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LEGAL PERSPECTIVE ON URBAN WILDLIFE: A ROAD TOWARDS CO-EXISTENCE
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LEGAL PERSPECTIVE ON URBAN
WILDLIFE: A ROAD TOWARDS CO-EXISTENCE
Associate
Professor,
Bishop Cotton Women's Christian Law College,
Bengaluru.
The Biological Wealth of our World
has been diminishing rapidly because of Urbanization. The extinctions that the world is facing are
largely due to human activities. Our
World consists of diverse species where human encroachment has led them to come
out of protected areas. There has been a change in the present scenario where
wildlife and humans co-exist in the same environment, leading to an increase in
the human-wildlife conflicts. The
conflict between them ranges from injury to loss of life which results in
competing for resource. There have been laws governing wildlife and its
conservation, such as The Wildlife (Protection) Act (1972) having six schedules
with varied degree of protection to wildlife, Forest Act (1927) - defines the
procedure to be followed to declare an area to be reserved forest, protected
forest and a village forest and also what is forest offence, Forest
Conservation Act (1980), The Environment Protection Act (1986), The Biological
Diversity Act (2002), National Wildlife Act Plan, and National Forest Policy
1998 etc.,
But Acts, policies and plans that are
present in India do not address the issue of Urban Wildlife. The Need for the
hour is to protect urban wildlife and humans in co-exist environment. To control wildlife population, one must
understand their habitat factors, if any of the habitat requirements are
absent, that will lead them either to migrate to other area capable of
providing their needs to survival or death. Some activities that can be
undertaken to preserve our environment are to understand and analyze the
impacts of urbanization on wildlife, and making a clear path for urban wildlife
for co-exist living. Conducting educational programmes, group visits to
wilderness areas, school programmes and community education can help urban
community in understanding and managing changing scenarios.
When the concept of urbanization and
wildlife is understood well, these give us a way to sustainable development and
preserve our wildlife species. This
gives us an opportunity to make laws regarding changing scenario and equip us
to govern and manage the non-humans in Indian cities and to promote security to
wildlife and co-exist living. The methodology adopted in this paper is
doctrinal relied both on primary and secondary data’s. This paper is an attempt made by the authors
to examine and understand the struggle of Wildlife in Urban cities, further to
point legal lacunas in the present laws so that it will be addressed by the
appropriate authority to bring in the new laws or to strengthen the existing
laws to safe the wildlife.
INTRODUCTION:
The ecological wealth of our world is
rapidly depleting because of urbanisation. Wildlife extinctions that the world
is now facing, can be largely attributed to human activities.
According to Mitchell urbanization is
a process of becoming urban, moving to cities, changing from agriculture to
other pursuits common to cities.[2]Rapid
urbanisation poses challenges for sustainable development and this in turn
forces a change in the composition of the animal kingdom tremendously.
India has a rich and diverse wildlife
across the country. Increasing encroachment by humans into forest lands is now
becoming a threat to Indian wildlife. Wildlife refers to all the plant and
animal species that survive in natural, wild areas throughout the world. A
delicate balance must exist among all living things in order to sustain healthy
ecosystems. Unfortunately, that balance has been thrown off by human
involvement. Mammal, bird, reptile, fish, and amphibian populations have
declined by 52% during the last 4 decades.[1]The
major causes of wildlife depletion are loss of habitat, over exploitation of
natural resources, lack of food and shelter for endemic species. Invasion of
alien species and co-extinction force animals to come out of protected areas,
to places where they can survive by adapting themselves. The co-existence of
humans and wildlife has given rise to the concept of Urban Wildlife.
The term urban means 'belonging to'
or 'relating to', a town or city.
According to section 2(37) of The
Wildlife (protection) Act 1972, 'wildlife' includes "any animal, bees,
butterflies, crustacean, fish, moths and aquatic or land vegetation which forms
part of any habitat."
