Assignment: Research Paper

PROJECT TIGER- ENVIRONMENTAL

PROTECTION CONCERNS AND HUMAN
RIGHTS VIOLATIONS
Subject: Environment Law

Submitted to:

Prof. Vivek Mukherjee

Submitted by:
Saumya Khandelwal, Suhani Agarwal
B.A., LL.B. V Year
X Semester
Roll no. – 2019-44, 2019-50

National Academy of Legal Studies and Research University of Law

Hyderabad

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 TABLE OF CONTENTS
INTRODUCTION......................................................................................................................3
HISTORY OF PROJECT TOGER............................................................................................5
Background on Project Tiger.................................................................................................5
Evolution of Project Tiger......................................................................................................6
Shift from environment preservation to single species preservation.....................................6
Poaching and Inflated Numbers.............................................................................................7
OVERSIGHTS: PROJECT TIGER...........................................................................................8
Ecotourism.............................................................................................................................8
Unequal Benefits and Community Conflicts in Wildlife Tourism........................................8
Human-wildlife conflicts.......................................................................................................9
Habitat Fragmentation..........................................................................................................11
Governance Challenges........................................................................................................12
DISPLACEMENT OF INDIGNEOUS COMMUNITIES......................................................13
Case Study-Nagarhole Tiger Reserve, Karnataka................................................................13
The Displacement.................................................................................................................13
Resettlement.........................................................................................................................14
Engagement with The Legal System....................................................................................15
ENVIRONMENTAL JUSTICE...............................................................................................17
Environment Protection as an Elite Enterprise with Colonial Vestiges...............................17
“Environmentalism of the Poor”..........................................................................................18
Anthropocentric View of Conservation...............................................................................18
COMMUNITY BASED MANAGEMENT.............................................................................20
CONCLUSION........................................................................................................................22

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 INTRODUCTION

Tigers occupy a crucial position in India's wildlife heritage and cultural fabric, and the
country boasts a population of over 70% of the world's wild tigers. Throughout history, these
entities have possessed significant cultural and philosophical significance, necessitating their
preservation to ensure the protection of biodiversity, a means of livelihood, and a bond with
the natural world. In Indian philosophy, the concept of interdependence highlights the
interconnectedness of all living organisms and their mutual necessity for their survival.

The following project gives a comprehensive history and analysis of India's Project Tiger, the
landmark initiative launched in 1973 to conserve the country's dwindling tiger population.
The text covers the evolution of this project over the decades, highlighting both its successes
and the various challenges it has faced. The text then traces the evolution of Project Tiger.
The initial phase in the 1970s focused on establishing protected areas and implementing the
Wildlife Protection Act to preserve tigers and their tropical forest ecosystems. The second
phase, starting in 2005-06, saw a shift towards a landscape-level approach and more stringent
surveillance measures.

However, the document also delves into the various challenges and criticisms that have
plagued Project Tiger over the years. One key issue highlighted is the shift in focus from
comprehensive environmental conservation to a singular emphasis on increasing the tiger
population, which has led to the prioritization of "pleasure value" over "habitat value" in
some tiger reserves.

Another major concern raised is the unequal distribution of benefits from wildlife tourism,
with local communities living near tiger reserves often excluded from the economic
opportunities and instead bearing the brunt of human-wildlife conflicts, such as cattle
predation by tigers. The text also examines the critical issue of habitat fragmentation, which
threatens the long-term viability of tiger populations, despite the establishment of tiger
reserves.

Furthermore, the document delves into the deeply concerning issue of the displacement of
indigenous communities from tiger habitats, citing the case of the Nagarhole Tiger Reserve in
Karnataka. It outlines how the notification of these areas as "critical tiger habitats" has led to
the forcible eviction of tribal communities, despite the provisions of the Forest Rights Act

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aimed at protecting their rights and ensuring voluntary relocation with adequate
rehabilitation.

The text outlines the violent tactics employed by the authorities to induce fear and coerce
these communities to abandon their ancestral lands, and the inadequate and exploitative
nature of the so-called "resettlement packages" provided. It also examines the legal
frameworks, including the Wildlife Protection Act and the Forest Rights Act, which
recognize the rights of forest-dwelling communities, and yet have failed to prevent the large-
scale displacement observed in practice.

Lastly, the document situates this issue within the broader context of environmental justice,
critiquing the "elite" and "colonial" nature of conservation efforts like Project Tiger, which
have prioritized the protection of charismatic species over the rights and livelihoods of
marginalized indigenous groups. It calls for a more inclusive, community-centric approach to
wildlife conservation that acknowledges and integrates the traditional knowledge and
sustainable practices of these communities.

