Editorial Analysis (10th Jan): A Look At Project Tiger, 50 Years On

Context: India’s ambitious tiger conservation efforts, while successful in boosting tiger numbers, have sparked conflict due to legal oversights and the displacement of forest-dwelling communities.

Evolution Of Laws related To Wildlife Protection

• 1972: Enactment of the Wildlife (Protection) Act (WLPA), establishing National Parks and Wildlife Sanctuaries, thereby impacting the rights of forest-dwellers and delineating Critical Tiger Habitats (CTHs).
• 1973: Launch of Project Tiger as a consequence of the WLPA, marking the start of tiger reserves in India.
• 2006: Amendment of WLPA, leading to the creation of the National Tiger Conservation Authority (NTCA) and the introduction of tiger conservation plans, impacting forest-dweller rights in tiger reserves.
  • Introduction of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act (FRA), recognizing the rights of forest-dwellers and establishing Gram Sabhas for forest management.
• Post-2006 FRA Enactment: Introduction of Critical Wildlife Habitat (CWH) under the FRA, stipulating that such land cannot be used for non-forest purposes once designated.
• 2009: Planned notification of FRA Rules, which was complicated by the NTCA’s push to quickly delineate CTHs, leading to the notification of tiger reserves without full adherence to the WLPA.
• 2013: Passage of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act (LARR Act), mandating fair compensation and rehabilitation for communities relocated due to conservation projects.

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Consequences Of Changes

Positive Consequences

• Growth of Tiger Reserves: Expansion from nine tiger reserves in 1973 to 54 in 2022 signifies a significant increase in protected habitats for tigers.
• Rise in Tiger Numbers: Enhanced conservation efforts have resulted in a notable increase in the tiger population, with estimates between 3,167 and 3,925 by 2022.

Negative Consequences

• Challenges with FRA Implementation: The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act 2006 was enacted to protect forest-dwellers’ rights, but its implementation has been contentious and problematic, leading to conflicts over land use within tiger reserves.
• Delay in Establishing Buffer Areas: Initially, the Critical Tiger Habitats, spread over 25,548.54 sq. km in 26 tiger reserves across 12 states, lacked Buffer Areas, crucial for fostering coexistence between wildlife and human communities, until mandated by the Supreme Court in 2012.
• Relocation and Rehabilitation Disputes: The process of relocation and rehabilitation under wildlife conservation laws has been fraught with issues. Despite the LARR Act’s mandate for fair compensation, the actual practices often lack transparency and adequacy, resulting in dissatisfaction among relocated communities.
• Conservation Directives Conflict: The NTCA’s 2007 mandate to delineate CTHs presented conflicts with the FRA’s provisions, creating a complex situation that threatened both tiger conservation efforts and the rights of indigenous communities.
• Inadequate Compensation for Relocation: The fixed compensation for relocation, revised to ₹15 lakh in 2021 from ₹10 lakh, as outlined under the Project Tiger 2008 guidelines, does not fully meet the comprehensive resettlement and relocation requirements stipulated by the LARR Act.

What Should Be Done?

• Voluntary and Fair Relocation Practices: Enforce relocation policies in line with the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act, ensuring that people are relocated from tiger reserves voluntarily, with full knowledge, and receive adequate compensation.
• Proactive Conflict Resolution: Formulate proactive approaches to identify, address, and resolve disputes stemming from the expansion of tiger reserves and heightened conservation efforts, ensuring a balance between the necessity of preservation and the rights and welfare of indigenous communities.

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