CENTER FOR ENVIRONMENTAL LAW, WWF-I V UNION OF INDIA
(ASIATIC LIONS CASE)
FACTS
The Wildlife Institute of India, under the Ministry of Environment & Forests was involved in researching better management of Gir forest which was the sole habitat in the world for the endangered Asiatic Lions.
The research highlighted the necessity for a second natural habitat for Asiatic Lions with the objective of risk mitigation and long-term conservation of the species and three alternative sites for relocation – Darrah Jawaharsagar Wildlife Sanctuary Rajasthan; Sitamata Wildlife Sanctuary Rajasthan; Kuno Wildlife Sanctuary Madhya Pradesh.
Field survey of the three sites was conducted and after necessary factors were taken into consideration, the committee found Kuno Wildlife Sanctuary to be the most suitable for relocation.
After the report highlighting the rehabilitation plan was made the state of Madhya Pradesh undertook massive rehabilitation rehabilitation package for relocation including rehabilitation of around 18 villages and obtained permission from the Ministry under Section 2 of Forest (Conservation) Act. The Government of India constituted a Monitoring Committee, which identified that the whole project would take 20 years, so it was to be implemented in three phases.
MoEF sent a detailed proposal of the project to the Gujrat Government, but the state’s Tribal Affairs, Forest and Environment Ministry objected to the relocation and there was no commitment on the part of the state for the project.
Resultantly this matter was referred to the Apex Court, which directed the submission of the proposal before the National Board for Wildlife (NBWL).
After the proceeding NBWL was of an opinion that the relocation of the lions must be done for their conservation and protection, but the state of Gujrat remained non-compliant.
ISSUES
- Was there a necessity to relocate Asiatic Lions, which are an endangered species from Gir to Kuno?
- Whether the State of Gujrat is liable to translocate the Asiatic Lions from Gir National Park to Kuno for the reintroduction of the endangered species?
- Whether proper research and study had been conducted by researchers for the effective implementation of the project?
CONTENTIONS
Applicants
- The matter was of extreme urgency for the protection of Asiatic Lions as they were included in the Red List prepared by IUCN and highlighted the steps taken by the MP government for the project.
- Relying on the independent study by WII, it was submitted that Kuno had sufficient prey base for the lions and adequate training had been given to the forest staff for monitoring Asiatic Lions at Gir.
Respondent
- There was no need to relocate the lions. The population of Asiatic Lions had been adequately protected in the Gir forests and adjacent sanctuaries of the Gir forests in Gujarat.Infact due to the efforts of the Gujarat Government,the number of Asiatic Lions has gone up and therefore there was no need for immediate translocation of Asiatic Lions.
- Kuno was not a suitable alternative habitat to the species like Asiatic Lions due to various factors such as the presence of tigers, poaching, climatic condition, etc.
HELD
- It was upheld that the Kuno wildlife sanctuary was fit for the reintroduction of Asiatic Lion along with the approval of NBWL.
- The bench gave importance to the translocation of Asiatic Lions and decided that reintroduction should be done as per IUCN guidelines and with the active participation of the experts in this field.
- The court also recommended constituting an expert committee consisting of senior officials of MoEF, Chief wildlife Wardens of both MP and Gujarat, and the experts in the field, to assess the density of the prey base and other factors for relocation at Kuno.
- The court directed the Government of India & MoEF to identify all the endangered species and study their needs to establish a secure habitat for them. The court emphasised on the need for providing attention to the implementation of recovery programs, which would be carried out with the commitment of courts and environmentalists.