Bombay High Court invokes Mahabharat while ordering Goa to notify Tiger Reserves

The Bombay High Court bench at Goa recently invoked the Hindu epic Mahabharat and ordered the Goa government to notify the Mhadei forest complex as a Tiger reserve. [The Goa Foundation vs State of Goa]. .A division bench of Justices Mahesh Sonak and Bharat Deshpande invoked verses of Mahabharata to emphasise on the need to protect Tigers. "निर्व र्वध्यते व्या घ्रो निर्व्याघ्रंनि द्यते र्वम्। तेस्मा द्व्या घ्रो र्व रक्षे द्वयं व्या घ्रंच पा लयं ते // "If there is no forest, then the tiger gets killed; if there is no tiger, then the forest gets destroyed. Hence, the tiger protects the forest and the forest guards the tiger!" the order stated..The Court added that the protection given to wildlife needs to be improved, given that many species in India are either extinct or in danger of being extinct. "Some wild animals and birds have already become extinct in this country, and others are in danger of being so. Areas once teeming with wildlife have become devoid of it, and even in Sanctuaries and National Parks, the protection afforded to wildlife needs to be improved," the Court underscored..The Court proceeded to order the State government to notify the Tiger Reserves within 3 months.The order was passed in a public interest litigation (PIL) petition seeking a direction to declare the Mhadei forest complex of Goa, which comprises of Mhadei Wildlife Sanctuary, Bhagwan Mahavir Wild Life Sanctuary, Bhagwan Mahavir National Park, Netravali Wildlife Sanctuary and the Cotigao Wildlife Sanctuary, as a reserve.These protected areas, which lie along the Western Ghats ridge, are spread around 750 square kilometers..In the order passed last week, the High Court also noted that the World Wildlife Fund (WWF), India had described the tiger as a unique animal which plays a pivotal role in the health and diversity of an ecosystem."It is a top predator at the apex of the food chain. Therefore, the presence of tigers in the forest is an indicator of the well-being of the ecosystem. Protection of tigers in forests protects the habitats of several other species. Indirect benefits of preserving a tiger include several ecosystem services like protection of rivers and other water sources, prevention of soil erosion and improvement of ecological services like pollination, water table retention etc," the bench observed.Conversely, the absence of this top predator would indicate that its ecosystem is not sufficiently protected, the Court added.Further, the bench also took note of the government's duties to protect the environment and wildlife under Articles 48-A and 51-A(g) of the Constitution of India."Given these Constitutional provisions, the least expected of the State was not to oppose or unreasonably delay the proposal for notifying an area as a tiger reserve when a high-powered, expert, central body, i.e. the National Tiger Conservation Authority (NCTA), recommends its notification," the bench opined..The bench further referred to the Tiger Census, 2023 and noted that an estimated 3,167 tigers are living in India, which is a number too less than 40,000 tigers estimated to have lived in 1947.The Court also noted that the Project Tiger has been ongoing for more than three decades in the country. Yet the status of tigers remains critical, the Court remarked. .Notably, the Court also dismissed the State's contention that if the five protected areas are declared as tiger reserve, it may affect the rights of Scheduled Tribes and require the resettlement of forest dwellers. "There appears to be some misimpression that the moment the area is notified as a tiger reserve, there would be large-scale displacements of populations and the rights of the forest dwellers would be drastically affected. This needs to be corrected," the bench said in response..The Court further pointed out that as per the material on record, the Goa Forest Department officials have ensured that most of the areas where people have settled were already excluded from the core area of the proposed tiger reserve.The Court also directed the State government to determine and settle the rights and claims of Scheduled Tribes and other forest dwellers as expeditiously as possible and preferably within 12 months..[Read Order]