Acknowledgements xiii Introduction xv I. INTERNATIONAL MEASURES AND LAWS OF SOME COUNTRIES TO PROTECT THE WILD LIFE I Socio-legal Aspects 1 Forest and Wild Life 1 Global Concern-Wild Life 2 Declaration on the Permanent Sovereignty over Natural Resources, 1962 2 Meeting of International Union for the Conservation of Nature and Natural Resources, 1969 3 The Second World Conference on National Parks 4 Stockholm Conference of 1972 on the Human Environment 5 Convention for the Protection of the World Cultural and Natural Heritage, 1972 5 Convention on International Trade in Endangered Species of Wild Fauna and Flora, 1973: (As amended in 1979)6 The World Charter for Nature, 1982 7 Earth Summit or United Nations Conference on environment and Development (UNCED), 1992 7 First Ministerial Conference of the Forestry Forum for Developing Countries (FFDC), 1993 9 World Congress on National Parks, 1982 10 Brazil-US International Experts Meeting on Protected Forest Areas (1999) 10 Parks Congress: Reconciling Protected Areas and Sustainable Livelihoods (2003) 10 Some more Conventions other than those discussed above are laid down below for perusal 11 Authority 13 Ownership of the Wild Life 16 Categories of Protected Areas17 Procedure of Declaration of Protected Areas for Wild Life 18 Procedure for Acquisition of Land 22 Administrative Provisions 24 Powers of the Minister 25 Observation 36 2. INDIAN LAWS TO PROTECT THE WILD LIFE : COMPARATIVE OBSERVATIONS 43 History of National Parks and Sanctuaries 43 Wild Life Conservation in India-A Brief History 44 Traditional Conservation 45 Power to Reserve Forests 48 Bar of Accrual of Forest Rights 48 Extinction of Rights 48 Exercise of Rights Admitted 49 Commutation of Rights 49 Formation of Village Forests 50 Protected Forests 50 Power to Issue Notification Reserving Trees, etc. 50 Publication of Translation such Notification in Neighbourhood51 After Independence 51 Constitution of India 52 Directive Principles of the State Policies 53 Fundamental Duties of the Citizens 53 Legislative Powers 53 The Prevention of Cruelty to Animals Act, 1960 (Act No. 59,1960) 54 Wild Life (Protection) Act, 1972 55 Authorities 57 Ownership of the Wild Life 59 Categories of Protected Areas 60 Section 2 of the Act Defines 60 Declaration of Protected Areas for Wild Life 61 Procedure for Acquisition of Lands 65 Administrative Provisions 67 Penal Provisions 72 Settlement of the Tribal Rights 78 The Wild Life (Transactions and Taxidermy) Rules, 197379 The Wild Life (Stock Declaration) Central Rules, 197381 The Wild Life (Protection) Licensing (Additional matter for Consideration) Rule, 198381 The Wild Life (Protection) Rules, 199582 Rule 3 was Provided the Manner of the Notice 82 The Wild Life (Specified Plants-Conditions for Possession by Licensee) Rules, 1995 82 The Recognition of Zoo Rules, 1992 83 National Zoo Policy, 1998 83 The Forest (Conservation) Act, 1980 84 (1) Authority 87 (2) Ownership 87 (3) Categories of Protected Areas 88 (4) Declaration of Protected Areas88 (5) Procedure of Acquisition of Land 89 (6) Administrative Provisions 89 (7) Penal Provisions 91 (8) Settlement of Tribal Rights92 3. LAWS RELATING TO THE RIGHTS OF THE TRIBES IN INDIA94 Right to Equality 99 Right to Freedom 101 Cultural and Educational Rights 102 Directive Principles of State Policy 102 State Council of Ministers 103 The Scheduled and Tribal Areas all Capital 103 Special Provisions Relating to Certain Classes 106 Special Directives 112 Rules of Procedure of the National Commission for Scheduled Castes and Scheduled Tribes 113 Division of Responsibilities and Allocation of Work 114 Legal Aid to Tribes 117 Problems of the Tribes People 118 Approach of Voluntary Agencies 123 4. CONFLICT BETWEEN THE WILD LIFE LAWS AND THE LAWS WHICH PROTECT THE RIGHTS OF THE TRIBES 126 (i) Constitutional Rights of the Tribes v. Laws which Protect Wild Life 128 (ii) Laws for the Protection of the Rights of the Tribes v. Wild Life Laws 133 (iii) Critical Appraisal of Wild Life Laws 135 5. CONFLICT BETWEEN THE WILD LIFE LAWS AND THE RIGHTS OF THE TRIBES IN THE PROTECTED AREAS OF MADHYA PRADESH 139 Tribal Community as the Protector of Wild Life 139 Who Wins and Who Loses? 140 Wild Life Conservation in the State of Madhya Pradesh 141 Forest Area At a Glance 141 Protected Areas in Madhya Pradesh 143 National Parks and Sanctuaries in Madhya Pradesh 143 Interesting Features of Kanha 143 Pench, The Timeless Jungle 144 Bandhavgarh, the Wondrous Woods 144 A Brief Description about Kanha Land 144 Location145 Constitution 145 Extent145 Brief History of Kanha National Park 145 Kanha and the Tribal People 146 Effect of Relocation 150 Views of the Respondents Regarding the Process of Declaration of Protected Areas 152 Another side of the Horizon 153 6. JUDICIAL TRENDS 155 Niyamavedi v. State of Kerala and etc. 157 In case of Tarun Bharat Sungh Alwar v. Union of India and Others 161 Pradeep Krishan v. Union' of India 162 Animal and Environment Legal Defence Fund v. Union of India and Others 168 Chandmari Tea Co. v. State of Assam172 7. CONCLUSION176 Selected Bibliography 185 Index189