T.N. GODAVARMAN THIRUMULPADversusUNION OF INDIA & OTHERS

                        [2012] 3 S.C.R. 460


A               T.N. GODAVARMAN THIRUMULPAD
                                  v.
                    UNION OF INDIA & OTHERS
                 I. A. Nos. 1433 and 1477 of 2005
                                   IN
B                (Writ Petition (c) No. 202 of 1995)

                       FEBRUARY 13, 2012

                [K.5. RADHAKRISHNAN AND
              CHANDRAMAULI KR. PRASAD, JJ.]
c
         Wildlife (Protection) Act, 1972 - Schedule I, Part I, List
    41 and ss. 8, 9, 11 and 12 - Centrally Sponsored Scheme of
    2009 (CSS) titled "Integrated Development of Wildlife
    Habitats" - Rescue plan to save the Asiatic Wild Buffalo, an
D   endangered specie from extinction, which is declared as a
    State animal by the State of Chattisgarh - Plea of State of
    Chattisgarh that they do not have sufficient funds to undertake
    various programmes for protection of wild buffalo within the
    national parks, sanctuaries and also at conservation reserves
E   and community reserves - Held: Not tenable - Apart from the
    human .. animal conflict, the most important threat to wild
    buffalo is inbreeding with feral and domestic buffalo, habitat
    loss/degradation and hunting - Diseases and parasites
    (transmitted by domestic livestock) and competition for food
F   and water between wild buffalo and domestic stock are also
    serious threats - Habitat loss is also a major concern for
    species endangerment - When wild buffalos' eco-system is
    not maintained, they lose their home and either forced to
    adopt new surroundings or human habitat - State of
G   Chhattisgarh directed i) to give full effect to the Centrally
    Sponsored Scheme- "the Integrated Development of Wildlife
    Habitats", so as to save wild buffalo from extinction; ii) to
    ensure that interbreeding between wild and domestic buffalos
    does not take place and genetic purity of the wild species is

H                                460
  T.N. GODAVARMAN THIRUMULPAD v. UNION OF                 461
                   INDIA
maintained; iii) to undertake intensive research and monitor      A
the wild buffalo population in Udanti Wildlife Sanctuary
(Chattisgarh) and other areas, where the wild buffalo may still
be found, including preparing their genetic profile for future
reference; iv) to initiate wildlife training programmes for the
officials of the State Forest Department, especially for          B
managing the above sanctuary and other areas where the wild
buffalos are found and v) to submit Annual Plan of Operations
to the Central Government detailing the proposed course ol
action, if not already done, as per the "Integrated
Development of Wildlife Habitats" scheme, within three            c
months - State Government directed to take all effective steps
to protect the Asian wild buffalo (Buba/us bubalis) - National
Wildlife Action Plan (2002-2016) - National Forest
Commission, 2006 - The International Union for
Conservation of Nature (IUCN) - IUCN Red List of                  0
Threatened Species - Constitution of India, 1950 - Article
51A(g).

    Wildlife (Protection) Act, 1972 - s.36A - New categories
of Protected Areas (PAs) - Conservation Reserves and
Community Reserves - Centrally Sponsored Scheme of                E
2009 (CSS) titled "Integrated Development of Wildlife
Habitats" - Held: Conservation Reserves and Community
Reserves have an important role to play in maintaining
geographical integrity of the Nation - The Centrally
Sponsored Scheme of 2009 (CSS) intended to bring the said         F
two categories of PAs also under the ambit of the Scheme
along with the existing National Parks and Wildlife
Sanctuaries - Environment Protection.

    Environment Protection - Wildlife - fiuman-wi/dlife           G
conflict - Critical threat to survival of many endangered
species - Anthropocentric bias towards man - Held:
Environmental justice can be achieved only if there is a drift
away from the principle of anthropocentric to ecocentric -
Many principles like sustainable development, polluter-pays       H
       '   :
       '




    462        SUPREME COURT REPORTS              [2012] 3 S.C.R.


·'A principle, inter-generational equity have their roots in
     anthropocentric principles - Anthropocentrism is -always
    'human interest focussed while ecocentrism is life-centred,
     nature-centred where nature include both human and non-
     humans - National Wildlife Action Plan 2002-2012 and
  B Centrally sponso_red scheme (Integrated Development of
     Wildlife Habitats) is centred on the principle of ecocentrism.

       Applications were filed before this Court seeking a
   direction to the Union of India and the State of
 C Chhattisgarh to prepare a rescue plan to save the Asiatic
   Wild Buffalo, an endangered specie from extinction and
   to make available necessary funds and resources
   required for the said purpose and also for a direction to
   take immediate steps to ensure that interbreeding
   between the wild and domestic buffalo does not take
 D place and the genetic purity of the wild species is
   maintained. Direction was also sought for to prepare a
   scheme in consultation with the villagers for relocation
   of villagers from the Udanti Wildlife Sanctuary (in
   Chattisgarh) to ensure the survival of the endangered
 E Wild buffalo and that all research and monitoring inputs
   including scientific management of the wild buffalo and
   its habitat be made available on long term basis by
   involving institutes such as the Wildlife Institute of India,
   the Bombay Natural History Society etc.
 F
        Disposing the applications, the Court
        HELD: 1. The steps taken by the State of
   Chhattisgath to preserve and conserve the wild buffalo
   which was declared as a State Animal is far from
 G satisfactory. When the matter came up for final hearing,
   the counsel appearing for the Ministry of Environment
   and Forests (MoEF) made available a copy of the Centrally
   Sponsored Scheme of 2009 (CSS) titled "Integrated
   Development of Wildlife Habitats". The Scheme was
 H formulated during the Eleventh Five Year Plan. The
    T.N. GODAVARMAN THIRUMULPAD v. UNION OF            463
                     INDIA
  Scheme has also incorporated additional components          A
- and activities for implementing the provisions of the
  Wildlife (Protection) Act, 1972, National Wildlife Action
  Plan (2002-2016), recommendations of the Tiger Task
  Force, 2005, and the National Forest Commission, 2006
  and the necessities felt from time to time for the          B
  conservation of wildlife and biodiversity in the country.
  [Para 4] [471-F-H; 472-A]

