Context:
Supreme Court asked States/UTs to act as per the definition of “forest” as laid down in the TN Godavarman Thirumulpad (1996) Judgment.
Key Highlights of Direction:
- Supreme Court passed an interim order while hearing writ petitions challenging theForest (Conservation) Amendment Act, 2023, an amendment to Forest (Conservation) Act of 1980.
- Follow the dictionary meaning of ‘forest’ as given in TN Godavarman Thirumulpad (1996) Judgment.
- Establishment of “zoos or safaris” by any government or authority should not be consented to without the final approval of the apex court.
T.N. Godavarman Thirumulpad vs Union of India Case (1996):
- Issue – Diversion of forest land for non-forest purposes without obtaining the necessary approvals from the central government
- Significance – Widened the definition of ‘forest’
- Till 1996, concerned authorities used to apply the provisions of the Act only to the forests notified under the Indian Forest Act of 1927.
- As per Judgement “forest” cover include:
- All areas recorded as “forest” in any government (Union and State) record.
- All areas that conformed to the “dictionary” meaning of forest.
- Areas identified as “forests” by an expert committee of SC.
Other Landmark Judgement on Environment:
- MC Mehta vs. Union of India – Dealt with the pollution of the Ganges River; it established the “polluter pays” principle, which holds that the polluter must bear the cost of remediation.
- Vellore Citizens Welfare Forum vs. Union of India – Dealt with the pollution of the Vellore River.
- Sterlite Industries (India) Ltd. vs. Union of India – Dealt with the operation of a copper smelting plant in Tamil Nadu.
Source: Down To Earth
Previous Year Question
With reference to Indian laws about wildlife protection, consider the following statements:
1. Wild animals are the sole property of the government.
2. When a wild animal is declared protected, such animal is entitled for equal protection whether it is found in protected areas or outside.
3. Apprehension of a protected wild animal becoming a danger to human life is sufficient ground for its capture or killing.
Which of the statements given above is/are correct?
[UPSC Civil Service Exam – 2022 Prelims]
(a) 1 and 2
(b) 2 only
(c) 1 and 3
(d) 3 only
Answer: (a)
Explanation: Statement 3 is not correct. Apprehension of a protected wild animal becoming a danger to human life is not a sufficient ground for its capture or killing.
