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Canopies and Corridors - International Fund for Animal Welfare

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Introduction<br />

In 1996, the Supreme Court of India suspended the<br />

felling of all trees from all <strong>for</strong>ests across the<br />

country <strong>and</strong> specifically in the North East. The<br />

Supreme Court clarified that the order would be<br />

applicable to all <strong>for</strong>ests irrespective of ownership <strong>and</strong><br />

classification <strong>and</strong> that it would also apply to <strong>for</strong>ests<br />

under the Control <strong>and</strong> management of Garo<br />

Autonomous Council <strong>and</strong> other Autonomous<br />

Councils. The Supreme Court’s order had far reaching<br />

implications on the management of <strong>for</strong>ests by the<br />

Garo Autonomous Council <strong>and</strong> District Councils <strong>and</strong><br />

perhaps <strong>for</strong> the first time, attention was focused on<br />

the role played by the District Councils in the<br />

management of <strong>for</strong>ests. For many observers <strong>and</strong> even<br />

ecologists, it was a surprise that vast areas of <strong>for</strong>ests<br />

were not under the control of the <strong>for</strong>est department of<br />

the State Governments but rather vested with tribal<br />

bodies, communities as well as individuals.<br />

The Supreme Courts’s order met with mixed<br />

reaction. It did, however, raise fundamental questions<br />

about the nature in which the <strong>for</strong>ests were being<br />

managed by District Councils. An offshoot of this order<br />

was that if there was lack of management of <strong>for</strong>ests,<br />

what was the condition of ‘wildlife’ since even the<br />

Supreme Court order did not cover the crucial aspect of<br />

wildlife conservation, though one can argue that if<br />

<strong>for</strong>ests are adequately protected, the wildlife will also be<br />

protected.<br />

It is ironic, that despite large areas of <strong>for</strong>ests being<br />

under the control of District Councils, the<br />

Constitutional <strong>and</strong> Legal framework does not provide<br />

any role <strong>for</strong> the District Councils in the protection <strong>and</strong><br />

conservation of wildlife.<br />

CHAPTER III<br />

Forest <strong>and</strong> wildlife conservation in Garo Hills autonomous<br />

district council- a policy analysis<br />

Ritwick Dutta<br />

However, despite this Constitutional reality, legal<br />

<strong>and</strong> administrative policies have failed to focus on<br />

this crucial role of District Councils <strong>and</strong> seem to<br />

proceed with the assumption that all l<strong>and</strong>s are<br />

managed by the State Governments. Different policies<br />

<strong>and</strong> action plans such as the National Wildlife Action<br />

Plan, 2002 also makes no mention of the role of the<br />

Councils despite the fact that some of the most<br />

important wildlife sanctuaries, national parks as well<br />

as tiger reserves are under the control of these<br />

councils. Recent amendments in the Wildlife Act have<br />

provided greater space <strong>for</strong> NGOs, Communities <strong>and</strong><br />

Members of legislature but un<strong>for</strong>tunately provide no<br />

direct role <strong>for</strong> these councils.<br />

The aim of the present work is to identify gaps in<br />

the existing conservation laws <strong>and</strong> policies in order to<br />

ensure a meaningful <strong>and</strong> effective role of Garo<br />

Autonomous Council. The aim is to provide specific<br />

areas of concern which need to be addressed through<br />

policy, legal <strong>and</strong> administrative changes.<br />

The present study aims at the following:<br />

Outline the gaps in existing laws with respect<br />

to the role <strong>and</strong> responsibility of the Garo<br />

Autonomous Council in conservation of<br />

wildlife <strong>and</strong> <strong>for</strong>ests<br />

Share the experiences of the Garo<br />

Autonomous Council in managing <strong>for</strong>ests<br />

<strong>and</strong> wildlife.<br />

To identify as to whether there is any ‘role’<br />

envisaged in law <strong>and</strong> policy <strong>for</strong> Garo<br />

Autonomous Councils <strong>and</strong> especially in the<br />

Wildlife (Protection) Act, 1972, the Forest<br />

(Conservation) Act, 1980 <strong>and</strong> the Biological<br />

Diversity Act, 2002.

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