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ASSESSING THE NEED FOR A COMPREHENSIVE LEGAL FRAMEWORK FOR WILDLIFE CORRIDORS IN INDIA: ADDRESSING HABITAT CONNECTIVITY AND CONSERVATION CHALLENGES
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ASSESSING THE NEED FOR A COMPREHENSIVE
LEGAL FRAMEWORK FOR WILDLIFE CORRIDORS IN INDIA: ADDRESSING HABITAT CONNECTIVITY
AND CONSERVATION CHALLENGES
AUTHORED BY - ABINAYA R M
As per the India State of Forest
Report, 2021, the total forest cover of India is 7,13,789 sq.km which amounts
to 21.71% of the geographical area of the country.[1]
However, since 2000, India has lost 2.33 million hectares of forest
cover, which is equivalent to 6% decrease in the tree cover.[2]
Due to the rise in the human population and urban settlement, wildlife
sanctuaries, national parks, tiger reserves, etc., are being intruded by the
human settlements, which ultimately results in the large forests being broken
down to small patches. However, this
fragmentation has a negative impact on the wildlife. As forests gets fragmented, the animal
population also breakup, becoming smaller isolated sub-populations, which is
not ideal for the long-term survival.
But, these fragments of forests may
sometimes have a connection, which may be just few trees and bushes that
sometimes look unimportant, but they are critical for the long-term survival of
wild life species. These are called
wildlife corridors. They allow animals
to move between populations, helps to prevent issues like interbreeding and low
genetic diversity, and further helps animals to migrate from one place to
another and establish a new group.
Though many of the international
convention provides for conservation of biodiversity, none of them expressly
provides for the protection of corridors.
Further, India, being a signatory to the conventions enacted several
legislations in furtherance of the objectives, including the Wild Life
(Protection) Act, 1972, which provides for notification and management of
protected areas such as national park, tiger reserve and sanctuaries, but fails
to address habitat connectivity in an explicit manner. Even though a bill which explicitly provides
for wildlife corridor has been introduced, it was not passed as an act. It may not be out of place to mention that
even the present legislation passed[3] further accelerate fragmentation of
this forest and wildlife corridor by not mandating forest clearance for certain
projects by the Government.[4]
Encroachment into the animal space
though not currently comes under the protected area leads to various problems
like human-animal conflict, loss of biodiversity, etc. This paper aims at analysing the role and
importance of wildlife corridor, status of the current wildlife corridors and
the existing legal frameworks regarding the conservation of the corridor and
suggests possible solutions.
Wildlife species like Tiger (> 0.5
hectares)[5]
and grizzly bears (50 to 300 sq. miles for females, and 200 to 500 sq. miles
for males)[6]
need expansive or extensive areas to survive.
These are the first to disappear due to fragmented protected areas. Even if the protected areas are larger in
size, they are still susceptible to danger, as the fragmented areas are
isolated, which could invite dangers like stochastic events and genetic drift.[7]
As stochastic events can happen even without human intervention, with the use
of wildlife corridors, populations can move from one area to another in
response to natural disasters and environmental change, and can recolonize
habitats.[8]
Further, these corridors also serves the organisms to a greater extent in
helping them find another habitat, in order to combat the events of global
warming.[9]
In addition to that, wildlife corridors helps in mitigating human wildlife
conflicts by providing pathways for animals, thereby reducing the intrusion of
animals into the human settlements.
Not all the corridors are made of
trees, open space corridors as well exists, for example, linear wetlands,
watercourses, artificial environments, etc.
It is used as a part of habitat by most of the species, and the only sites
for habitat by certain species.[10]
The concept of marking certain patches of forest land for
protection of the wildlife habitat was first introduced in India with the
enactment of Indian Forest Act, 1927.[11]
In spite of the fact that we have several legislative frameworks for
biodiversity conservation, none of the frameworks expressly speaks about
wildlife corridors.
a.
International
Frameworks: The
major international instruments relating to biodiversity like the Convention on
Biological Diversity, 1992; the Convention on the Conservation of Migratory
Species, 1979; the Convention on Wetlands of International Importance, 1971;
the World Heritage Convention, 1972 doesn’t explicitly refer to wildlife
corridors. Article 8(a) of CBD provides
for the establishment of protected areas or areas as a special measure to
conserve biological diversity. Further,
Article 10 of the Directive of the European Union Council 92/43/EEC provides
for management of linear and continuous structures that are essential for
dispersal, genetic exchange and migration of wild species. In addition to that, as per Article 3 of the
Ramsar Convention, State shall be informed of any change in the ecological
character of wetland resulting from human interference, pollution or
technological development.[12]
b.
