NTCA’s Directive for Relocation of Forest Dwellers from Tiger Reserves: A Controversy

NTCA’s Directive for Relocation of Forest Dwellers from Tiger Reserves: A Controversy

Sub: Env

Sec: Env legislation

Why This Article is in the News

The National Tiger Conservation Authority (NTCA) has recently mandated the relocation of nearly 4 lakh forest dwellers from 54 tiger reserves. This large-scale displacement is intended to ensure that Critical Tiger Habitats (CTHs) remain undisturbed for tiger conservation. The decision has sparked controversy due to its legal and ethical implications, particularly regarding the rights of the forest-dwelling communities.

NTCA’s Relocation Directive

Background and Scope

On June 19, 2024, the NTCA directed all 19 tiger-bearing states to prioritize the relocation of 89,800 families from 848 villages within CTHs. This would involve displacing around 4 lakh individuals, based on an average household size of 4.44. The relocation aims to preserve the integrity of the tiger habitats as mandated by Section 38V(4)(i) of the Wildlife Protection Act (WLPA) 1972.

Current Status

As of recent reports, 25,007 families have been relocated from 251 villages. The central Indian tribal belt, including states like Madhya Pradesh, Rajasthan, Maharashtra, and Chhattisgarh, is heavily affected due to its significant tribal population.

Legal and Procedural Concerns

Wildlife Protection Act and Forest Rights Act

The WLPA prohibits NTCA from interfering with local rights, particularly those of Scheduled Tribes. Similarly, the Forest Rights Act (FRA) requires the recognition and verification of forest rights before any relocation can occur. The NTCA’s directive is seen as conflicting with these legal provisions, raising concerns about its legality and the potential infringement on forest dwellers’ rights.

Historical Context and Issues

The process of establishing Tiger Reserves, which began under Project Tiger in 1973 and was formalized by the WLPA amendment in 2006, was intended to be democratic and scientific. However, the rapid notification of CTHs in 2007, with minimal adherence to legal requirements, has been criticized for its lack of transparency and compliance with the law.

Critical Tiger habitat

• These are core areas of tiger reserves and are identified under the Wild Life Protection Act (WLPA), 1972 based on scientific evidence.
• Such areas are required to be kept as inviolate for the purpose of tiger conservation, without affecting the rights of the Scheduled Tribes or such other forest dwellers.
• The notification of CTH is done by the state government in consultation with the expert committee constituted for the purpose.

Critical Wildlife Habitat

• Critical ‘wildlife’ habitats (CWLHs), on the other hand, are defined only in the Forest Rights Act, 2006.
• CWLHs are meant to be areas of national parks and wildlife sanctuaries that are required to be kept as inviolate for the purpose of wildlife conservation (not just tigers).
• Similar to CTH, the identification of CWLH is done based on scientific and objective criteria, but it mandatorily requires settlement of forest rights under FRA.
• Unlike CTHs, the notification of CWLHs can only be done with the consent of the Gram Sabhas and affected stakeholders.
• Post notification, the forest rights in CWLHs can be modified or resettled subject to certain conditions.

Relocation and Rehabilitation

Compensation and Rights

The relocation is being conducted under the Revised Guidelines for Project Tiger, with families offered a compensation package of Rs 15 lakh. However, this amount is considered insufficient and does not fully address the requirements of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act (LARR) 2013.

According to LARR, fair compensation and comprehensive resettlement plans should include land, housing, and essential services, which are currently lacking in the NTCA’s plan.

Community and Legal Implications

The relocation process has faced criticism for its inadequate consideration of affected communities’ rights and the failure to ensure necessary infrastructure and services at relocation sites.

The Gram Sabhas, which are responsible for managing forest and wildlife resources within their customary boundaries, are concerned about the disregard for legal protections and the potential adverse effects on both tigers and tribal communities.

The NTCA’s directive to relocate a substantial number of forest dwellers from tiger reserves highlights a critical intersection of wildlife conservation and human rights. While aimed at protecting tiger habitats, the implementation of this directive raises significant legal, ethical, and practical challenges that need to be addressed to ensure compliance with laws and protection of affected communities.

Wildlife Protection Act (WPA), 1972

• Objective: The WPA aims to protect wildlife and their habitats, and prevent poaching and illegal trade of wildlife.
• Key Provisions:
  • Scheduled Species: The Act lists protected species in Schedules I-IV, with varying degrees of protection.
  • Protected Areas: Provisions for the creation of National Parks, Wildlife Sanctuaries, and Closed Areas.
  • Wildlife Crime: Defines offenses related to wildlife and stipulates penalties for violations.
  • Conservation Efforts: Establishes mechanisms for wildlife conservation and management, including the formation of State Wildlife Advisory Boards.
• Recent Amendments: Amendments to strengthen conservation measures, such as increased penalties for wildlife crimes.

 National Tiger Conservation Authority (NTCA)

• Establishment: Formed in 2005 under the Ministry of Environment, Forest and Climate Change (MoEFCC).
• Mandate: Responsible for implementing Project Tiger and overseeing tiger conservation efforts across India.
• Functions:
  • Policy and Planning: Formulates and implements policies for tiger conservation.
  • Monitoring and Evaluation: Monitors the status of tiger populations and the effectiveness of conservation programs.
  • Coordination: Coordinates with state governments and other agencies for tiger reserve management.
• Key Programs:
  • Tiger Reserves: Designates and manages Tiger Reserves across India.
  • Conservation Plans: Develops and updates Tiger Conservation Plans for each reserve.

Tigers in India

• Current Population: Estimated between 3,167 and 3,925 tigers as of recent surveys.
• Habitat: Tigers are found in various states, primarily in central and northern India, including key reserves such as Ranthambore, Kanha, Bandhavgarh, and Jim Corbett.
• Conservation Status: Classified as Endangered by the International Union for Conservation of Nature (IUCN). India is home to about 70% of the world’s tiger population.
• Major Threats:
  • Habitat Loss: Deforestation and encroachment reduce available tiger habitat.
  • Poaching: Illegal hunting for tiger parts and prey.
  • Human-Wildlife Conflict: Encroachment leads to conflicts with local communities.
• Conservation Efforts:
  • Project Tiger: Launched in 1973 to create Tiger Reserves and protect tiger habitats.
  • Protected Areas: Establishment of National Parks and Wildlife Sanctuaries.
  • Anti-Poaching Measures: Enhanced patrolling and legal measures to curb poaching.