CASE BRIEF Supreme Court on Wildlife Conservation KAZIRANGA- KARBI ANGLONG LANDSCAPE Consistent Usage of Environmental Principles in Wildlife Conservation Shyama Kuriakose The author would like to thank Rohit Choudhury for providing us valuable information on the background and history of the Kaziranga landscape as well as the various judgements that have impacted this landscape in a positive manner. We would especially like to thank P. Sivakumar, Field Director of Kaziranga National Park and all the forest rangers for facilitating our visits to the Kaziranga National Park and its surrounding areas which helped us understand the ground realities. We are also grateful to Dr Anup Nayak, Former Member Secretary, National Tiger Conservation Authority for providing us insights into the nuances of wildlife conservation in India. Without all of their insights, and without the patient editing by Dr Dhvani Mehta and Debadityo Sinha, this case-brief could not have materialized. The author is also thankful to her colleagues Yogini Oke and Esha Rana for their inputs and help. Photographs used in this report were clicked by Debadityo Sinha and were captured during our field visit in and around Kaziranga National Park between 29th November-3rd December 2019. Vidhi would like to thank Tata Education and Development Trusts and Universal Comfort Products Limited for supporting this work. 1 he Supreme Court of India has a and toxic air and landfills in Delhi. They also stellar track record on span different environmental issues- T environmental protection. It is ecological threats posed by dams, efficacy of credited with taking important steps to effluent treatment plants, wildlife clean Delhi’s air, protecting the Taj Mahal conservation, air pollution, and waste from industrial pollution, preserving forests management. Through a combination of and halting polluting activities in the Ganga. field research, judgment analysis and However, the life of environmental law interviews with petitioners, lawyers and exists beyond the courtroom and case other stakeholders, Vidhi has produced a books. While the recognition of important set of five case briefs that provide a environmental principles as part of the law comprehensive overview of each of these of the land is the first step towards judgments and their implementation on the environmental protection, we would be ground. These briefs provide the legal failing in our duty as environmental lawyers, background for each case, present the key activists and academics if we did not facts, summarise the major orders and scrutinise the practical implementation of directions of the Supreme Court and NGT, these principles. We must examine whether and discuss the degree of success with there is compliance with the Court’s orders which these have been implemented. and directions, and if not, identify and address the reasons for this. In focus in this case brief, are the judgments on the conservation of the Kaziranga-Karbi With this objective, the Vidhi Centre for Anglong Landscape in Assam. These Legal Policy has been tracking the judgements include a ban on mining in the implementation of five landmark judgments Karbi Anglong Hills, traffic management on of the Supreme Court of India and the the highway running alongside the park and National Green Tribunal (‘NGT’) on demolition of the Numaligarh Refinery Ltd. environmental protection. These judgments boundary wall which has been creating span different geographical areas-the rivers obstructions in the wildlife corridors. All of Uttarakhand, industrial areas in these directions have been aimed at freeing Telangana, rhinoceroses’ territory in Assam, animal movement within the landscape. 2 hunting, management of PA and restrictions on trade in wild animals or animal articles. Despite such a comprehensive legislation for The Indian subcontinent is teeming with a the conservation of wildlife and its habitats, huge variety of wildlife species. Their habitats problems such as poaching, habitat are not only considered biologically diverse degradation, human-wildlife conflicts and but are also crucial for ecological services diversion of protected areas for development such as watershed conservation and projects, among others, continue unabated. maintenance of biodiversity richness, among Another concern for wildlife conservation is others. Given the high priority that should be threats posed to wildlife habitats and the free afforded to conservation of wildlife species movement of animals from various and their habitats, Indian states have infrastructure development projects. Finding declared a large network of national parks no recourse in the executive/ implementing and wildlife sanctuaries under the Wildlife agencies, wildlife conservationists have Protection Act, 1972 (“WPA”), which may approached the judiciary for remedies time also be referred to as ‘protected areas’ (“PA”). and again. For instance, in the case of Animal The WPA provides for the protection of and Environment Legal Defence Fund v. Union of species of wild animals, plants and their India1, the Supreme Court (“SC”) directed that natural habitats. It has also established fishing licenses of tribals inside the Pench authorities for the implementation of its National Park shall be allowed only if the provisions and includes regulations on conditions for implementing licenses are strictly met without any detriment to wildlife. 