The Supreme Court on Wednesday said that Tiger Safaris are permitted at the Corbett National Park in peripheral and buffer zones subject to its directions in the Judgment. The top court directed MoEF&CC to appoint a committee to adress the issue of Tiger Safaris in India. The court also laid down extensive guidelines for committee to make recommendations with regard to Tiger Safaris in India in its verdict today.
Noting that the presence of a Tiger in the forest is an indicator of the well-being of the ecosystem, the court said that unless steps are taken for the protection of the Tigers, the ecosystem revolving around Tigers cannot be protected.
Did Supreme Court Ban Tiger Safaris?
No, the Supreme Court in its March 6 Judgment has not banned tiger safaris. It noted that although it will not be permissible to establish a ‘Tiger Safari’ in a core or critical tiger habitat area without obtaining the prior approval of the National Board, such an activity would be permissible in the buffer or peripheral area. It also said that the existing safaris will not be disturbed.
"...a reading of the provisions contained in the proviso to Section 33(a) and the provisions contained in the explanation (ii) of sub-section 4 of Section 38V of the WLP (Wild Life Protection) Act would reveal that, although it will not be permissible to establish a ‘Tiger Safari’ in a core or critical tiger habitat area without obtaining the prior approval of the National Board, such an activity would be permissible in the buffer or peripheral area," the judgment read.
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Whether Establishment Of ‘Tiger Safari’ At Pakhrau Is Legal Or Not
The court said that after carefull consideration of facts it did not wish to interfere with with the decision to establish the ‘Tiger Safari’ at Pakhrau.The court ruled that existing safaris will not be disturbed. Thus the tiger safari at the Jim Corbett National Park, which led to this case is allowed subject to the recommendations of the committee proposed to be appointed.
"However, since there are approvals from the NTCA and the CZA and since the proposal for the establishment of ‘Tiger Safari’ was submitted by the Forest Department of the State, and since the Chief Wildlife Warden was also associated with identification of the location, we find that, though technically there will be non-compliance with the requirement of clause 10 of the 2016 Guidelines; in fact, since most of the authorities mentioned therein are ad idem, we do not wish to interfere with the decision to establish the ‘Tiger Safari’ at Pakhrau, " the court stated.
What's Next For Tiger Safaris?
The court said that it will issue directions with regard to establishment and maintenance of the ‘Tiger Safaris’ upon receipt of the recommendations from the expert committee it has directed to be constituted. And these directions will be applicable to all the existing Safaris including the Safari to be established at Pakhrau.
The court noted that there has been a substantial reduction in tiger poaching and an increase in the tigers’ strength throughout the country. However, the events like illegal constructions and illicit felling of trees on a rampant scale like the one that happened in the Corbett National Park cannot be ignored, the court said.
The court said that it will be appropriate that experts in the field come together and come out with a solution that would go a long way in the effective management and protection of the Tiger Reserves and issued following directions:
1) The Tiger Safaris which are already existing and the one under construction at Pakhrau will not be disturbed.
"However, insofar as the Safari at ‘Pakhrau’ is concerned, we direct the State of Uttarakhand to relocate or establish a rescue centre in the vicinity of the ‘Tiger Safari’."
2) The MoEF&CC shall appoint a Committee consisting of representatives from NTCA, Wildlife Institute of India, CEC, officer of the MoEF&CC not below the rank of Joint Secretary as its Member Secretary. The Committee would be entitled to co-opt any other authority including a representative of CZA and also take the services of the experts in the field, if found necessary.
3) The committee will recommend measures for restoration of the damages, in the local in situ environment to its original state before the damage was caused.
4) It would also assess the environmental damage caused in the Corbett Tiger Reserve (CTR) and quantify the costs for restoration.
5) It would also identify the persons/officials responsible for such a damage. Needless to state that the State shall recover the cost so quantified from the persons/delinquent officers found responsible for the same.
6) The cost so recovered shall be exclusively used for the purpose of restoration of the damage caused to the environment. The committee shall also specify how the funds so collected be utilised for active restoration of ecological damage.
7) The committee, inter alia, shall consider and recommend the question as to whether Tiger Safaris shall be permitted in the buffer area or fringe area. And if such Safaris can be permitted, then what should be the guidelines for establishing such Safaris.
8) While considering the aforesaid aspect, the committee's approach must be of ecocentrism and not of anthropocentrism. And it should apply the precautionary principle to ensure that the least amount of environmental damage is caused.
9) The court further said that the Committee should keep in mind that animals sourced shall not be from outside the Tiger Reserve. Only injured, conflicted, or orphaned tigers may be exhibited as per the 2016 Guidelines. To that extent the contrary provisions in the 2019 Guidelines stand quashed.
10) The committee should also be coniderate that if the Safaris are allowed then they should be proximate to the Rescue Centres.
"Needles to state that the aforesaid factors are only some of the factors to be taken into consideration and the Committee would always be at liberty to take such other factors into consideration as it deems fit."
11) The committee should also provide the type of activities that should be permitted and prohibited in the buffer zone and fringe areas of the Tiger Reserve. "While doing so, if tourism is to be promoted, it has to be eco-tourism. The type of construction that should be permissible in such resorts would be in tune with the natural environment."
12) The committee will also decide on the number and type of resorts that should be permitted within the close proximity of the protected areas. What restriction to be imposed on such resorts so that they are managed in tune with the object of protecting and maintaining the ecosystem rather than causing obstruction in the same.
13) The court further said that committee shoulp provide within how much areas from the boundary of the protected forest there should be restriction on noise level and what should be those permissible noise levels.
14) The committee will also suggest measures that are required to be taken for effective management and protection of Tiger Reserves which will be applicable on a Pan India basis. And the steps to be taken for scrupulously implementing such recommendations.
