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Editorial

Legal oversight of human-wildlife conflict mitigation

The Supreme Court’s directive to the States to consider Human-Wildlife Conflict (HWC) as a “natural disaster” and to ensure payment of Rs 10 lakh ex-gratia for every human death

Sentinel Digital Desk

The Supreme Court’s directive to the States to consider Human-Wildlife Conflict (HWC) as a “natural disaster” and to ensure payment of Rs 10 lakh ex-gratia for every human death in such incidents marks a landmark shift in the framework of HWC management. Instead of looking at HWC as a routine forest-related incident, designating it as a natural disaster will make compensation to the victims and a coordinated state response central to conflict management. A model guideline to be framed by the National Tiger Conservation Authority (NTCA) within six months, as directed by the SC, incorporating this and several other recommendations of the SC-constituted Central Empowered Committee (CEC) for HWC resolution, will be binding on the states to implement it within six months of issuing the guidelines. The Assam Cabinet had recently raised the ex-gratia amount from Rs 4 lakh to Rs 5 lakh, but the SC judgement will now require the state government to effect the upward revision to Rs 10 lakh. The CEC recommendations for HWC resolution, which the SC asks NTCA to take note of while preparing the guidelines, require the states to have smooth and inclusive compensation policies for crop damage and loss of life of both humans and cattle and ensure close coordination between different agencies and departments with mandated responsibilities. Efficient implementation of the ‘Scheme on Access to Justice for Victims of Human-Wildlife Conflict (HWC), 2025’ framed by the National Legal Services Authority is critical to ensure that every victim of HWC gets timely and effective legal recourse. The NLSA scheme points out the harsh reality that victims of HWC often belong to vulnerable rural or tribal communities, and the State has a duty under Article 21 of the Constitution (right to life) to protect citizens from wild animal attacks and to provide compensation when such attacks occur. The scheme framework recognises that all victims of HWC are eligible for free legal aid, and anyone affected may approach the nearest legal services authority regardless of income or background. The State Legal Services Authority and District Legal Services Authority giving wide publicity about this eligibility of free legal aid in vulnerable areas through camps and panchayat announcements, as spelt out in the scheme, are crucial to ensure that no victim is deprived of free legal aid and compensation. The NLSA scheme, however, places equal priority on wildlife conservation and ecological balance, which is a pragmatic approach. The scheme stipulates that all Legal Services Institutions (LSI) must endeavour that measures undertaken under it not only secure justice and relief for human victims but also, wherever possible, safeguard wildlife and promote harmonious human-wildlife coexistence. The scheme emphasises that strong, proactive outreach and early identification of HWC incidents are crucial for timely legal aid and calls upon LSIs to actively monitor and respond rather than wait for the victims to approach. It mandates that when an HWC occurs, such as an animal attack causing injury or death or significant crop/property damage, then LSIs must spring into action immediately. Execution of the NLSA scheme will create a strong monitoring mechanism which will play a vital role in addressing issues of administrative inertia in HWC management and avoid delays in releasing ex gratia for victims and compensation for crop/property damage. An important guideline issued by the SC in HWC mitigation is that while infrastructure development is the need of the hour, “avoidance” in wildlife-bearing forests should always be considered as the first mitigation. The SC insists that mitigation measures as prescribed by the Wildlife Institute of India, NTCA, and Standing Committee of the National Board of Wildlife for any developmental activity and linear infrastructure must be strictly followed in the interest of wildlife conservation and development both. The SC directive to the central government to upload all information about Tiger Reserves, Tiger Corridors, Protected Areas, and Eco Sensitive Zones on the “Gati Shakti” portal will bear fruit only when infrastructure developers strictly adhere to the laid-down norms and protocols, and a strong monitoring mechanism is put into place to detect any deviation. Two important directions issued by the apex court based on the recommendation of the CEC with regard to the permissibility of the resorts within the close proximity of the protected areas and, if permitted, the restrictions to be imposed, are pivotal to sustainable tourism in tiger reserves. The SC direction removes ambiguity that ecotourism cannot resemble mass tourism and must be adequately regulated and adhere strictly to NTCA Guidelines; new eco-friendly resorts may be allowed in the buffer but shall not be allowed in an identified corridor; and homestays and community-managed establishments should be encouraged, and incentives should also be given to them. The SC directive on HWC mitigation and the NLSA scheme for providing free and prompt legal aid to HWC victims together will create a strong legal oversight mechanism over HWC management, especially for states like Assam grappling with a rise in such incidents.