MODULE III

FOREST CONSERVATION

INTRODUCTION

Today majority of people in India live in the rural areas. Forest plays an important role in the
rural economy. Fruits of Mahua tree, leaves of sal and tendu trees are gathered by local
people. They are a source of earning cash income from local markets. Forests provide jobs
and incomes that supplements agricultural production. Forest produce like fuel, wood, food
and building material for the home.

70%of rural people depend on fuel food. In India Forest Sector is the largest land use after
agriculture. 300 million people live near forests. About 100 million are completely dependent
on forests for survival. They make a living by collecting and selling leaves, bamboo, fruits,
seeds gums and medicinal plants.

The first Forest law was made by the British Government for protecting their commercial
interest.

The Indian Forest Act, 1927

The first Act- The Indian Forest Act was passed in 1927.

This Act was to secure exclusive state control over forests to protect timber trees and other
forest produce.

The Act defined state ownership over forest areas. It reserved the power to regulate use of
forest. Finally they used the power to substitute or override customary rights.

The Act created three categories of forestS, namely

• Reserved Forests

• Village Forests

• Protected Forests

Reserved forests are the most protected of these three categories. No rights can be acquired
in reserved forests. Except by succession or under a grant or contract with the government.
Felling trees, grazing cattle, removing forest products, quarrying, hunting and fishing in RF
areas was an offence.

• Indian forest Act is an act of central government.

“Nistar” rights were recognised in few cases. Nistar rights are traditional rights of access and
rights of using forest produce.
Village Forest- State government could assign rights of use of a government forest to a
village. They could use it for forest-produce. It was the duty of the villagers to protect and
improve such forests.

Critique of 1927 Act

 1927 Act paved the way for commercialization of forests in India

 Eviction of traditional forest communities from their natural habitat

 Viewed forest as a source of revenue and raw materials

 The result was large scale deforestation and deterioration of forest habitat

In this context, the Independent India enacted a new law, which was Forest Conservation Act,
1980.

Forest (Conservation) Act of 1980 (FCA, 1980)

The Forest (Conservation) Act of 1980 (FCA, 1980) is an act by the Parliament of India
which ensures conservation of forest and its resources.

It was enacted by the Parliament of India in order to control the ongoing deforestation of the
forests of India. It came into force on October 25, 1980 containing five sections.

Objectives

1. Protect the forest along with its flora, fauna and other diverse ecological components
while preserving the integrity and territory of the forests.

2. Arrest the loss of forest biodiversity

3. Prevent forest lands being converted into agricultural, grazing or for any other
commercial purposes and intentions.

4. To protect the forest, its flora, fauna and other diverse ecological components. To
protect the integrity, territory and individuality of the forests.

Features

1. The Act restricts the state government and other authorities to take decisions first
without permission from the central government.

2. The Forest Conservation Act gives complete authority to the Central government to
carry out the objectives of the act.

3. The Act levies penalties in case of violations of the provisions of FCA.

4. The Forest Conservation Act will have an advisory committee which will help the
Central government with regard to forest conservation.
SECTIONS

Section 1: Title and scope

Section 1 of the Act talks about its title, scope and commencement. This Act is known as the
Forest (Conservation) Act, 1980. This law applies to the whole country except Jammu and
Kashmir.

Section 2: Restriction of forests being used for non-forest purposes.

The section lists restrictions where state authorities cannot make laws regarding forest
without the permissions of the Central Government. The emphasis is on ‘non forest purposes’
which means that clearing forest land for the planting of:

• Tea

• Coffee

• Spices

• Rubber

• Palms

• Oil-bearing

• Medicinal plants

Section 3: Advisory committee

As per Section 3 of this Act, the Central government has the power to constitute an advisory
committee to advice on matters related to advising the central government on the preservation
of forests.

Section 3A: Penalties

This Section 3A was added by the amendment made in 1988. According to this section,
whoever violates or abets the violation of any law contained under Section 2 shall be
punished with simple imprisonment for any prescribed term which may increase up to 15
days.

Section 3B: Offences by authorities and government offices

This Section 3B was also added by the amendment made in 1988. This section talks about the
offences committed by the Authorities and the government Department.

According to section 3B(1), whenever any offence under this Act is committed by any
department of the government, head of the government, any authority or any person who at
the time of the commission of the offence was responsible for the conduct of business, shall
be made liable for the offence under the Act.
However, the same person can save himself by proving that the offence was committed
without his knowledge and also, he took all the possible measures to prevent the commission
of the offence.

According to Section 3B (2), when an offence under this Act has been committed by a
person other than the department of the government, head of the government or the authority
mentioned under sub-section 1, with his consent or due to his negligence, then such persons
shall be declared guilty under the Act and also be made liable to proceedings and
punishments.

Section 4: Rulemaking power

Under Section 4, the Central government has the power to carry out the laws prescribed under
this Act, by notifying in the official gazette. Before forming any rule, it should be presented
before both houses of the parliament for a period of thirty days. Both the houses of the
parliament shall agree to do the modification or form the new rule under the Act.

Section 5: Repeal

This section of the Act repealed the Forest (Conservation) Ordinance, 1980.

IMPORTANT CASE LAWS

• Tarun Bharat Singh v. Union of India (1993)

In the instant case, a voluntary organisation approached the Supreme Court through a PIL
filed under Article 32 of the Indian Constitution. The petition was against the illegal mining
going on in the reserved area of the Alwar District. Despite the fact that the area was reserved
under the Act, the state government had granted hundreds of licences for mining marble.

The Court held that whenever an area is declared as the protected forest it comes within the
purview of the Forest (Conservation) Act and now, the State government cannot carry on any
non-forest activity in the reserved area without the prior permission of the Central
government. As mining is a non-forest activity, the State government’s action to grant a
licence for mining or renewing their licence for mining is contrary to law. An interlocutory
direction was also passed to the State government and the mine owners to stop the illegal
activity in the reserved area.

• State of MP v. Krishnadas Tikaram (1994)

In this case, the respondents were granted the mining lease of limestone in the forest area in
the year of 1966 for a period of 20 years. In 1986, after its expiry, the respondents
approached the State government for its renewal. The State government passed the orders to
renew the lease for further 20 years. The Forest Department cancelled this order. This
cancellation was challenged before the Supreme Court of India.
The Court held that under Section 2 of the Forest (Conservation) Act, the state cannot grant
or renew the licence without the prior approval of the Central government. Therefore, the
cancellation of the order was properly made.

• Krishnadevi Malchand Kamathia v. Bombay Environmental Action (2011)

In this case, an application was filed by the District collector to initiate the contempt
proceedings against the appellants for violating the orders to the court. The court had issued
directions to remove the newly constructed bund so that seawater can come in to protect the
mangrove forests. The order tried to restrain the appellants from indulging in any activity
which will harm the mangrove forests. The appellants have the licence to manufacture salt at
the place.

The Supreme Court held that the manufacturing of salt by solar evaporation of seawater is not
permitted in the area as that area is home to the mangrove forests. The mangrove forests are
of great ecological importance and are also ecologically sensitive and that is why they fall
under the category of CRZ-I (Coastal Regulatory Zone-I). The Coastal Area Classification
and Development Regulations, 1991 classifies the Coastal Regulatory Zone, and according to
it, the manufacturing of salt is prohibited.

FOREST RIGHTS ACT

Scheduled Tribes And Other Traditional Forest Dwellers (Recognition Of Forest

Rights) Act, 2006

The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights)
Act, 2006, is a key piece of forest legislation passed in India on 18 December 2006. It has
also been called the Forest Rights Act, the Tribal Rights Act, the Tribal Bill, and the Tribal
Land Act

Objectives:

1. To correct the historical wrongs done to forest dwelling community members.

2. To guarantee land tenure, livelihood, and food security for forest dwelling scheduled
tribal communities also, including other traditional tribal communities.

Forest Rights Act 2006 (FRA 2006) protects the rights of forest-inhabiting tribal
communities and other tribal communities to forest reserves upon which the communities
rely. These communities depend upon forest resources for various news such as livelihood,
tenements, and other social-cultural needs.

The Forest Rights Act 2006 also requires the Gram Sabha and rights holders to conserve and
protect biodiversity, wildlife, forests, neighbouring catchments, water bodies, and other
ecologically fragile zones and to halt any dangerous practices affecting these reserves or
tribal cultural and natural heritage.
According to the Ministry of Tribal Affairs, Government of India, the FRA Act 2006
includes:

• individual rights such as self-cultivation and habitat

• community rights such as grazing, fishing, and

• access to naturally distributed water bodies in forests,

• habitat rights for particularly vulnerable tribal groups (PVTGs),

• traditional and seasonal resource utilization of Nomadic and Pastoral community

members,

• biodiversity access,

• community right to traditional knowledge and intellectual property, acknowledgment

of traditional customary rights, and

• the right to defend, regrow, preserve, and manage community forest resources for
sustainable usage.

It also guarantees the right to allocate forest land for the purpose of development in order to
meet the community’s basic infrastructure requirements.

Features of Forest Rights Act 2006

• The act acknowledges and safeguards the rights over forests and habitation in the
forest land, in the case of Forest Dwelling Scheduled Tribes (FDST), including Other
Traditional Forest Dwellers (OTFD) who have resided in these forests for decades.

• In addition, FRA 2006 defines the powers and responsibilities of FDST and OTFD
for sustainable usage, biodiversity conservation, and preserving balance in the
ecological systems.

• It solidifies the forest conservation regime while guaranteeing the FDST and OTFD’s
ability to make a living and their food security.

• It aims to right a colonial wrong done to FDSTs and OTFDs, which are critical to the
survival and sustainable preservation of the forests.

Rights Under the FRA 2006

The Forest Rights Act 2006 distinguishes four kinds of rights:

• Title rights: It grants FDSTs and OTFDs ownership rights to the land farmed by
tribal or forest communities, up to 4 hectares. Possession is granted only for the land
that is currently being farmed by the related family; none of the new lands will be
provided.
 • Relief and development rights: The rehabilitation process for either illegal eviction
or forced migration and basic amenities based on forest protection restrictions.
• Use rights: Rights of inhabitants include the extraction of slight forest produce, areas
for grazing, pastoralist routes, and so on.
• Forest management rights: It includes the power to defend, regenerate, safeguard, or
manage any of the community forest resources that have traditionally been protected
and conserved for long-term use.