URBAN WILDLIFE:
Most people are of the view that
urban wildlife is limited only to house mice, pigeons and sparrows. Urban
wildlife includes animals as well as suburbs. The animals can be vertebrates or
non-vertebrates. Wild animals are attracted to human settlements and find it
easier to adapt in these places due to the availability of food, open parks and
gardens. Urban wildlife is wildlife that can adapt and thrive in urban
environments. Species that migrate to urban set-ups become entirely dependent
on humans for survival.
Urban environment supports wildlife
that adapts well with its constantly changing conditions.
Urban wildlife in India includes monkeys,
langurs, leopards, birds, elephants and so on.
For survival, animals need access to
water, food, shelter and an environment that is safe and comfortable to
reproduce. The place where animals and plants grow is called a habitat. A good
habitat consists of all the aforesaid supporting features. Urban forest account
for 12.12% of the geographical area of Delhi leading to approximately 10.7m2
per inhabitant (using 2011 population data).[3]Density
of Bangalore trees are lower when compared to other Asian cities.
INDIAN LEOPARDS IN MUMBAI:
India is one of the countries with
the highest density of leopards. The Dehradun wildlife Institute of India,
conducted a comprehensive study on leopards and their prey in Mumbai.
Instances of these leopards attacking
people, killing both children and adults posed a threat to the residents in the
area. In Maharashtra’s Junnar region an 8-year period from 1993 to 2001, 33
attacks by leopards on people were recorded, averaging about 4 attacks a year.[1]
Deficiencies in indoor plumbing and
lack of lavatories force people to come outdoors. The residents used to take
walk or a jog but they were mistaken to be prey. It has always been easy for
the leopards to prey on dogs or feral pigs.
Many were of the view that the
excessive dog population in the villages surrounding forests attracted these
leopards. Cases of leopard attacks were reported everyday which only resulted
in the leopards being sent to rescue centres. Sanjay Gandhi National Park received
suggestions to build walls around the sanctuary, which would restrict both, the
movement of leopards to the sanctuary's premises and the entry of unauthorised
personnel. No wall has been constructed, nor is there fencing to keep leopards
and people away. Though there were numerous claims on what happened during the
early 2000’s there isn’t much change. Khanolkar who is interested in wildlife
photography has travelled across country, capturing the images of leopards, to
convince anxious citizens that it is possible to live safely alongside them and
that’s important for conservation .” I wanted to convey that if co-existence
with predator is possible in centre of metropolis, there is no reason why it
shouldn’t be possible anywhere else in the world”[4].
On the brighter side, initiatives to facilitate co-existence taken up by animal
activists, the forest department and other volunteers and proactive villagers
has led to a drastic fall in the number of attacks.
MONKEY AND LANGUR:
Man-monkey association is as old as
man’s own existence. Of nearly 225 living species of non-human primates three
Indian species have become urbanised. They are rhesus macaque(Macacamulatta),
the bonnet macaque (Macacaradiata), and the Hanuman langur (semnopithecus
entellus).[1]
Encroachment by humans has resulted
in them losing their habitat. These monkeys are highly adaptive and thus are
nearly associated with man. In their quest for food they end up stealing food
from residents, ransacking plantations or depend on garbage found around picnic
spots and forest reserves. These are also the areas where conflicts arise
between man and monkeys. These conflicts result in monetary losses for humans
and physical injuries to both, humans and monkeys.
In a survey conducted in Himachal
Pradesh they documented that out of 3,243 panchayats of the state, 2,301 was
affected by monkey crop damage.[5]
The monkeys living near the high ways are the reasons for accidents which
eventually results in disturbance.
These monkeys have made densely
populated areas and temples their homes as the availability of food is easier
in such areas. And moreover, residents of these areas feed the monkeys or leave
food for them, because of which they are now well adapted to processed foods.
Rhesus macaque and Hanuman langurs
live near temples, where they are fed and protected as they are considered to
be scared according to the Hindu mythology. This is one of the reasons why
humans in those areas are tolerant towards these monkeys.
ELEPHANTS IN SOUTH AND NORTH EAST INDIA:
Human interferences with nature has
also forced elephants to venture out of the wild to human settlements
surrounding the forests causing discomfort to both humans and elephants.