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 HISTORY OF PROJECT TOGER

BACKGROUND ON PROJECT TIGER

The roots of Project Tiger and the laws regarding it like the, landmark Wildlife (Protection)
Act, 1972, are rooted in the ‘Shikar Era’ of the 1900s.1 Prior to achieving independence
Hunting in India was associated with imperial conquest. Prior to 1925, due to seeing animals
as threat, reward was awarded for killing wild animals including tigers. 2 Between the 1870s
and the 1920s, an estimated annual kill of 1,500-1,600 tigers occurred only for the purpose of
obtaining rewards.3

Indian fauna encountered a variety of dangers after gaining independence. According to

certain estimations, India's tiger population was approximately 40,000 at the onset of the 20th
century. By the 1970s, this figure was significantly lower than 2000. 4 The events that
transpired subsequent to the establishment of the republic resulted in a grave predicament.
This was mostly attributed to the expansion of agriculture, the clearance of land to
accommodate a burgeoning population and a swiftly industrializing nation. Consequently, the
ensuing struggle between humans and animals exacerbated the prevailing animosity towards
these untamed creatures. Tigers in the colonial times were perceived as a threat towards the
goal of expansion of agricultural economy. A significant portion of the labour force was
derived from domesticated animals like bulls and bullocks. Tigers and other carnivore were
perceived as detrimental due of their propensity to prey upon vulnerable livestock.5

For the new-born republic, tiger hunting was also a tourist activity that brought in foreign
exchange. However, with data on the dramatic fall in tiger population on the tables of the
nation’s top officials, there was tension. The tiger became both the symbol and index of the
environmental awakening that happened between 1969 to 1972. 6 The tiger became a symbol
at this time of a type of patriotism. It began to be called the Indian Tiger in 1972. It became
1
Fiona Mani, “Guns and shikaris: The rise of the sahib's hunting ethos and the fall of the subaltern poacher in
British India”, 1750-1947, WEST VIRGINIA UNIVERSITY RESEARCH REPOSITORY, (2012), available at:
https://researchrepository.wvu.edu/etd/594.
2
Rajat Ghai, “The big transition that was Project Tiger”, DOWN TO EARTH, 31 July 2022, available at:
https://www.downtoearth.org.in/blog/wildlife-biodiversity/the-big-transition-that-was-project-tiger-84066
3
Mahesh Rangarajan, India’s Wildlife History (Delhi, 2001) 32.
4
Ministry of Environment, Forest and Climate Change, All India Tiger Estimation -2022: Release of the
detailed Report (29 July 2023), available at: https://pib.gov.in/PressReleaseIframePage.aspx?PRID=1943922.
5
Bargali HS & Ahmed T, Patterns of livestock depredation by tiger (Panthera tigris) and leopard (Panthera
pardus) in and around Corbett Tiger Reserve, Uttarakhand, India, PLoS One 13 (5) (2018).
6
Ana Teodorescu, “Tiger Symbolism in the British Raj: Colonialism and Animal History of the Indian
Subcontinent”, THE COLUMBIA JOURNAL OF ASIA, Vol 1 Issue 2 (2022) 66.

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the National Animal. First came a ban on Tiger hunting in 1970, followed by the Wildlife
(Protection) Act in 1972.

EVOLUTION OF PROJECT TIGER

Tiger conservation in India can be categorized into two distinct periods. During the periods of
1970s, came the Wildlife Protection Act, whose objectives were to preserve the declared
protected areas and to conserve tigers and the forest ecology. 7 In 2005-06, the government
commenced the second phase by adopting a landscape-level approach and implementing
stringent surveillance measures to safeguard tigers. The project also saw success as there was
a tremendous increase in the tiger population from 1,411 in 2006 to 3682 in 2022.8 Tiger
monitoring became an essential part of conservation process, which has led to significant
changes in the policies. The aim is to develop and preserve the protected areas, the core areas
and also the buffer regions. New tiger reserve, landscapes and corridors are identified, and
the objective is to have conservation efforts alongside development goals, to develop
strategies for reintroducing and supplementing tigers and ungulates, and to prioritize
conservation investments to specifically target distinct and vulnerable gene pools.