Indian
Law: India, being a
signatory to all the conventions provided above, in furtherance of the
objectives, enacted the WLPA. The act
provides for conservation of species by notifying and management of protected areas
i.e., wildlife sanctuaries, national parks, tiger reserves. Section 38V(3)(b) of the Act provides as
follows:
“The State Government shall prepare a
Tiger Conservation Plan including staff development and deployment for the
proper management of each area referred to in sub-section (1), so as to ensure
– ecologically compatible land uses in the tiger reserves and areas linking one
protected area or tiger reserve with another for addressing the livelihood
concerns of local people, so as to provide dispersal habitats and corridor for
spill over population of wild animals from the designated core areas of tiger
reserves or from tiger breeding habitats
within other protected areas”[13]
Further the Guideline issued by the National
Tiger Conservation Authority expressly specifies the need for the conservation
of wildlife corridors.[14]
Though the guidelines generally lack in-built sanctions, those which has the
roots in a statute are enforceable.[15]
In the 21st IBW meeting, 2002,
a strategy plan which provides for notification of lands within 10kms of the
boundaries of Wildlife Sanctuaries and National Parks, as eco-fragile zones were
adopted. However, later on, it was
modified stating that the delineation is site specific, and it relates to
regulation rather than prohibition.
It is pertinent to point out that, a comprehensive
legislation focusing on corridor has been introduced in the Lok Sabha, but the
same has not become an Act.[16]
This bill explicitly prohibits the use of corridors by person, and aims at
constituting a Board for identifying the areas for developing corridors for
wildlife. This being said, most of the
activities at present are within 10km radius which is prohibited by this
bill. However, this Bill has not become
an Act.
India recognises tiger and elephant
corridors. As those are umbrella
species, the conservation would benefit other flora and fauna that inhabit the
same landscape.[17] At
present, in India, there are 32 tiger corridors[18]
and 150 elephant corridors. Some of the
notable corridors in India are Kaziranga-Karbi Anglong Corridor, Terai Arc
Landscapes, Kanha Pench Corridor, Sawantwadi-Dodamarg Corridor, Periyar-Agasthyamalai
Corridor, Sanjay Gandhi National Park, etc.
These corridors which are designed for the purpose of serving tiger and
elephant serve other species as well, however, as there is a growing
recognition of the unique features and movement of other taxa., eg. Reptiles
and amphibians, special measures for mitigation may be necessary.[19]
Since the corridors take away the
need to integrate all the isolated patches of habitats into a large protected
area, it serves as an opportunity for people in accommodating and carrying out
activities in between the patches.[20]
Linear infrastructure projects like
trains, roads and power lines, intrude deeper into the forests across the
country, thereby causing fragmentation of forests, mountain erosion, land degradation,
wildlife casualties, train accidents and electrocution. This is further exacerbated by the approval
granted by the NBW for projects which are inside or within 10km of the
protected area. Out of the 26 proposals
approved, 9 of them are for limestone mining near Mukundra Tiger Reserve. The pictorial representation of the areas in
which project activities are carried out are provided hereunder.[21]
|
Bandipur-Nagarhole-Wayanad-Mudumalai
Corridor
|
|
|
Chilla-Motichur Corridor
|
Rishikesh-Haridwar-Dehradun Railway
Line[24]
|
Apart
from the bringing in of linear infrastructure and mining projects, increasing
illegal human encroachment has considerable adverse effects as well. The Numaligarh Refinery case,[25]
wherein the elephants died while trying to cross the illegal wall construction
portrays the existing state of corridor management in India. In many cases, human settlements were also
relocated to another place and they were provided with monetary compensation,
land for agriculture, employment in tourism, etc. For example, in 2002, Van Gujjars who are the
indigenous forest pastoralists were displaced from Chilla Range and resettled
to Gaindikhata, and were granted land to carry out agriculture.[26]
Though the Guideline provides for a
radius of 10km around the protected area, from the bare perusal of the draft
notifications, it could be inferred, that most of the states have notified only
an area of 100 meters to 4km as ESZ, which is insufficient for large species
like elephants and tigers.[27]
It may not be out of place to mention that, the
existing wildlife laws provide for relocation of people living in and around
the protected areas. During the last 3
decades, only 2904 families have been relocated. Further, as per the estimate of the tiger
task force, there are still 1500 villages inside the core or buffer zones, and
a sum of Rs.1,663/- to resettle them.[28]
In spite of certain guidelines and
mandate by the State Government to protect the connecting areas and the
wildlife habitat, human intrusion in the name of development activities is
still carried out. This could be evident
from the cases mentioned below.
