National Park - UPSC Environment Notes

The 1972 Wild Life (Protection) Act empowered the State Government to create National Park in regions recognized for their ecological, geomorphological, and natural significance.
However, the legislation does not explicitly outline the distinction in conservation value between a National Park and a sanctuary.
The fundamental objective of a national park is to safeguard the natural environment of the designated area and ensure the preservation of biodiversity.
In India, National Parks fall under the IUCN category II for protected areas.
Established in 1936, Hailey National Park holds the distinction of being India’s first national park.
Presently, it is recognized as Jim Corbett National Park and is located in Uttarakhand.
India boasts a total of 106 national parks, encompassing a combined area of 44,372.42 km2. This constitutes approximately 1.35 percent of the country’s total geographical area.

Table of Contents

PROVISIONS FOR NATIONAL PARK

Declaration by State Government:

The State Government can, through notification, express its intent to establish a national park in any area, whether inside or outside a reserve forest. This decision is based on the belief that the area possesses sufficient ecological, faunal, floral, geomorphological, natural, or zoological significance for the protection, propagation, or development of wildlife or its environment.

Once the initial notification is issued, and the stipulated period for filing claims has elapsed, the State Government can issue another notification specifying the national park’s boundaries. This declaration asserts that the designated area shall officially become a national park as of the specified date in the notification.

Declaration by Central Government:

The Central Government can declare a national park through notification if it determines that an area holds adequate ecological, faunal, floral, geomorphological, natural, or zoological significance for the protection, propagation, or development of wildlife or its environment.

Boundaries:

The notification must precisely describe the location and boundaries of the area. In cases involving territorial waters, the limits shall be determined in consultation with the Chief Naval Hydrographer of the Central Government, ensuring the protection of local fishermen’s occupational interests.

The boundaries of a national park cannot be altered without the recommendation of the National Board for Wild Life. The Amendment Act of 1991 included territorial waters in areas designated as sanctuaries to protect offshore marine flora and fauna.

Settlement of Rights:

In accordance with their rights, the State Government is responsible for making alternative arrangements for fuel, fodder, and other forest produce to those affected by the declaration.

Under the Act, a designated officer, known as the ‘Collector,’ is appointed by the State Government to investigate and determine the existence, nature, and extent of any person’s rights in or over the land within the national park that is to be notified.

No rights can be acquired in the land after the national park’s notification, except by succession, testamentary, or intestate.

Claim of Rights:

If there is a claim to a right in or over the land, the Collector will issue an order admitting or rejecting the claim in whole or in part.

If accepted, the Collector may either:

Exclude such land from the proposed national park’s boundaries or
Proceed to acquire such land or rights, unless, by agreement between the owner of such land or holder of such rights and the Government, the owner or holder of such rights has agreed to surrender his rights in or over such land to the Government in exchange for compensation, as provided in the Land Acquisition Act, 1894.

Allow, in consultation with the Chief Wild Life Warden, the continuation of any person’s right in or over any land within the national park’s boundaries.

Entry into Protected Area:

No one else except:

A public servant on the job
A person who has been granted permission to reside within the boundaries of the national park by the Chief Wild Life Warden or an authorized officer.
A person who has any right to immovable property within the national park’s boundaries.
A person traveling on a public highway through the national park.
The dependents of the person referred to in clause (a), (b), or (c) above.
No one is permitted to enter or reside in the national park, except under and in accordance with the terms of a permit granted.

Grant of Permit for Entry:

On application, the Chief Wild Life Warden may grant any person a permit to enter or reside in a national park for all or any of the following purposes:

Investigation or study of wildlife and related purposes
Photography
Scientific research
Tourism
Transaction of lawful business with any person residing in the sanctuary

The Chief Wild Life Warden is the authority in charge of controlling, managing, and maintaining all Protected Areas.

The National Board for Wild Life may make recommendations on the establishment and management of national parks, as well as on matters relating to activity restrictions in those areas.

The State Board for Wild Life shall advise the State Government on the designation and management of protected areas.