Farmers of Tamil Nadu’s Krishnagiri
are tired of beating their drums, blasting old Tamil tunes from rusty loud
speakers at deafening decibel levels and buying new round of firecracker for
the night.[1]These
helpless farmers feel these methods can keep elephants away and save their
lives and property.
Elephants migrate from the forests of
Hosur towards Krishnagiri. During this movement, elephants require large tracks
for food, spaces and shelter. The areas of Vellore, Krishnagiri, Erode and
Nilgiris in Tamil Nadu are prone to man and elephant conflicts.
It is now known that using the
aforesaid methods to scare away elephants is of no good and only creates more
friction, ultimately resulting in the loss of life of both the elephants and
humans. To avoid these situations electric fences were installed recently to
keep elephants from destroying plantations. But, sadly, many elephants have
died due to electrocution. With time and in the process of adapting to their
changing environment, these intelligent animals have learnt to move around
these fences and uprooting the trees on which they are installed.
SNAKES
The snake-human conflict is possibly
one of the largest examples of human-animal conflict in India today, but it is
largely ignored. Our environment consists of both venomous and non-venomous
snakes. Species of snakes in our environment are King cobra, Russel’s viper,
Indian Krait etc. Though a large number of snake bites reported are
non-venomous, the number of deaths due to snakebites in India is high. A study
of snakebite mortality in India published in 2011 found that close to 46,000
people die of snakebite every year, far higher than the official estimates from
government hospitals of between 1,300 and 1,400 deaths annually.[6]
There are large number of deaths in
rural communities and these deaths have paid less regard as it affects the
rural poor.
Snakes are highly adaptable in
nature. They are found mostly in rural India and at times in urban areas as
well, they are found on the farms and occasionally enter houses as well. Due to lack of awareness and experienced
doctors who know how treat these cases and administer anti venom on patients
has led to a gradual increase in death rates.
Availability of medicine at the right
time is also the issue. Use of anti venom also differs from species to species
as potency of venom differs in snakes and as well as the region they belong
from.
These problems were never addressed
before but they have been given importance in recent years. There are activists
who are spreading awareness on how to be cautious and minimize risk, snakebite
task forces have been set up, herpetologist have also been working of enhancing
and improvising snakebite treatments.
This is a conservation problem and
till this gets resolved many will be harmed. Also harming these snakes
will result in eliminating endangered
species of snakes leading to extinction, need for the hour is a plan where we
can coexist.
BIRDS
There is constant struggle even among
birds for survival due to rapid urbanisation and expansion in human
settlements. The constant decrement in wetlands which support breeding has resulted in fall of number of birds,
decrease in number of trees as city is filling with concrete structure, birds
are deprived of proper environment for survival, as the materials they use for
building their nest have become scarce in nature which results in them using
plastic sheets, waste paper, wires, as nesting materials.
Birds’ lifestyle have changed
enormously due to human encroachments. Today we can spot hundreds of pigeons,
few mynas, and hardly any sparrows. If we observe the patterns 10 years ago
there were about 15-20 species of birds. Among these species only a few can
adapt to rapidly changing environment and many have perished from our
environment. The absence of sparrow is a dangerous sign as to how we human’s
are urbanising and destroying our environment.
According to study by Juan Diego
Ibanez- Alamo, researcher at the university of Granada and Anderspape Moller from
Paris-sub University in France done in 2002 “birds adapt their habitat and
develop new survival instincts just like humans”.[1]
The birds which have close connection
to urban life are Mynas, purple sun bird, blue rock pigeons. They have had
their existence along human settlements from quite a long time.
Birds like Indian eagle, owl, Indian
grey hornbill, White breasted kingfisher have also adapted to urban set up.
These birds which make their nest in
dense environment, due to rapid change in environment they are forced to make
cavities in buildings as their nests. The peahens which usually lay their eggs
on ground are now forced to lay their eggs on roof top due to stray dog menace.
White breasted kingfishers which are
found near water bodies feeding on fishes, have now adapted to city life by
eating rats, lizards, and insects.