      2.1. Before coming into force of the Wildlife
 (Protection) Act, 1972, the scheme which was in force C
 was "Assistance for the Development of National Parks
 and Sanctuaries" which used to support only National
 Parks and Wildlife Sanctuaries. However, following the
 amendment to the Act, in 2003, two more categories of
 Protected Areas (PAs) i.e. the Conservation Reserves and
 Community Reserves have been recognized. D
 Conservation Reserves, which are government land, but
 do not require acquisition of rights, nor the curtailment
 of activities as envisaged in National Parks and Wildlife
 Sanctuaries are stated to be the most appropriate
 strategy for connecting protected areas, by providing E
 corridors. Community Reserves are entirely based on
 efforts of the local people on privately owned lands
 which require financial and technical assistance for their
 future management. [Para 5] [472-B-D]
                                                              F
      2.2. Section 36A of the Wildlife (Protection) Act, 1972
 empowers the State Government, after consultations with
 the local communities, declare any area owned by the
 Government, particularly the areas adjacent to National
 Parks and sanctuaries and those areas which link one G
 protected area with another, as a conservation reserve
 for protecting landscapes, seascapes, flora and fauna
 and their habitat. The Act also empowers the State
 Government, where the community or an individual has
 volunteered to conserve wildlife and its habitat, declare
                                                              H
    464     SUPREME COURT REPORTS               [2012] 3 S.C.R.


A any private or community land not comprised within a
  National Park, Sanctuary or a Conservation Reserve, as
  a Community Reserve, for protecting fauna, flora and
  traditional or cultural conservation values and practice.
  The management of Community Reserves shall primarily
B be done by the communities/individuals themselves. The
  Centrally Sponsored Scheme of 2009 (CSS), therefore,
  intended to bring these two categories of PAs also under
  the ambit of the Scheme along with the existing National
  Parks and Wildlife Sanctuaries. Protected Areas, i.e.
c Conservation Reserves and Community Reserves have
  an important role to play in maintaining geographical
  integ'rity of the Nation. [Paras 7, Bf [473-0-G; 474-B]

    Human-wildlife conflict

D     3.1. Human-wildlife conflict is fast becoming a critical
  threat to the survival of many endangered species, like
  wild buffalo, elephants, tiger, lion etc. such conflicts affect
  not only its population but also has broadened
  environmental impacts on ecosystem equilibrium and
E biodiversity conservation. Laws are man-made, hence
  there is likelihood of anthropocentric bias towards man,
  and rights of wild animals often tend to be of secondary
  importance but in the universe man and animal are
  equally placed, but human rights approach to
F environmental protection in case of conflict, is often
  based on anthropocentricity. [Para 9] [474-F-G]

      3.2. Man-animal conflict often results not because
  animals encroach human territories but vice-versa.
  Proper management practices have to be accepted, like
G conservation education for local population, resettlement
  of villages, curbing grazing by livestock and domestic
  animals in forest, etc., including prey-preservation for the
  wild animals. Provision for availability of natural water,
  less or no disturbance from the tourists has to be
H assured. State also has to take steps to remove
     T.N. GODAVARMAN THIRUMULPAD v. UNION OF           465
                      INDIA
encroachments and, if necessary, can also cancel the          A
patta already granted and initiate acquisition proceedings
to preserve and protect wildlife and its corridors. Areas
outside PAs is reported to have the maximum number of
man-animal conflict, they fall prey to poachers easily, and
often invite ire of the cultivators when they cause damage    B
to their crops. These issues have to be scientifically
managed so as to preserve and protect the endangered
species, like wild buffalo and other species included in
Schedule 1 Part 1 of the Wildlife Protection Act, as well
as other species which face extinction. [Para 10) [474-H;     c
475-A-C-E]

     3.3. Environmental justice could be achieved only if
there is a drift away from the principle of anthropocentric
to ecocentric. Many principles like sustainable
development, polluter-pays principle, inter-generational D
equity have their roots in anthropocentric principles.
Anthropocentrism is always human interest focussed
and non-human has only instrumental value to humans.
In other words, humans take precedence and human
responsibilities to non-human based benefits to humans. E
Ecocentrism is nature centred where humans are part of
nature and non-human has intrinsic value. In other
words, human interest do not take automatic precedence
and humans have obligations to non-humans
independently of human interest. Ecocentrism is F
therefore life-centred, nature-centred where nature
include both human and non-humans. National Wildlife
Action Plan 2002-2012 and centrally sponsored scheme
(Integrated Development of Wildlife Habitats) is centred
on the principle of ecocentrism. [Para 14] [477-H; 478-A- G
D]
Recovery Programmes

   4.1. The Centrally Sponsored Scheme also deals with
Recovery programmes for saving critically endangered          H
   466    SUPREME COURT REPORTS              [2012] 3 S.C.R.