SIGNIFICANCE OF NATIONAL PARK

Natural Preservation and Management:
- National Parks help perpetuate and manage areas through natural means, preserving examples of physiographic regions, biotic communities, genetic resources, and natural processes in their unaltered state.
Biodiversity Conservation:
- They contribute significantly to the preservation of diverse species, regional ecological processes, and migration routes, playing a vital role in maintaining biodiversity.
Population Viability and Ecosystem Integrity:
- National Parks keep populations of native species viable and ecologically functional. This long-term effort aims to preserve the integrity and resilience of ecosystems by maintaining specific densities of native species.
Sustainable Visitor Use:
- Effective management of visitor activities ensures that recreational and educational purposes do not cause significant biological or ecological degradation to natural resources. National Parks serve as inspirational, educational, cultural, and recreational hubs.
Consideration of Indigenous Peoples and Local Communities:
- National Parks take into account the needs of indigenous peoples and local communities, including subsistence resource use. Careful management ensures that these activities have no negative impact on the primary goal of preserving the area’s natural integrity.
Economic Contribution through Tourism:
- National Parks play a crucial role in contributing to local economies through tourism. Visitors are attracted to these protected areas for their natural beauty, unique ecosystems, and opportunities for outdoor activities.
Category II Ecosystem Preservation:
- Category II areas, characterized by their large size, aim to preserve a functioning ecosystem. Achieving this goal may require supportive management in the surrounding areas to ensure the overall ecological balance.

National Parks, through these aspects, not only serve as conservation strongholds but also offer economic, cultural, and educational benefits to both local communities and the broader public.

ACTIVITIES ALLOWED/NOT ALLOWED IN NATIONAL PARK

Allowed:

Conservation and Preservation: The primary purpose of National Parks is the conservation and preservation of natural ecosystems, physiographic regions, and biodiversity.

Not Allowed:

Human Activity: Human activity is strictly prohibited within National Parks to minimize disturbance to the natural environment.
Livestock Grazing: Grazing of livestock is not allowed to prevent habitat degradation and competition with native wildlife.
Private Tenurial Rights: The establishment of private tenurial rights within National Parks is prohibited to maintain exclusive focus on conservation.
Hunting or Capturing of Listed Species: The Wildlife Act’s Schedule lists species that are protected, and hunting or capturing them is strictly forbidden within National Parks.
Taking, Exploitation, or Destruction of Wildlife: Any form of taking, exploitation, or destruction of wildlife is prohibited to ensure the well-being of the park’s ecosystem.
Habitat Damage or Destruction: No one is allowed to damage or destroy the habitat of wild animals within a National Park, preserving the natural environment.
Demotion to “Sanctuary” Status: National Parks cannot be demoted to the status of a sanctuary, ensuring their continued focus on conservation.
Establishment Authority: Both the federal government and state governments have the authority to establish National Parks, emphasizing collaborative efforts in conservation.
Boundary Changes: Changes to the boundaries of a National Park are strictly regulated. They can only be made through authorization by a resolution passed by the State legislature, ensuring a careful and considered approach to alterations.

FAQs – National Parks in India

1. What empowered the establishment of National Parks in India?

A: The establishment of National Parks in India is empowered by the 1972 Wild Life (Protection) Act. This legislation grants authority to the State Government to designate areas with ecological, geomorphological, and natural significance as National Parks.

2. What is the primary objective of a National Park in India?

A: The fundamental goal of a National Park in India is to safeguard the natural environment of the designated area and ensure the preservation of biodiversity. National Parks fall under the IUCN category II for protected areas, emphasizing their conservation significance.

3. When was the first National Park established in India, and what is its current name?

A: Hailey National Park, established in 1936, holds the distinction of being India’s first National Park. It is now known as Jim Corbett National Park and is located in Uttarakhand.

4. How many National Parks does India currently have, and what is their combined area?

A: India currently boasts a total of 106 National Parks, covering a combined area of 44,372.42 km2. This constitutes approximately 1.35 percent of the country’s total geographical area.

5. What are the provisions for the declaration of National Parks by the State Government?

A: The State Government, through notification, can express its intent to establish a National Park based on ecological significance. After the initial notification, another is issued specifying the boundaries, officially declaring the area as a National Park.

6. How can the Central Government declare a National Park?

A: The Central Government can declare a National Park through notification if it determines that an area holds ecological significance. The notification must precisely describe the location and boundaries, and territorial waters may be included after consultation with the Chief Naval Hydrographer.

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National Park – UPSC Environment Notes