SHIFT FROM ENVIRONMENT PRESERVATION TO SINGLE SPECIES PRESERVATION

The principle of comprehensive environmental conservation in particular areas, where nature

is presented with an opportunity to fully participate, sits at the heart of Project Tiger.
Additionally, it was asserted that management's scope would be restricted to the eradication
or, at the very least, reduction of human disruption and the restoration of any harm already
inflicted by humans.9 The selection of the initial nine reserves for the Project Tiger was based
on the criterion that each reserve was deemed representative of a specific tiger habitat and
was intended to remain unperturbed.

The habitat remains to be regarded as the fundamental cornerstone for tiger conservation. The
transition towards highly desirable tiger habitats, 10 which was subtle but effective, occurred
around a decade after the Wildlife Act. By the 1980s the focus of the project shifted to
become narrower towards increasing the number of tigers in various reserves. The new

7
Wildlife (Protection) Act, 1972.
8
Qamar Qureshi, Y.V. Jhala, S.P. Yadav, and A. Mallick (eds.), Status of Tigers in India - 2022 (2023).
9
Kailash Sankhala, “Tiger! The Story of the Indian Tiger” (London: William Collins, 1978).
10
Valmik Thapar, “The Tragedy of the Indian Tiger: Starting from Scratch”, in John Seidensticker, Sarah
Christie, and Peter Jackson (eds.), Riding the Tiger: Conservation in Human-Dominated Landscapes,
CAMBRIDGE UNIVERSITY PRESS, (1999).

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slogan was “The Tiger is at the apex of the Biotope. Save the tiger and you save the
habitat”'.11 We still see a similar approach being reinforced by the directorate, evident from
statements like- “'Tiger is symbol of wilderness and well-being of the ecosystem. By
conserving and saving tigers the entire wilderness ecosystem is conserved.”

POACHING AND INFLATED NUMBERS

The tiger population experienced a decline to a level below 3,000 by 1997, in contrast to the
estimated figure of 3,750 reported in the 1993 census report. 12 The World Bank initiated the
'India Ecodevelopment Project' with assistance from the Global Environment Facility (GEF)
in the tiger reserves of Buxa, Pench, Periyar, Nagarhole, Palamau, and Ranthambhore. 13 The
reduction of the number of tigers in both Project Tiger and non-Project Tiger areas in India
has been mostly attributed to poaching. 14 Following the Sariska Tiger Reserve crisis, it has
been revealed that the authorities responsible for Project Tiger engaged in falsified census
processes, leading to an overestimation and exaggeration of tiger populations.15

OVERSIGHTS: PROJECT TIGER

ECOTOURISM
Tiger Reserves have become the up and coming tourist destinations in India. The facilities of
tourism in these areas are subject to both Forest (Conservation) Act, 1980 and Wildlife
(Protection) Act, 1972. Ecotourism is defined as “responsible travel to natural areas that

11
A. Damodaran, “Project Tiger”, BIODIVERSITY CONSERVATION AND VALUATION ISSUES (2000).
12
Pushp Jain, Project Tiger Status Report (New Delhi: Ministry of Environment and Forests, Government of
India, 2001).
13
Kathy MacKinnon, Hemanta Mishra, and Jessica Mott, “Reconciling the Goals of Conservation and Local
Communities: Global Environment Facility Support Tiger Conservation in India”, in John Seidensticker, Sarah
Christie, and Peter Jackson (eds.), Riding the Tiger: Conservation in Human-Dominated Landscapes,
CAMBRIDGE UNIVERSITY PRESS, (1999).
14
Id.
15
Anonymous, “Imaginary Tigers”, DOWN TO EARTH (2005), available at:
https://www.downtoearth.org.in/coverage/imaginary-tigers-9193.

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conserves the environment, sustains the wellbeing of local people and involves interpretation
and education”.16 The principle of ecotourism is set forth through the provisions of these acts.
However, on ground realities depict a different picture. For the local support in eco-tourism
and also conservation efforts, the state needs to make policies, through consultations, which
are sensitive towards needs of the indigenous communities. 17 While some studies have shown
that Ecotourism has emerged as a significant source of revenue for local communities
providing employment opportunities as guides, naturalists, and service providers in and
around the areas surrounding tiger reserves.18 The fixation on augmenting the population of
tigers in reserves has been complemented by the park managers' aspiration to offer tourists
the opportunity to witness tigers. During the 1970s, 'live baits of cattle' were organized to
attract people to the Kanha Tiger Reserve. Consequently, the prioritization of pleasure value
superseded that of habitat value. The presence of live baits in tiger reserves is believed to
have caused the disturbance of the tiger's territorial boundaries. Due to the practice of baiting
in tourist-accessible areas, the tiger population has become localized around these spots,
resulting in internal conflicts and fatalities. 19 Consequently, reserves like as Kanha have been
transformed into more of a 'amusement safari' rather than a tiger reserve. Hence, it is
imperative to consistently inquire if the phenomenon being labeled as ecotourism truly
qualifies as such.

