Canopies and Corridors - International Fund for Animal Welfare

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areas which serve as important habitats of wildlife or even serve as corridors for wildlife. Community reserve (Section 36 (c)) Purpose Protecting fauna, flora and the traditional or cultural conservation values and practices in situations where either an individual or the community has volunteered to conserve wildlife and its habitat in areas that are not within any category of protected areas or government owned land. Statutory provision Section 36 C of the Wildlife (Protection) Act, 1972 as amended in 2003. Power to declare community reserve State government has been vested with the power to declare areas as Conservation Reserves. [Section 36 A]. Neither can the central government nor can any other authority including the local community by themselves declare an area as a community reserve. However, since in most instances by virtue of accords signed as well as the provisions of the Sixth Schedule, the executive power extends to the subjects entrusted, the Garo Autonomous Council have power to declare Community Reserves. Criteria to be followed in declaring an area as community reserve The land proposed to be declared must be either a community owned land or under private ownership. The land should not be a part of a national park, sanctuary or a conservation reserve. The community or an individual should have volunteered to conserve wildlife and its habitat. A notification has to be issued specifying as nearly as possible the situation and limits of such area. It shall be sufficient to describe the area by road, rivers, ridges and other well know or readily intelligible boundaries. A Community Reserve Management Committee has to be constituted by the State Government. Management and administration of community reserve CRMC shall be the authority that shall be responsible Canopies and Corridors for conserving, maintaining and managing the community reserve. Unlike the conservation reserve, it is not the CWLW who manages the community reserve rather it is the CRMC. The role of the CRMC is thus not just advisory. Composition of the CRMC Five Representatives nominated by the Village Panchayat In the situation where no Village Panchayat exists the five representatives are to be nominated by the Gram Sabha. One representative of the forest or wildlife department under whose jurisdiction the community reserve is located. Function of CRMC CRMC shall be the authority that shall be responsible for conserving, maintaining and managing the community reserve. Preparation of management plan for the community reserve Implementation of the management plan for the community reserve. Nature of restriction after declaration of an area as a conservation reserve The nature of restrictions is similar to that of a sanctuary. It is stated that every person shall, so long as he resides in community reserve be bound [ as far as may be ] to follow the restrictions as stipulated for sanctuaries under the Wildlife Act. It is pertinent to point out that it is clearly mentioned that the above provisions shall “as far as may be apply to a community reserve as they apply in relation to a sanctuary”. It is therefore important to remember that all these restriction will not automatically extend to a community reserve. Procedure for alteration of boundaries and other changes After the issue of the notification constituting an area as a community reserve any change in the land use pattern of the reserve will require the following procedure A resolution to that effect has to be passed by the CRMC. The state government approval to the said resolution passed by the CRMC. 29
Notes and comments The statement of objects and reasons of the Amendment Act, 2002 states that the state governments are empowered to declare areas which are under private or community ownership as community reserves provided the members of the community or individuals concerned are agreeable to offer such areas for protecting the wildlife together with the associated traditions, cultures and practices. The declaration of the community reserve involves one single notification. Unlike a Conservation Reserve, no change in land use is permitted once a notification has been issued under Section 36 C (1) of the WPA. However, similar to the case of conservation reserve, no legal provision exists for the denotification or alteration of the boundaries of the community reserve. Although, some restrictions as are applicable to sanctuaries are also applicable in a community reserve, however, the exact nature will depend on the guidelines and other working Rules that will be prepared by the CRMC. Unfortunately, despite more than five years having passed since the amendment Act has come into force, no guidelines have been issued thus rendering the provisions largely redundant. The community reserve has the potential to be more socially acceptable since it is not expected that the restrictions which are applicable to a sanctuary will also be applicable to a community reserve, since the essential purpose of community reserve is not just the protection of wild flora and fauna but also to preserve the traditional conservation values and practices. As such, community reserves are not envisaged as a “No- Use Zone” rather as stated in the “Objects and Reasons”: areas which are to be managed on the principles of sustainable utilization of forest produce. The community reserve is a viable option for areas important from the viewpoint of wildlife and where the community is willing to part with its land such as the Nokma and Akhing land in the Garo hills of Meghalaya. However, a uniformly composed Community Reserve Management Committee may not be suited for all local cultural and political situations. It is thus of utmost importance that the Wildlife Act provides for spaces for local level indigenous institutions to functions as basic units for wildlife governance rather than imposing a structure which might be out of tune with the ground realities. Judicial orders and its implication In addition to the statutory laws, decisions of the Supreme Court also determine the management and administration of protected areas. The most significant of all the orders related to national park and sanctuaries is the order dated 14/02/2000 in W.P 202 of 1995 wherein the Supreme Court restrained the State Governments from ordering the removal of dead, deceased, dying or wind fallen trees, drift wood and grasses etc from any national park or sanctuary. It also stated that that if any order to the contrary had already been passed the operation of the same would be stayed. The Central Empowered Committee in its letter dated 2nd July 2004 explained that this provision includes activities such as grazing and collection of NTFP from protected areas. The MoEF through a circular