Category: Forest and Wildlife

ISSUE:

Whether the new interpretation of Section 2 of the Forest Conservation Act is violative of the principles of environmental law?

Whether the usage of timber for commercial purposes is justified?

RULE:

The felling of trees in any forest or any clearing of forest areas for the implementation of projects is carried out in strict accordance with the Forest Conservation Act, 1980 and all other applicable laws. In addition, the activities of chopping and disposing of trees are carried out solely by the State Forest Corporation, and no private agency should be involved in any aspect.

ISSUE:

Whether the decision to reject environmental clearance for the construction of a mine because of its impact on indigenous tribes is lawful.

RULE:

Agriculture was the only source of livelihood for the tribes concerned, apart from the collection and sale of minor forest produce to supplement their income. The tribes had great emotional attachments to their lands. The United Nations Declaration on Rights of Indigenous Peoples notes that tribal forest dwellers have a right to maintain their distinctive spiritual relationship with their traditionally owned or otherwise occupied and used lands.

ISSUE:

Whether the impugned provisions of the act in question are violative of Article 19 (1) (g), where the right of appellants to practice their profession of ivory trade was being curbed,

Whether this prohibition on traders was unreasonable and arbitrary under Article 14 of the Constitution?

RULE:

Trade in imported ivory, which is dangerous to ecology, has been regulated by imposing total prohibition under the Wildlife (Protection) Amending Act of 1991. Such an Amending Act indirectly seeks to protect Indian elephants and to arrest their further depletion.