LexT.N. GODAVARMAN THIRUMULPAD versus UNION OF INDIA & OTHERS
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A B c [2012] 3 S.C.R. 460 T.N. GODAVARMAN THIRUMULPAD v. UNION OF INDIA & OTHERS I. A. Nos. 1433 and 1477 of 2005 IN (Writ Petition (c) No. 202 of 1995) FEBRUARY 13, 2012 [K.5. RADHAKRISHNAN AND CHANDRAMAULI KR. PRASAD, JJ.] Wildlife (Protection) Act, 1972 - Schedule I, Part I, List 41 and ss. 8, 9, 11 and 12 - Centrally Sponsored Scheme of 2009 (CSS) titled "Integrated Development of Wildlife Habitats" - Rescue plan to save the Asiatic Wild Buffalo, an D endangered specie from extinction, which is declared as a State animal by the State of Chattisgarh - Plea of State of Chattisgarh that they do not have sufficient funds to undertake various programmes for protection of wild buffalo within the national parks, sanctuaries and also at conservation reserves E and community reserves - Held: Not tenable - Apart from the human .. animal conflict, the most important threat to wild buffalo is inbreeding with feral and domestic buffalo, habitat loss/degradation and hunting - Diseases and parasites (transmitted by domestic livestock) and competition for food F and water between wild buffalo and domestic stock are also serious threats - Habitat loss is also a major concern for species endangerment - When wild buffalos' eco-system is not maintained, they lose their home and either forced to adopt new surroundings or human habitat - State of G Chhattisgarh directed i) to give full effect to the Centrally Sponsored Scheme- "the Integrated Development of Wildlife Habitats", so as to save wild buffalo from extinction; ii) to ensure that interbreeding between wild and domestic buffalos does not take place and genetic purity of the wild species is H 460 T.N. GODAVARMAN THIRUMULPAD v. UNION OF 461 INDIA maintained; iii) to undertake intensive research and monitor A the wild buffalo population in Udanti Wildlife Sanctuary (Chattisgarh) and other areas, where the wild buffalo may still be found, including preparing their genetic profile for future reference; iv) to initiate wildlife training programmes for the officials of the State Forest Department, especially for B managing the above sanctuary and other areas where the wild buffalos are found and v) to submit Annual Plan of Operations to the Central Government detailing the proposed course ol action, if not already done, as per the "Integrated Development of Wildlife Habitats" scheme, within three c months - State Government directed to take all effective steps to protect the Asian wild buffalo (Buba/us bubalis) - National Wildlife Action Plan (2002-2016) - National Forest Commission, 2006 - The International Union for Conservation of Nature (IUCN) - IUCN Red List of 0 Threatened Species - Constitution of India, 1950 - Article 51A(g). Wildlife (Protection) Act, 1972 - s.36A - New categories of Protected Areas (PAs) - Conservation Reserves and Community Reserves - Centrally Sponsored Scheme of E 2009 (CSS) titled "Integrated Development of Wildlife Habitats" - Held: Conservation Reserves and Community Reserves have an important role to play in maintaining geographical integrity of the Nation - The Centrally Sponsored Scheme of 2009 (CSS) intended to bring the said F two categories of PAs also under the ambit of the Scheme along with the existing National Parks and Wildlife Sanctuaries - Environment Protection. Environment Protection - Wildlife - fiuman-wi/dlife G conflict - Critical threat to survival of many endangered species - Anthropocentric bias towards man - Held: Environmental justice can be achieved only if there is a drift away from the principle of anthropocentric to ecocentric - Many principles like sustainable development, polluter-pays H ' : ' 462 SUPREME COURT REPORTS [2012] 3 S.C.R. ·'A principle, inter-generational equity have their roots in anthropocentric principles - Anthropocentrism is -always 'human interest focussed while ecocentrism is life-centred, nature-centred where nature include both human and non- humans - National Wildlife Action Plan 2002-2012 and B Centrally sponso_red scheme (Integrated Development of Wildlife Habitats) is centred on the principle of ecocentrism. Applications were filed before this Court seeking a direction to the Union of India and the State of C Chhattisgarh to prepare a rescue plan to save the Asiatic Wild Buffalo, an endangered specie from extinction and to make available necessary funds and resources required for the said purpose and als
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