WILDLIFE PROTECTION LAWS

Constitutional Provisions for Wildlife:
The 42nd Amendment Act, 1976, Forests and Protection of Wild Animals and Birds was
transferred from State to Concurrent List.
Article 51 A (g) of the Constitution states that it shall be the fundamental duty of every
citizen to protect and improve the natural environment including forests and Wildlife.
Article 48 A in the Directive Principles of State policy, mandates that the State shall endeavor
to protect and improve the environment and to safeguard the forests and wildlife of the
country.
Wildlife (Protection) Act, 1972:
The Act was enacted for the protection of plants and animal species. It extends to the whole
of India except the State of Jammu and Kashmir. Prior to this legislation, India had only five
designated national parks. At present, there are 101 National Parks in India.
Authorities Appointed under the Act:
• The Central Government appoints the Director of Wildlife Preservation and assistant
directors and other officers subordinate to the Director.
• The State Governments appoint a Chief Wildlife Warden (CWLW) who heads the
Wildlife Wing of the department and exercises complete administrative control over
Protected Areas (PAs) within a state.
• The state governments are also entitled to appoint Wildlife Wardens in each district.
Prohibition of hunting:
It prohibits the hunting of any wild animal specified in Schedules I, II, III and IV of the Act.
Exception: A wild animal listed under these schedules can be hunted/ killed only after getting
permission from the Chief Wildlife Warden (CWLW) of the state if:
1. It becomes dangerous to human life or to property (including standing crops on any
land).
2. It is disabled or suffering from a disease that is beyond recovery.
Prohibition of Cutting/Uprooting Specified Plants:
It prohibits the uprooting, damage, collection, possession or selling of any specified plant
from any forest land or any protected area.
Exception: The CWLW, however, may grant permission for uprooting or collecting a specific
plant for the purpose of education, scientific research, preservation in a herbarium or if a
person/institution is approved to do so by the central government.
Declaration and Protection of Wildlife Sanctuaries and National Parks:
The Central Government can constitute any area as a Sanctuary, provided the area is of
adequate ecological, faunal, floral, geomorphological, natural or zoological significance.
• The government can also declare an area (including an area within a sanctuary) as a
National Park.
• A Collector is appointed by the central government to administer the area declared as
a Sanctuary.
Constitution of Various Bodies:
The WPA act provides for the constitution of bodies to be established under this act such as
the National and State Board for Wildlife, Central Zoo Authority and National Tiger
Conservation Authority.
Government Property:
Hunted wild animals (other than vermin), animal articles or meat of a wild animal and ivory
imported into India and an article made from such ivory shall be considered as the property of
the Government.
Bodies Constituted under the Act
1. National Board for Wildlife (NBWL): As per the act, the central government of
India shall constitute the National Board for Wildlife (NBWL).
• It serves as an apex body for the review of all wildlife-related matters and for the
approval of projects in and around national parks and sanctuaries.
• The NBWL is chaired by the Prime Minister and is responsible for promotion of
conservation and development of wildlife and forests.
• The Minister of Environment, Forest and Climate Change is the Vice-Chairperson of
the board.
• The board is ‘advisory’ in nature and can only advise the Government on policy
making for conservation of wildlife.
2. Standing Committee of NBWL:
• The NBWL constitutes a Standing Committee for the purpose of approving all the
projects falling within protected wildlife areas or within 10 km of them.
• The committee is chaired by the Minister of Environment, Forest and Climate
Change.
3. State Board for Wildlife (SBWL): The state governments are responsible for the
constitution of the state board of wildlife.
• The Chief Minister of the state/UT is the chairperson of the board.
• The board advises the state government in:
The selection and management of areas to be declared as protected areas.
The formulation of the policy for protection and conservation of the wild life
Any matter relating to the amendment of any Schedule.
4. Central Zoo Authority: The act provides for the constitution of Central Zoo
Authority consisting of a total 10 members including the Chairperson and a Member-
Secretary.
The Environmental Minister is the chairperson.
The authority provides recognition to zoos and is also tasked with regulating the zoos
across the country.
It lays down guidelines and prescribes rules under which animals may be transferred
among zoos nationally and internationally.
5. National Tiger Conservation Authority (NTCA): Following the recommendations
of the Tiger Task Force, the National Tiger Conservation Authority (NTCA) was constituted
in 2005 for strengthening tiger conservation.
The Union Environment Minister is the Chairperson of NTCA and the State
Environment Minister is the Vice-Chairperson.
The Central Government on the recommendations of NTCA declares an area as a
Tiger Reserve.
More than 50 wildlife sanctuaries in India have been designated as Tiger Reserves and
are protected areas under the Wildlife Protection Act, 1972.
6. Wildlife Crime Control Bureau (WCCB): The act provided for the constitution of
Wildlife Crime Control Bureau (WCCB) to combat organized wildlife crime in the country.
The Bureau has its headquarters in New Delhi.
It is mandated to:
Collect and collate intelligence related to organized wildlife crime activities and to
disseminate the same to the State to apprehend the criminals.
Establish a centralized wildlife crime data bank.
Assist State Governments to ensure success in prosecutions related to wildlife crimes.
 Advise the Government of India on issues relating to wildlife crimes having national
and international ramifications, relevant policy and laws.
Schedules under the Act
The Wildlife (Protection) Act, 1972 has divided the protection status of various plants and
animals under the following six schedules:
Schedule I:
It covers endangered species that need rigorous protection. The species are granted
protection from poaching, killing, trading etc.
A person is liable to the harshest penalties for violation of the law under this
Schedule.
Species under this Schedule are prohibited to be hunted throughout India, except
under threat to human life or in case of a disease that is beyond recovery.
Some of the animals granted protection under the Schedule I include:
The Black Buck
Bengal Tiger
Clouded Leopard
Snow Leopard
Swamp Deer
Himalayan Bear
Asiatic Cheetah
Kashmiri Stag
Fishing Cat
Lion-tailed Macaque
Musk Deer
Rhinoceros
Brow Antlered Deer
Chinkara (Indian Gazelle)
Capped Langur
Golden Langur
Hoolock Gibbon
Schedule II:
 Animals under this list are also accorded high protection with the prohibition on their
trade.
They cannot be hunted except under threat to human life or if they are suffering from
a disease/ disorder that goes beyond recovery.
Some of the animals listed under Schedule II include:
Assamese Macaque, Pig Tailed Macaque, Stump Tailed Macaque
Bengal Hanuman langur
Himalayan Black Bear
Himalayan Newt/ Salamander
Jackal
Flying Squirrel, Giant Squirrel
Sperm Whale
Indian Cobra, King Cobra
Schedule III & IV:
Species that are not endangered are included under Schedule III and IV.
This includes protected species with hunting prohibited but the penalty for any
violation is less compared to the first two schedules.
Animals protected under Schedule III include:
Chital (spotted deer)
Bharal (blue sheep)
Hyena
Nilgai
Sambhar (deer)
Sponges
Animals protected under Schedule IV include:
Flamingo
Hares
Falcons
Kingfishers
Magpie
Horseshoes Crabs
Schedule V:
This schedule contains animals that are considered as vermin (small wild animals that
carry disease and destroy plants and food). These animals can be hunted.
It includes only four species of wild animals:
Common Crows
Fruit Bats
Rats
Mice
Schedule VI:
It provides for regulation in cultivation of a specified plant and restricts its possession,
sale and transportation.
Both cultivation and trade of specified plants can only be carried out with prior
permission of competent authority.
Plants protected under Schedule VI include:
Beddomes’ cycad (Native to India)
Blue Vanda (Blue Orchid)
Red Vanda (Red Orchid)
Kuth (Saussurea lappa)
Slipper orchids (Paphiopedilum spp.)
Pitcher plant (Nepenthes khasiana)

CONSERVATION OF BIODIVERSITY
“Biodiversity conservation refers to the protection, upliftment, and management of
biodiversity in order to derive sustainable benefits for present and future generations.”
Biodiversity conservation is the protection and management of biodiversity to obtain
resources for sustainable development.
Objectives:
• To preserve the diversity of species.
• Sustainable utilization of species and ecosystem.
• To maintain life-supporting systems and essential ecological processes.
Biological Diversity Act of 2002
The Biological Diversity Act, 2002 was passed by the parliament of India to protect
biodiversity and facilitate the sustainable management of biological resources with the local
communities.
The Act was enacted to meet the requirements stipulated by the United Nations Convention
on Biological Diversity (CBD), to which India is a party.
The Act’s main objective is to ensure the conservation of biological diversity, sustainable use
of its components and fair usage of its resources in order to prevent overuse or eventual
destruction of biodiversity.
Since India is one of the most biologically diverse nations in the world, this act is a necessity
to protect its biological heritage.
FEATURES OF THE ACT
• Regulation of access to biological resources of the country
• Conservation and sustainability of biological diversity
• Protecting the knowledge of local communities regarding biodiversity
• Secure sharing of benefits with local people as conservers of biological resources and
holders of knowledge and information relating to the use of biological resources
• Protection and rehabilitation of threatened species
• Involvement of institutions of state governments in the broad scheme of the
implementations of the Biological Diversity Act through the establishment of dedicated
committees.
• Any offense under this Act is non-bailable and cognizable
• Any grievances related to the determination of benefit sharing or order of the National
Biodiversity Authority or a State Biodiversity Board under this Act shall be taken to the
National Green Tribunal (NGT).
National Biodiversity Authority
In order to carry out the provisions of the act, the National Biodiversity Authority (NBA) had
been set up under the Ministry of Environments and Forest by the Government of India in
2003. The NBA is a statutory, autonomous body headquartered in Chennai. State Biodiversity
Boards (SBB) was also created in the 29 states along with Biological management
committees for each local body.
Under this act, the Central Government in consultation with the NBA:
Shall notify threatened species and prohibit or regulate their collection, rehabilitation,
and conservation. Check out the IUCN Red list to know more about endangered species.
Designate institutions as repositories for different categories of biological resources
FUNCTIONS OF NBA
 Monitoring and prevention of actions prohibited under the Act.
Providing advice to the government on how best to conserve biodiversity in India.
Prepare a report on how the government can select biological heritage sites.
Make concrete steps to prevent the grant of intellectual property rights regarding
locally used biological resources or allied traditional knowledge.
Structure of the NBA
The National Biodiversity Authority consists of the following members to be appointed by
the central government, namely:
A Chairperson.
Three ex officio members, one representing the Ministry dealing with Tribal Affairs
and two representing the Ministry dealing with Environment and Forests.
Seven ex-officio members to represent respectively the Ministries of the Central
Government dealing with:
1. Agricultural Research and Education
2. Biotechnology
3. Ocean Development
4. Agriculture and Cooperation
5. Indian Systems of Medicine and Homoeopathy
6. Science and Technology
7. Scientific and Industrial Research
State Biodiversity Boards (SBBs)
The SBBs are established by the State Governments in accordance with Section 22 of the Act
and deal with all matters relating to access by Indians for commercial purposes.
Functions of SBBs
• Advising the State Government on matters of biodiversity and its equitable
distribution or on matters relating to the conservation, sustainable use or sharing equitable
benefits.
• Regulate granting of approvals or otherwise requests for commercial utilization or
bio-survey and bio-utilization of any biological resource by people.
Structure of SSBs
The State Biodiversity Board consists of the following members:
• A Chairperson
• Not more than five ex officio members to represent the concerned Departments of the
State Government
• Not more than five members from amongst experts in matters relating to conservation
of biological diversity, sustainable use of biological resources and equitable sharing of
benefits arising out of the use of biological resources.
• All the members of the SBB are appointed by the respective State Governments.
Biodiversity Management Committees (BMCs)
According to Section 41 of the Act, every local body shall constitute the BMC within its area
for the purpose of promoting conservation, sustainable use and documentation of biological
diversity including:
• Preservation of habitats
• Conservation of Landraces
• Folk varieties and cultivars
• Domesticated stocks And breeds of animals
• Microorganisms And Chronicling Of Knowledge Relating To Biological Diversity
Functions of BMC
• To prepare the People’s Biodiversity Register in consultation with the local people.
• To provide education and awareness on Biodiversity building
• Eco‐restoration of the local biodiversity
• Providing feedback to the SBB in the matter of IPR, Traditional Knowledge and local
Biodiversity issues, wherever feasible and essential feedback to be provided to the NBA.
• Conservation of traditional varieties/breeds of economically important plants/animals.
• Management of Heritage Sites including Heritage Trees, Animals/ Microorganisms,
etc., and Sacred Groves and Sacred Water bodies.
Structure
• A chairperson and not more than 6 persons nominated by the local body.
• Out of total members of a BMC, not less than one third should be women and not less
than 18% should belong to the Scheduled Castes/ Scheduled Tribes.
• The Chairperson of the BMC shall be elected from amongst the members of the
committee in a meeting to be chaired by the Chairperson of the local body.
• The chairperson of the local body shall have the casting votes in case of a tie.
CLIMATE CHANGE AND LEGAL FRAME WORKS

INTRODUCTION

Climate change is a change in the pattern of weather, and related changes in oceans, land
surfaces and ice sheets, occurring over time scales of decades or longer ( Australian Academy
of Science)

Climate change is a long-term change in the average weather patterns that have come to
define Earth’s local, regional and global climates. These changes have a broad range of
observed effects that are synonymous with the term. (NASA)

Legal instruments on climatic change

The important legal instruments relating to climatic changes are as follows:

The United Nations Legal Instruments

1. The United Nations Framework Convention on Climatic Change (UNFCC) / UN

Climate Convention
2. Paris Agreement
3. Kyoto Protocol
Others:

1. Inter-Governmental Panel on Climatic Change (IPCC)

2. G8 and G20
3. Forum of Major Economies on Climate and Energy (MEF)
4. Organisation for Economic Cooperation and Development (OECD)
5. International Energy Agency (IEA)

The United Nations Framework on Climatic Change (UNFCC) or UN Climate

Convention:

In 1992, Earth Summit was held, in which 154 member states attended at Rio de Janeiro in
Brazil. At the same time, the United Nations Organisation had prepared a draft on climate
changes, which was called “The United Nations Convention of Framework on Climate
Change” (UNFCC). This convention is also known as “Convention on Framework of
Climate Change” (CFCC) or “Convention on Climate Change” (CCC). It is an international
environmental treaty. This Convention consists of 23 Articles and 154 Nations signed this
convention. As of 2020, there are 197 member states to this convention and India became a
party to this convention in the year 1992.