The Indian grey hornbill has adapted
to the food change as they were found feeding chapatis to its chicks. Thus even
birds lives are affected.
RIVER DOLPHINES
There are at least 39 species of
dolphins living in ocean and in different fresh water rivers. These dolphins
are found in Ganges river, South Asia and South American rivers, Amazon river.
The Ganges river dolphins is now the world’s second most endanger fresh water
river dolphin.
River dolphin face several threats,
due to fragmentation of river due to construction of dams and canals, depletion
in food sources, poaching, accident killing, dolphin products and over
exploitation
There are about 1,800 river dolphins
left in the Indian part of the Ganga-Brahmaputra-Meghna basin,
down from about 4,500 as recently as 1982. There may be around 600 more left in
Bangladesh, and a few in Nepal, all part of the same basin. In Bhutan, the
fourth country in the basin, the Ganga dolphin has not been seen for many
years.[7]
These species has been included in
Schedule I of the Indian Wildlife (Protection) Act 1972, in Appendix I of the
Convention on International Trade in Endangered Species (CITES), in Appendix II
of the Convention on Migratory Species (CMS) and categorized as Endangered by
the IUCN (International Union for Conservation of Nature).[1]
PROGRAMMES
There have been laws governing
wildlife and its conservation but need for the hour is programmes and Laws
governing Urban wildlife. The present laws in our country are The Wildlife
(Protection) Act (1972) having six schedules which varied degree of protection
to wildlife, Forest Act (1927) - defines the procedure to be followed to declare
an area to be reserved forest, protected forest and a village forest and also
what is forest offence, Forest Conservation Act (1980), The Environment
Protection Act (1986), The Biological Diversity Act (2002), National Wildlife
Act Plan, and National Forest Policy 1998 etc.,
LAWS ADDRESSING URBAN WILDLIFE PROBLEMS:
1.
National Environment
Management Act, No-107 of 1998
2.
National Management
Biodiversity Act, No-10 of 2004
3.
National Environment Laws
Amendment Act of 2011 and 2013
4.
AIS Regulations
5.
Gauteng Nature
Conservation Bills 2014
6.
Regional Environment
Framework.
THE KINGS COUNTY WILDLIFE PROGRAMME:
The Program’s activities include
regional planning, regulation, development and enforcement, habitat management,
and education and incentive programs. The Program works to integrate the needs
of wildlife with the interests of the community and private landowners. This
unique program can serve as a model for other local jurisdictions in their
efforts to maintain wildlife diversity in their communities.[8]
Coyotes education and awareness
programme, educational programmes in schools etc are few of the plans executed.
WILD LIFE MANAGEMENT
Wildlife management are the actions
taken up to sustain wildlife population, to enhance wildlife habitats and
benefit both wildlife and humans. Wildlife belongs to all people and this
concept can be practiced most effectively by creating awareness.
Traditional Vs Alternative methods of
urban wildlife management.:
1.
Traditional methods
· Anthropocentric attitude of man, man
seeks conquest not unity
· Physical: exclude, restrain, relocate, kill, alteration of
environment
· Chemical: poisons, repellents, antifertility components
· Biological: interactions, parasite, diseases
2.
Alternative methods
· Preserve integrity and stability and
beauty of biotic community
· Proactive management strategy seeks
to avoid the problem of over abundance that is exclusion, preserves natural
habitat, create sustainable resource, corridor creation, reconnect natural
society with human word.[1]
Respecting the lives of animals has
four important implications for management. First, lethal means should only be
used as a last resort when non-lethal strategies can produce comparable
results. Second, the management of human expectations and activity is
emphasized since it goes to the root of most human-wildlife conflicts. Third, a
much broader array of stakeholders should have a voice on public policies
affecting urban wildlife. Hunters, trappers and property owners need to make
room at the table for animal rights and welfare advocates, animal
protectionists, environmentalists, and others. Finally, public investments in
urban wildlife management should shift away from organizations that rely solely
or mostly on lethal means to organizations relying on non-lethal means and public
education.[9]
Wildlife management cannot be avoided
because even well intentioned attempts to “leave nature alone can cause grave
ecological harm”[1]
Wildlife management mainly
concentrates on providing water, food, space, and suitable environment for them
to live and reproduce. Merely protection and prevention will not help.
