Gauhati High Court Directs Assam Govt To Enforce Prohibitory Orders To Control Illegal Fishing In Kaziranga National Park

The Gauhati High Court recently directed the Assam Government to enforce prohibitory orders to control illegal fishing in the water bodies in Kaziranga National Park.

The division bench comprising the Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury was hearing a PIL seeking urgent judicial intervention to curb large-scale fishing in the water bodies of Kaziranga National Park and Tiger Reserve in Assam.

The Advocate appearing for the petitioner submitted that people in multitude enter the park annually during the Magh Bihu festival, to carry out their traditional practices, which include fishing in the water bodies in the Kaziranga National Park. It was further submitted by the petitioner's Counsel that this is in violation of the wildlife protection laws and has a cascading effect, which disrupts the already fragile ecosystem of the Kaziranga National Park.

It was further highlighted that such action threatens the biodiversity including the endangered species, namely, one-horned rhinoceros, many kinds of migratory birds and approximately 42 species of fish.

On the other hand, Standing Counsel for Forest Department submitted that the prohibitory orders have been issued regularly to control such illegal fishing in the water bodies in Kaziranga National Park. However, there appears to be some difficulty in executing such prohibitory orders for the reason of large number of people congregating at that site with religious fervour.

The Court observed:

“In any view of the matter, the protection of such site is necessary or else there would be a violation of Wildlife protection Act, 1972; Forest Conservation Act, 1980; and breach of various constitutional obligations under Article 48A of the Constitution of India and of international obligations as well.We, therefore, deem it necessary to direct that the necessary prohibitory orders must be enforced.”

The Court directed the Standing Counsel for Forest Department to put on record the steps taken by the respondents in controlling such activities in Kaziranga National Park and the ways in which such activities could be effectively controlled.

“The matter requires immediate attention of the respondents," the court said.

Asking the respondent to file the affidavit on steps taken for preventing such activities, the court listed the matter on January 7.

Case Title: Rohit Choudhury v. The State of Assam & 10 Ors.

Case No.: PIL/63/2025

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