3 In Tarun Bharat Sangh, Alwar vs. Union of India2, the African Cheetah into a suitable Indian mining was banned in areas declared tiger habitat.6 reserves in the Alwar District of Rajasthan and within the Sariska National Park. In the specific context of Kaziranga National According to an order under T.N. Godavarman Park (“KNP”), both the SC and National Green Thirumulpad vs Union of India,3 the state Tribunal (“NGT”) have intervened in order to government of Chhattisgarh was directed to protect the park as well as the landscape take all necessary steps to save the wild abutting this park. These interventions buffalo population in the state from include important directions involving a ban extinction. In Indian Handicrafts Emporium v. on mining in the Karbi Anglong Hills, traffic Union of India4, the apex court held that ivory management on the highway running trade which is dangerous to ecology should be alongside the park and other steps to remove regulated or totally prohibited. In 1995, the man-made obstructions in the wildlife Centre for Environmental Law (“CEL”)- corridors, thereby freeing animal movement Worldwide Fund for Nature-India within the landscape. approached the apex court to enquire into the manner in which National Parks and Wildlife Sanctuaries are being managed in the country. The case is still ongoing with the court issuing several significant orders.5 Most recently, the SC allowed the National Kaziranga was notified as a Reserved Forest Tiger Conservation Authority’s (“NTCA”) in 1905, a Game Sanctuary in 1916, a Wildlife application seeking permission to introduce Sanctuary in 1950, and a National Park in 4 1974, the last designation taking place under District and North Karbi Anglong Wildlife the WPA. There have been six extensions Sanctuary (proposed) in Karbi Anglong between 1977 and 1999 to the area under district.10 Thus, maintenance of functional KNP which now stands at 884 sq. km. connectivity between KNP and the Kaziranga hosts the single largest population surrounding forests especially Karbi Anglong of the One Horned Rhinoceros and has two- Hills is imperative to maintaining the integrity thirds of the entire world population. It was of the park and ensuring the survival of the declared a world heritage site by United unique wildlife of the park which evolved with Nations Educational, Scientific and Cultural this landscape. Organization in 1985. The KNP has one of the highest densities of tigers in India and was Highlighting the importance of continuity of declared a Tiger Reserve in 2007. KNP is also KNP with Karbi Anglong Hills, the NTCA in its part of the 3270 sq. km. large Kaziranga-Karbi 2014 report11 stated: Anglong Elephant Reserve. Further, the park has almost the entire population of the “The ecological integrity and long-term survival Eastern Swamp Deer along with several other of wildlife in this area will depend on maintaining wild animals including the Asian Elephant, Kaziranga flood plain with Karbi-Anglong hills Wild Buffalo, Gaur, Sambar Deer, Hog Deer, and surrounding hills as single landscape Capped Langur, Hoolock Gibbon, Sloth Bear, complex. Karbi Anglong hills adjoin the park on etc.789 the south and constitute an ecological extension The National Park is spread over two districts of the park.” of Assam-Golaghat and Nagaon. Most of the park lies on the floodplains of the River Brahmaputra which flows near the northern boundary, with the Karbi Anglong hills towards the southern boundary. River Diphlu It is quite evident from the previous sections is a tributary of the Brahmaputra. The Karbi that conservation at the landscape level and Anglong Hills act as the catchment for both protection of buffer areas around wildlife the wetlands of Kaziranga as well as the habitats is very important. The Environment Rivers Diphlu and Brahmaputra. (Protection) Act (“EPA”), 1986, is relevant in this context as it empowers the central The Karbi Anglong Hills together with the government to declare areas in which certain wetlands of KNP are integral to the survival of industrial activities can be restricted for the the wildlife in