OBJECTIVES
The main objectives of the UNFCC are enumerated under Article 2 of the Convention as
follows:

“To stabilise the concentration of GHG’s in the atmosphere at a level which would
prevent the interference of anthropogenic activities with the system of climate where the
level must be achieved by ensuring the following conditions:

• To allow the development of economy to follow in a sustainable manner;

• To permit the ecosystems to accommodate naturally to the change of climate;

• To confirm that the production of food is not threatened”.

Kyoto Protocol

The Kyoto Protocol is also known as ‘The Kyoto Environmental Summit on Global
Warming’.

The Kyoto Protocol is a multinational treaty which broadens the UNFCC. It mandates the
member states to lower the emissions of greenhouse gas mentioned in Part-I and to reduce the
level of global warming, mentioned in Part-II.

The Protocol was came into force on 2005. At present the Protocol consists of 192 member
states. India ratified the Kyoto Protocol 1997 and accordingly several Acts including “The
Ozone Depleting Substances (Regulation and Control) Rules, 1997”.

There are only six greenhouse gases to which this Protocol applies. They are as follows:

1. Sulphur hexafluoride (SF6)

2. Methane (CH4)

3. Hydrofurocarbons (HFCs)

4. Carbon dioxide (CO2)

5. Nitrous Oxide (N2O)

Objective:

The main objective of the Kyoto Protocol is given under Article 2 that is, “to minimize the
level of global warming and to reduce the concentration of GHG’s in the atmosphere of
globe”.

Paris Agreement

The Paris Agreement is established under the UNFCC. The agreement was entered into force
in the year 2016. At present, nearly 190 parties to the UNFCC are the parties to the Paris
Agreement. India is one among the parties to this agreement where it is the country followed
by China to emit the CO2 among the other UNFCC Members.
The following are the main issues dealt by the Paris Agreement:

1. Finance

2. Adaptation

3. Mitigation of Climate Change

OBJECTIVES

• To maintain the global average temperature below the level of 2ºC (3.6ºC) above the
pre-industrial levels and to continue the activities to restrict the increase to 1.5ºC
(2.7ºF);

• To raise the parties’ ability to accommodate to the adverse effects of the change of
climate;

• To constitute the finance which flows consistently to the emissions of low greenhouse
gas and development of climatic resilience.

Intergovernmental Panel On Climatic Change (IPCC):

Intergovernmental Panel on Climatic Change was established for a period of two years that is
from 1990 to 1992. The IPCC published the following evidence about the climatic change,
greenhouse effect and recent change in global temperature.

1. Earth temperature has changed during geological times (Glacial and interglacial
periods).

2. The mean average temperature fluctuation by 0.5ºC to 1ºC for 100 to 200 year period
(during the past 10,000 years of current inter-glacial period).

3. There is a stable climate for thousands of years. So, the improvement of agriculture
and increased population prevail.

4. Small change in climate disturbs agriculture and leads to migration of animals.

5. Anthropogenic activities increase greenhouse gases in the atmosphere and increase

the average global temperature upsetting hydrological cycle which results in the
following:

1. Floods and droughts.

2. Sea level rise.

3. Change in agriculture.

4. Famines and death of men and livestock.

5. In polar regions, 2 to 3 times more warming than the global average.

 6. In tropics, warming may be only 50 to 100% on an average.

7. Increased warming at polar-regions reduces thermal gradient between the equator and
high latitude regions by decreasing the energy available to the heat engine which
drives global weather machine.

8. Temperature increases from 1.5ºC to 4.5ºC intensifying hydrological cycle by 5 to

10% resulting in distributed rainfall, wetter or drier areas, more evapotranspiration
and annual water deficit.

G8 and G20:

G8 summit was held at, Germany in June, 2007. The G8 countries agreed to address four
issues regarding climate change. They are:

1. Promoting and protecting innovation.

2. Enhancing freedom of investment through an open investment environment.

3. Defining common responsibilities for development.

4. Sharing knowledge for improving energy efficiency and technology co-operation with
the aim to contribute to reducing Carbon-di-oxide (CO2) emissions.

The G20 is a multinational forum for the governors of central banks and governments. The
main purpose of the G20 is to create cooperation between the most important developing and
industrialised economies to talk about the key issues in the global economy.

Forum of major economies on energy and climate:

This Forum was introduced in the year 2009. India is one among the major economies in this
forum. The main objective for the launch of this forum was to increase the clean energy
supply and to mitigate the emissions of GHG’s.

Organisation for economic cooperation and development:

The OECD was formed in the year 1961. It is an inter-governmental economic organisation.
The vital role played by the OECD is to speak about the environmental problems and the
management of natural resources in a sustainable manner.

International Energy Agency (IEA):

The IEA is an intergovernmental organisation formed in the year 1974 under the
framework of OECD. The role of IEA is to answer for the physical disruptions of the oil
supply and to provide any information relating to the International Oil Markets and other
sectors of energy.

Indian legislations regulating the climate change

The Indian legislations combating the change of climate can be categorised under two heads,
namely:

1. During the British Regime

2. During the Post-Independence Era

During the British regime

The following enactments were came into force in order to regulate the climatic changes:

1. The Wild Birds and Animals Protection Act, 1912

2. The Factories Act, 1897

3. The Shore Nuisance (Bombay and Kolkata) Act, 1853

4. The Bengal Smoke Nuisance Act, 1905

5. The Fisheries Act, 1897

6. The Indian Penal Code, 1860

7. The Bombay Smoke Nuisance Act, 1912

8. The Indian Easements Act, 1882

During the post-independence era

The following statutes were enacted after the independence for the regulation of climatic
changes:

1. The Wild Life Protection Act, 1972

2. The Water (Prevention and Control of Pollution) Act, 1974

3. The Air (Prevention and Control of Pollution) Act, 1981

4. The Forest Conservation Act, 1980

5. The Motor Vehicles Act, 1988

6. The Environment (Protection) Act, 1986

7. The Atomic Energy Act, 1982

8. The National Environment Appellate Authority Act, 1997

9. The Public Liability Insurance Act, 1991

10. Environment Impact Assessment (EIA) Notifications

Causes of climatic change

The main cause of the recent climatic change is release of greenhouse gases, particularly
carbon-di-oxide (CO2) and methane (CH4) into the atmosphere and it includes the human
activities such as change of land use and combustion of fossil fuel.

Climatic change is one of the most important global environmental challenges facing
humanity with implications for food production, natural ecosystems, freshwater supply,
health, etc.

The most important cause of the change of climate is

1. Global Warming

2. Acid Rain

3. Ozone Depletion / Ozone Hole

Global warming:

The increase in the global mean temperature is called “global warming”. The global warming
is due to increase in greenhouse gases in the atmosphere. Air Pollution traps more heat in the
atmosphere, rendering the earth more-warmer. This effect is called as “global warming”.

Causes

The Deforestation is one of the main reasons of global warming. Cutting and burning of
about 34 million acres of trees every year results in urbanisation and the land for factories
timber lead to deforestation.

In addition to the deforestation, the GHG’s like Carbon-di-oxide (CO2), Methane (MH4),
Nitrous Oxide (N2O) also contributes to the global warming.

Acid rain :

Acid forming gases (SO2, N2O) from industries and fossil fuel combustion, are oxidised after
travelling thousands of kilometre in the atmosphere to form acid rain.

Sulphur-di-oxide (SO2) → Sulphuric acid (H2SO4) →; Nitrous oxide (N2O) → Nitric acid
(HNO3) ; HCI → Hydrochloric Acid (HCI ACID); CO2 →Carbonic acid.

Acid rain: effects

1. Deterioration of buildings (Taj Mahal with marble).

2. Damage of statues, metals, fishes and leaves of trees.

3. Sufferings of aquatic animals.

4. Damage to trees by insects and fungi which are tolerant to acid rain.

Ozone depletion or ozone hole

Ozone layer:

Ozone Layer is in Stratosphere. It is a natural sun screen, filtering Ultraviolet rays (UV) from
sunlight, protecting living organisms for the past 450 million years. The thinning of
stratospheric layer is referred to as ozone hole.

Ozone layer depletion: causes

The Anthropogenic emissions of CFC’s are the main cause of worrying seasonal ozone losses
in both the hemispheres of our earth. Long-lived chloride compounds of CFC’s are mainly
responsible for ozone losses.

Ozone depletion: effects

• More UV rays (particularly, UV – B) reaching earth and affecting DNA and

photosynthetic chemicals resulting in mutation and cancer.

• In man, skin cancer (including melanoma, cataract and a decline in immunity.

• Phytoplanktons are decreased so that at Zooplankton and fishes are also decreased
affecting the whole food chain.

• Crop yield will increase.

• Degradation of plants and plastics take place.

Ozone layer depletion: control measures

In 1987, Montreal Protocol was prepared in which 27 countries signed to protect stratospheric
ozone, phasing out of O3 depleting substances. Until now 175 countries have signed in the
protocol. In 1992, earth Summit (UNCED) was conducted to reduce the green-house gases.
In 1997, Kyoto Protocol was prepared in Kyoto, with Japan emphasising to reduce 5%
Green-house gases below the 1990 level.

CASE LAWS

• Virendra Gaur vs. State of Haryana

HELD: The protection of life and personal liberty has been guaranteed under Article 21 of
the Constitution of India, 1950 where it is impliedly stated that “Right to Life includes Right
to a Healthy Environment”.

• M.C. Mehta vs. Union of India

HELD: As a result of the emission of gases, the court imposes ban on diesel vehicles to
restrict the air pollution.

• M.C. Mehta vs. Union of India

 • (OLEUM GAS LEAK CASE)

HELD: The Supreme Court applied the principle of “absolute liability” in order to
compensate the victims of the pollution caused by the hazardous industries.

• M.C. Mehta vs. Union of India

(GANGES RIVER POLLUTION CASE)

HELD: The Supreme Court ordered the industries which were located on the banks of the
Ganga River and releasing inherently dangerous substances in the river.

• Vellore Citizens Welfare Forum vs. Union of India

HELD: The Supreme Court applied the precautionary principle and held that the leather
industries should be shut down as it expelled more hazardous substances

• Pandey vs. Union of India

HELD: The National Green Tribunal held that the change of climate was already dealt under
the Impact Assessment Processes under the Protection of Environment Act, 1986.

• Hanuman Laxman Aroskar vs. Union of India

HELD: The Supreme Court pronounced the judgement in favour of the Petitioners by stating
that, “The Government should maintain a balance between the goals of airport development
and concerns of environment”.

• In re Court on its own Motion vs. State Of Himachal Pradesh and Other

HELD: The court viewed that the black carbon is the major reason for melting of glaciers in
the regions of Himalayas. In addition to that, the court held that “The citizens of India have
the right to a clean, wholesome and decent environment, guaranteed under Article 48A of the
Indian Constitution, 1950; Requirement of the State to protect and improve the environment
as per Article 51 of the Constitution and Protection of Life and Personal Liberty as given
under Article 21 of the Indian Constitution.

