The Saranda Wildlife Sanctuary Judgment: Balancing Constitutional Obligations, Tribal Rights and Environmental Conservation

The Supreme Court of India has finally resolved long standing disputes concerning tribal rights to land, the right to mine and environmental protection in its recent judgment, In Re: Saranda Wildlife Sanctuary, by ordering the designation of 31,468.25 hectares of Saranda forest area as a wildlife sanctuary. Notably, the Court also revived a 1968 notification on the designation of this area, while at the same time ruling that designation as a wildlife sanctuary will not take away scheduled tribe members’ rights to their land under the Forest Rights Act of 2006. This paper provides a constitutionally based legal analysis of the interpretation of court of articles 48A and 51A(g) as creating enforceable environmental obligations and reconciles the rights of tribes to use lands within the boundaries of the wildlife sanctuary under section 24(2)(c) of the Forest Rights Act with the provisions of the Wildlife Protection Act of 1972. Although the decision of the court significantly advances the interests of constitutional environmental protection and precludes indefinitely delayed actions by public administrators, the Court left several important issues of implementation unaddressed including tribal representation in the administration of wildlife sanctuaries, regulations for mining activities in areas adjacent to wildlife sanctuaries and balancing the need for environmental conservation with the security of livelihoods of residents living within or near the protected area.