UNEQUAL BENEFITS AND COMMUNITY CONFLICTS IN WILDLIFE TOURISM

Wildlife tourism, once hailed as a sustainable form of development and a solution to people-
park conflicts, has encountered significant challenges in ensuring equitable distribution of
benefits to local communities.20 The case of Nagarhole National Park serves as a poignant
example of how tourism development without considering local interests can lead to
widespread protests and hostility, ultimately hindering conservation efforts.

The crux of the issue lies in the fact that only a miniscule population, residing in proximity to
protected areas have benefited economically from tourist activities. 21 This imbalance arises
16
"Ecotourism and Protected Areas," UNITED NATIONS WORLD TOURISM ORGANIZATION, available at:
https://www.unwto.org/sustainable-development/ecotourism-and-protected-areas.
17
D. Ioannides, “Planning for International Tourism in less developed countries: towards sustainability?”,
JOURNAL OF PLANNING LITERATURE 3 (9), 235–254 (1995).
18
K.K. Karanth, R. DeFries, A. Srivathsa, & V. Sankaraman, “Wildlife tourists in India's emerging economy:
potential for a conservation constituency?”, ORYX 46 (2012).
19
H.S. Panwar, “Eco-development: an integrated approach to sustainable development for people and protected
areas in India”, in Proceedings of the SAARC Workshop on Wildlife Management (1996).
20
Cook, S.D., Stewart, E., & Repass, K., “Tourism and the Environment”, TRAVEL INDUSTRY ASSOCIATION OF
AMERICA, (1992).
21
Mehta, J.N., & Kellert, S.R., "Local Attitudes towards Community-Based Conservation Policy and
Programmes in Nepal: A Case Study of the Makalu–Barun Conservation Area," ENVIRONMENTAL

8
due to a lack of awareness, capacity, and resources among local communities to invest and
participate in the tourism industry. Instead, private sector entities, often from outside the
region, swiftly establish lodges and accommodations near natural sites, with minimal
environmental considerations.22 The situation in Keoladeo National Park and Ranthambore
Tiger Reserve exemplifies this phenomenon, where most of the tourist friendly places like
hotels, and other establishments are owned by outsiders, which leads to lesser opportunities
for the local villagers and forest dwellers, leading to violent conflicts on multiple occasions.
This unequal distribution of benefits not only perpetuates socio-economic disparities but also
fuels resentment towards conservation efforts and tourism activities.

To address this issue, it is crucial to actively involve local communities in the planning and
development of wildlife tourism initiatives. By empowering them with the necessary skills,
resources, and decision-making roles, it becomes easier the authorities and management to
garner their support for conservation efforts as well. 23

In essence, addressing the unequal benefits and community conflicts in wildlife tourism
requires a concerted effort to empower local communities, promote their active participation,
and establish equitable benefit-sharing mechanisms. Only then can wildlife tourism truly
fulfill its promise as a sustainable form of development and a catalyst for harmonious
coexistence between people and protected areas.

HUMAN-WILDLIFE CONFLICTS
While direct human-tiger conflicts, particularly man-eating incidents, are relatively rare, the
issue of cattle-lifting by tigers poses a more alarming and widespread challenge. The case
study of the Rajaji-Corbett corridor in the Terai Arc Landscape (TAL) in India highlights the
significant economic losses faced by local communities due to cattle predation by tigers.
With an average loss of $267 per household per year, this conflict has the potential to erode
support for tiger conservation efforts and fuel retaliatory actions against the big cats. 24

The causes of cattle-lifting are multifaceted, ranging from aging or injured tigers unable to
hunt natural prey effectively, to a depleted prey base resulting from factors such as hunting,

CONSERVATION 25(4), (1998).

22
Aldermann, C.L., "The Economics and the Role of Privately Owned Lands Used for Nature Tourism,
Education and Conservation," Paper presented at the Fourth World Congress on National Parks and Protected
Areas, Caracas, Venezuela, (1992).
23
Goodwin, H., "In Pursuit of Ecotourism," BIODIVERSITY CONSERVATION 5(3), 277–292 (1996).
24
Manjari Malviya & Krishna Murthy Ramesh, “Human–felid conflict in corridor habitats: implications for
tiger and leopard conservation in Terai Arc Landscape, India”, HUMAN–WILDLIFE INTERACTIONS 9(1), (2015).

