PILs against tourism in tiger reserves

Two public interest litigation petitions have been filed in the Madras High Court Bench here — one challenging a notification issued by the Centre on October 15, laying down guidelines for tourism activities around tiger reserves, and another to quash separate proceedings issued by the State Forest Department on February 18, permitting tourism-related activities at Kalakkad-Mundanthurai Tiger Reserve in Tirunelveli district.

SWASAM Trust, a non-governmental organisation represented by its managing trustee S. Ramesh, had filed both the petitions through its counsel T. Lajapathi Roy.

The trust claimed that permitting tourism-related activities in and around tiger reserves would defeat the object of ‘Project Tiger,’ a scheme implemented by the Union Ministry of Environment and Forests since 1973 for ensuring a viable population of tiger in the country for scientific, economic, aesthetic, cultural and ecological values.

Claiming that he was one among the members of a Local Advisory Committee for Kalakkad-Mundanthurai Tiger Reserve, Mr. Ramesh said that the Chief Conservator of Forests and Field Director of the Reserve had erred in issuing the February 18 notification permitting tourists to enjoy boating in Karaiyar Dam and drive their vehicles up to upper Kodayar area. He contended that both the activities would prove disastrous to the wildlife and ecosystem in the Reserve.

“Allowing vehicles inside the core area would affect breeding of tiger population.”

Source: http://www.thehindu.com/todays-paper/tp-national/tp-tamilnadu/pils-against-tourism-in-tiger-reserves/article4477495.ece

Forest officials cannot be granted immunity: State

Government has to implement provisions of the SC & ST Act’
In a setback to the forest force, the State government on Wednesday informed the Karnataka High Court that it cannot provide any “immunity” to officials of the Department of Forests from being “falsely” prosecuted under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act by persons accused of forest land encroachment, poaching and smuggling.

State Advocate-General S. Vijay Shankar made submissions in this regard during the hearing of a public interest litigation (PIL) petition initiated suo motu by the High Court on the issue of false complaints filed by accused persons against forest officials under the provisions of the Act.

The court had initiated the PIL petition based on a plea by the Karnataka State Range Forest Officers Association and the Karnataka State Assistant Conservators of Forests Association.

It was complained that during the past one year, in a majority of cases booked by forest officials against those indulging in encroachment of forest land, poaching, timber smuggling, etc., the offenders had subsequently lodged counter-complaints with the police under the Act against forest officials.

“The government cannot direct the Home Department not to register case against forest officials under the SC and ST Act. It is the State government which has to implement the provisions of the SC and ST Act, which is a Central legislation,” Mr. Shankar argued pointing out that the petition cannot be treated as in “public interest” as it was related to private interest of forest officials.

Can seek bail

Mr. Shankar also submitted that the forest officials, against whom cases under the Act were registered by the jurisdictional police, would have to approach the jurisdictional court either seeking bail or anticipatory bail, while making it clear that forest officials probing forest offences cannot be granted “immunity.”

However, K.N. Phanindra, court-appointed amicus curiae , pointed out that the issue taken up in the suo motu petition was of public interest as the provision of a law was being misused against officers of the State by the accused persons.

Mr. Phanindra insisted that the contentions raised by the Advocate-General be submitted to the court in form of a statement by the government.

Different say

Interestingly, during earlier hearing on December 13, 2012, the government had informed the court that it would submit a draft notification to grant relief or immunity to forest officials who had taken action against any person belonging to SC or ST community, from being prosecuted by such accused persons.

This submission was made on behalf of the government when the court asked what step was taken to protect forest officials, probing forest offence cases, when a large number of cases under the Act were filed against such officials.

A Division Bench comprising acting Chief Justice K. Sreedhar Rao and Justice B.V. Nagarathna adjourned further hearing by three weeks.