A species and habitats. The objective of this recovery plan
  of saving critically endangered species/ecosystems
  cannot be covered under the components of
  Conservation of PAs and protection of wildlife outside
  PAs as disjunct population across a wider landscape/
B seascape. Several programmes are proposed under the
  recovery plan, of which one is to save the critically
  endangered species of Asian Wild Buffalo and
  grasslands and riverine forests of central and north India.
  Several other components were also included in the
c recovery plan such as Dolphin and River Systems, Nilgiri
  Tahr, Asiatic Lion etc. The scheme envisages that the
  Director, Wildlife Preservation, Government of India, in
  consultation with the Wildlife Institute of India or the
  relevant scientific institute/organization and with the
  approval of the Standing Committee of the National
0
  Board for Wildlife can initiate other recovery programmes
  or wind up the ongoing programme. The Director, Wildlife
  Preservation, is also authorised to undertake assessment
  of the effectiveness of any 'recovery programme' already
  undertaken or being undertaken. The Integrated
E Development of Wildlife Habitats scheme specifically
  highlighted the necessity to preserve and conserve the
  habitat of wild buffalo. [Para 16) [478-H; 479-A-D]

       4.2. Conservation and Management of Wildlife, as per
F the Act, is primarily vested in the States I UTs who are in
  physical possession of the area. Many States/UTs have
  set up various regular wildlife wings within the States/UT
  Forest Departments and implemented a scheme as to be
  done in accordance with a work programme covering the
G 11th Plan period. The Centrally Sponsored Scheme,
  therefore, envisages that the State/UTs are required to
  submit Annual Plan of Operations (APOs) to the Central
  Government detailing the proposed course of action,
  which consists of management planning and capacity
H building, anti-poaching and infrastructure development,
  T.N. GODAVARMAN THIRUMULPAD v. UNION OF              467
                   INDIA
restoration of habitats, eco-development and community        A
oriented activities etc. so as to qualify for the financial
assistance under the scheme. The concerned State/UTs
have to follow certain conditions which have been
enumerated in the scheme. [Para 17] [479-G-H; 480-A-B]
                                                              B
    5. The State of Chhattisgarh, in the instant case, has
pointed out that they could not effectively give effect to
some of the programmes ·for preservation and
conservation of wild buffalo due to lack of funds. The
scheme envisages 100% assistance. The State of                C
Chattisgarh has maintained the stand that they do not
have sufficient funds to undertake various programmes
for protection of wild buffalo within the national parks,
sanctuaries and also at conservation reserves and
community reserves. This stand cannot be
countenanced now, especially after the introduction of        D
the Scheme. [Para 18, 19] [480-C; 481-F-G]

     6. Wild buffalo has been included as Item No. 41, Part
I of Schedule I of the Act. Once it is included in Schedule
I, the State Board for Wildlife has to advise the State       E
Government in the selection and management of the
areas to be declared as protected areas, in the formulation
of policy for protection and conservation of the wildlife
etc., as per Section 8 of the Act. Section 9 of the Act
states that no person shall hunt any wild animal specified    F
in Schedule I to IV, except as provided under Sections 11
and 12. [Para 20] [481-H; 482-A]
     7. The International Union for Conservation of Nature
(IUCN) has calculated the percentage of endangered
species as 40% of all organisms. IUCN Red List refers to      G
specific categories of endangered species and includes
critically endangered species. IUCN Red List of
Threatened Species uses the term endangered species
as a specific category of imperilment, rather thar1 as a
general term. Under the IUCN Categories and Criteria,         H
    468     SUPREME. COURT REPORTS              [2012] 3 S.C.R.


A endangered species is between critically endangered and
  vulnerable. Wild water buffalo is included in the category
  of endangered species. Apart from the human-animal
  conflict, the most important threat to wild buffalo is
  inbreeding with feral and domestic buffalo, habitat loss/
B degradation and hunting. Diseases and parasites
  (transmitted by domestic livestock) and competition for
  food and water between wild buffalo and domestic stock
  are also serious threats: Habitat loss is also a major
  concern for species endangerment. When wild buffalos'
c eco-system is not maintained, they lose their home and
  either forced to adopt new surroundings or human
  habitat. Eminent ecologists have proposed biological
  corridors, biosphere reserves, ecosystem management
  and eco-regional planning as approaches to integrate
  biodiversity conservation and socio-economic
0
  development at increasingly larger spatial scales. [Para
  21] [482-8-F]
         8. The subjects 'forest' and 'protection of animals and
    birds' are in the concurrent list of the Constitution and it
E   is the fundamental duty of every citizen of India under
    Article 51A(g) of the Constitution to protect and improve
    the natural environment including forests, lakes, rivers
    and wildlife. It is to achieve the above objective and also
    to give effect to the purpose of the object of the Act that
F   the Central Government has sponsored "the Integrated
    Development of Wildlife Habitats". As per the Scheme
    and the Act, the State Government is empowered to notify
    conservation reserves and community reserves for
    protecting the landscape, seascapes, flora and fauna and
G   their habitat. The Act also empowers the State
    Government to declare any private and community land
    not comprised within the national parks, sanctuaries or
    conservation reserves or community reserves for
    prote~ting fauna, flora and traditional or cultural
H   conservation values and practice. [Para 22] [482-H; 483-
    A-B]
  T.N. GODAVARMAN THIRUMULPAD v. UNION OF                 469
                   INDIA