issued to the State Governments further clarified that all rights, privileges and concessions in national parks & sanctuaries must also cease. The Supreme Court by its order dated 25th November 2005 clarified that activities which are undertaken as per approved management plan and were consistent with the provisions of the Wildlife Protection Act, 1972 & The National Wildlife Action Plan as well as other such guidelines issued from time to time were permissible in respect of national park and sanctuaries. These restrictions come into play even if final notification for the national park and sanctuary has not taken place. It has to be empirically checked as to the ground level situation with respect to protected areas in the State of Meghalaya and Assam specifically in the context of the pre and post 14/02/2000 order. Existing information does not reveal much difference in the situation although it needs to be more carefully verified. Recently, Supreme Court by its order dated 14.9.2007 further clarified that the following activities are also permitted:- (i) laying of underground drinking water pipelines up to inch diameter; (ii) laying of 11 KV distribution lines for supply of electricity to rural areas; (iii) laying of telephone lines or optical fiber for providing communication facilities in rural areas; (iv) wells, hand pumps, small water tanks etc. for providing drinking water facilities to villagers, who are yet to be relocated from the protected area. In addition to the above, the Anganwadis, government schools and government dispensaries which are essential for the inhabitants of people who are nearer to these forest areas shall continue and the government may carry out construction activities in 30 Canopies and Corridors
Page 1 and 2: Eds: Rahul Kaul, Sandeep Kumar Tiwa
Page 3 and 4: The International Fund for Animal W
Page 5 and 6: FOREWORD February 12, 2008 Forests
Page 7 and 8: The report is an outcome of relentl
Page 9 and 10: The sixth schedule of the constitut
Page 11 and 12: conducted covering the whole of the
Page 13 and 14: Geographical location The state of
Page 15 and 16: Fig. 2 Map of the three Garo Hills
Page 17 and 18: Table 3 Population, child populatio
Page 19 and 20: Fig. 3 Map showing blocks of the Ga
Page 21 and 22: Table 7 Classification of area unde
Page 23 and 24: Table 8 Number of jhumias in Garo H
Page 25 and 26: To make recommendation for changes
Page 27 and 28: (c) In any matter relating to any s
Page 29: Management and administration of co
Page 33 and 34: Purpose Conservation and protection
Page 35 and 36: FCA was not applied to forest land
Page 37 and 38: should be a partnership of all the
Page 39 and 40: PART A 1. The United Khasi-Jaintia
Page 41 and 42: Sacred groves The sacred groves are
Page 43 and 44: another clan wants land, then the N
Page 45 and 46: Meghalaya, with its diverse habitat
Page 47 and 48: Fig. 2 Tiger in Balpakram National
Page 49 and 50: Ainsliaea latifolia, Panax pseudo-g
Page 51 and 52: B. West Garo Hills C. South Garo Hi
Page 53 and 54: Introduction There is an increasing
Page 55 and 56: Fig.1 Landuse map of Garo Hils dist
Page 57 and 58: Fig. 4 Land use map of South Garo H
Page 59 and 60: Fig 6 Map showing areas under diffe
Page 61 and 62: Table 6 List of woody species and i
Page 63 and 64: Fig 8 Dominance-distribution curves
Page 65 and 66: 64 Canopies and Corridors
Page 67 and 68: and invasion of weedy and other spe
Page 69 and 70: Balakrishnan, N.P. 1981-83. Flora o
Page 71 and 72: the first stage sampling units and
Page 73 and 74: Survey Survey was conducted on the
Page 75 and 76: engaged in forest resource collecti
Page 77 and 78: 87.2% birds and 79.5% fishes. Only
Page 79 and 80: industry. A large part of bamboo is
Page 81 and 82:
Introduction Forest resources play
Page 83 and 84:
82 Canopies and Corridors
Page 85 and 86:
Profile of the Sample Age-sex compo
Page 87 and 88:
Initiatives for the conservation of
Page 89 and 90:
Laws for legal protection of forest
Page 91 and 92:
have done good work for forest cons
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92 Canopies and Corridors Fig. 2 Fo
Page 95 and 96:
The conflict has also resulted in i
Page 97 and 98:
Fig. 8 Map of Ranggira- Nokrek elep
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Fig. 9 Map of Nokrek - Imangiri ele
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Fig. 10 Map of Imangiri -Rewak elep
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Fig. 11 Map of Siju -Rewak elephant
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Fig. 12 Map of Siju -Balpakram elep
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106 Canopies and Corridors Fig. 13
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area. The Nokma and local community
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Fig. 18 Piglets distributed among A
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Selbalgre village (about 20 kms fro
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Fig. 4 Notification of Selbalgre Vi
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Fig. 9 Fishery tank being prepared
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(i) Careful steps should be taken t
Page 121 and 122:
communities. The major tribes of th
Page 123 and 124:
ANNEXURE II T.N. GODAVARMAN THIRUMU
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foolproof institutional arrangement
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16. Units who do not want to shift
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tools and implements for prosecutio
Page 131 and 132:
e delegated to it by the Regional C
Page 133 and 134:
constituted by such Council in appe
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(c) taxes on the entry of goods int
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specify in the notification; (c) th
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(3) Every order made under sub-para
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(2) Every member whether elected or
Page 143 and 144:
(f) fisheries; (g) water, that is t
Page 145 and 146:
(d) prescribe that no person reside
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Act, 2003 (44 of 2003), s. 2 , so a
Page 149 and 150:
consider the desirability of introd
Page 151 and 152:
Order: Insectivora Family: Soricida
Page 153 and 154:
Tiger Panthera tigris tigris (Linna
Page 155 and 156:
ANNEXURE V List of Birds reported f
Page 157 and 158:
Order: Coraciiformes Family: Alcedi
Page 159 and 160:
Family: Paridae Melanochlora sultan
Page 161 and 162:
Order: Testudines 1. Hardella thurj
Page 163 and 164:
Order: Primates Family: Cercopithec
Page 165 and 166:
ANNEXURE IX
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A. OCCASIONAL REPORTS OTHER WTI PUB
Page 169 and 170:
Emergency Relief Network Digest 200
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