Madras High Court Bats For Right Of Animals To Live Without Fear And Distress; Orders Relocation Of 495 Families In Thengumarahada

Relevance: GS3 - Conservation, environmental pollution and degradation, environmental impact assessment GS2 - Government policies and interventions for development in various sectors and issues arising out of their design and implementation. Structure, organization and functioning of the Executive and the Judiciary

(Source: The Hindu, 08/15/2023)

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Why in the news?

Recently, the Madras High Court ordered the relocation of 495 families from Thengumarahada village which is situated within the Mudumalai Tiger Reserve by highlighting the right of animals to live free from fear and distress.

What has the Madras High Court ordered?

• The division bench of the Madras High Court ordered the relocation of 495 families from Thengumarahada village.
• According to the Court, it was not acceptable that the relocation of the village was hampered because the state of Tamil Nadu in which it is located contributed only a small share to CAMPA funds.
• According to the last tiger census, around 33 tigers were reported in the landscape surrounding Thengumarahada.
  • The village which lies in the valley and includes heavily fenced farmlands spread over 500 acres in the midst of pristine forest blocks the crucial migratory routes of elephants in the Mudumalai-Sathyamangalam region.
• Although the Forest Department had begun taking steps to reclaim the land and a proposal regarding this had been sent to the NTCA by the state government in October 2022.
  • However, NTCA stated that did not have any funds, and the National CAMPA which has ₹8,154.84 crore expressed reluctance to provide the necessary funds to relocate the Thengumarahada residents.
• The court criticized the authorities for their reluctance and cited Article 48A of the Constitution to rule that the government must take necessary action and allocate the necessary funds to the NTCA.
  • As per Article 48A, the Centre should endeavor to safeguard the forests and wildlife of the country.
• The court directed the release of funds as the National CAMPA possessed ₹8,154.84 crores which can be utilized for the present purposes.
  • Moreover, the Union of India has a statutory duty based on the Directive Principles of State Policy to protect wildlife of the country, which is an urgent, and critical matter.

Compensation

• The court ordered each person relocated from the village to be compensated with an amount of ₹15 lakhs per person.
• The total compensation of ₹74.25 crores should be released to the National Tiger Conservation Authority (NTCA) from the Compensatory Afforestation Fund Management and Planning Authority (CAMPA).
• The NTCA was directed to transfer the entire amount to the Principal Chief Conservator of Forests of Tamil Nadu (PCCF) within two months.
• The PCCF must disburse the compensation and relocate the villagers within a month.
• The judgment also stated that a compliance report must be filed before the court by October 10, 2023.

Thengumarahada

• Thengumarahada was formed by State action after a Government order issued on August 5, 1948 for the leasing out of 100 acres to the Thengumarahada Vivasaya Corporation or the Thengumarahada Cooperative Society for farming.
• In 1961, the extent of the area was increased to 500 acres.
• It is located around 403 kilometers away from Chennai and 171 Km from Bengaluru.
• It is one of the rare places in India which houses healthy breeding populations of animals such as tigers, elephants, leopards, sloth bear, wild dogs, hyenas, black bucks, four-horned antelopes, barking deer, mouse deer, sambar, star tortoise, etc.
• However, the human settlement in the forest area has resulted in increased man-animal conflict.
  • This was because the village was located at the confluence of the rich biodiversity regions of the Eastern Ghats and the Western Ghats which was a corridor for most of these long-ranging wild animals.

NTCA

• The National Tiger Conservation Authority is a statutory body under the Ministry of Environment, Forests, and Climate Change.
• It was established in 2005 under Section 38 L (1) of the Wildlife Protection Act, 1972 following the recommendations of the Tiger Task Force.
• Structure:
• It consists of the Minister in charge of the Ministry of Environment and Forests as its Chairperson, the Minister of State in the Ministry of Environment and Forests as its Vice-Chairperson, three members of Parliament, the Secretary of the Ministry of Environment and Forests, and other members.
• Objectives:
  • Provide statutory authority to Project Tiger to ensure compliance with its directives.
  • Foster Center-State accountability in Tiger Reserve management within the federal structure.
  • Provide parliamentary oversight over tiger conservation activities.
  • Address the livelihood interests of the local people in areas surrounding Tiger Reserves.
• Powers:
  • Approve the State Government's tiger conservation Plan
  • Evaluate and assess various aspects of sustainable ecology and prohibit any ecologically unsustainable land use within tiger reserves
  • Manage and address man-animal conflict and promote coexistence
  • Develop future conservation plans, population estimates of tigers and their natural prey species, habitat status, disease surveillance, mortality surveys, patrolling, reports on unusual events, and any other management aspects that it deems appropriate, including future conservation plans;
  • Facilitate and support the management of tiger reserves and capacity-building programmes for tiger reserve officers and staff
  • Ensure scientific support, information technology, and legal assistance, for better tiger conservation plan implementation;
  • Other functions in relation to tigers and their habitat conservation
• CAMPA
  • The Compensatory Afforestation Fund Management and Planning Authority (CAMPA) was established in April 2004 by the central government in accordance with the Forest Conservation Act and orders of the Supreme Court.
  • It is a National Advisory Council chaired by the Union Minister of Environment and Forests for monitoring, technical assistance, and evaluation of compensatory afforestation activities.
  • The Centre enacted the CAF Act in 2016, and the associated rules were announced in 2018.
  • As per the rules, 90% of the CAF money is to be given to the states while 10% is to be retained by the Centre.
  • The Compensatory Afforestation Fund Management and Planning Authority (CAMPA) oversaw the monies received for compensatory afforestation up until the time the CAF Act was implemented.
• PCCF
  • The Principal Chief Conservator of Forests is the highest-ranking officer belonging to the Indian Forest Service in the state.
  • He/she is responsible for managing the Forests, Environment, and Wild-Life related issues of the state.
• Duties:
  • General administration of forests.
  • Laying down and guidance of the general policy of forest management and research,
  • Assisting the Secretariat in dealing with forest business.
  • Technical adviser to the State Government
  • Sanction, formation, and redistribution of beats and ranges.
  • Submission of proposals to the Government regarding redistribution of divisions and circles.
  • Preparation of budgets
  • Supervision of recruitment

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FAQs

MCQs

Question: Consider the following statements:

1. Animal Welfare Board of India is established under the Environment (Protection) Act, 1986.
2. National Tiger Conservation Authority is a statutory body.
3. National Ganga River Basin Authority is chaired by the Prime Minister.

Which of the statements given above is/are correct? (UPSC CSE 2014)

(a) 1 only

(b) 2 and 3 only

(c) 2 only

(d) 1, 2 and 3

Question: Which of the following are in Agasthyamala Biosphere Reserve?

(a) Neyyar, Peppara and Shendurney Wildlife Sanctuaries; and Kalakad Mundanthurai Tiger Reserve

(b) Mudumalai, Sathyamangalam, and Wayanad Wildlife Sanctuaries; and Silent Valley National Park

(c) Kaundinya, Gundla Brahmeswaram, and Papikonda Wildlife Sanctuaries; and Mukurthi National Park

(d) Kawal and Sri Venkateswara Wildlife Sanctuaries; and Nagarjunasagar-Srisailam Tiger Reserve