     9. The State of Chhattisgarh is directed to give effect     A
fully the Centrally Sponsored Scheme - "the Integrated
Development of Wildlife Habitats", so as to save wild
buffalo from extinction. The State also would take
immediate steps to ensure that interbreeding between
wild and domestic buffalos does not take place and               B
genetic purity of the wild species is maintained. The State
is also directed to take immediate steps to undertake
intensive research and monitor the wild buffalo
population in Udanti Wildlife Sanctuary and other areas,
where the wild buffalo may still be found, including             c
preparing them their genetic profile for future reference.
The State is also directed to take appropriate s!eps to
initiate wildlife training programmes for the officials of the
State Forest Department, especially for managing the
above sanctuary and other areas where the wild buffalos          0
are found. The State is also directed to submit Annual
Plan of Operations to the Central Government detailing
the proposed course of action, if not already done, as per
the "Integrated Development of Wildlife Habitats"
scheme, within a period of three months. All effective
                                                                 E
steps should be taken by the State to protect the Asian
wild buffalo (Buba/us buba/is), which is declared as a
State animal by the State of Chattisgarh. [Para 23] [483-
C-G]

    CIVIL ORIGINAL JURISDICTION : I. A. Nos. 1433 and            F
1477.

                                 IN

Writ Petition (Civil) No. 202 of 1995.
                                                                 G
    Under Article 32 of the Constitution of India.

    P.S. Narasimha, Gaurav Agarwal, K. Parmeswar, Haris
Beeran, P.K. Manohar, D.K. Sinha, Rajesh Srivastava, Atul
Jha, Sandeep Jha, Dharmendra Kumar Sinha, C.D. Singh,
                                                                 H
    470      SUPREME COURT REPORTS                   (2012] 3 S.C.R.


A   Tarjit Singh, Manjit Singh, Kamal Mohan Gupta, A Subhashini,
    Bina Madhavan for the appearing paties.

          The Judgment of the Court was delivered by

         K.S. RADHAKRISHNAN, J. 1. Asiatic Wild Buffalo is
B   reported to be the most impressive and magnificent animal in
    the world. Often it is found in the Western and Eastern Ghats
    of the country. Learned Amicus Curiae has moved this Court
    seeking a direction to the Union of India and the State of
    Chhattisgarh to prepare a rescue plan to save Wild Buffalo,
C   an endangered specie from extinction and to make available
    necessary funds and resources required for the said purpose
    and also for a direction to take immediate steps to ensure that
    interbreeding between the wild and domestic buffalo does not
    take place and the genetic purity of the wild species is
D   maintained. Direction was also sought for to prepare a scheme
    in consultation with the villagers for relocation of villagers from
    the Udanti Sanctuary to ensure the survival of the endangered
    wild buffalo. Direction was also sought for that all research and
    monitoring inputs including scientific management of the wild
E   buffalo and its habitat be made available on long term basis
    by involving institutes such as the Wildlife Institute of India, the
    Bombay Natural History Society etc.

       2. The State of Chhattisgarh filed its reply affidavit on
  30.01.2006 explaining the steps taken to conserve and
F preserve the endangered species which was declared as a
  State Animal. Along with the affidavit, a comprehensive
  operational Management Plan for Udanti Wildlife Sanctuary
  was also· enclosed stating that the execution of the said
  Management Plan had suffered setbacks due to acute financial
G shortage for its implementation. Further, it was stated that the
  funds allotted under Central Assistance from the Government
  of India, Ministry of Environment and Forests was not in tune
  with the budget requirement for development of the sanctuary
  and the conservation of the endangered species. A chart
H
   T.N. GODAVARMAN THIRUMULPAD v. UNION OF                     471
          INDIA [K.S. RADHAKRISHNAN, J.]
 showing shortfall in funds for the development of the sanctuary      A
 has also been annexed with the affidavit, so also a table
 showing the census figures of wild buffalos. The reasons for the
 decline of the wild buffalos have also been explained. In order
 to overcome those hurdles, it was stated that an MoU was
 entered into with the Wildlife Trust of rndia on 21.03.2005 which    B
 included special efforts for maintaining the genetic purity of
 those species and for breeding thereof. Steps taken to relocate
 the villagers residing within the sanctuary area has also been
 highlighted.

       3. This Court on 08.09.2006 passed an order directing the      C
  Central Empowered Committee (CEC) to conduct an enquiry
  and submit a report. Affidavit filed by the State was also placed
  before the CEC and it had detailed discussions with the officials
  of the State of Chhattisgarh and MoEF. State of Chhattisgarh
  constituted a task force by its order dated 24.05.2007 for          D
  suggesting steps and formulating an action plan for the
  conservation and increasing the number of wild buffalos in the
  State. Proposal made by the Chief Wildlife Warden to replace
· the domestic buffalos reared by the villagers with cows and
  bullocks it was stated, was also given active consideration.        E
  CEC after consultation with the MoEF as well as the officials
  of the State Government submitted its report on 10.09.2008.

      4. Steps taken by the State of Chhattisgarh to preserve
 and conserve the wild buffalo which was declared as a State          F
 Animal is far from satisfactory. When the matter came up for
 final hearing, the counsel appearing for the MoEF made
 available a copy of the Centrally Sponsored Scheme of 2009
 (CSS) titled "Integrated Development of Wildlife Habitats". The
 Scheme was formulated during the Eleventh Five Year Plan.            G
 The Scheme has also incorporated additional components and
 activities for implementing the provisions of the Wildlife
 (Protection) Act, 1972 [for short the Act], National Wildlife
 Action Plan (2002-2016), recommendations of the Tiger Task
 Force, 2005, and the National Forest Commission, 2006 and
                                                                      H
    472     SUPREME COURT REPORTS                   [2012] 3 S.C.R.


