A judicial wake-up call

The Supreme Court clamping a blanket ban on all mining activities inside national parks and wildlife sanctuaries and within one kilometre around these protected areas is a landmark judgement that strengthens wildlife conservation and conservation of ecologically important landscapes. The directive has great significance for Assam and other northeastern states as illegal mining activities have been posing a threat to ecological integrity of several protected areas and wildlife and biodiversity in those. Without strengthening the compliance mechanism, mere pronouncement of the directive by the SC is not going to curb illegal mining activities. A recent report released by the SC-constituted Central Empowered Committee laid bare how illegal mining activities are continuing in the Kaziranga National Park landscape despite the apex court order issued in 2019. The SC in its order had restrained all kinds of mining and related activities along the aforesaid Kaziranga National Park area and in the entire catchment area of rivers/streams and rivulets originating in Karbi Anglong Hill ranges and flowing into Kaziranga National Park, including Tiger Reserve. The SC also directed the Director General of Police, Assam, and the Superintendent of Police concerned shall to ensure that no illegal mining takes place in these areas and no transportation of illegally mined material take place from Karbi Anglong Hills. The CEC report pointing out that some illegal mines have resumed operations and suitable actions are not being taken to stop them reveals a disturbing situation of failure of the state authorities to take legal action against violators of the SC order. The CEC wrote to the Special Chief Secretary, Environment & Forest Department, Government of Assam, stating that since the mining leases fall within the draft Eco-Sensitive Zone (ESZ), they should have been cancelled rather than merely suspended. The CEC also directed that no new mining leases be granted in these areas, in compliance with the SC orders. Failure to enforce the SC order is reflective of persistent gap between judicial intent behind orders and judgements and administrative commitment for compliance. If this gap is allowed to persist, then the existence of a buffer zone of the protected areas, which plays the crucial role of absorbing shocks of anthropogenic pressure to keep wildlife and biodiversity of a national park or wildlife sanctuary protected, will become uncertain. The CEC’s directive to Karbi Anglong Autonomous Council (KAAC) to complete and submit a comprehensive Watershed Drainage Analysis Report to the CEC, clearly identifying all watershed areas draining into Kaziranga National Park, is linked to KAAC allowing new mining in the Kaziranga landscape. The SC empowered body categorically states in its report that no new mining settlement, lease, or permit shall be issued by the KAAC or any other authority in areas draining into Kaziranga National Park and Tiger Reserve until the watershed boundaries and areas of concern have been scientifically delineated and verified. A critical gap in enforcement of ban of mining and other prohibited activities in the buffer zone of national parks and wildlife sanctuaries is that delineation of boundary of protected areas and the Eco Sensitive Zone is still pending in case of Kaziranga and several other protected areas. Without clarity in demarcated boundary of protected areas as well as ESZ boundary make it difficult for the authorities to enforce the compliance of the SC order. This difficulty was highlighted by KAAC that the Office of Divisional Forest Office, Karbi Anglong East Division, did not have any reports of the boundary notification of Kaziranga National Park and Tiger Reserve as well as the proposed ESZ boundary points due to a lack of urgency on the part of the Forest and Environment Department to demarcate the boundaries of protected areas in the state. This is a serious gap that needs to be addressed in a time-bound manner before unscrupulous elements exploit it to cause irreversible ecological destruction. The SC order has brought an opportunity for all stakeholders to strengthen compliance mechanisms, but it is possible only with strong administrative measures. Robust monitoring and surveillance over a vast stretch of forested area requires a proportionate strength of trained forest staff and officials. The application of modern technology such as drones can strengthen surveillance against illegal and unauthorised activities, as it helps monitor remote and inaccessible areas in real time to detect encroachment and mining activities in protected areas. Modern technology also facilitates the capturing of geo-tagged images to strengthen documentary evidence against such violations. Clear demarcation of the boundaries and informing the communities at the fringe can also help rope in the residents of fringe villages to report illegal activities inside and within the ESZ of the protected area. Innovative ideas of technology application can be a game changer in strengthening enforcement of the judicial directives, official orders and recommendations by experts for providing long-term protection to protected areas and buffer zones. The SC order is a wake-up call to act fast.