Abstract

This article outlines the complex issues of Human-Wildlife Conflict (HWC) in India, and its causes and effects. It also highlights the legal and policy measures introduced to address this problem, along with the judicial responses and landmark cases, which illustrate the role of the judiciary in HWC mitigation. It ends with some adverse notes on present legal aspects such as lack of implementation, policy conflict and a gap in awareness and capacity, that could help them devise better HWC mitigation measures in times to come. India being one of 17 mega biodiverse countries in the world, its ecosystems are home to a wide variety of flora as well as fauna. With an increase in the human population, humans and wildlife are moving from niche areas to shared habitats, leading to multiple interests of these species in common spaces and consequently HWCs. A common manifestation of the HWC is a raid on the crops, attack on cattle, damage to property or people. Through legislative measures in the Wildlife (Protection) Act 1972, The Forest Rights Act 2006, along with policy measures in National Wildlife Action Plan and Project Tiger, this conflict is tried to be mitigated while also taking into account the goals of conservation of wildlife and people. This legal and policy framework has largely seen the judiciary as a strategic partner in the war against HWC. The judiciary adjudicates the land disputes between humans and wildlife, establishing a green and more congenial way to mitigate. This article wraps up with certain stark issues in the present legal framework like lack of implementation, policy conflict, a gap in knowledge and capacity that could help them design better HWC mitigating measures in times to come.

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