A the necessities felt from time to time for the conservation of
  wildlife and biodiversity1in the country.

         5. Before coming into force of the Act, the scheme which
    was in force was "Assistance for the Development of National
    Parks and Sanctuaries" which used to support only National
8
    Parks and Wildlife Sanctuaries. However, following the
    amendment to the Act, in 2003, two more categories of
    Protected Areas (PAs) i.e. the Conservation Reserves and
    Community Reserves have been recognized. Conservation
    Reserves, which are government land, but do not require
C   acquisition of rights, nor the curtailment of activities as
    envisaged in National Parks and Wildlife Sanctuaries are
    stated to be the most appropriate strategy for connecting
    protected areas, by providing corridors. Community Reserves
    are entirely based on efforts of the local people on privately
D   owned lands which require financial and technical assistance
    for their future management. The Central Government before
    the Act came into force did not have much control over the
    States and the Union Territories for implementation of its
    various schemes and the Parliament, in order to give effect to
E   Article 51A(g}, enacted the Act for the protection of wild
    animals, birds and plants and for matters connected therewith,
    with a view to ensure the ecological and environmental security
    of the country. Article 48A of the Constitution of India imposes
    a duty on the State to protect and improve the environment and
F   to safeguard the forest and wildlife of the country.

        6. Article 51A(g) states that it is the duty of every citizen
   of India to protect and improve the natural environment including
   the wildlife and to have compassion for the living creatures. By
   the 42nd Amendment Act 1976 of the Constitution "Forests"
G,
   was added as Entry 17A in the Concurrent List and the
   "protection of wild animals and birds" was added as Entry 17B.
   Consequently, both the Central and State Governments/UTs are
   mandated with the responsibility of protection and conservation
   of wildlife and its habitat. Chapter IV of the Act deals with the
H
  T.N. GODAVARMAN THIRUMULPAD v. UNION OF                   473
         INDIA [K.S. RADHAKRISHNAN, J.]

"protected areas." Earlier headings 'Sanctuaries', 'National        A
Parks' and 'Closed Areas', was substituted by the words
"protected areas" by Act 16 of 2003. Section 18 of the Act
empowers the State Government to declare its intention to
constitute any area other than an area comprised within any
reserve forest or the territorial waters as a sanctuary if it       B
considers that such area is of adequate ecological, fauna/,
floral, geomorphological, natural or zoological significance, for
the purpose of protecting, propagating or developing wildlife
or its environment. Chapter IV also confers various other
powers upon the State Government like acquisition, initiation       c
of acquisition proceedings, declaration of areas as sanctuary,
restriction on entry to the sanctuaries etc. It is unnecessary to
refer to those provisions for the purpose of the instant case'.

     7. Section 36A of the Act empowers the State
Government, after consultations with the local communities,         D
declare any area owned by the Government, particularly the
areas adjacent to National Parks and sanctuaries and those
areas which link one protected area with another, as a
conservation reserve tor protecting landscapes, seascapes,
flora and fauna and their habitat. The Act also empowers the        E
State Government, where the community or an individual has
volunteered to conserve wildlife and .its habitat, declare any
private or community land not comprised within a National Park,
Sanctuary or a Conservation Reserve, as a Community
Reserve, for protecting fauna, flora and traditional or cultural    F
COl')Servation values and practice. The management of
Community Reserves shall primarily be done by the
communities/individuals themselves. The Centrally Sponsored
Scheme (CSS), therefore, intended to bring these two
categories of PAs also under the ambit of the Scheme along          G
with the existing National Parks and Wildlife Sanctuaries.

     8. The State of Forest Report 2005 states that the forest
and tree cover in the country is around 23.39%, of which forests
constitute around 20.64%. However, the PA network covers            H
    474      SUPREME COURT REPORTS                 [2012] 3 S.C.R.


A only 4.8% of the geographical area of the country with most of
  the PAs forming part of the forest area. At present, India has a
  network of 99 National Parks, 515 Wildlife Sanctuaries, 43
  Conservation Reserves and 4 Community Reserves in different
  bio-geographic zones. Protected Areas, i.e. Conservation
B Reserves and Community Reserves have an important role
  to play in maintaining geographical integrity of the Nation.
  Fact is that many important habitats still exist outside those
  areas which require special attention from the point of view of
  conservation. Habitat of Sandalwood, red sanders, white cedar,
c rhododendrons, Southern Tropical Montane forests, grasslands,
  alpine meadows of Himalayan region, corridors connecting
  PAs and r,rucial wildlife habitats, deserts, tropical swamps,
  rivers, estuaries, bamboo and reed breaks, mangroves, coral
  reefs, deserts etc. are examples of such habitats existing
  outside conventional PAs. The tenurial status of such habitats
0
  ranges from government-controlled Reserved Forests to
  Protected Forests, revenue forests, interspersed vegetation in
  plantation sector, revenue lands, village forests, private forests,
  religious forests, territorial waters, Community Conserved Areas
  etc. Such habitats also act as corridors for wildlife between PAs
E thus ensuring connectivity in the landscape.

    Human-wildlife conflict

       9. Human-wildlife conflict is fast becoming a critical threat
F to the survival of many endangered species, like wild buffalo,
  elephants, tiger, lion etc. such conflicts affect not only its
  population but also has broadened environmental impacts on
  ecosystem equilibrium and biodiversity conservation. Laws are
  man-made, hence there is likelihood of anthropocentric bias
G towards man, and rights of wild animals often tend to be of
  secondary importance but in the universe man and animal are
  equally placed, but human rights approach to environmental
  protection in case of conflict, is often based on
  anthropocentricity.

