Published in Dwarka Express on 30.5,23
It is not that easy to protect the 662 National Parks and Wildlife Sanctuaries in India. Our conservation efforts depend on how serious we are in protecting these natural forests and its users. Encroachment in reserve forests is nothing new for India forests. Efforts are always made to prevent large scale deviations and intrusions. Quite often, the much controversial mining and Infra development activities are accorded environmental clearances for free access into forest areas. Resultant protests and litigations between locals, environmentalists and proponents of development are not new. Stringent guidelines become necessary to preserve the natural resources. When some stringent measures are initiated against forests being affected by such mega projects, it is quite natural that some innocent people get affected by such orders. One such order by Environment Ministry was in 2022 that ended detrimental for the forest dwellers as any development or construction activities were halted. Deciding on the petition of Godavarman Thirumulpad vs Union of India, Supreme Court delivered a land mark judgment on 26.4 23 showing justice to the affected villagers. The Supreme court bench headed by Justice B R Gavai and others on 26.4.23 classified 26 activities into 3 categories namely ‘prohibited’, ‘Restricted with safeguards’ or ‘permitted’. This has brought relief to the local villagers and tribals living in the eco sensitive zones in the borders of the National Parks and Wildlife Sanctuaries.
Most of the above natural forests have settlement colonies and villages in these protected areas, both inside and also in the eco sensitive zones (ESZs) which are within one KM of the protected forests, measured from the demarcated boundary of such protected forest as per existing guidelines of 2011. The villagers living in these areas have a right to their livelihood and they need to construct or reconstruct their shelters. Their population also grows and the expanded families also have a right to live. The reality is that such villagers never lead extravagant life but live contented with basic amenities.
The present SC verdict revisited the existing stringent guidelines and permitted certain activities while rejecting certain other activities outright. The activities which were rejected included commercial mining, polluting industries, hazardous chemical producing factories, saw mills etc. However certain other activities such as felling of trees, construction of hotels, resorts and infra structures such as schools and hospitals, introduction of exotic varieties, widening of roads, allowing commercial vehicular traffic in nights, display of signboards are some of the activities which are allowed in the ‘regulated’ activities. Ongoing agriculture and horticulture practices local communities, organic farming, rain water harvesting and adopting green technologies are coming under permitted categories. The clear definition of these 3 categories of activities gives a sigh of relief for the locals and at the same time controls the mining and polluting activities. While this is a people friendly judgment, there is a rider to this judgment that this will not affect the ongoing activities already identified and permitted prior to 2011 guidelines
So according to the petitioners, these relaxations will bring relief to the villagers, settled in the Protected Areas coming under the 6 provisions of Sections 18 to 25A of the Wild Life (Protection) Act, 1972. However, one cannot forget that the Indian Board for Wildlife held on 21st January 2002, recommended the “Wildlife Conservation Strategy-2002” which envisaged that lands falling within 10 KMs of the boundaries of National Parks and Sanctuaries should be notified as eco-fragile zones under Section 3(v) of the 1972 Act. However, the same have already been made flexible by reducing the ESZs to 1 KM. While relaxing rules to accommodate the deprived class is appreciable, it also should be borne in mind that such relaxations must do better than harm in the long run.
![](https://birderselva.org/wp-content/uploads/2023/05/2016-06-18-018.jpg?w=1024)