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overgrazing, and other human-induced disturbances. 25 The extent of this issue varies widely
across different tiger reserves, with some areas reporting hundreds of cattle lifted annually.

Alarmingly, retaliatory killings of tigers by villagers in response to cattle-lifting or suspected

man-eating incidents have claimed numerous lives of these majestic animals. A conservative
estimate suggests that at least 50 tigers have been killed by villagers across India since 1994,
with recent revenge killings occurring around Corbett and Dudhwa National Parks.26

Addressing this complex issue requires a multi-pronged approach that addresses the root
causes while simultaneously mitigating the immediate impacts on local communities. Firstly,
efforts must be made to restore and maintain viable prey populations within tiger habitats
through effective habitat management and anti-poaching measures. This would reduce the
dependency of tigers on livestock, thereby minimizing conflicts.

Secondly, timely and adequate compensation mechanisms must be established to alleviate the
economic burden faced by communities affected by cattle predation. The example of Corbett
National Park, where timely compensation payments have significantly reduced retaliatory
killings, highlights the importance of this measure.

Thirdly, community-based conservation initiatives should be promoted, empowering local

communities to actively participate in decision-making processes and benefit-sharing
mechanisms related to tiger conservation. When communities perceive tangible benefits from
conservation efforts, they are more likely to become allies in protecting these majestic
animals. Lastly, targeted awareness campaigns and capacity-building programs should be
implemented to foster a better understanding of human-wildlife conflicts and promote
coexistence between communities and tigers. This can help dispel myths, reduce fear, and
encourage the adoption of preventive measures and conflict mitigation strategies.

HABITAT FRAGMENTATION
Despite India's commendable efforts in tiger conservation through the establishment of tiger
reserves, habitat fragmentation remains a critical challenge that threatens the long-term
viability of tiger populations. While tigers currently occupy around 89,000 km^2 in India,

25
Id.
26
WPSI Poaching Statistics, Wildlife Protection Society of India, available at:
https://www.wpsi-india.org/statistics/ .

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with approximately 65% of the population residing within tiger reserves, 27 many of these
reserves lack the minimum core area required to sustain a demographically viable population.

According to research, a minimum core area of 800–1,000 km^2 is necessary to establish a

source population of 75–100 tigers, which includes at least 20 breeding females. 28
Alarmingly, 42% of tiger reserves in India have core areas that cannot potentially sustain this
minimum number of breeding females, making these populations dependent on habitat
connectivity through corridors to remain viable as part of a larger metapopulation. 29 While
the National Tiger Conservation Authority (NTCA) has mapped and included major habitat
corridors in Tiger Conservation Plans,30 the majority of these corridors lack legal protection
and are subject to further degradation due to unsustainable human activities and development
initiatives. This fragmentation of habitats impedes the mobility of tigers and threatens the
genetic diversity and long-term persistence of these iconic species.31

It is imperative to strengthen legal frameworks and enforcement mechanisms to safeguard

identified habitat corridors from encroachment, deforestation, and unsustainable land-use
practices. Sustainable development practices that minimize the impact on wildlife habitats
must be promoted, particularly in areas surrounding tiger reserves and corridors. This
includes responsible land-use planning, environmental impact assessments, and the adoption
of green infrastructure strategies.

Further, Collaborative efforts involving local communities, government agencies, and

conservation organizations are crucial for the successful implementation of corridor
management plans. By addressing habitat fragmentation through legal protection, sustainable
development practices, and community engagement, India can ensure the long-term viability
of its tiger populations and maintain the ecological integrity of these magnificent creatures'
habitats.

27
Y. Jhala et al., “Recovery of tigers in India: Critical introspection and potential lessons”, PEOPLE NAT. 3
(2021), available at: https://doi.org/10.1002/pan3.10177.
28
S. Bisht, S. Banerjee, Q. Qureshi, & Y. Jhala, “Demography of a high-density tiger population and its
implications for tiger recovery”, JOURNAL OF APPLIED ECOLOGY, 56(7), (2019), available at:
https://doi.org/10.1111/1365-2664.13410.
29
Hanski, I., Moilanen, A., & Gyllenberg, M., “Minimum viable metapopulation size”, THE AMERICAN
NATURALIST 147(4), (1996).
30
Qureshi et al., “Connecting tiger populations for long-term conservation”, NATIONAL TIGER CONSERVATION
AUTHORITY AND WILDLIFE INSTITUTE OF INDIA, (2014).
31
Supra note 27.

