Government of India and State Governments are also becoming conscious of the
deteriorating wildlife situation and have acted towards creating sager zones to
the wild life within the Reserve Forests by way of creating what are called
'Protected Area'.
Protected area is a board term given primarily to National Parks and
Sanctuaries meant for affording protection to wild animals and their habitat.
They also include game reserves and biosphere reserves. Protected areas have
been set up all over the world with the specific aim of protecting and
conserving animals and plants. In India too these have been set up in various
parts of the country.
The country's first wildlife sanctuary was set up
towards the close of the last century as the Vedanthangal Bird Sanctuary in
Tamilnadu.
At the time of Independence there were only a few National
Parks and Sanctuaries in India. In the year 1987, there were 54 national parks
covering an area of 21,300 Sq.Km and 372 wildlife sanctuaries with 88,649 Sq.Km.
Thus with the combined coverage of 109652sq.km about 3.3% of the total
geographical area of the country has been accorded the status of protected
areas. Wildlife and forests are state subjects under a single administration
setup i.e., Forest Department of each State. The role of the Central Government
9 meaning the Government of India) is mainly advisory. Two developments have had
a greater bearing on the status of wildlife conservation in different states.
The first was the of Wildlife (Protection) Act, 1972 as a unified piece of
legislation. The legislation interalia requires the creation of the post of
Chief Wildlife Wardens and Wildlife Wardens in the states to exercise statutory
power under the Act. The states have to set up state Wildlife Advisory Boards,
on the lines of the Indian Board for Wildlife as the apex advisory body to
advise the State Government on the conservation of wildlife. The second is the
inclusion of protection of wild animals and birds in the concurrent list of the
union in the Constitution of India. This gives the Centre a degree of
legislative control over the States in the conservation of wildlife.
The Government of India have
enacted comprehensive legislature in1972 called the Wildlife (Protection) Act
for providing legal protection to the wildlife and to the endangered species of
fauna in particular as the protection of wild animals and birds and their
habitat assumed national importance. This was done at the time when forest and
protection of wild animals and birds were under the State list. It has a
provision of setting up National Parks and sanctuaries where wildlife can
receive fullest protection. This act has been adopted by all the states except
Jammu and Kashmir and Nagaland. The former have enacted their own legislation
largely on the same lines of the Central Act.
Under the Wildlife
(Protection) Act 1972, the State Governments are empowered to declare any area
as a sanctuary or a National Park for the purpose of protection, propagating, or
developing wildlife their in or its environment.
Many protected areas
have been created after the enactment of Wildlife (Protection) Act of 1972. It
is aimed that at least 5% of the total geographical area of India should be set
aside as protected area for best results so far as wildlife conservation is
concerned.
But a
committee appointed by the Government of India in 1984 has summarized that the
protected areas notified are not well distributed across all
states/biogeographic zones/provinces, and so some endangered animals are being
protected in some special areas. It was also observed that these protected areas
were selected on local consideration earlier rather than on sound ecological
reasons. So, It has been suggested that the network of protected areas proposed
should ensure adequate representation of all biogeographic regions in the
country.
All National Parks and Sanctuaries are however not alike. Some
of them have been created specifically to protect the rare and endangered
species, notable among which are the Gir National Park and sanctuary for the
Asiatic ion, Kaziranga National Park for the Rhinoceros, Dachigam Sanctuary for
the Kashmir stage, Keibul Lamjo to the Brow antlered deer and Velavadar National
Park for Black buck, point Calimer for Black buck and special Tiger reserves.
Creation of series of National Parks, Sanctuaries aim at wildlife
conservation. Mere Constitution alone may not yield the desired result and
achieve the expected goals unless they are backed by habitat improvement
measures, breeding activities, special projects to save the endangered species
from extinction, regulatory mechanisms by way of Acts and Rules, national and
international attention and understanding, special management practices and
funding.
Sanctuaries are accorded a lesser level of regulation, for in
sanctuaries certain type of activities might be permitted not only for the
better protection of wild life, but also for any other good sufficient reason.
Not withstanding any anything contained elsewhere in this Act, no person shall
hunt any animal in a sanctuary or remove there from any wild animal, whether
alive or dead or any trophy, uncured trophy or meat derived from such animal;
Provided that if
the Chief Wildlife Warden is satisfied that it is necessary to hunt or remove
any wild life animal in a sanctuary.
› For the better protection of
wild life or
› For any other good and sufficient reason, he may, with
the previous approval of the State Government, grant a permit authorizing any
person to hunt or remove such wild animal under the direction of an Officer
authorized by him or cause it to be hunted or removed. (Section29 (1) of the
Act).
The Chief Wildlife Warden shall be authority who all shall
control, manage and maintain all Sanctuaries and for that purpose, within the
limits of any Sanctuary,
› May construct such roads, bridges,
buildings, fences or barrier gates and carry out such other works as he may
consider necessary for the purpose of such Sanctuary;
› Shall take
steps as will ensure the security of the wild animals in the sanctuary and the
preservation of the sanctuary and wild animals therein;
› may take
such measures in the interests of wildlife, as he may consider necessary for the
improvement of any habitats.
› May regulate, control or prohibit n
keeping with the interests of wildlife. The grazing or , movement of
cattle;
› May regulate, control or prohibit any fishing. (Section33 of
the Act).
The act further says
that "Wildlife" includes any animal, bees, butterflies, crustacea, fish and
moths; and aquatic or land vegetation which forms part of any habitat (Section2
(37) of the Act).
The Act has laid down certain procedures for the
setting up of National Parks and Sanctuaries with the following broad
objectives.
- To identify the extent and boundary of Park of
Sanctuary.
- To determine rights, if any, that exist within such an
area (To be done by the Collector, or an officer appointed specially for the
purpose by the State Government).
- In the case of existing rights, to
either compensate the owner of such rights, if the owner is agreeable or to
acquire the land or such rights, where the owner is not willing to accept
compensation voluntarily.
- To exclude areas where unacceptable levels
of disturbance exists, and where the disturbance cannot be satisfactorily
stopped.
- To allow the continuation of those activities which are
considered acceptable.
- To provide, for alternatives to public way,
or a common pasture, 'as far as may be practicable or convenient' (Section 25(1)
(f) of the Act).
The
statutory provisions for setting up a National Parks and that of a Sanctuary are
different. In respect of a sanctuary, an area is first declared as a sanctuary
(Section 18 of the Act). Then other steps are followed to determine extinguish
acquire or otherwise adjust rights (Section 19 to 26 of the Act). The activities
that are considered compatible with the interest of wildlife protection are
permitted. On the other hand, for National parks the intention to constitute an
area into a National Park is first notified (Section 35 to the Act) and the rest
of the procedures laid down for constitution of a sanctuary is followed and
completed before declaring an area a National Park (Section 35 (4) of the Act).
Extension in areas to the existing National Parks and Sanctuaries are
usually aimed at making existing areas more ecologically viable and provision
for such alterations is made under Section 35(50 of the Act and for deletion
under Section 24.2(a).
Thus it can be seen that as on July, 2000, a
total area of 1,15,309.38 Sq.Km of area has been notified as 481 Wildlife
Sanctuaries have been notified as protected areas in the country covering 3.51%
of the total geographical areas.
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