• Punamchand vs. Union of India

HELD: As the irrigation project named “Handya-Kundya” provides benefit to the

agriculturalists, the court granted clearance for the irrigational project by listing out various
implementation measures.
PREVENTION OF CRUELTY AGAINST ANIMALS
INTRODUCTION
Animals are subjected to merciless torture and cruel treatment. They are forced into cages too
small for them, kept chained up and hung upside-down by the leg, and killed by methods
which are in no way humane.
This earth belongs to them as much as it belongs to us human beings. Thus, it is imperative
that other living creatures are allowed to live and thrive just like us.
The Prevention of Cruelty Act, 1960
The Prevention of Cruelty to Animals Act, 1960 prohibits any person from inflicting, causing,
or if it is the owner, permitting, unnecessary pain or suffering to be inflicted on any animal.
The Act makes it a crime to beat, kick, torture, mutilate, administer an injurious substance, or
cruelly kill an animal. It is also illegal to over-ride, over-drive, over-load, or work an unfit
animal. It is an offense to cruelly transport, confine, chain or tether an animal. It is a violation
to engage in animal fighting or shooting competitions in which animals are released from
captivity to be shot. An owner commits an offense if he or she fails to provide sufficient food,
drink or shelter, unreasonably abandons any animal, or permits any diseased or disabled
animal to roam or die in any street.

Animals
According to Section 2(a) of this Act; animal refers to any living creature excluding a human
being. Therefore, this definition is comprehensive and exhaustive. For animals, it refers not
solely to mammals, but also includes birds, reptiles, etc.
Illustration: tiger, deers, cheetah, dogs, cats, buffaloes, snakes, lizards, alligators, crocodiles,
elephants, etc.
Domestic Animal
According to Section 2(d) of this Act; any tamed or sufficiently tamed animal purporting to
serve some useful purpose of man is considered as a domestic animal. Also, it includes which
has partly or wholly become tamed although it is or has not been intended to be tamed.
Captive Animal
According to Section 2(c) of this Act; any animal (except a domestic animal), which is under
either temporary or permanent captivity or confinement, or is subjected to any appliance or
machine preventing its escape from such captivity or confinement, or which is pinioned or
has a maimed appearance.
Essentials for deeming an animal as a captive animal:
1. Such animal should not be a domestic animal;
2. Such captivity or confinement is either temporary or permanent;
3. For preventing or restricting the animal to escape from captivity/confinement, it has
been subjected to any form of appliance or contrivance; or
4. Such an animal has been pinned down by someone or something or has been
deliberately injured for preventing its escape from the captivity/confinement.
Animal Welfare Board
Section 4 to 10 of this Act enshrines the provisions relating to the constitution, funding, and
functioning of the animal welfare board.
Constitution of the Board
According to Section 4 of this Act, an animal welfare board shall be established by the
Central Government. Also, this board shall be considered as a corporate body having
unending succession along with a common seal with the power:
• To acquire, hold, and dispose of property; and
• To sue and be sued by its name.
According to Section 5 of this Act, the animal welfare board shall be constituted by the
following persons:
1. The Inspector-General of Forests to the Government of India, ex officio;
2. The Animal Husbandry Officer to the Government of India, ex-officio;
3. Two persons whose appointment shall be made by the Central Government for
representing the Union Ministers dealing with Home Affairs and Education;
4. One person who shall be appointed by the Union Government as a representative of
the Indian Board for Wild Life;
5. Three persons are to be appointed by the Union Government if it opines that such
persons are presently or in the past been actively engaged in animal welfare or are well-
known humanitarians;
6. One person to be appointed as a representative of any association of veterinary
practitioners;
7. One person as a representative of each of 2 municipal corporations;
8. One person to represent each of such three animal welfare organizations;
9. One person as a representative of each of such 3 societies dealing with prevention of
cruelty to animals;
10. Three persons nominated by the Central Government;
11. Six Parliamentary members, out of which four from the Loksabha and two from the
Rajyasabha;
12. All the persons mentioned above can depute another person for attending the board
meetings as their representative;
13. The Union Government shall nominate one of the board members to be its Chairman
and another to be its Vice-chairman.
Term of Office and Service Conditions of the Board members
According to Section 6;
1. The term in the office of a Board member shall be for a 3 years period;
2. Subject to the provisions enshrined in sub-section 4, the term of the Office of any
elected representative of a Municipal Corporation (except Municipal corporations of
Bombay, Calcutta, Delhi, & Madras) shall continue for a period of one year commencing
from the day of assumption of office;
3. The term of office of an ex officio member shall continue until he holds the office by
virtue of his membership;
4. The term of office of elected representatives, appointed under section 5 as board
members, shall last as long as the tenure or purpose of his representation in such elected
body;
5. In case a member is chosen, elected, or nominated for filling the vacant position of a
board member, then such membership shall last in conformity with the tenure for whose
position the member has been so chosen or elected or nominated;
6. The Board members shall receive allowances, as the Board may provide with prior
approval of the Central Government;
7. Any activity or proceeding by the Board shall remain unquestioned, merely because
of the existence of any vacancy in or constitutional defect of the Board.
Board Secretary and other employees
According to Section 7 of this Act; the Central Government shall appoint one of its officers
as the Board Secretary.
Funds of the Board
According to Section 8 of this Act; the board’s fund shall consist of the followings:
• Governmental grants allocated to it time and again;
• Contributions, donations, gifts, subscriptions, etc. made to the Board by any
individual or local authority.
Functions of the Board
According to Section 9; the Board shall have the following functions:
1. Supervising the laws relating to the prevention of cruelty against animals and advising
the Government on necessary amendments in relation to such law;
2. Advising the Central Government on the enactment of rules under this Act
emphasizing on the prevention of unnecessary pain or suffering to animals in general,
especially during their transportation from one place to another or during their use as
performing animals or during their captivity or confinement;
3. Advising the Government or any local authority or any other person on
improvements in the vehicles’ design for reducing the burden on draught animals;
4. Adopting all essential steps for improving the conditions of the animals, by
encouraging or providing for, the construction of shades, water-troughs, etc and by providing
for veterinary treatment for the animals;
5. Advising the Government, or any local authority, or any individual in:
• Designing, or
• Maintenance, or
• In connection with animal slaughtering
Regulatory powers of the Board
According to Section 10; the Board may enact essential rules and regulations for the
administration of its affairs and carrying out its functions, subject to prior approval of the
Central Government.
CRUELTY TO ANIMALS IN GENERAL
Acts to be considered as cruel According to Section 11 of this Act, the following acts by any
person are to be considered as cruelty:
1. beats, kicks, runs over, drives over, loads over, tortures or otherwise treats any animal
by causing unnecessary pain or suffering or causes or being the owner permits, any animal
for such employment;
2. employs any animal in work or labour which due to any disease, infirmity, wound,
sore or other cause, is unfit for such employment or, being the owner lets any such unfit
animal be so employed; or
3. Causes wilful and unreasonable administration of any injurious drug or substance to
any domestic or captive animal or wilfully and unreasonably inflicts or attempts to inflict an
intake of any such drug or substance by any domestic or captive animal; or
4. Conveys or carries, any animal in such a manner or position thereby causing it
unnecessary pain or suffering; or
5. Cages or confines any animal or other receptacle having insufficient growth in height,
length and breadth for permitting the animal a reasonable opportunity to move around;
6. keeps any animal chained or tethered by means of an unreasonably short or long-
chain, for an unreasonable time period; or
7. Being the owner negligently exercises or cause such reasonable negligence to any dog
habitually chained up or kept in close confinement; or
8. Being the owner of any captive animal fails to supply it with adequate food, drink or
shelter; or
9. Abandoning any animal in such situations causing it to suffer pain by reason of
starvation or thirst, without any reason; or
10. Deliberately permitting any animal, of which be is the owner to go at large in any
street while the animal is affected with a contaminating or infectious disease or, without
reasonable excuse permits any diseased or disabled animals, to die in any street; or
11. Offering for sale or possessing any animal which is suffering pain due to: mutilation,
starvation, thirst, overcrowding or other ill-treatment, or
12. Needlessly mutilates any animal or kills any animal by unnecessary cruelty; or
13. Confines or causes confinement of any animal in a manner, thereby making it an
object of prey for any other animal solely with a view to providing entertainment for other
persons; or
14. For business purposes-
• organizes,
• keeps,
• uses or acts in the management of,
any place for animal fighting or purporting to bait any animal or permits or offers any place
to be so used or receives money for the admission of any other person to any place kept or
used for any such purposes; or
• Promotes or participates in any shooting match or competition where captive animals
are released for the purpose of such an event;
However, the following acts shall be excluded from the ambit of cruelty:
1. the dehorning of a cattle/castration/branding/nose-roping of any animal if done in a
prescribed manner, or
2. Destroying stray dogs in lethal chambers or by other methods with minimal suffering;
or
3. Exterminating or destroying any animal under the legal authority of any existing law;
or
4. Any matter under Chapter IV (Experimentation on Animals); or
5. Doing or abstaining from any activity in the course of the destruction or preparing for
destroying any animal as food for human consumption, unless such destruction or preparation
was supplemented by the infliction of unnecessary pain or suffering.