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GOVERNANCE CHALLENGES

While Project Tiger has achieved remarkable success in increasing tiger populations and
preserving habitats, inadequate enforcement, governance issues, and lack of resources have
posed significant challenges to its overall effectiveness. Addressing these hurdles requires a
multi-pronged approach that encompasses strong political will, transparency, accountability
measures, and improved coordination among various stakeholders. One innovative solution
that has proven to be instrumental in overcoming governance challenges is the fostering of
local champions – exceptional individuals dedicated to conservation efforts and deeply
integrated into their communities. These "conservation champions" have been vital to the
success of Tiger Reserves.32 The case of the relatively young Pakke Tiger Reserve in western
Arunachal Pradesh serves as a testament to the impact of such local champions. Despite its
nascent stage, Pakke has outperformed the more established Namdapha Tiger Reserve,
largely due to the presence of dedicated individuals who have championed conservation
efforts and rallied community support. These local champions with their deep-rooted
connection to the locality and integration within the community enable them to build trust
and foster a sense of ownership among residents. They can effectively bridge the gap
between conservation authorities and local stakeholders, facilitating dialogue, addressing
concerns, and mitigating potential conflicts. To harness the full potential of local champions,
it is crucial for conservation authorities and policymakers to identify and empower these
individuals. This can be achieved through capacity-building initiatives, providing them with
necessary resources and authority, and fostering a supportive ecosystem that recognizes and
celebrates their contributions. These champions serve as living bridges, connecting
communities, authorities, and conservation goals, ensuring that the majestic tigers and their
habitats are protected for generations to come.

DISPLACEMENT OF INDIGNEOUS COMMUNITIES

One of the other problems that have been faced by the Project Tiger was in relation to the
questions of Environmental Justice. Project tiger has been a staggered initiative, still on
going, where the authority declared different forest areas to be marked as tiger reserves, at

32
G. Post & B. Pandav, “Comparative evaluation of Tiger Reserves in India”, BIODIVERS. CONSERV. 22, (2013).

12
different point of times.33 Though one of the major criticism it has got through many critical
legal studies and critical race theorist is that this has led to a targeted act of violence against
the tribal communities, other marginalized communities and people who have been living
within the forest for years. With the abundance of generational traditional knowledge, many
scholars claim that it is due to these communities’ sustainable practices and efforts that the
tiger population is maintained in the forest for it to be declared as a tiger reserve. 34 Ironically
their years of sustainable practices, instead of being understood and learned from, are
discarded and given no significance. They are displaced from their homes, to impose a
western scientific notion of protection of animals, forests and other species. One such case
study regarding such displacement is the Nagarhole Tiger Reserve in the Indian state of
Karnataka.

CASE STUDY-NAGARHOLE TIGER RESERVE, KARNATAKA

Located near the Kodagu and Mysore District of Karnataka State, Nagarhole was first
declared to be a wildlife sanctuary in the year 1955. A small river, from which the forest gets
its name, passes through the forest, making it extremely rich in biodiversity 35. Later in the
year 2007, it was declared to be an independent “tiger reserve”, as more than 600 sq km was
notified by the government as “Critical Tiger Habitat”. More area was further notified as
buffer zones.

THE DISPLACEMENT
This notification of such vast areas of land as tiger reserve in Nagarhole, has led to massive
displacement of the indigenous community from the forest. Indigenous tribes like the Jenu
Kurubas, the Yeravas, Betta Kurabas, etc. are some tribes residing in these forests, with Jenu
Kurubas, a honey gathering tribe, being the most populous amongst the various communities.
These are honey collecting tribes, which believe that the forests are sacred and so is the
honey they obtain from the forest. Among the multiple tribes present within these forests, the
Jenu Kurubas were considered to be listed as a primitive tribe with the status of “Particularly
Vulnerable Tribe”.36 They have been bearing the brunt of displacement for a long time with

33
Tiger Reserves, National Tiger Conservation Agency, available at: https://ntca.gov.in/tiger-reserves/#tiger-
reserves-2.
34
“Jenu Kuruba”, THE SURVIVAL INTERNATIONAL, available at:
https://www.survivalinternational.org/tribes/jenu-kuruba.
35
MoEFC, NTCA, “Nagarhole Tiger Reserve” Government of India, available at: https://ntca.gov.in/tiger-
reserves/#tiger-reserves-2.
36
Eleanora Fanari, “Difficulty to get Forest Right in Nagarhole National Park”, LAND CONFLICT WATCH,
(August 10, 2017), available at: https://www.landconflictwatch.org/conflicts/tribespeople-struggle-to-get-their-
forest-rights-recognized-in-nagarhole-national-park.

