Uttarakhand HC Orders Ban On Killing Of Wildlife, Directs Centre To Formulate National Forest Policy [Read Judgment]

The Uttarakhand High Court has ordered that no wild animals, including tigers, leopards and panthers, shall be declared man-eater/rouge and killed in the state. It also directed the Centre to formulate the National Forest Policy aiming on forest management, conservation and sustainable development also to maintain and increase forest covers and notify the same within six months as per preamble and guidelines framed by the United Nations Conference on Environment and Development, also called Rio de Janeiro Declaration/ Earth Summit/Forest Principles.A division bench of Justice Rajiv Sharma and Justice Alok Singh issued significant guidelines in the matter of protection of forest and wildlife.The bench observed that the vital role of all types of forests in maintaining the ecological processes and balance at the local, national, regional and global levels should be recognised.It is also observed that national policies and/or legislation aimed at management, conservation and sustainable development of forests should include the protection of ecologically viable representative or unique examples of forests, including primary/old growth forests, cultural, spiritual, historical, religious and other unique and valued forests of national importance.The bench issued the following directions in the case: Union of India is directed to formulate National Forest Policy aiming on forest management, conservation and sustainable development also to maintain and increase forest covers and notify the same within a period of six months as per preamble and guidelines framed by United Nations Conference on Environment and Development also called Rio de Janeiro Declaration/ Earth Summit/Forest Principles. The National Forest policy must integrate with other economic policies. Union of India is directed to declare 10 Kms. of Eco Sensitive Zone around Jim Corbett National Park, other National Parks and Sanctuaries throughout the State of Uttarakhand within a period of six months. Till then, no fresh 89 construction shall be undertaken by any person/institution within the radius of 10 Kms. of Jim Corbett National Park and other National Parks throughout the State of Uttarakhand. No new road shall be constructed through Jim Corbett National Park, National Parks and Sanctuaries in the State of Uttarakhand. No wild animals, including tigers, leopards and panthers, shall be declared man-eater/rouge and killed in entire State of Uttarakhand. Dead body of wild animal shall not be displayed in print media, electronic media, including television. Henceforth, the wild animal, who poses threat to human life, should be captured alive by using tranquilizer gun in the presence of Veterinary Doctor. Captured wild animal shall be thereafter released in nearby forest/jungle or alternatively, can be kept in zoo temporarily and thereafter, be released in its own habitat. The decision, whether wild animal causes threat to life of human being, shall be taken at the highest level by a committee comprising of Principal Secretary, Forest and Principal Chief Conservator of Forest. No private hunter shall be engaged by the State Government to kill wild animals. Ministry of Railways is directed to dig up trenches around the electric poles along railway track in Rajaji National Park and also to insulate the electric poles by raising fence to avoid electrocution of wild animals within a period of three months from today. State Government is directed to follow the notification dated 11.11.2009, issued by 90 Inspector-Generals of Forests and Director (Project Elephant) in letter and spirit for saving the elephants from electrocution. State Government is directed to make suitable amendments in existing forest laws and laws pertaining to wild animals for imposing exemplary punishment, including life imprisonment for poachers. State Government is directed to appoint at least 10,000 fire watchers in order to detect and contain the forest fire, at the earliest, during summer season. Number of fire towers should be increased. State Government is further directed to constitute a committee comprising of the head of Forest Research Institute, Dehradun, and Principal Secretary, Forest, State of Uttarakhand, to save following endangered species of plants in Uttarakhand within three weeks:Aconitum heterophyllum, Dactylorhiza hatagirea, Alpinia galangal, Coptis teeta, Nardostachys grandiflora, Podophyllum hexandrum, Panax pseudo-ginseng, Picrorhiza kurrooa, Dioscorea deltoidea, Angelica glauca, Allium stracheyi, Podophyllum hexandrum, Nardostachys grandiflora, Aconitum spp., Picrorhiza kurrooa, Saussurea lappa and Dactylorhiza hatagirea. State Government is directed to provide sufficient funds to prevent and control the forest fires in the all the coming financial years. State Government is directed to dig sufficient water bodies in the forest areas to control forest fires and maintain the moisture in environment. Respondents are directed to use foam and other fire...

Uttarakhand HC Orders Ban On Killing Of Wildlife, Directs Centre To Formulate National Forest Policy [Read Judgment]

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