H         10. Man-animal conflict often results not because animals
  T.N. GODAVARMAN THIRUMULPAD v. UNION OF                      475
         INDIA [K.S. RADHAKRISHNAN, J.]
encroach human territories but vice-versa. Often, man thinks           A
otherwise, because man's thinking is rooted in
anthropocentrism. Remember, we are talking about the conflict
between man and endangered species, endangered not
because of natural causes alone but because man failed to
 pre~erve and protect them, the attitude was destructive, for          B
pleasure and gain. Often, it is said such conflicts is due human
 population growth, land use transformation, species habitat loss,
degradation and fragmentation, increase in eco-tourism,
 access to natural reserves, increase in livestock population,
etc. Proper management practices have to be accepted, like             c
 conservation education for local population, resettlement of
villages, curbing grazing by livestock and domestic animals in
forest, etc., including prey-preservation for the wild animals.
 Provision for availability of natural water, less or no disturbance
from the tourists has to be assured. State also has to take
                                                                       0
 steps tQ remove encroachments and, if necessary, can also
 cancel the patta already granted and initiate acquisitfon
 proceedings to preserve and protect wildlife and its corridors.
Areas outside PAs is reported to have the maximum number
 of man-animal conflict, they fall prey to poachers easily, and        E
 often invite ire of the cultivators when they cause damage to
.their crops. These issues have to be scientifically managed so
 as to preserve and protect the endangered species, like wild
 buffalo and other species included in Schedule 1 Part 1 of the
Wildlife Protection Act, as well as other species which face
 extinction.                                                           F

    11. Management plan for Udanti Wildlife Sanctuary (2002-
2003, 2011-2012) published by the Forest Department of
Government of Chattisgarh, paragraph 3.6.2 of the Report
reveals much more than what meets the eyes which reads as              G
follows:-

          "Prior to declaration as sanctuary this area was part
     of East Raipur Division in which rules to regulate illegal
     poaching and hunting existed.
                                                                       H
    476       SUPREME COURT REPORTS                 [2012] 3 S.C.R.


A               Before declaration of Govt. forest it was under
          control of Bindrawagrah Zameendar.

                In those days shooting was allowed after receiving
          a fee of Rs.25/- at that time. Shooting of wild buffalo was
          prohibited after Govt. Notification no.1905-1517-4 dt.
B
          27.08.1935 but in this zameendari one shooting licence
          holder was entitled to shoot one Bison, one Barasingha,
          Tow spotted deer and one Sambhar. Game rules of C.P.
          and Bear Game Act, 1935 and CP & Bear Bird game
          1942 were existing in this are during past.
c
                After end of Zameendari system when these forest
          became Govt. forest rules were enforced to regulate
          hunting vide notification no.788-2319 DT.19.8.53.

D                In these shooting rules of 1953 shooting of wild
          Buffalo was allowed after formal permission of Govt. But
          shooting of bison was prohibited. In shooting rules of 1955
          different fee was decided for hunting. Shooting of Bison,
          wild buffalo, Barasingha, Tiger, Sambhar, Leopard, Sloth
          Bear and Cheetal were allowed.
E
                These hunting rules were not very effective for
          regulation of shooting and hunting and therefore shooting
          was stopped by Govt. of M.P. completely vide notification
          no. 6036-10(2)-71 dt. Govt. of India in this regard started
F         11.11.1971. Effective steps after enforcement of wildlife
          protection act 1972."

    12. Paragraph 3.6.3.2 deals with encroachment and other
    illegal activity, which reads as follows :-
G         Encroachment and other Illegal activity

               In UWLS encroachment for land hunger is not
          common practice. Sometime due to lack of clearcut
          demarcation live or boundaries, cases of encroachment
H         have been observed. Therefore, village boundary should
  T.N. GODAVARMAN THIRUMULPAD v. UNION OF                     477
         INDIA [K.S. RADHAKRISHNAN, J.]
    be development of villages and for the betterment of              A
    villagers in the revenue villages inside and around the
    sanctuary. These department are revenue, ICDS,
    Veterinary Health Services, Medical Department, State
    Electricity Board etc., semi Govt. village institutions like
    village and Janpad Panchayat are also working for                 B
    development activities.

           More development activity causes more
    interference in forest and the privacy of wild life. These
    ultimately cause conflict with wildlife.
                                                                      c
           Conflict with wildlife to the abnormal behaviour of wild
     animals like aggressiveness of monkey, cattle lifting by
     carnivore, injury by bears during Mahua season etc.

           Development of people is always welcome but not            D
     in the cost of negative ecological in the ecosystem.

     13. Report clearly states that development activities causes
more interference in forest and also the privacy of wildlife and
these ultimately cause conflict with wildlife. Man-animal conflict
often takes place when wild animals cause damage to                   E
agricultural crop and property, killing of livestock and human
beings. Human population growth, land use transformation,
species loss of habitat, eco-tourism, too much access to
reserves, increase in livestock population bordering the forest,
depletion of natural prey base etc., often stated to be reasons       F
for such conflict. Central Govt. the State Governments, and the
Union Territories should evolve better preservation strategies,
in consultation with Wildlife Boards so that such conflicts can
be avoided to a large extent. Participation of people who are
staying in the Community Reserves is also of extreme                  G
importance. The necessity of implementing proper management
measures for preserving the wild buffalo has also been
elaborately stated in the Report.

