Supreme Court Constitutes Committee To Examine Issue Of Safaris In Tiger Reserves, Allows Existing Tiger Safaris To Continue

The Supreme Court on Wednesday (March 6) directed the constitution of a committee to decide the issue of zoos or safaris within tiger reserves, national parks, and wildlife sanctuaries. The Court added that existing safaris will not be disturbed. This implies that the tiger safari at the Jim Corbett National Park, which was the subject matter of the case, can continue subject to the recommendations of the committee proposed to be appointed."The safaris that are already existing and the one under construction at Pakhrau will not be disturbed. However, insofar as the safari at Pakhrau is concerned, we direct that the State of Uttarakhand to relocate or establish a rescue centre in the vicinity of the tiger safari. The direction of this court with respect to the establishment and maintenance of tiger safaris, upon receipt of the recommendations of the committee proposed to be appointed, will also be applicable to the existing safaris, including the safari to be established at Pakhrau."The latest verdict was handed down by a bench of Justices BR Gavai, Prashant Kumar Mishra, and Sandeep Mehta. While pronouncing the judgment, Justice Gavai began with a quote from Indian epic Mahabharata, "The tiger perishes without the forest, and the forest perishes without its tigers. Therefore, the tigers should stand guard over the forest and the forests should protect all its tigers."Analysing the language of the provisions in the Wildlife (Protection) Act, the court concluded that although it will not be permissible to establish a tiger safari in a core or critical tiger habitat area without obtaining the prior approval of the National Board, such an activity would be permissible in the buffer or peripheral area.The bench, while prima facie finding no infirmity in the guidelines issued by the National Tiger Conservation Authority (NTCA), i.e., the 2012 Guidelines and the 2016 Guidelines for establishing tiger safaris in the buffer and fringe areas of tiger reserves, noted, "Even in buffer or peripheral areas, though a lesser degree of habitat protection than the core area is to be provided, however, the provisions are required to be made to ensure the integrity of the critical tiger habitat with adequate dispersal for tiger species."It also noted -"It is well known that the presence of the tiger in the forest is an indicator of the well-being of the ecosystem. Unless steps are taken for the protection of the tigers, the ecosystem revolving around them cannot be protected. The figures placed before us show that there has been a substantial reduction in tiger poaching and an increase in tiger strength throughout the country. However, that should not be enough and the ground realities cannot be denied. Events like illegal constructions and illicit felling of trees on a rampant scale like the one that happened in the Corbett National Park cannot be ignored. Steps are required to prevent this.""We are not experts in the field. We find that it would be appropriate if experts in the field come together and come out with a solution that would go a long way in the effective management of tiger reserves," Justice Gavai said, before reading out the directions issued in this verdict.According to these directions, the Ministry of Environment, Forest and Climate Change shall appoint a committee comprising a representative of the National Tiger Conservation Authority (NTCA), a representative of the Wildlife Institute of India, a representative of the Central Empowered Committee (CEC), and an officer of the MoEFCC not below the rank of joint secretary.This committee can co-opt any other authority and employ services of experts in the field if found necessary. The said committee has been directed to first, recommend measures for restoration of damages in the local in-situ environment, second, assess the environmental damage caused in the Corbett Tiger Reserve and evaluate the cost for restoration, three, identify the persons or officials responsible for such damage, four, specify how funds collected from delinquent officials and persons can be utilised for the active restoration of ecological damage."Needless to say that the State shall recover the cost so quantified from the persons or delinquent officers found responsible for the same. The costs so recovered would be exclusively used for the purpose of restoration of the damage caused to the environment," the bench clarified.Moreover, this committee has been asked to consider and recommend, among other things, the question of whether tiger safaris should be permitted in the buffer or fringe areas and what guidelines should be promulgated for establishing such safaris, if permitted. Its approach should be that of ecocentrism and not anthropocentrism, and it should apply the precautionary principle to minimise the environment damage. The court further asked the committee to take into other factors such as the proximity of the safari to the rescue centre, and where the animals are being...

Supreme Court Constitutes Committee To Examine Issue Of Safaris In Tiger Reserves, Allows Existing Tiger Safaris To Continue

Awstika Das

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