Approaches to Wildlife Management:
1.
Legislation and enforcement to: (a) provide protection for,
or (b) regulate the harvest of certain wild life species
2.
Establishment of refuges or sanctuaries to protect and
provide wildlife with places to live and reproduce
3.
Predator control to reduce predation on : (a) certain
wildlife species, and (b) livestock
4.
Artificial propagation at hatcheries or game farms of
certain species of fish and wildlife for stocking select areas
5.
Feeding of wildlife, especially during winter.
6.
Erection of nest houses and structures for birds and
squirrels, and artificial cover like brush and piles to supplement habitat
management
7.
Habitat management, which in suburban-urban areas, in
addition to vegetation management and water manipulation, involves special
architectural design, placement, and construction of buildings.[10]
CHILDREN AND WILDLIFE
Children and adults should have
knowledge and learn to appreciate wildlife as they are not the same as
portrayed in some cartoon films or strips where they talk and act like humans.
Children are often exposed to cartoons where animals have potential to think,
act like humans. This misconception leaves a false impression on what real animals
are like. The young generation should start associating and volunteering
themselves with animal protection centres and view authentic documentaries on
wildlife in order to learn about animal behaviour and sustainable development
and environment protection as a whole. This will also help reduce animal
cruelty.
We come across people where they pet
turtles or children taking eggs from nests which would be fallen in a park.
Rather than taking these eggs home they have to be placed back in its nest.
CONTROLING ANIMAL NUISANCE
There are lot of cases where human
and wildlife have conflicts as we are competing for like resources. There is a
need to mitigate and take steps in order to control their interference
The term “nuisance” has more to do
with human perception than any characteristics inherent to animals or their
ecology[1]
· Construct buildings that don’t have
high beams, nooks, holes to avoid unwanted birds away.
· Screen openings to prevent access to
birds and squirrels
· Be sure that dustbin lids are tightly
secured to prevent entry, of rats, pigs, and dogs or any other unwelcomed
visitors.
CONCLUSION
We have understood the concept of
urbanisation, wildlife, and urban wildlife. This gives us a broad view on
problems and the management issues faced due to wildlife and human conflicts.
This leads for the need to make laws regarding changing scenario which will
equip us to govern and manage non humans in Indian cities by promoting urban
wildlife which leads to co-exist living.
[2]Puja
Mondal, Urbanisation: causes and effect of urbanisation in India, your article
library,http://www.yourarticlelibrary.com/india-2/urbanization-causes-and-effects-of-urbanization-in-india-766-words/4659/
[3]Forest
survey of India (2013)
[4]NayanKhanolker,
Biology Professor
[5]Taprobanica,
Rhesus macaque and associated problems in Himachal Pradesh- India, Vol.4 no.2,
112-116 (2012)
[6]Nayantara Narayanan, snake attacks in India are
a real problem that no one is talking about, scroll.in (may.7,2016,3:30 PM)
https://scroll.in/article/804584/when-snakes-attack-india-has-a-huge-human-animal-conflict-problem-that-no-one-is-talking-about
[7]Joydeep
Gupta, ganga river dolphin faces extinction, chinadialogue , (Oct
11,2012),https://www.chinadialogue.net/article/show/single/en/5208-Ganga-river-dolphin-in-India-faces-extinction.
[8] Kate
Stenberg.PhD, A biologist’s place is in
city hall: The king county wildlife programme, proceedings of the 4th
International symposium on Urban wildlife conservation.
[9]John
Hadidian, Urban wildlife, Animal and society
institute,https://www.animalsandsociety.org/public-policy/public-policy-libraries/urban-wildlife/.
Article Information
LEGAL PERSPECTIVE ON URBAN WILDLIFE: A ROAD TOWARDS CO-EXISTENCE
Authors: DR. JYOTHI K M
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/01/30
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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