     14. Environmental justice could be achieved only if we drift     H
    478'. SUPREME COURT REPORTS                    [2012] 3 S.C.R.

A away from the principle of anthropocentric to ecocentric. Many
  of our principles like sustainable development, polluter-pays
  principle, inter-generational equity have their roots in
  anthropocentric principles. Anthropocentrism is always human
  interest focussed and non-human has only instrumental value
B to humans. In other words, humans take precedence and human
  responsibilities to non-human based benefits to humans.
  Ecocentrism is nature centred where humans are part of nature
  and non-human has intrinsic value. In other words, human
  interest do not take automatic precedence and humans have
c obligations to non-humans independently of human interest.
  Ecocentrism is therefore life-centred, nature-centred where
  natun~ include both human and non-humans. National Wildlife
  Action Plan 2002-2012 and centrally sponsored scheme
  (Integrated Development of Wildlife Habitats) is centred on the
  principle of ecocentrism.
0
        15. The National Wildlife Action Plan (2002-2016) is
  intended to provide adequate protection to wildlife in multiple
  use areas such as Government forests outside PAs, various
  Community Conserved Areas like sacred groves, community
E and panchayat forests, identified private forests such as
  interspersed forests in tea, coffee and cardamom gardens and
  other protection landscapes, farm lands, wastelands, wetlands,
  coastal habitats, heronries, wintering wetlands of birds,
  catchment forests, turtle nesting sites, pastures for livestock and
F wild ,herbivore, deserve ecosystems etc.

    Recovery Programmes
        16. The Centrally Sponsored Schema also deals with
  Recovery programmes for saving critically endangered species
G and habitats. It was noticed that, due to variety of reasons,
  several species and their habitats have become critically
  endangered. Consequently, the scheme intends to extend
  support to such recovery programmes for saving critically
  endangered species and their habitat based on the
H requirement felt from time to time. The objective of this recovery
  T.N. GODAVARMAN THIRUMULPAD v. UNION OF                       479
         INDIA [K.S. RADHAKRISHNAN, J.]
plan of saving critically endangered species/ecosystems                 A
cannot be covered under the components of Conservation of
PAs and protection of wildlife outside PAs as disjunct
population across a wider landscape/seascape. Several
programmes are proposed under the recovery plan, of which
one is to save the critically endangered species of Asian Wild          B
Buffalo and grasslands and riverine forests of central and north
India. Several other components were also included in the
recovery plan such as Dolphin and River Systems, Nilgiri Tahr,
Asiatic Lion etc. The scheme envisages that the Director,
Wildlife Preservation, Government of India, in consultation with        c
the Wildlife Institute of India or the relevant scientific institute/
organization and with the approval of the Standing Committee
of the National Board for Wildlife can initiate other recovery
programmes or wind up the ongoing programme. The Director,
Wildlife Preservation, is also authorised to undertake                  D
assessment of the effectiveness of any 'recovery programme'
already undertaken or being undertaken. The Integrated
Development of Wildlife Habitats scheme specifically
highlighted the necessity to preserve and conserve the habitat
of wild buffalo. The scheme states as follows:
                                                                        E
           "Wild buffalo is one of the worst affected mammalian
                      '
     species in the recent times. Domestication of the species
     and continuous interbreeding with domestic buffalo has led
     to inbreeding, genetic disorders, competition and mortality
     due to disease. Apart from this, habitat fragmentation,            F
     degradation, and poaching are the main threats to the
     conservation of this globally threatened species. Urgent
     and concerted efforts are needed to recover this species
     from the brink of extinction."
     17. Conservation and Management of Wildlife, as per the            G
Act, is primarily vested in the States I UTs who are in physical
possession of the area. It was noticed that many States/UTs
have set up various regular wildlife wings within the States/UT
Forest Departments and implemented a scheme as to be done
in accordance with a work programme covering the 11th Plan              H
    480       SUPREME COURT REPORTS               [2012] 3 S.C.R.


A period. The Centrally Sponsored Scheme, therefore, envisages
  that the State/UTs are required to submit Annual Plan of
  Operations (APOs) to the Central Government detailing the
  proposed course of action, which consists of management
  planning and capacity building, anti-poaching and infrastructure
B development, restoration of habitats, eco-development and
  community oriented activities etc. so as to qualify for the
  financial assistance under the scheme. The concerned State/
  UTs have to follow certain conditions which have been
  enumerated in the scheme.
c      18. The State of Chhattisgarh, in the instant case, has
  pointed out that they could not effectively give effect to some
  of the programmes for preservation and conservation of wild
  buffalo due to lack of funds. The scheme envisages 100%
  assistance. It is relevant to extract the Pattern of Funding and
D the same reads as follows:

          Pattern of Funding

          •    Under the Scheme, 100% assistance is provided
               for non-recurring items of expenditure for National
E
               Parks, Wildlife Sanctuaries, Conservation Reserves
               and Community Reserves.



