National Initiative: Protected Areas in India
The adoption of the National Wildlife Conservation Policy in 1970, followed by the enactment of the Wildlife (Protection) Act, 1972, laid the foundation for India’s expanding network of Protected Areas (PAs).
- At the time of independence, India had only 5 national parks and 60 wildlife sanctuaries. Today, this network has grown significantly, encompassing 669 Protected Areas, covering approximately 4.89% of the country’s geographical area.
This growth has been further bolstered by flagship conservation programmes such as:
- Project Tiger
- Project Elephant
- Crocodile Breeding and Management Project
- Other species-specific and habitat-based conservation efforts
Wildlife Sanctuaries and National Parks
The Wildlife (Protection) Act, 1972 empowered state governments to declare certain areas as Wildlife Sanctuaries or National Parks, depending on their ecological, geomorphological, and natural significance.
- Although the Act does not explicitly differentiate the conservation value of National Parks from Sanctuaries, there are important distinctions in practice.
Wildlife Sanctuary (WLS)
- Areas notified primarily for the protection of specific species or ecosystems.
- Certain human activities (e.g., regulated grazing or resource collection) may be allowed with permission.
National Park (NP)
- Declared for areas of high ecological and natural value.
- Stricter protection regime than sanctuaries.
- No human activity, including grazing or resource collection, is permitted without specific authorization.
Declaration and Governance of Sanctuaries and National Parks
By State Government
Step 1: Preliminary Notification
- The State Government may issue a notification expressing its intention to constitute any area (within or outside reserve forest) as a Sanctuary or National Park, if it holds ecological, faunal, floral, geomorphological, or zoological importance.
Step 2: Final Notification
- After the due process of inviting and settling rights claims, the government may issue a final notification, defining the boundaries and officially declaring the area as a Sanctuary or National Park.
By Central Government
The Central Government may also declare an area as a Wildlife Sanctuary or National Park, if it meets similar ecological and natural criteria.
- In the case of territorial waters, the boundaries must be determined in consultation with the Chief Naval Hydrographer, while ensuring that the livelihood interests of local fishermen are protected.
Boundary Changes
- No changes to the boundaries of a Sanctuary or National Park can be made without the recommendation of the National Board for Wildlife.
- The 1991 Amendment allowed for the inclusion of territorial waters in protected areas to conserve marine biodiversity.
Settlement of Rights in Protected Areas
Upon issuance of a preliminary notification:
- A Collector is appointed to investigate the rights of any person over land within the notified area.
- These rights may relate to access to fuel, fodder, or forest produce.
Options for Settlement
- Exclude the land from the protected area boundaries.
- Acquire the land or rights under the Land Acquisition Act, 1894, or with the owner’s consent.
- Allow continued rights, in consultation with the Chief Wildlife Warden, under specific conditions.
Once the area is declared, no new rights can be acquired except through inheritance (testamentary or intestate succession).
Entry into Protected Areas
No person is permitted to enter or reside in a Sanctuary or National Park without prior permission, except in the following cases:
- Public servants on official duty
- Persons permitted to reside within the area by the Chief Wildlife Warden
- Persons holding existing rights over immovable property in the area
- Persons passing through the area via a public highway
- Dependents of the above-mentioned individuals
Grant of Permits for Entry into Protected Areas
The Chief Wildlife Warden is the authority responsible for controlling, managing, and maintaining all Protected Areas in a state. Upon application, the Chief Warden may issue permits allowing entry or residence within a Sanctuary or National Park for the following purposes:
- Scientific research and wildlife studies
- Photography
- Tourism and eco-tourism
- Lawful business transactions with residents of the protected area
Advisory and Management Roles
- The National Board for Wildlife (NBWL) provides guidance on the establishment, management, and regulation of activities in National Parks, Sanctuaries, and other Protected Areas.
- The State Board for Wildlife (SBWL) advises respective state governments on the selection and administration of areas to be declared as protected.
Conservation Reserves
The concept of Conservation Reserves was introduced through the Wildlife Protection (Amendment) Act, 2003.
Key Features:
- Ownership: These are areas owned by the State Government, located adjacent to National Parks or Sanctuaries.
- Purpose: To protect the landscape, seascape, and wildlife habitats of both flora and fauna.
- Declaration: A state government may declare such areas as Conservation Reserves after consultation with local communities.
- Management: Handled by a Conservation Reserve Management Committee involving local stakeholders.