- The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, introduces the concept of Critical Wildlife Habitats.
- In this legislation, Critical Wildlife Habitats (CWH) are delineated as “areas within national parks and sanctuaries where, through a case-by-case assessment using scientific and objective criteria, it has been explicitly determined that these areas must remain inviolate for the purpose of wildlife conservation.”
- This definition unambiguously emphasizes that Critical Wildlife Habitats are entirely devoid of human presence.
- However, it is noteworthy that the same act duly acknowledges and respects the traditional rights of forest dwellers.
DESIGNATION OF CWH
- The designation of Critical Wildlife Habitats (CWHs) involves a specific process under the authority of the Ministry of Environment and Forests.
- The responsibility to notify the rules for designating a CWH lies with this ministry. The State Government is required to initiate the process for the notification of a critical wildlife habitat.
- This initiation involves submitting a case-by-case application to the Ministry of Environment and Forests, which serves as the nodal agency under the relevant Act.
- It is crucial to note that the declaration of Critical Wildlife Habitats is exclusively carried out by the Central Government.
CWH AND RIGHTS OF FOREST DWELLERS
- The rights of forest dwellers are a central concern regarding Critical Wildlife Habitats (CWHs), primarily because these habitats are conceived as completely inviolate areas.
- Prior to the notification of a critical wildlife area, it is imperative to address not only the rights of tribal and forest dwellers but also provide scientific evidence establishing that the presence of people would have adverse impacts on the wildlife in the area.
- It is essential to highlight that the creation of these inviolate areas or critical wildlife habitats necessitates the consent of the affected Gram Sabha.
- The free and informed consent of the Gram Sabha must be obtained before any relocation of forest dwellers is undertaken.
FAQs – CRITICAL WILDLIFE HABITAT
1-What is the Critical Wildlife Habitat (CWH) according to the Scheduled Tribes and Other Traditional Forest Dwellers Act, 2006?
A: The Critical Wildlife Habitat is defined in the Act as “areas within national parks and sanctuaries where, through a case-by-case assessment using scientific and objective criteria, it has been explicitly determined that these areas must remain inviolate for the purpose of wildlife conservation.”
2-Does the definition of CWH imply a complete absence of human presence?
A: Yes, the definition of Critical Wildlife Habitats unequivocally emphasizes that these areas must be entirely free of human presence.
3-How is a Critical Wildlife Habitat designated?
A: The process for designating Critical Wildlife Habitats involves the Ministry of Environment and Forests. The State Government initiates the process by submitting a case-by-case application to the Ministry, which is the nodal agency. The Central Government has exclusive authority in declaring Critical Wildlife Habitats.
4-What role does the Ministry of Environment and Forests play in the designation of CWHs?
A: The Ministry of Environment and Forests is responsible for notifying the rules for designating Critical Wildlife Habitats and holds the authority for their declaration.
5-Why is there a need for the consent of the affected Gram Sabha in the creation of Critical Wildlife Habitats?
A: The consent of the affected Gram Sabha is crucial to ensure the free and informed agreement of the local community before designating an area as a Critical Wildlife Habitat. This process respects the rights and interests of the community.
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