Thursday, 10 February 2022

Google Docs Animal and environment legal defence fund v Uoi

 Animal and Environment Leaal Defence Fund v Union of India- Tribal com


who inhabited around the area which was declared as the Pench National Park were shifted

to another area. The tribal communities claimed that one of their traditional sources of

livelihood was fishing in the National Park and that due to relocation, they would lose this

right and livelihood. In this case, the Supreme Court recognised that there was a need to

harmonize wildlife forest and tribal life

Possible Conflicts: The government has been empowered to declare wildlife sanctuaries and

parks in protected areas for conservation of wildlife. However, the construction of parks and

sanctuaries in protected areas also occupied by tribal population can affect the rights or tribal

people over their land. Similarly, the wildlife protection act prohibits hunting of wild animals

without carving out an exception for tribal communities: this can substantially limit the right

of tribal people to carry out traditional activities

The exceotions carved in S.38VS) assume that all tribal peoole's capacitv to apolv for

recognition of their forest land. In 2019. the Supreme Court in Wildlife First & ors v. Ministrv

of Forest and Environment ordered the eviction of one million forest dwellers and multiole

affidavits were submitted to the court. The court's reasoning was that for those forest

dwellers whose claims to forest land have been rejected can be evicted.

There have been recent amendments which have diluted the strong protection afforded to

forest dwellers under the FRA. For instance, the Forest (Conservation) Amendment Rules in

2014 notified that consent from Gram Sabha is not necessary and only the District

Magistrate's consent is sufficient to legitimize an order for clearing out forests. This weakens

the importance of tribal peoole's participation in the democratic process and their rights

under the FRA.

In conclusion, the FRA, the Wildlife Protection Act and the Forest Conservation Act attempt

to harmonize tribal rights and conservation and have enacted strong provisions regarding the

same, the law on paper fails to give effect to these rights because of loopholes present both

in the legislations and recent government notifications and amendments

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