The killing of the suffering animals

Section 13 of this Act deals with provisions relating to the killing of an animal so as to relieve
it from any further suffering.
1. Where the animal owner is convicted of an offence under Section 11 and the court is
satisfied that keeping such an animal alive shall inflict more pain and suffering on it, then the
Court shall direct the killing of such an animal and also assign a person for its execution. The
person so assigned shall then carry out the execution as early as possible. However, the order
of execution shall only be made if the owner assents on this behalf, or else upon the evidence
of a veterinary officer in the area.
2. When any magistrate, commissioner of police/district superintendent of police
reasonably believes that an offence under Section 11 has been committed, he may direct the
immediate destruction of such an animal, if he opines that it would be cruel to keep the
animal alive.
3. Any police officer of upper rank than that of a constable or any person authorized in
this regard by the State Government who finds any diseased animal or any severely injured
animal or in such a physical state that he opines that it is irremovable without cruelty, may, in
the absence of the owner or his refusal to consent in the animal’s destruction, shall then
summon and consult the veterinary officer in charge of the area. If the veterinary officer
certifies that the animal has a mortal or severe injury or in such a physical condition that it
would be cruel to injure or in such a physical condition that it would be cruel to keep it alive,
then the police officer or the authorized person, as the case may be, after obtaining
magisterial order may destroy the injured animal or cause its destruction.
4. The magisterial order for the destruction of an animal shall be non-appealable.
Experimenting on Animals
According to Section 14 of this Act; nothing in this Act shall affect the experimentation
(including operations) on animals for the purpose of:
• Advancement through the new discovery of physiological knowledge; or
• Knowledge which will be useful for decreasing the mortality rate; or
• Suffering alleviation; or
• for combating any disease;
whether human beings, animals, or plants.
Committee for controlling and supervising experiments on animal
According to Section 15;
1) The Central Government may constitute a Committee, on the advice of the Board, if it
opines at any time that it is essential for the purpose of controlling and supervising the
experiments on animals, by notifying in the Official Gazette.
2) The Central Government shall be capable of nominating one of the Committee members to
be its Chairman.
3) The Committee shall be empowered to regulate its own procedure pertaining to the
performance of its duties.
4) The Committee’s funds shall include Government grants provided to it time and again;
along with the following made to it by any person-
• Contributions,
• Donations,
• Subscriptions,
• Bequests,
• Gifts.
Using Animals for performance
Exhibition and Training
According to Section 21; exhibit refers to exhibit at any entertainment to which the public
makes admission through purchasing of tickets and training means to train any animal for the
purpose of such exhibition, and the term exhibitor and trainer has a corresponding meaning.
Restriction on exhibiting performing animals
According to Section 22; an animal cannot be exhibited or trained by any person, if-
1. Such a person is unregistered as per the provisions of this chapter;
2. Such an animal has been barred from being included in any performance by the
Central Government through a notification in the Official Gazette.
Judicial power to prohibit or restrict exhibition or training of any animal
According to Section 24; where any magistrate is satisfied, on the basis of a written
complaint made to it by a police officer or an authorized officer by the prescribed authority
referred to in Section 23, that during the training or exhibition, any performing animal has
undergone unnecessary pain or suffering and should be prohibited or allowed only subject to
conditions, the court may issue an order against the defendant, prohibiting the training or
exhibition.
Any court making an order under this section shall immediately send a copy of the order to
the prescribed authority by which the defendant, and shall cause the particulars of the order to
be supported by the certificate held by the defendant. The same shall be produced by the
defendant on being required by the court for endorsement purposes, and the prescribed
authority shall enter the particulars of the order in that register.
Power of entering premises
According to Section 25; any person authorized by the prescribed authority in writing and
any police officer, not below the rank of sub-inspector may-
1. enter any premises at all times for the purpose of inspection, where any performing
animals are being trained or exhibited or have been kept for such purpose, and any such
animals found in there; and
2. require any person to produce his registration certificate, who he reasonably believes
to be a trainer or exhibitor of performing animals.
No person or police officer, however, shall be entitled to go on or behind the backstage
during the public performance of the performing animals.
Offences in relation to performing animals
According to Section 26; a person shall be said to have committed an offence under the
provisions of this chapter if he does any of the following acts-
1. Exhibits or trains any unregistered animal for performance; or
2. Being registered under this Act, exhibits or trains any performing animal, in respect of
which he is unregistered; or
3. Exhibits or trains a performing animal, or any animal which is not to be used for this
purpose; or
4. Causes obstruction or willful delay to any person or police officer referred under
Section 25 from exercising of power for entering and inspecting, or
5. hides any animal to avoid the inspection; or
6. Being a person registered under this Act fails to provide his registration certificate
without reasonable cause; or
7. Applies for registration under this Act while lacking entitlement for such registration.
The person, if found guilty of any of these offences, shall be fined for an amount up to Rs
500 or with imprisonment up to 3 months or both.
Exemptions
According to Section 27; nothing in this chapter shall be applicable to-
1. The training of animals for bonafide military or police purpose or exhibition of
animals trained for such purpose;
2. Any animals kept for educational or scientific exhibition in any zoological garden, or
any association or scientific society.
OTHER PROVISIONS
Killing for religious purposes
According to Section 28; the provisions of this act shall be inapplicable on the killing of any
animal for the purposes of any religious community.
For eg: Goat slaughter during Kalipuja shall be out of the purview of this app.
Power of court to deprive person convicted of ownership of an animal
According to Section 29; if any animal owner is found guilty of any offence under this Act,
the court, in addition to any other punishment, make an order for the forfeiture of the animal
to the government against which the offence was committed and may, further, make such
order as to the disposal of the animal as it finds appropriate under the circumstances.
The person against such an order has been made, shall be unable to have custody or
ownership of any animal either permanently or for a fixed time specified in the order.
The court is empowered to modify or rescind any order, either on its own behalf or on behalf
of an application made to it.
Presumption of guilt in certain cases
According to Section 30; if any person is charged with the offence of committing a zoocide
of a cow or goat or their progeny, in contravention to Section 11(1)(1), and it is evident that at
the time of commission he was in possession of skin of such animal, then he shall be
presumed guilty until and unless the contrary is proven.
Treatment and care for the animals
According to Section 35 of this Act; the State Government may appoint infirmaries for the
treating and caring of the animals in respect of which offences under this Act have been
committed, and may authorize the detention of any animal which requires its production
before a magistrate.
• The magistrate before whom prosecution for an offence against this Act has been
instituted, may direct that the animal concerned shall be treated and cared by an
infirmary until its recovery, or that it shall be sent to a pinjrapole (an animal shelter).
Also, if the veterinary officer in charge of the area in which it is traced or such other
veterinary officer as may be authorized in this behalf certifies that such injury is
incurable or irremovable without cruelty, then it shall be destroyed.
• An animal sent to an infirmary, for care and treatment shall not be released from such
place unless the magistrate directs that it shall be sent to a pinjrapole or for its
destruction, except upon a discharge certificate issued by the veterinary officer in
charge of the area in which the infirmary is located or such other veterinary officer as
may be authorized in this behalf.
• The transportation cost for sending the animal to an infirmary or pinjrapole, its
maintenance, and treatment in such infirmary, shall be payable by the owner as per the
scale of rates to be prescribed by the district magistrate, or, in case of the presidency-
towns, by the Commissioner of police.
• Provided that if the owner of the animal is penurious (extremely poor), the Magistrate
shall make an order waiving the payment of the charge for the treatment of the
animal.
• Any amount payable by an animal owner may be recovered in resembling manner as
an arrear of land revenue.
• If the owner acts negatively to remove the animal within the time specified by the
Magistrate, then the magistrate may direct for its selling and that the sales proceeding
be applied to recover such cost.
• The surplus, if any, from the sales proceeds shall, on an application by the owner
within 2 months from the sale date, be paid to him.
Limiting Prosecutions
According to Section 36; no prosecution for an offence committed under this act can be
instituted after the expiration of 3 months from the date of committing the offence.
CONCLUSION
This act was the first act for dealing with cruelty against animals and animal protection. In
1972, the Wildlife Protection Act was passed by the Parliament which was more of a special
enactment dealing with the protection of wild animals within the Indian Territory.

• KERALA CAPTIVE ELEPHANT (MANAGEMENT AND MAINTENANCE)

RULES, 2003
These Rules regulate the management and maintenance of captive elephants.
The Rules make provision for: the care, feeding and housing of elephants; the workload of
elephants; norms and standards for their transportation; retirement of elephants; procedures to
obtain permission to cut tusks; acts of cruelty to elephants, which are prohibited; etc.
DEFINITIONS:
2(c) "Chief Wildlife Warden" means the person appointed as such under section 4
of the Act;
2(e) "elephant" means any elephant captured or by kept or bred in captivity.
2(f) "Elephant data book" means the register specified by the Chief Wildlife Warden
which is to be kept for each elephant by its owner incorporating the details required therein;
2(g) "mahout" means a trained person engaged to handle, upkeep and manage
captive elephants
2(h) "owner" means a person who owns an elephant as per the provisions of the Act
and the Rules made thereunder;
2(i) "Ownership Certificate" means the certificate of ownership issued as per the
provisions of the Act and the Rules made thereunder;
2(j) "Veterinary Doctor" means a registered Veterinary practitioner or an
experienced Ayurvedic elephant expert.
Housing of elephants (Sec.3)
(1) The owner shall provide a stable (tethering place) in a clean and healthy environment with
sufficient shade to keep elephants during its rest period.
(2) Each elephant must be ensured a minimum floor area as specified below:

(i) Weaned Calf (height ... 5m x 2.5m

below 1.50 m)
 (ii) Sub-adult elephant (height ... 7m x 3.5m
1.50 m to 2.25 m)

(iii) Adult elephant (height ... 9m x 6m

above 2.25 m) and ow
elephant with unweaned
calf.

(3) In the case of covered sheds, the height of the structure shall not be less than 5.5m.
(4) Corrugated iron sheets or other unbreakable material when used for roofing of elephant
stables shall be covered with cooling materials like gunny cloths, grass, cadjan leaves etc.
Upkeep and Veterinary Care of Elephant (Section 4)
(1) For taking care of each elephant, the owner thereof shall engage a mahout having at least
three years of experience in managing an elephant.
(2) Every mahout shall attend training programmes in elephant care as and when called for by
the Forest Department and it shall be the responsibility of the owner to facilitate the above
training by relieving the mahout after making suitable arrangements.
(3) The owner shall engage a cavady to assist each mahout.
(4) The mahout shall ensure that the elephant gets a thorough bath every day.
(5) If the elephant is found sick, injured, unduly stressed or pregnant, the mahout shall report
the condition to the owner, who in turn shall consult a Veterinary Doctor for providing
treatment expeditiously.
(6) Routine examination including parasitic checks shall be carried out regularly and
preventive medicines including vaccination be administered at such intervals as may be
prescribed by the Veterinary Doctor.
(7) The owner shall arrange for medical check-up of the mahout responsible for upkeep of the
elephant at least once in a year to ensure that he does not have any diseases which may infect
the elephant.
(8) The owner shall inform within 24 hours, the. Chief Wildlife Warden or the nearest Forest
Office the cases of attack of anthrax, rinderpest, hemorrhagic scepticemia, surra or any other
contagious disease and shall follow the instruction issued by the authorities for further course
of action.
(9) The owner shall obtain prior permission of the Chief Wildlife Warden or the officer
authorized by him before undertaking distortions, sterilization, vasectomy, tubectomy or any
other population control measures for the elephant and shall ensure the assistance of a
competent Veterinary Doctor for these measures.
(10) The elephant showing symptoms of musth shall be got examined by a Veterinary Doctor.
(11) No drugs or intoxicants shall be used to suppress musth except on a written prescription
by a Veterinary Doctor.
(12) The owner of the elephant shall ensure that in case of musth, the elephant is secured
properly and does not become a hazard to the public at large.
(13) No owner shall permit the use of nylon ropes or chains/hobbles with spikes or sharp
edges for tying the elephants.
(14) Weight of the chains and hobbles shall be commensurate with age and health of the
elephant.
(15) No owner shall permit any type of harness which may expose the back or other sensitive
organs of the elephant to pain or injury.
(16) Sedatives, if necessary, shall be used to control nervous elephants only as prescribed by
a Veterinary Doctor.
(17) While issuing medical certificate, the Veterinary Doctor should verify the original
documents such as ownership certificate of the elephant, (if received from forest department)
microchip certificate, insurance certificate and original elephant data book to ensure the
correctness. The Veterinary Doctor shall issue the health certificate of the elephant in the
prescribed format shown as Appendix I.
(18) Before any captive elephant is transported from one place to another, the Veterinary
Doctor shall inspect the elephant and issue a Fitness Certificate in the Form given in
Appendix II.
Cutting Tusks (Section 5)
(1) The owner of the tusker shall apply for permission of the Chief Wildlife Warden or an
officer authorized by him in this behalf through a letter sent by registered post, indicating the
location where it will be done and the name of the competent person who would perform the
operation for cutting or shaping the tusk at least one month in advance.
(2) The Chief Wildlife Warden shall issue permission within three weeks to carry out the
operation in the presence of an officer not below the rank of Forest Range Officer or Forest
Veterinary Officer or Assistant Forest Veterinary Officer as instructed by the,, Chief Wildlife
Warden.
(3) The officer under whose supervision, the tusks are cut/shaped shall report to the Chief
Wildlife Warden, the details of the tusks cut such as length, girth and weight of the tusks.
(4) The Chief Wildlife Warden based on a written request with the details shall issue a
certificate to the owner for keeping the cut tusks in accordance with the provisions of the Act.
(5) In case permission is not granted, the owner shall be intimated of the reason for rejecting
the request in writing.
Feeding of elephants (Section 6)
(1) The owner or the person who is managing the elephant on contract or the person who has
taken the elephant for own purpose shall ensure timely supply of wholesome feed with
variety, in required quantity to each elephant. Green fodder shall be supplemented by ration
as, prescribed by the Veterinary doctor.
(2) The minimum feed supply for elephant shall be as follows:-

Height of elephant Green fodder

Below 1.5 m Not less than 100 kg

(weaned calf)

1.5 m to 1.8 m Not less than 150 kg

1.81 m to 2.25 m Not less than 200 kg

Above 2.25 m Not less than 250 kg

(or 5% of its body weight)

(3) Supply of sufficient quantity of succulent food to the elephant shall be ensured during hot
climate.
(4) The owner or contractor or hirer of the elephant shall provide sufficient potable drinking
water to the elephant, preferably from a river or any other sources of running water.
Work Norms (Section 7)
(1) The scale of load including gears, riders and materials for the elephant shall be as
follows:-

Height of elephant Load

Below 1.5 m Not to be used for carrying load

1.50 m to 1.80 m Not exceeding 150 kg to carry only fodder

and trainer

1.81 m to 2.25 m Not exceeding 200 kg.

2.26 m to 2.55 m Not exceeding 300 kg.

Above 2.55 m Not exceeding 400 kg.