13
colonial policies that displaced them from their village for making of plantations and estates.
In these estates the tribes were engaged as laborers because of their wide knowledge yet also
exploited as laborers. Even after the independence of the country, they were continued to be
displaced for big infrastructural projects like dams, which submerged their lands, making it
uninhabitable. The current form of displacement that they are facing is due to the notification
of the land as tiger habitat within the Wildlife Protection Act, 1972. It has led to massive
displacement of around 3400 families from the forest to become landless laborers.37

Series of incidents of violence has been reported, locals say that many people are killed or
injured which are ways to invoke fear among the communities. There have been incidents
reported where; a person was shot by the police officer because he was trying to defend his
sister from being harassed by them.38 The Forest Right Act came into place because the
government wanted that such forceful eviction stops, and such displacement to be held
voluntarily. The idea was to conserve forests but also keep in mind the importance of
historical claims and rights of the forest dwellers. This is evidently not the case as such
tactics of violence is being adopted to scare people into accepting to move away from the
forest.

RESETTLEMENT
As per the new Forest Rights Act, S. 4(2) holds that any displacement of forest dwellers due
to wildlife conservation must be voluntary with their informed consent. 39 Moreover,
rehabilitation packages must be available, which would allow them to lead a meaningful and
prosperous life, even after being displaced. But as seen in many examples this has not been
the case. It has been often seen that in a reimbursement package of 10 lakh rupees which is
often claimed to be given, people do not get 10 lakh rupees in hand. Out of the 10 lakhs, in
the village of Shethalli, 7 lakh were not given, as it was claimed that it was used to make the
houses, the colonies, the roads nearby for the settlements. The rest of the 3 lakh was also not
given in hand, but a fixed deposit was made, which could be withdrawn in 5 years. 40 A lot of
things were promised through the resettlement package, including land fit for agriculture. In
some cases, where some land was given but it was infertile.

37
Id.
38
Pranab Doley, “Why Indigenous People from across India gathered at Nagarhole”, THE WIRE, (March 22,
2023), available at: https://thewire.in/rights/nagarhole-indigenous-forest-adivasi-rights.
39
Forest Right Act, 2006, §4(2).
40
Supra Note 34.

14
The government authorities through an extremely paternalistic approach have hailed that such
relocation is better for the communities as well, as it will help them assimilate in the
mainstream, get the benefit of education and modern technologies, electricity,
communication, etc.41 This fails to understand that it is not homogenization and assimilation
into the mainstream that these communities want.

There have been many resistances, especially in the area of Nagarhole tiger reserve, where
people have made an effort to abandon the settlements to come back to the forest. A massive
protest was organized in the year 2021, where the Jenu Kuruba community gathered outside
the forest to protest against their eviction and recognition of their rights. There have been
instances where instead of recognition of their rights, these protesters were further harassed
by the forest department and police, through false accusations and criminal charges on them,
so to stop the protest and induce fear. Similar protests have been organized at multiple other
places. Legal recourse is not the most opted for method. 42 It could be because of the distrust
in the system, or lack of knowledge about their legal rights. Yet, there have been some
instances as elaborated.

ENGAGEMENT WITH THE LEGAL SYSTEM

There are webs of legislations intertwined together with different aims, but granting similar
protections. The Wildlife Protection Act, 1972 aimed to conserve the diverse fauna of the
nation, after the amendment, through s. 38(V)(5) 43, recognizes that protection of animal must
go in tandem with dignity and respect for indigenous communities. It provides several
safeguards like there cannot be any displacement unless there is a resettlement plan in place
providing for livelihood and needs of people.44 There needs to be an “informed” consent of
the individuals and also a resolution passed by the Gram Sabha accepting the resettlement
plan. Such displacement is also not the first resort to conservation of the animal species. 45
Only in cases where not making inviolate spaces leads to irreversible damages and there is no
scope of any co-existence, can displacement be seen as an option.46

41
Rajesh Gopal, “Protected Areas and Human Displacement”, WCS INDIA, Working Paper no. 29. (2015).
42
H. Sharland, “50 years of Tiger Reserve in India, brings Tiger Population to 3000, but displaces several
people”, THE CANARY, (April 12, 2023), available at:
https://www.thecanary.co/global/world-analysis/2023/04/12/fifty-years-of-tiger-reserves-in-india-bring-the-
tiger-population-to-over-3000-but-displaces-over-a-hundred-thousand-people/.
43
Wildlife Protection Act, 1972, §38(V)(5)(iv).
44
National Tiger Conservation Authority Guidelines for Voluntary Village Relocation in Notified Core/ Critical
Tiger Habitats of 2011.
45
Wildlife (Protection) Act, 1972, §38(V)(5)(v).
46
Wildlife (Protection) Act, 1972, §38(V)(5)(iii).