F         •    50% cost of recurring expenditure is provided for
               National Parks, Wildlife Sanctuaries, Conservation
               Reserves and Community Reserves where the
               State Government provides for the balance 50% as
               the matching share.
G
          •    National Parks, Wildlife Sanctuaries, Conservation
               Reserves and community Reserves in mountain
               regions, coastal zones, deserts, or those areas
               which support highly endangered species i.e.
               Snow Leopard, Red Panda, Rhino, Sangai
H              Deer, Phayre's leaf monkey, Musk Deer,
  T.N. GODAVARMAN THIRUMULPAD v. UNION OF                    481
         INDIA [K.S. RADHAKRISHNAN, J.]
           Hangul, Great Indian Bustard, Great Indian                A
           Hornbill,      Siberian      Crane,     Chinkara,
           Chowsingha, Black Buck, Marine Turtles,
           Nilgiri Tahr, Lion Tailed Macaque, Bustards,
           Floricans, Pelicans, Gyps Vultures, Wild Ass,
           Grizzled Giant Squirrel, Clouded Leopard, Wild            B
           Buffalo, Hoolock Gibbon and Lion ~re eligible
           for 100% central assistance for both recurring and
           non-recurring items of expenditure.
                            -
     •     In the case National Parks, Wildlife Sanctuaries,         C
           Conservation Reservation and Community
           Reserves falling in the high mountainous, snow clad
           regions (where working season is limited to a few
           months) in the States of Jammu and Kashmir,
           Himachal Pradesh, Uttarakhand and Sikkim, the
           central assistance shall be given in one instalment.      D
           For other States, the approved allocation shall be
           released in two instalments (80 per cent as 1st
           instalment and balance as 2nd instalment.)

      •     Similarly, subject to site-specific adjustments, as a    E
            guiding principle, a 40:40:20: proportion of financial
            sharing shall be ensured between Centre, State as
            owners of the privately held land, when such areas
            are involved in the case of Community Reserves.
                                                                     F
     19. State of Chattisgarh has maintained the stand that they
do not have sufficient funds to undertake various programmes
for protection of wild buffalo within the national parks,
sanctuaries and also at conservation reserves and community
reserves. This stand cannot be countenanced now, especially
after the introduction of the Scheme.                                G

     20. Wild buffalo has been included as Item No. 41, Part I
of Schedule I of the Act. Once it is included in Schedule I, the
State Board for Wildlife has to advise the State Government
in the selection and management of the areas to be declared          H
    482'    SUPREME COURT REPORTS                    [2012] 3 S.C.R.


A   as protected areas, in the formulation of policy for protection
    and conservation of the wildlife etc., as per Section 8 of the Act.
    Section 9 of the Act states that no person shall hunt any wild
    animal specified in Schedule I to IV, except as provided under
    Sections 11 and 12.
B
        21. The International Union for Conservation of Nature
  (IUCN) has calculated the percentage of endangered species
  as 40% of all organisms. IUCN Red List refers to specific
  categories of endangered species and includes critically
C endangered species. IUCN Red List of Threatened Species
  uses the term endangered species as a specific category of
  imperilment, rather than as a general term. Under the IUCN
  Categories and Criteria, endangered species is between
  critically endangered and vulnerable. Wild water buffalo is
  included in the category of endangered species. Apart from the
D human-animal conflict, the most important threat to wild buffalo
  is inbreeding with feral and domestic buffalo, habitat loss/
  degradation and hunting. Diseases and parasites (transmitted ·
  by domestic livestock) and competition for food and water
  between wild buffalo and domestic stock are also serious
E threats. Habitat loss is also a major concern for species
  endangerment. When wild buffalos' eco-system is not
  maintained, they lose their home and either forced to adopt new
  surroundings or human habitat. Eminent ecologists have
  proposed biological corridors, biosphere reserves, ecosystem
F management and eco-regional planning as approaches to
  integrate biodiversity conservation and socio-economic
  development at increasingly larger spatial scales.

        22. We have seen the subjects 'forest' and 'protection of
G animals and birds' are in the concurrent list of the Constitution
  and it is the fundamental duty of every citizen of India under
  Article 51A(g) of the Constitution to protect and improve the
  natural environment including forests, lakes, rivers and wildlife.
  It is to achieve the above objective and also to give effect to
H the purpose of the object of the Act that the Central Government
  T.N. GODAVARMAN THIRUMULPAD v. UNION OF                     483
         !NOIA [K.S. RADHAKRISHNAN, J.]
has sponsored "the Integrated Development of Wildlife                 A
Habitats". As per the Scheme and the Act, the State
Government is empowered to notify conservation reserves and
community reserves for protecting the landscape, seascapes,
flora and fauna and their habitat. The Act also empowers the
State Government to declare any private and community land            B
not comprised within the national parks, sanctuaries or
conservation reserves or community reserves for protecting
fauna, ·flora and traditional or cultural conservation values and
practice.

     23. We are, therefore, inclined to dispose of this
                                                                      c
application with the direction to the State of Chhattisgarh to give
effect fully the Centrally Sponsored Scheme - "the Integrated
Development of Wildlife Habitats", so as to save wild buffalo
from extinction. The State also would take immediate steps to
ensure that interbreeding between wild and domestic buffalos          D
does not take place and genetic purity of the wild species is
maintained. The State is also directed to take immediate steps
to undertake intensive research and monitor the wild buffalo
population in Udanti Wildlife Sanctuary and other areas, where
the wild buffalo may still be found, including preparing them their   E
genetic profile for future reference. The State is also directed
to take appropriate steps to initiate wildlife training
programmes for the officials of the State Forest Department,
especially for managing the above sanctuary and other areas
where the wild buffalos are found. The State is also directed         F
to submit Annual Plan of Operations to the Central Government
detailing the proposed course of action, if not already done, as
per the "Integrated Development of Wildlife Habitats" scheme,
within a period of three months from today. All effective steps
should be taken by the State to protect the Asian wild buffalo        G
(Buba/us bubalis), which is declared as a State animal by the
State of Chattisgarh.

     24. The applications are disposed of as above.

B.B.B.                   Interlocutory Applications disposed of.      H