(2) The load scale shall be reduced by 50% in hilly or other difficult terrain.
(3) The elephants of height below 2.10 m shall not be deployed for logging operations.
(4) The elephants of height from 2.10 m to 2.25 m shall not be used for dragging timber logs
exceeding 750 kg in weight.
(5) No elephant of height above 2.25 m shall be engaged for dragging logs exceeding 1000
kg in weight.
(6) Ill-designed logging harness which expose elephants back bone and chest of extreme
strain and injuries, using tusks and jaws regularly for dragging timber logs, timber hauling
over steep areas or rocky areas etc. shall not be done.
(7) An elephant in musth shall not be put to any work.
(8) No owner shall put to work, any elephant having pregnancy of 12 months or above, or
any cow elephant having a suckling calf of age below 6 months, or any elephant of height
below 1.5 m.
(9) Elephant owners shall maintain captive elephant data book as prescribed by the Chief
Wildlife Warden.
Duties and Responsibilities of owners (Section 8)
(1) If an elephant is affected by any epidemic disease, the owner shall bring it to the notice of
the Chief Wildlife Warden immediately.
(2) The risk of damage to life and property caused by attack of elephants going amok shall be
brought under appropriate Insurance Coverage. Third party Insurance shall also be given for
the elephant.
(3) The owners shall arrange to cut tusks if advised so by Veterinary Doctor after obtaining
required permission from Chief Wildlife Warden.
(4) Any elephant going amok and causing death of human beings shall be banned from taking
part in temple festivals for consecutive fifteen days. The elephant shall be permitted to take
part again in temple festivals only after examination and certification by a three member team
of Veterinary Doctors consisting of Forest Veterinary Officer and two Government Veterinary
Officers of the concerned district or Forest Veterinary Officer and any other two Veterinary
Doctors, that the animal is physically and psychologically fit.
(5) The owners shall ensure that the mahout carries with him the copy of elephant data book,
certified copies of Insurance Certificate, Micro-chip Certificate and Ownership Certificate
during the festival celebrations.
(6) The owner shall report within 24 hours, to the Chief Wildlife Warden or to the officer
authorized by him, the death of an elephant and the tusks, if any, shall be declared within one
week to the' Chief Wildlife Warden for obtaining Ownership Certificate.
(7) The owner shall get the postmortem examination of the elephant done by a Veterinary
Doctor and shall submit the report to the Chief Wildlife Warden or the Officer authorized by
him within fifteen days of the death.
(8) Movement register, disease and vaccine register, treatment register, food register and
work register shall be maintained up to date by elephant owner and the same produced for
inspection, as and when called for.
(9) The name of elephant shall be displayed on the chain hung around the neck of the
elephant.
(10) During the time of .festival celebrations, first attendant mahout shall be present in front
of the elephant.
(11) A mahout in inebriated condition shall .not be allowed to handle the elephant.
(12) The life of mahout and cavady shall be insured for a minimum of Z 5 lakhs (Rupees five
lakhs only) each to cover risk of life due to the elephant going amok.
(13) Every owner shall maintain an Elephant Data Book as specified by the Chief Wildlife
Warden for each captive elephant.
Transport norms for elephant (Section 9)
(1) The owner of the elephant or his authorized agent shall submit application before the
officer authorized under sub-section (1) of section 48 (A) of the Act for permission to
transport elephant from Kerala to any other State fifteen days before the actual date of
transport.
(2) No Objection Certificate of the Chief Wildlife Warden of the State to which elephant is
transported shall be produced for issuing transport permit.
(3) For transportation of the elephant, necessary permission from the Chief Wildlife Warden
or any other Officer authorized by the Government in this behalf shall be obtained as
provided under section 48 A of the Act.
(4) A valid fitness certificate from a Veterinary Doctor to the effect that the elephant is fit to
travel by road or rail, as the case may be, and is not showing any signs of infectious or
contagious disease shall be obtained in the form given in Appendix II.
(5) In the absence of a certificate mentioned in sub-rule (4), the carrier shall refuse to accept
the consignment for transport.
(6) The elephant shall be properly fed and given water before loading.
(7) Necessary arrangements shall be made for feeding and watering the elephant enroute.
(8) No elephant shall be made to walk for more than three hours at a stretch.
(9) While transporting elephants by walk during nights, two prominent reflectors shall be
placed at the front and hind portion of the elephant.
(10) No elephant shall be made to walk for more than 30 kilometres a day and any
transportation for more than 50 kilometres shall be carried out in a vehicle.
(11) No elephant shall be transported in a vehicle for more than six hours at a stretch. The
transport can be resumed only after sufficient feeding and rest for at least six hours.
(12) Trucks with length less than 12 feet shall not be used for carrying elephants except
calves (height below of and 1.50 m).
(13) One truck shall not be used to carry more than two weaned calves (height below 1.50 m)
or one elephant with one unweaned calf or one adult/sub-adult elephant (height above 1.51
m).
(14) Cow elephants in advanced stage of pregnancy should not be transported by trucks other
than for health care.
(15) While transporting elephants by rail, an ordinary goods wagon should not carry more
than three adult elephants or six calves on broad gauge, or not more than two adult elephants
or three calves on metre gauge or not more than one adult elephant or two calves on narrow
gauge.
(16) While transporting elephants by truck or train, care shall be taken to maintain constant
speed avoiding jerks and sudden stops and reducing effects of shocks and jolts to the
minimum.
(17) Each truck or wagon carrying elephant should have at least two attendant mahouts.
(18) Side bodied truck has to be used for carrying elephant.
(19) While transporting elephants through public road, a wooden pole should be kept for
avoiding accidents from electric lines, cable wires passing across the road.
(20) While the elephant is in transit, suitable protocols shall be in place for safe guarding and
regulating the elephant.
(21) During night hours, when the elephants are in transit, prominent reflectors in red colour
shall be provided at the front and rear side of elephants.
(22) While transporting elephants during night hours, appropriate lights should be provided in
the vehicle for observing the animal as well as for enabling the driver of the vehicles coming
from the opposite direction to be attentive of the elephant under transport.
(23) Interstate transport permit shall be issued for a specified time and specified place. The
owner shall bring back the elephant within the stipulated time.
(24) Adequate quantity of feed in the ready to serve form shall be available in the vehicle
carrying the elephant. Small quantity of food may preferably be served more frequently.
(25) The trucks used for transport of elephants shall have a minimum length of 420 cm and
tyre shall be of size 900-20. Each vehicle shall have footsteps proportional to the width of the
vehicle and each footstep shall have a minimum of width of 100 cm. Vehicle shall be
strengthened using steel pipes or wooden poles which shall cover at least half the height of
the elephant. The horizontal pipes/poles shall be provided on all four sides so that the
elephant is secure and it is able to hold on to the front bar with its trunk. Elephant should be
kept at least 60 cm away from the cabin partition. Fitness Certificate obtained for the vehicle
from the concerned officers of the Motor Vehicle Department shall also be produced before
the officer authorized under sub-section (1) of section 48 (A) of the Act for obtaining permit
for the vehicle for using it for transporting elephant.
(26) Contact telephone number shall be displayed on the vehicle for contacting concerned
persons whenever emergency arises.
(27) Both the elephant and its mahouts shall be given adequate rest at the conclusion of each
transport.
Constitution of District Committee (Section 10)
(1) A District Committee shall be constituted by the District Collector to deal with cases
of cruelty meted' out to captive elephants. The Committee shall have the following
members:

1 The District Collector ... Chairman

2 The Divisional Forest Officer ... Convener

3 The Superintendent of Police/Commissioner ... Member

of Police

4 The District Veterinary Officer ... Member

5 The Representative of Fire Force ... Member

6 A Representative of the Organization of ... Member

Elephant Owners nominated by the District
Collector

7 Two Representatives of the Employees ... Members

Engaged for the Management and
Maintenance of Captive Elephants nominated
by District Collector

8 A member of the Society for Prevention of ... Member

Cruelty to Animals (SPCA)

9 The Representative of Kerala Festival Co- ... Member

ordination Committee nominated by the
District Collector

(2) The District Committee shall meet before the festival season,. preferably in the month of
October and take necessary measures to ensure welfare of elephants and public safety.
(3) The District Committee shall take steps to discourage the growing tendency of increasing
the number of elephants in existing traditional festivals and introducing elephants in new
festivals.
(4) The District Committee shall take necessary measures, to ensure that the Festival
Committee constituted for the smooth conduct of festivals or the persons organizing such
functions in which elephants are exposed, shall adhere to the following:-
(i) There shall be sufficient space between elephants used in processions and parades.
(ii) No elephants in musth shall be used in connection with festivals.
(iii) Elephant which is sick, injured, weak or pregnant shall not be used.
(iv) Chains and hobbles with spikes or barbs shall not be used for tethering elephants.
(v) Elephants shall not be made to walk on tarred roads during hot sun
(vi) Making An Elephant Stand In Scorching Sun For Long Durations Or Bursting Crackers
Near The Elephants For Ceremonial Purpose Shall Not Be Permitted.
(vii) It Shall Be Ensured That Sufficient Food And Water For The Elephants Are Provided.
(viii) The Committee Shall Ensure That The Flambeaus (Theevetty)are Held Away From
Elephants.
(ix) There Shall Be Facility To Keep Elephants Under Shade During Hot Sun.
(x) It shall be ensured that adequate protection to the elephants taking part in celebrations
through volunteers provided for the purpose.
(xi) Services of Veterinary Doctor from the elephant squads shall be ensured in cases where
five or more elephants are engaged in the festivals.
(xii) It shall be informed to the nearest Forest Range Officer/Police Officers about the
proposed festival/celebrations at least 72 hours in advance.
(xiii) During the time of procession the elephants shall have chains (Idachangala and
Malachangala) tied to their leg.
(xiv) It shall be ensured that the mahouts are not intoxicated while handling elephants.
(xv) The weaned calf below 1.5 m. height shall not be engaged for festival purposes.
(xvi) Sufficient rest has to be given to the elephants which are engaged for "Para procession".
Para procession shall be restricted to 6 a.m. to 11 a.m. and .4 p.m. to 8 p.m. only.
(xvii) During night time, generators shall be provided to avoid any contingency due to failure
of general power supply.
(xviii) It shall be ensured that elephants are brought under public liability insurance scheme
for an amount of 3.00 Lakhs to each elephant.
Retirement of elephant (Section 11)
(1) An elephant shall normally be allowed to retire from its work on attaining an age of 65
years.
(2) Healthy elephants above 65 years of age shall be allowed to be put to light work under
proper health certificate issued by the Veterinary Doctor.
Veterinary Doctor (Section 12)
(1) Only a Veterinary Doctor registered under this rule, shall attempt to tranquilize elephants.
(2) For the purpose of tranquilzing elephants Veterinary Doctor shall apply for separate
registration before the Chief Wildlife Warden in the form prescribed in Appendix-III.
(3) Every application received by the Chief Wildlife Warden for the registration from a
Veterinary Doctor shall be examined by a team of experts constituted for the purpose by the
Chief Wildlife Warden.
(4) The Chief Wildlife Warden shall issue a Certificate of Registration to the Veterinary
Doctor in the form prescribed in Appendix-IV on the basis of the recommendation of the
expert committee.
(5) The Veterinary Doctor shall report to the Chief Wildlife Warden particulars of
tranquilization carried out by him in the form prescribed in Appendix-V within 7 days.
(6) All the Veterinary Doctors registered under this rule shall have valid Personal Accidental
Insurance cover for a minimum amount of 5 Lakhs (Five Lakhs rupees only).
Post Mortem and disposal of dead elephant (Section 13)
(1) When death of an elephant occurs, the owner of the elephant shall submit an application
to the concerned Divisional Forest Officer for getting permission for the cremation of the
elephant.
(2) The carcass of the elephant shall be cremated under the supervision of the Divisional
Forest Officer taking all the necessary precautions. The Divisional Forest Officer shall give
permission for cremating the body of elephant in the forest area after getting the request from
the owner of the elephant.
(3) Forest Department shall keep all details of the dead elephant including the mahazar, post
mortem report and all other registers and documents mentioned in the rule.
(4) The facilities mentioned in these rules shall be extended to those elephants which are
having ownership certificate under the Act to elephants registered in the State of Kerala and
to all elephants which are micro chipped.
(5) An amount of Rs. 5,000 (Rupees Five thousand only) has to be remitted by the owner of
the elephant having ownership certificate under the Act for availing the above facility.
(6) The owner of the elephant which are registered in the State of Kerala and are having
microchip certificate but do not have ownership certificate under the Act has to remit an
amount of Z 30,000 (Rupees Thirty thousand only) for availing the above facility.
(7) Granting permission for cremation of the elephant in the forest area does not absolve the
owner of the elephant from the cases already registered or cases which may arise later.
(8) The owner of the elephant shall bear all the expenses in connection with the cremation of
the elephant.
(9) The owner shall ensure that the carcass of the elephant is completely burnt before leaving
the cremation site.
COASTAL REGULATION ZONE
INTRODUCTION
With more than 7000 kilometres of coastline, India ranks 20 in the world among the countries
with the longest coastline. In order to protect coastal ecology and conserve the coastal
environment, the Government of India issued the Coastal Regulation Zone (CRZ) in 1991.
COASTAL REGULATION ZONE (CRZ)
In 1991, the Government of India issued a notification under the Environment Protection Act,
1986 administered by the Ministry of Environment and Forests (MoEF) to protect and
conserve the environment and ecosystem on the coastline of the country.
Accordingly to the notification, the coastal land up to 500m from the High Tide Line (HTL)
and a stage of 100m along banks of creeks, estuaries, backwaters and rivers subject to tidal
fluctuations, is called the Coastal Regulation Zone (CRZ).
High Tide Lines (HTL)
HTL is defined as the line on the land up to which the highest water line reaches during the
Spring Tides.
Low Tide Lines (LTL)
LTL is defined as the line on the land up to which the lowest water line reaches during the
Spring Tides.
CLASSIFICATION OF COASTAL REGULATION ZONE
Coastal Regulation Zone along the country has been placed in four categories as per the CRZ
Notification of 1991 until 2003. They are listed and described in the table below:

