LexT.N. GODAVARMAN THIRUMALPAD versus UNION OF INDIA & OTHERS
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[2012] 1 S.C.R. 923 T.N. GODAVARMAN THIRUMALPAD A v. UNION OF INDIA & OTHERS I. A. Nos. 1287, 1570-1571, 1624-1625, 1978, 2395, 2795- 2796 ~ B (Writ Petition (C) No. 202 of 1995) FEBRUARY 13, 2012 [K.S. RADHAKRISHNAN AND CHANDRAMAULI KR. PRASAD, JJ.] C WILD LIFE (PROTECTION) ACT, 1972: Object of its enactment - Discussed. s.2(27) - Whether sandalwood (Santa/um album Linn) D stated to be an endangered species, be declared as a "specified plant" within the meaning of s.2(27), and be included in the Schedule VI of the Act - Held: Indian sandalwood (Santa/um album Linn) is not included in the species listed in Appendix-II of CITES, however red E sandalwood (Pterocarpus Santalinus) is seen included in Appendix-I/ - At the ~ame time International Union for Conservation of Nature (IUCN) has included Santa/um album Linn in its Red List of threatened species as "vulnerable" and red sandalwood (Pterocarpus Santalinus) in the Red List as F "endangered" - Red sandalwood is a species of Pterocarpus native of India found nowhere in the world and possesses medicinal properties - Following the ecocentric principle, the Central Government is directed to take appropriate steps to include Red Sanders in Schedule-VI of the Act - Sandalwood G as sucn finds no place in CITES but it is included in the Red List of /UCN as "vulnerable" and, therefore, calls for serious attention by the Central Government, considering the fact that all the sandalwood growing States have stated that it faces 923 H 924 SUPREME COURT REPORTS [2012] 1 S.C.R. A extinction - Central Government is, therefore, directed to examine the issue at length in consultation with NBWL and take a decision as to whether Sandalwood is to be notified as a specific plant and be included in Schedule VI of the Act - Central Government is also directed to formulate a policy for B conservation of sandalwood including provisions for financial reserves for such conservation and scientific research for sustainable use of biological diversity in sandalwood - Central Government should also formulate rules and regulations for effective monitoring, control and regulation of sandalwood C industries - States are directed to immediately close down all un-licensed sandalwood oil factories, if functioning and take effective measures for proper supervision and control of the existing licensed sandalwood oil factories in States - Constitution of India, 1950 - Articles 51 A(g), 48A - 0 Environmental Protection Act, 1986. Sandalwood - Legislative measures taken by some of the States - Discussed Kera/a Forest (Amendment) Act, 2010 - ss.47A, 47C - Tamil Nadu Forest Act, 1882 - s.40G - Tamil Nadu Sandalwood Possession Rules, 1970 - Tamil Nadu E Sandalwood Transit Rules, 1967 - Karnataka Forest Act, 1963 - s.83 - A.P. Forest Act, 1967 - A.P. Sandalwood Possession Rules, 1969 - A. P. Sandalwood and Red Sanderswood Transit Rules, 1969 - Felling of Trees (Regulation) Act, 1964 - Bombay Forest Rules 1942 - Madhya Pradesh Revenue F Code - Convention on International Trade in Endangered Species of Wild Fauna and Flora 1973 (CITES), the Convention of Biological Diversity 1992 (CBD). BIOLOGICAL DIVERSITY ACT, 2002: G Object of its enactment - Discussed. DOCTRINES/PRINCIPLES: Public trust doctrine - Held: Is meant to ensure that all H humans have equitable access to natural resources treating T.N. GODAVARMAN THIRUMALPAD v. UNION OF 925 INDIA & ORS. all natural resources as properly and not life - The principle A also has its roots in anthropocentric principle - Precautionary principle and polluter-pays principles are also based on anthropocentric principle since they also depend on harm to humans as a pre-requisite for invoking those principles - The principle of sustainable development and inter-generational B equity too pre-supposes the higher needs of humans and Jays down that exploitation of natural resources must be equitably distributed between the present and future generations. Anthropocentrism vis-a-vis ecocentric approach - Held: C Anthropocentrism considers humans to be the most imporlant factor and value in the universe and states that humans have greater intrinsic value than other species - Resultantly, any species that are of potential use to humans can be a reserve to be exploited which leads to the point of extinction of biological reserves - Furlher, that principle highlights human D obligations towards e
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