Evolution of wildlife laws and its impact- A look at Project Tiger, 50 years on

Source: The post Evolution of wildlife laws and its impact has been created, based on the article “A look at Project Tiger, 50 years on” published in “The Hindu” on 10th January 2024.

UPSC Syllabus Topic: GS paper3- ecology and environment- Conservation

News: The article discusses how India’s Project Tiger, started in 1973, has expanded tiger reserves and increased tiger numbers. It also covers the challenges faced by forest-dwelling communities due to these conservation efforts, including issues related to their relocation and the recognition of their rights.

What is Project Tiger?

Project Tiger was launched in 1973 to promote conservation of the tiger. It came at a time when the population of tigers in India was rapidly dwindling, due to unfettered hunting and habitat loss.

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How Did the Wildlife Laws Evolve?

1972 Wildlife (Protection) Act (WLPA): National Parks and Wildlife Sanctuaries were established, affecting the rights of forest-dwellers and strengthening state control. Under this act, Critical Tiger Habitats (CTHs), also known as the core areas of tiger reserves, are identified.

Project Tiger (1973): A result of WLPA, leading to the creation of tiger reserves.

2006 Amendment of WLPA: Formation of the National Tiger Conservation Authority (NTCA) and introduction of tiger conservation plans, modifying rights of forest-dwellers in tiger reserves.

Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act 2006 (FRA): Recognized rights of forest-dwellers in tiger reserves and established Gram Sabhas as authorities for forest management.

Introduction of Critical Wildlife Habitat (CWH) under FRA: Different from CTH under WLPA, once notified as CWH, land couldn’t be diverted for non-forest purposes.

Notification of FRA Rules (2009) and Challenges: Planned but overshadowed by the NTCA’s rush to delineate CTHs, leading to notification of tiger reserves without full compliance with WLPA provisions.

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013 (LARR Act): This law mandates fair compensation and rehabilitation for relocated people.

What are the implications of legal changes in Wildlife Laws?

Expansion of Tiger Reserves: From nine reserves in 1973 to 54 in 2022, covering 78,135.956 sq. km across 18 states.

Increase in Tiger Population: Due to enhanced protection, tiger numbers rose to 3,167-3,925 by 2022.

Challenges in Implementing the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act 2006 (FRA): Though recognizing forest-dweller rights, the implementation has been problematic, leading to disputes over land use in tiger reserves.

Lacked buffer area: Under the Wildlife Protection Act of 1972, India designated 26 tiger reserves across 12 states as Critical Tiger Habitats (CTHs), covering 25,548.54 sq. km, 91.77% of which are CTHs. However, except for Odisha’s Similipal, these lacked Buffer Areas until mandated by a 2012 Supreme Court order.

Relocation and Rehabilitation Challenges: Relocation and rehabilitation under wildlife conservation laws like the LARR Act face challenges. Despite legal mandates for fair compensation and resettlement, the process often lacks transparency and adequate compensation, leading to disputes and dissatisfaction among relocated communities.

Conflict with the National Tiger Conservation Authority (NTCA) Directives: The NTCA’s 2007 directive for delineating CTHs conflicted with the FRA’s provisions, complicating the balance between tiger conservation and community rights.

Fixed compensation: The Union and State governments offer ₹15 lakh, increased from ₹10 lakh in 2021, for either cash or relocation under the Project Tiger 2008 guidelines. However, this doesn’t fully cover the legal requirements for compensation, resettlement, and relocation under LARR Act

What should be done?

Respectful and Informed Relocation: Implement relocation policies as per the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act, ensuring that relocation from tiger reserves is voluntary, informed, and includes fair compensation.

Addressing Conflicts Proactively: Develop strategies to proactively address and resolve conflicts that arise from the expansion of tiger reserves and the increased protection measures, balancing conservation needs with the rights of local communities.

Question for practice:

Discuss the implications of legal changes in India’s Wildlife Laws on tiger conservation efforts and forest-dwelling communities.