The Supreme Court of India has delivered a pivotal judgment aimed at reinforcing the protection of Tiger Reserves, strictly prohibiting the establishment of tiger safaris within the core or critical tiger habitat areas. A three-judge bench, led by Chief Justice of India B.R. Gavai, mandated that any new tiger safari must be situated only on “non-forest land” or “degraded forest land” in the buffer zone, provided it does not compromise a designated tiger corridor.
New Norms for Tiger Safaris and Conservation
The bench introduced stringent conditions for the operation of any approved tiger safari. Critically, a safari can only be established in association with a full-fledged rescue and rehabilitation centre for tigers, which will house conflict, injured, or abandoned animals. Only these rescued or conflict animals from the same landscape should be used in the safaris. The court also restricted vehicle operations within the safaris, mandating the use of solar/hybrid or electric vehicles only, with strict regulation.
The judgment also sets clear deadlines for various compliance actions by the states:
• Core and Buffer Areas: States must notify the buffer and core areas of all tiger reserves within six months.
• Eco-Sensitive Zones (ESZs): ESZs around all tiger reserves, including buffer and fringe areas, must be notified within one year.
• Tiger Conservation Plan (TCP): A TCP must be prepared or revised within three months.
The National Tiger Conservation Authority (NTCA) has been directed to oversee the implementation of the TCPs and ensure that the mandated Steering Committees for each reserve meet at least twice a year.
Redefining Human-Wildlife Conflict and Compensation
In a significant move to enhance relief for affected families, the Supreme Court suggested that states should actively consider classifying human-wildlife conflict as a “natural disaster.” This classification, already adopted by a state like Uttar Pradesh, would facilitate the faster disbursal of funds and provide immediate access to disaster management resources, ensuring clearer administrative accountability.
Furthermore, the court made the payment of an ex gratia amount of ₹10 lakh mandatory for every human death caused in such incidents. This compensation amount, fixed by the Ministry of Environment, Forest and Climate Change under the CSS Integrated Development of Wildlife Habitats scheme, must be uniform across the country to avoid discrepancies and delays.
The court directed the NTCA to frame model guidelines on human-wildlife conflict within six months, allowing consultation with states and the Central Empowered Committee. States will then have six months to implement these final guidelines.
Prohibited and Regulated Activities
To safeguard the ecological integrity of the tiger reserves, the court banned several activities in the buffer and fringe areas. Prohibited activities include:
• Commercial mining.
• Setting up of saw mills and polluting industries.
• Establishment of major hydroelectric projects.
• Tourism-related activities such as overflying the reserves by low-flying aircraft (including drones and hot air balloons).
Conversely, some activities are allowed subject to regulation, such as the establishment of hotels and resorts as per approved tourism prescriptions, commercial use of natural water resources, and regulated movement of vehicular traffic at night.
Directives for Corbett Reserve Restoration
The Supreme Court also issued a specific set of directions to rectify the severe ecological damage at the Corbett Tiger Reserve, which was the focus of the PIL regarding illegal constructions, roadworks, and tree felling during the establishment of the Pakhrau Tiger Safari.
Accepting the recommendations of an Expert Committee, the court directed the Uttarakhand government to begin the demolition of all unauthorised structures within three months and to file a compliance affidavit within one year. The Uttarakhand Chief Wildlife Warden must submit a comprehensive restoration plan within two months, focusing on the removal of above-ground constructions, restoration of hydrological flows, and plantation using only native species.