Category Description

CRZ 1 Areas those are ecologically sensitive and essential for maintaining the ecosystem on the
coast.
Permissions:
• Exploration of Natural Gas
• Extraction of Salt

CRZ 2 Areas that are developed up to the shoreline of the coast.

Permissions:
• Some construction as per the guidelines only.
 • Reconstruction of the authorized building without a change in the existing use.

CRZ 3 Urban and Rural Areas that don’t fall under CRZ- 1 and CRZ- 2 come under CRZ- 3. They
are areas allocated to the municipality but are not substantially built up.
Permission:
• Only certain activities related to agriculture, horticulture, gardens, pastures, parks,
playfields, forestry and salt manufacture from seawater.
• No construction shall be permitted in this zone except for repairs of existing
authorized structures.
• Construction of only public facilities.

CRZ 4 Coastal stretches in the Andaman and Nicobar Islands, Lakshadweep and small islands,
except those designated as CRZ I, CRZ II and CRZ III. Solid waste should be let off in this
zone.
Permissions:
• Corals and sand from the beaches and coastal waters shall not be used for
construction and purposes.
• Dredging and underwater blasting in and around coral formations shall not be
permitted.

COASTAL REGULATION ZONE NOTIFICATIONS

With the objective of conservation and protection of the coastal environment, the Ministry of
Environment and Forest and Climate Change notified the Coastal Regulation Zone
Notification in 1991, which was subsequently revised in 2011. The notification has been
amended from time to time based on representations received.

Coastal Regulation Zone Notification 2011

The Coastal Regulation Zone Notification 2011 considered the issues of the 1991 notification
and recommended amendments accordingly. The reforms of the Coastal Regulation Zone
Notification 2011 are as follows:

Category Reforms

CRZ 1 • Exceptions on new construction

 • Construction of roads and trans-harbour sea links that don’t affect the tidal
flow, are between HTL & LTL, etc.

• Projects related to the Department of Atomic Energy.

• Other permissions granted for activities between HTL & LTL are:

• Natural Gas Exploration & Extraction

• Salt manufacturing

• Desalination plants

• Storage Facilities (non-hazardous cargo) within notified ports.

CRZ 2 • Permissions for building construction on the landward part of the hazardous line.

• Other permissions granted for activities between HTL & LTL are:

• Desalination plans, etc.

• Some construction is permitted only as per guidelines specified by the

notification.

CRZ 3 • Exceptions on new construction.

• Construction of roads and trans-harbour sea links that don’t affect the tidal
flow, are between HTL & LTL, etc.

• Projects related to the Department of Atomic Energy, petroleum products,

salt manufacture & other public facility projects.

• Construction of houses for local communities in some areas.

CRZ 4 • There is no restriction on the traditional fishing undertaken by local communities.

• No untreated sewage or solid waste shall be let off or dumped in these areas.

In June 2014, the Ministry of Environment, Forest & Climate Change constituted a
Committee under the Chairmanship of Dr Shailesh Nayak to examine the various issues and
concerns of Coastal States/UTs and other stakeholders for recommending appropriate
changes in the CRZ Notification, 2011.

The Shailesh Nayak Committee held wide-ranging consultations with State Governments and
other stakeholders and submitted its recommendations in 2015.
In December 2018, the Union Cabinet accorded approval to that draft notification. The
MoEFCC then notified new CRZ norms in January 2019.

Coastal Regulation Zone Notification 2018 & 2019

The new CRZ Notification, issued under Section 3 of the Environment Protection Act,
1986, seeks

“to promote sustainable development based on scientific principles taking into account the
dangers of natural hazards, sea-level rise due to global warming” and

“to conserve and protect the unique environment of coastal stretches and marine areas,
besides livelihood security to the fisher communities and other local communities in the
coastal area”.

New reforms under Coastal Regulation Zone Notification 2018 & 2019 are as follows:

1. Development Projects

No Development Zones (NDZ) reduced.

2. New CRZ Categories

For CRZ-III(Rural) areas, two separate categories have now been stipulated as below:

CRZ-III A CRZ-III B

Rural Areas that are densely populated with Rural Areas that are densely populated with a
a population density of 2161/km2. population density of 2161/km2.

They will have NDZ of 50 meters from HTL. They will have NDZ of 200m from HTL.

Earlier it was 200m from HTL according to CRZ

Notification of 2011.

3. Tourism Infrastructure

4. FSI Norms Eased

1. As per CRZ, 2011 Notification, for CRZ-II (Urban) areas, Floor Space Index
(FSI) or the Floor Area Ratio (FAR) had been frozen as per 1991
Development Control Regulation (DCR) levels.

2. In the CRZ, 2019 Notification, it has been decided to de-freeze the same and
permit FSI for construction projects, as prevailing on the date of the new
Notification.
 5. Pollution Abatement

6. Critically Vulnerable Coastal Areas (CVCA):

1. Sundarban region of West Bengal and other ecologically sensitive areas

identified as under Environment (Protection) Act, 1986.

2. They are managed with the involvement of coastal communities including

fisherfolk who depend on coastal resources for their sustainable livelihood.

Blue Flag Programme

The ‘Blue Flag’ beach is an ‘eco-tourism model’ and marks out beaches for providing tourists
and beach-goers clean and hygienic bathing water, facilities/amenities, a safe and healthy
environment, and involves sustainable development of the area.

The Environment Ministry has relaxed Coastal Regulation Zone (CRZ) rules that restrict
construction near beaches to help States construct infrastructure and enable them to receive

‘Blue Flag’ certification.

1. 13 beaches were selected by the Ministry for the certification.

2. If a beach meets thirty-three criteria classified under four major heads,

the certification is given.

• Environmental Education And Information

• Bathing Water Quality

• Environmental Management Conservation

• Safety And Services.

Shailesh Nayak Committee Report on CRZ

The six-member committee was formed in June 2014 and had submitted the report to the
Ministry of Environment, Forests and Climate Change (MOEF&CC) in January 2015. As per
the report, it proposes the decentralization of powers to state and union territory governments
along with local authorities as required by several states.

• The Shailesh Nayak Committee report has planned for permitting housing
infrastructure and slum redevelopment activities, tourism, ports and harbour and
fisheries-related activities in coastal regulation zones as a way to relax the present
restrictions on expansion in coastal areas.

• Based on the recommendations of Shailesh Nayak committee, the suggestions were

given by the coastal states and union territories, and the CRZ 2018 notifications were
issued.
KERALA FOREST (VESTING AND MANAGEMENT OF ECOLOGICALLY
FRAGILE LANDS) ACT, 2003

It is an Act to provide for the vesting in the Government of ecologically fragile lands in the
State of Kerala and for the management of such lands with a view to maintaining ecological
balance and conserving the bio-diversity.

This Act aims at transferring to and vesting in the Government the ownership and possession
of all ecologically fragile lands held by any person in order to minimize the degradation of
these ecosystems and their biological diversity. The Government shall have the right to
declare any land to be ecologically fragile land which shall be deemed to be reserved forests
according to the provisions of this Act.The Act provides for the constitution and functions of
an Advisory Committee which shall be responsible for identifying ecologically fragile lands
which shall then be managed by Forest Departments. The Act further makes provisions for
demarcation of boundaries of the ecologically fragile lands; compensations of vesting;
constitution of tribunals for the purpose of this Act and settlement of disputes; etc.

Ecologically Fragile land

The concept originated in common law. It denotes the right of the people at large over the
land of another. A person who uses another persons land over a long number of years
uninterruptedly has easement right over the land by way of easement. It is called easement by
prescription. The former has no title to the land. He right is only to use the land of the latter.
The latter’s title to his land does not prevent the use of his land by the former, by way of
prescription. Right to way over the land of another is an example. Similarly, the right of the
people in the ecologically fragile land though they do not have title to the land is an
easementary right. It is called public trust easement. Originally the concept of public trust
easement had applied in the matter of navigable waters like rivers. Originated in Roman Law
the concept found its way to English Law and then to American Law. The concept is now
followed in almost all democratic countries in the world and is now part of Customary
International Law. Earlier English decisions generally assumed the public trust was limited to
tidal waters and the lands exposed and covered by the daily tides. However, a departure was
made in Mark v. Whitney (6 Cal.3d 251) by Californian Supreme Court holding that
‘waterway usable for pleasure boating is nevertheless a navigable waterway and protected by
the public trust.

In National Audubon Society et al Vs. The Superior Court of Alpine County (33 Cal.3d
419) popularly known as Mono Lake case, the Californian Supreme Court held that the
concept of public trust easement extends to non navigable rights as well. These decisions
were relied on by the Supreme Court of India in M.C.Mehta v. Kamalnath ((1997) 1 SCC
388). The Supreme Court of India has explained that ‘Public Trust Doctrine’ primarily rests
on the principle that resources like air, sea waters and forest have a such a great importance to
the people as a whole that it would be wholly unjustified to make them a subject of private
ownership and that the doctrine enjoins the government to protect the natural resources.
In Rural Litigation & Entitlement Kendra vs. State of U.P. (AIR 1989 SC 594) our
Supreme Court banned quarrying activities in the ecologically fragile Shivalik ranges of
Himalaya. The ban was ordered in spite of the fact that the land belonged to private parties.
Supreme Court of India held that people have a right to benefit from ecologically fragile land
and the State has a duty to protect that right. In S. Jagannath vs. Union of India (AIR 1997
SC 811) our Supreme Court held that coastal areas of Andhra Pradesh and Tamil Nadu are
ecologically fragile and banned shrimp farming by construction of pond and other infra-
structure for the reasons that it would degrade ecology, coastal environment and aesthetic
uses of sea coasts. In all these cases the Supreme Court held that right to pollution free
environment is a fundamental right of the people under Article 21 of the Constitution of
India.

The Supreme Court of India also read Article 48A of the Constitution of India which enjoins
the Government to protect environment and ecology into Article 21 of the Constitution of
India and held that right to environment, protection of ecology, forest and wildlife constitute
a part of fundamental right of the people under Article 21 of the Constitution of India. This
was based on the principle that right to life guaranteed under Article 21 of the Constitution is
not mere life of animal existence but a dignified life with due human dignity. Right to breathe
free air and to live in pollution free environment is a right to live with human dignity and
there a fundamental right under Article 21 of the Constitution of India. The Supreme Court
also held that every citizen in India has a fundamental duty under Article 51A to protect
ecology and environment.