In Binay Kumar Dalei and Others v.
State of Odisha & Ors.,[29] the Hon’ble Supreme Court of India, while hearing the issue
regarding mining activities that are carried down in the elephant corridor had
noted that the corridor existing between Hadgarh & Kuldiha is used by the
elephants for movement round their year.
The issue revolving around the case was non-implementation of
Comprehensive Wildlife Management Plan, even though mining activities are
carried out in the vicinity of ESZ.
While dealing with the issue of whether the GO issued
by the State Government notifying elephant corridor, and direction to private
land owners and resort owners to vacate and hand over the vacant possession of
land which falls within the ambit of the notified corridor is valid or not, the
Hon’ble Supreme Court held that the State Government has the power under
Entries 17A and 17B of the Concurrent list for the protection and improvement
of forest and wildlife.[30] There are also instances where the Hon’ble SC
had rejected the doubling of railway line between Castlerock to Kulem, an
important tiger corridor connecting Goa, Maharashtra and Karnataka by taking
into account the impact on habitat and the damage to environment.[31]
It may not be out of place to mention that, while
taking into consideration, the conservation of species, the socio-economic
impact of human settlement in and around the protected area should not be
completely negated, as most of them could be pure pastoralists depending solely
on the area for their livelihood.[32]
The inclusion of corridors in the reserve
designs is one of the most important conservation tactics for the protection
and preservation of corridors.[33]
In most of the cases, the area surrounding the protected areas are ignored by
the authorities, but creation of buffer zone not only minimises external
disturbances due to human intrusion, but also safeguards the land surrounding
the protected areas as against the damage caused by animals which feed from
neighbourhood crops.[34]
Community based conservation and joint
forest management are emerging options for protecting the habitat along with
the people who have the knowledge over it.[35]
In addition to the above, the success of
man-made corridors., eg. Yellowstone to Yukon Corridor in North America, U.S.
Highway 93 North, Natuurbrug Zanderij Cralio, etc., could be taken as an
example and implemented. However, construction
of corridor itself is not suffice, as it does not per se drive away the human
intrusion. This is evident from the case
of Re: T.N. Godavarman Thirumulpad,[36] wherein the Hon’ble Supreme Court of
India restrained the mining and other activities in and around Kaziranga
National Park, and further directed that permission for no new construction
shall be accorded on private lands that form part of 9 identified animal
corridors.
Hence, proper enforcement and
implementation of the provisions should be monitored.
India is a home to around 31,000
elephants and 75% (2,960) of the global tiger population. The relentless stride of urbanisation, infrastructural
development projects and expansion of agricultural land contributes to fragmentation
of animal habitats and corridors, this ultimately leads to human animal
conflict.[37]
Even though corridors help in the
movement of animals across the isolated habitats, the fact that it could also
pave way for the spread of contagious disease cannot be completely negated. As the habitat decreases, the organisms find
themselves crowded in small patches, which could lead to occurrence and
transmission of disease, that spreads through the movement of animals across
the corridors. The spread of deadliest
rinderpest from Tanzania and Zambia, and the measures taken to eradicate that
should be taken into consideration.[38] Further,
the forest has an impact on the fire dynamics.
Hence, for a conservation project to be carried out, both the benefits and
disadvantages has to be compared.[39]
Wildlife corridors are indispensable
part for maintain the balance of ecosystem, maintenance of ecological
connectivity and survival of species for a long term. Even though the judiciary is playing a vital
role in protecting the habitat by removal of encroachment and determining the
validity of infrastructure projects on corridors, the cases even during the
recent times show that problem of encroachment and illegal exploitation of
corridors still exists. This could be
attributed to the lack of exclusive legislation to address the issue pertaining
to wildlife corridors. It is emphasized
that the lack of protection to wildlife corridors further exacerbate the
situation and encourages fragmentation of patches of forest lands. In addition to all these measures, the
problem pertaining to socio-economic impacts on human settlements around forest
areas shall not be overlooked while developing measures to conserve the forest
land.
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Article Information
ASSESSING THE NEED FOR A COMPREHENSIVE LEGAL FRAMEWORK FOR WILDLIFE CORRIDORS IN INDIA: ADDRESSING HABITAT CONNECTIVITY AND CONSERVATION CHALLENGES
Authors: ABINAYA R M
- Journal IJLRA
- ISSN 2582-6433
- Published 2025/03/06
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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