Skip to main content

Google Docs Animal and environment legal defence fund v Uoi

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

munies

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


Comments

Popular posts from this blog

Concept of constitutionalism

  Concept of constitutionalism Who Started Constitutionalism? John Locke - The English Bill of Rights is a foundational constitutional document that helped inspire the American Bill of Rights. Political theorist  John Locke  played a huge role in cementing the philosophy of constitutionalism.  Constitution is a written law which describes the structure of Government, the rules according to which the Govt. must work and the boundaries within which the Govt. must work. Constitutionalism   can be defined as the doctrine that governs the legitimacy of government action, and it implies something far more important than the idea of legality that requires official conduct to be in accordance with pre-fixed legal rules. Constitution constitution is the document that contains the basic and fundamental law of the nation, setting out the organization of the government and the principles of the society. Basic norm (or law) of the state; System of integration and organi...

business tips

1. Have a clear vision for your business and strive to achieve it. 2. Hire great people and give them ownership in the company. 3. Provide excellent customer service. 4. Establish yourself as an expert in your field. 5. Develop relationships with key suppliers, customers, and partners. 6. Keep track of your finances and invest in marketing and innovation. 7. Utilize digital platforms to reach a larger audience. 8. Take calculated risks and back yourself. 9. Continuously strive to improve your products and services. 10. Make customer satisfaction your priority.

Effects of Non-Registration

 Effects of Non-Registration The Companies Act, 2013 evidently highlights that the main essential for any organization to turn into a company is to get itself registered. A company cannot come into existence until it gets registered. But no such obligation has been imposed for firms by the Indian Partnership Act, 1932. If a firm is not registered it does not cease to be called as a firm, it still exists in the eyes law. Certainly, such a big advantage is not absolute but is subjected to a lot of limitations which we will study further. Non-registration of a firm simply means that the business skips the formalities of incorporation and ceases to exist in the eyes of the law. section 58 of the Indian Partnership Act, 1932 deals with the procedure of incorporation. Likewise, the meaning of non-registration is the exact opposite of registration, meaning when a firm does not go through the procedure of incorporation or start carrying on activities without getting registered. Effects of ...