In T.N.G. Tirumulpad v. Union of India ((2002) 10 SCC 606) the Supreme Court of India
categorically held that ‘public at large is the beneficiary of ecologically fragile land’.
Supreme Court used the word ‘ecologically fragile land’ to denote a land which supports
natural resources, that is a potential of the land to sustain natural resources like bio-diversity.
Supreme Court also held that state has a duty to protect the right of the people to benefit from
ecologically fragile land under ‘Public Trust Doctrine’.

How to protect the right of the people to benefit from ecologically fragile land?

In Geogia v. Tennessee Copper (206 US 230 (1907) the American Supreme Court held that
police power of the State could be used to prevent noxious use of the property, that is use of
property akin to public nuisance. That was a case where company was emitting toxic
substance damaging the nearby forest. The Court said that nuisance could be abated by the
Government using its police power. In Lucas v. South California Coastal Commission (505
US 1003(1992) the American Supreme Court held that state can regulate productive use of
land to prevent environmental degradation and resultant public injury. That was a case where
South California Coastal Commission had banned construction of building near to coastal
areas. Those who had purchased small plots of land with the intention of construction of
house had been prevented by the regulation from constructing any building in their private
land. Court rejected the argument that the regulation preventing them from using the land for
construction of house for which purpose they had purchased the land amounted to total
prohibition amounting to take over the land. Court also said that Government could regulate
user of ecologically fragile land for the benefit of the people. The construction of building
would destroy the sand dunes resulting in ecological degradation which, it is the duty of the
Government to prevent under “Public Trust Doctrine” and also held the duty include the duty
to preserve the pristine aesthetical value of landscapes and lands having scenic beauty under
right to ‘scenic easement’ of the people.

In India our Supreme Court read the right of the people to benefit from ecologically fragile
land into fundamental right under Article 21 of the Constitution of India and held that the
State has a duty to prevent user of the land to protect ecology and environment under Article
48A of the Constitution of India. The Court also held that the people of the country also have
a fundamental duty under Article 51A of the Constitution of India to protect environment and
ecology and therefore could not contend that regulation of user of ecologically fragile land
could not be resorted since they have absolute right to use their land in whatever manner they
wanted. The right of the people to be benefited out of ecologically fragile land is protected
under Article 21 of the Constitution of India and the duty and power of the Government to
protect such land flows from Articles 48A and 51 A of the Constitution of India.

Customary International Law and Ecological Fragile Land.

The law relating to ecological fragile land arises also from Customary International Law. The
rule relating to customary international law is derived from the consistent conduct of states
acting on the belief that the law is required to act that way. During the seventh decade of
twentieth century onwards global community started realizing the importance of preserving
environment and ecology and from the new born realization the various environmental
common law has emerged. In other words, it is now widely recognized that problems relating
to environmental pollution and ecological degradation is not a problem relating to any
particular country but the problem of the world as a whole. A common agenda was therefore
necessary to contain the problems caused by pollution. Global warming, disappearance of
glaciers, degradation of forests etc. caused widespread disaster repercussions of which are far
reaching and cut across state boundaries.

Most of these rules are now codified and are now international agreements and conventions.
The most important INTERNATIONAL CONVENTIONS regarding ecologically fragile
lands are:

1. Ramsar Convention on Wet Lands

2. Convention on Biological Diversity

3. Man Biodiversity Programme

4. Convention Concerning the Protection of the World Cultural & Natural Heritage

5. UNESCO’s Man & Biosphere (MAB) Programme

India is a signatory to these conventions and programme and is duty bound to implement the
provisions of these conventions. Moreover, most of these conventions have been read into
our domestic law by the Supreme Court. For example, the Supreme Court in T.N.G.
Tirumulpad v. Union of India ((2002) 10 SCC 606) has held that Convention on Bio
Diversity is now part of our domestic law. It can thus be seen that the States have a duty to
implement the international conventions not only under the Customary International Law but
also under the Jud made law of the Supreme Court which in view of Article 141 of the
Constitution of India is law of the land.

Convention on Bio Diversity.

Convention on Biological Diversity 1992 mandates the contracting parties to conserve

biological diversity by in citu and ex citu conservation. ‘In citu’ conservation has been
defined as the conservation of ecosystems and natural habitats and the maintenance and
recovery of populations of species in their natural surroundings. ‘Ex citu’ conservation is
defined as conservation of biological components outside their natural habitat. Article 8 of
the Convention mandates every contracting party to establish protected areas or areas where
special measures needs to be taken to conserve biological diversity and to rehabilitate and
restore degraded ecosystems and promote the recovery of threatened species inter alia,
through the development and implementation of plans or other management strategies.
Article 8 of the Convention also mandates the contracting parties to ‘develop or maintain
necessary legislation and/or other regulatory provisions for the protection of threatened
species and populations.

‘Ex citu’ conservation under Article 9 of the Convention mandates the contracting parties to
adopt measures for the ex citu conservation of components of biological diversity and to
adopt measures for the recovery and rehabilitation of threatened species and for their
reintroduction into their natural habitats under appropriate conditions.

India being a contracting party has a duty under the Customary International Law and also
under the law laid down by the Supreme Court which is the law of the land to implement the
provisions of the Convention on Biological Diversity and provide for ‘in citu’ and ‘ex citu’
conservation of bio diversity.

Convention Concerning the Protection of the World Cultural & Natural Heritage 1972

India is a signatory to this convention and has a duty to carry out the provisions of the
Convention. The purpose of the convention is to protect and preserve Natural and Cultural
Heritages. ‘Natural Heritage’ has been defined under this Convention as ‘natural features
consisting of physical and biological formations or groups of such formations, which are of
outstanding universal value from the aesthetic or scientific point of view’ and ‘geological and
physiographical formations and precisely delineated areas which constitute the habitat of
threatened species of animals and plants of outstanding universal value from the point of
view of science or conservation’. Western Ghat is considered one such natural heritage and
has been included in the tentative list of World Heritage Sites. All world heritages are global
assets belonging to the people of the world at large.
Under Article 4 of this Convention every contracting party ‘has a duty to ensure the
identification, protection, conservation, presentation and transmission to future generations of
the cultural and natural heritages situated in its territory and should do all it can to this end.
The Government has therefore a duty to protect Western Ghats and conserve and preserve its
bio diversity under customary international law.

UNESCO’S Man & Biosphere (MAB) Programme

Bio Sphere reserves are areas of territorial and coastal ecosystems which are internationally
recognized within the frame work of UNESCO’s Man & Biosphere (MAB) Programme.
These reserves are required to meet a minimal set of criteria and adhere to a minimal set of
conditions before being admitted to the World Network Biosphere Reserves designated by
UNESCO for inclusion in the World network of Biosphere Reserves. The world’s major
ecosystem types and landscapes are represented in this Network, which is devoted to
conserving biological diversity, promoting research and monitoring as well as seeking to
provide models of sustainable development in the service of mankind. These reserves are rich
in biological and cultural diversity and encompass unique features of exceptionally pristine
nature. The goal is to facilitate conservation of representative landscapes and their immense
biological diversity and cultural heritage, foster economic and human development which is
culturally and ecologically sustainable and to provide support for research, monitoring,
education and information exchange.

The scheme is pioneering effort at pursuing the increasingly difficult yet urgent task of
conserving ecological diversity under mounting pressures.

Agasthyamalai Biosphere Reserve is one of such Biosphere Reserve included in the World
Net Work of Biosphere Reserves. Agasthyamalai Biosphere Reserve consists of three zones,
namely, Core Zone, Buffer Zone and Transition Zone. The total area of the Biosphere is
3500.36 square kilometers of which 1828 square kilometers is in Kerala and the balance is in
Tamil Nadu. The break up of 1828 square kilometers in Kerala is as follows:

➢ Core Zone: 352 square kilometers

➢ Buffer Zone: 691 square kilometers

➢ Transition Zone 785 square kilometers

The International Union for Nature and Natural Resources has issued guidelines with regard
to the protected areas management providing various categories for the purpose of protection
and maintenance of biological diversity. Following the guidelines, the Government of India
has formulated protected area management categories as follows:

1. Core Zone : The Core Zone of the Biosphere Reserve will be kept free from all
human pressures external to the system.
 2. Buffer Zone : The manipulation activities, which may be permitted in the buffer
zone, will be in conformity with general guidelines for management of the Biosphere
Reserve.

3. Transition Zone : The State Governments will further demarcate the heavily
populated/disturbed areas of buffer zone to be designated as transitional/restoration
zone for priority intervention to restore/improve the general condition in accordance
with the guidelines.

4. Legal Status : The Constitution of Biosphere reserve by itself will not in any way
change the status of legal ownership of a land and forests nor affect the rights of tribal
and local people in any way.

It can thus be seen that under the Customary International Law and the regulations framed by
the Central Government, user of the land even in the hands of private individuals could be
restricted by regulating the user.

The Kerala Forest (Vesting & Management of Ecologically Fragile Land) Act, 2003

On 27th July 2000, the Governor of Kerala promulgated The Kerala Forest (Vesting &
Management of Ecologically Fragile Lands) Ordinance, 2000 providing that ecologically
fragile land shall vest in the Government. The Ordinance was repopulated on 27.1.2001 with
effect from 2nd June 2000 and was subsequently replaced by The Kerala Forest (Vesting &
Management of Ecologically Fragile Land) Act, 2003.

According to Section 2(b) "ecologically fragile lands" means:

(i) any forestland or any portion thereof held by any person and lying contiguous to or
encircled by a reserved forest or a vested forest or any other forestland owned by the
Government and predominantly supporting natural vegetation; and

(ii) any land declared to be an ecologically fragile land by the Government by notification in
the Gazette under section 4.

It is significant to note that the word ‘forest land’ is not defined in the EFL Act. However, the
Supreme Court in T.N.G Tirumulpad vs. Union of India ((1997) 2 SCC 267) and in T.N.G
Tirumulpad vs. Union of India ((2006) 1 SCC 1) interpreting Section 2 of the Forest
Conservation Act 1982 held that forest for the purpose of the Act would include

➢ area recorded as forest in the Government records

➢ areas which were forest and had denuded, degraded or cleared.

Any area which were forest and had been cleared, denuded or degraded would also be forest
land for the purpose of Section 2(b).

Reserved Forest
Section 2(h) "reserved forests" means the forests reserved under section 19 of the Kerala
Forest Act, 1961 and includes forests notified under section 4 of the said Act.

Vested Forest

Section 2(j) "vested forest" means any forest vested in Government under section 3 of the
Kerala Forests (Vesting and Assignment) Act, 1971.

Section 3. Ecologically fragile land to vest in Government:

Notwithstanding anything contained in any other law for the time being in force, or in any
judgment, decree or order of any court or tribunal or in any custom, contract or other
documents, with effect from the date of commencement of this Act, the ownership and
possession of all Ecologically fragile land held by any person or any other form of right over
them, shall stand transferred to and vested in the Government free from all encumbrances and
the right, title and interest of the owner or any other person thereon shall stand extinguished
from the said date.

In order to find out whether any land had automatically vested under Section 3 of the Act
only the following facts are relevant.

1. Is the land in question a forest land, in the sense that it was a forest and had
subsequently been denuded, degraded or cleared;

2. Is the land in question lying contiguously or encircled by a natural forest

3. Does the land in question support natural vegetation?

If all these criteria are satisfied the land is a forest land which vests under Section 3
automatically.

Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Amendment

Act, 2009

This Act amends the Kerala Forest (Vesting and Management of Ecologically Fragile Lands)
Act, 2003 by inserting two new sections 10A and 10B providing for dispute redressal in
respect of lands having an extent of not more than two hectares and for the constitution of the
Ecologically Fragile Land Claim Dispute Redressal Committee.