 9 February 2011 ESZ Notification will apply. This includes a complete ban on mining within one kilometre of tiger habitats, buffer areas or ESZ boundaries, whichever is larger.

"We were informed during the proceedings, that not all Tiger Reserves have notified ESZs. We are of the firm belief that ESZs cannot only be restricted to Sanctuaries or National Parks, and must include buffer and peripheral areas of Tiger Reserves as well. Therefore, all State Governments are hereby directed to notify ESZs around all Tiger Reserves, including buffer and fringe areas, no later than 1 year from the date of this judgment," the Court directed.

Prohibited activities in buffer and fringe areas

The Court approved the Expert Committee's list of prohibited activities, including:

• commercial mining

• sawmills

• polluting industries

• commercial firewood use

• major hydroelectric projects

• introduction of exotic species

• hazardous substance production

• low-flying aircraft and tourism aircraft

• waste discharge into natural ecosystems

• tree felling without approval

Regulated activities, such as hotels, water use, road widening and night vehicular movement, will require adherence to strict wildlife safeguards and must be consistent with Tiger Conservation Plans.

Resorts restricted; night tourism banned; silence zones mandated

The Court issued specific directions on tourism near Tiger Reserves:

• New eco-friendly resorts allowed only in buffers, never in corridors.

• Homestays and community-run establishments to be encouraged.

• Zero waste practices mandatory.

• Mobile phone use banned in tourism zones of core habitats.

• Vehicular carrying capacity to be enforced.

• Night tourism banned entirely.

• Roads passing through core areas must be closed from dusk to dawn, except for emergency vehicles.

Additionally, the Court ordered that the entire Tiger Reserve, including its ESZ, must be notified as a Silence Zone under the Noise Pollution Rules within three months.

Other pna-India directions

To correct systemic weaknesses in tiger governance, the Court issued several pan-India directions:

• All States must notify core and buffer areas within 6 months.

• All States must prepare or revise Tiger Conservation Plans within 3 months.

• Steering Committees for each Tiger Reserve must be constituted within 2 months and meet twice annually.

• NTCA must monitor whether TCPs and Steering Committees are effectively functioning.

• Community-based tourism models must replace mass tourism.

The Court further held that Critical Tiger Habitats under the Wildlife Protection Act must be treated at par with Critical Wildlife Habitats under the Forest Rights Act, ensuring consistency in recognition of ecological value and rights of forest dwellers.

It also directed that CAMPA funds should continue to support voluntary relocation and that additional dedicated funds must be earmarked to make core habitats inviolate.

The Court passed these directions while considering the ecological damage cased to the Jib Corbett tiger reserve in Uttarakhand due to illegal tree felling and unauthorised constructions.