15
Similar rights have been provided by the Forest Rights Act in S. 4(2) of the act. This act was
made with the objective to recognize the rights of the forest dwellers living within the forest
for generations along with recognizing of conservation efforts. 47 Another important
legislation is the SC & ST Prevention of Atrocities Act, which in its S. 3 48 also mentions that
it is a punishable offence to dispossess any person belonging to the scheduled caste and
scheduled tribe from their land and also take away their forest rights. Therefore, several
legislations with varying objectives recognize the rights of the forest dwellers, and yet the
case has been that since the Forest Right Act came, the number of displacement is much
higher.49

Ironically, in 1997, when the forest was a National Park, the Karnataka State Government,
tried to lease the land to the make a luxury hotel within the forest, to the Taj Group. This was
done in the name of eco-tourism and bringing in wealth. This was staunchly opposed by the
tribal population, who filed the case with the court, to utilize the legal provisions present at
the time. The court asked the government to revoke the lease as the State government did not
have the right to grant it, and stayed the hotel project. 50 But the situation has not been
similarly for all tribal populations and tiger reserve within the country. Due to their varying
economic and social conditions, not everybody has the means and wherewithal to seek
remedy from the court, leading to massive human rights violation for some groups of society
in the name of either development or conservation.

ENVIRONMENTAL JUSTICE

ENVIRONMENT PROTECTION AS AN ELITE ENTERPRISE WITH COLONIAL VESTIGES

It cannot be denied that the tiger population has seen a spike after the Project and this has in
turn had a positive effect on carbon emissions and climate change 51. Yet what is also
simultaneously true is that India’s Project Tiger reeks of colonialism. The tactics of
47
Forest Right Act, 2006, §4(2).
48
SC and ST Prevention of Atrocities Act, 1989, §3(1)(g).
49
Ishan Kukreti, “Conservation project displaced 18,000 families in 48 years”, DOWN TO EARTH, (October 9,
2020), available at: https://www.downtoearth.org.in/news/wildlife-biodiversity/tigers-and-tribals-conservation-
project-displaced-18-493-families-in-48-yrs.
50
Gateway Resorts Limited, Bangalore vs. Nagarahole Budakattu Hakku Sthapana Samithi,
MANU/KA/0391/1999.
51
N. Jain, “India’s Tiger Reserve have Helped fight Climate Change”, MONGABAY, (July 20, 2023), available
at: https://india.mongabay.com/2023/07/indias-tiger-reserves-have-helped-fight-climate-change/.

16
“civilization” and “development” used by the British is what is being employed here. The
British considered them to be morally and intellectually superior and believed that their way
of doing thing and their objects were superior to everybody else. They never understood the
rich cultures and traditional knowledge of colonies like India, which are extremely diverse. A
similar act is being done by the Government with projects like Project Tiger. People are
removed from the forest because the authorities feel that making “inviolate spaces” is the
only way to conserve the species. This will in turn give a push to indigenous communities
towards “development”, because there way of living is not seen as civilized and cultured. 52 It
cannot be stressed enough that tiger and biodiversity conservations and preservation is
extremely important, though the means employed by the government have wreaked havoc on
so many lives and communities, which have traditionally resided within the forests.

During the period of the colonization, it was the colonizers, who hunted tigers in large
numbers. It was seen as a victory to control the savage beast and a display of power. This led
to massive decline in the number of tiger population. 53 In independent India, therefore efforts
were made to protect the already endangered species like the Royal Bengal Tiger, these
efforts are more often than not considered to be efforts by elite environmentalists. 54 Many
environmental groups and the government have come together to protect the tiger population
in general and specifically from the indigenous communities residing within these forests. It
is these marginalized communities that bear the brunt of such conservation, while the
government and the industrialist make money from the ventures like eco-tourism. 55 The
colonial vestiges of such policy is evidently visible within these policies of “othering” and
“civilizing”.

“ENVIRONMENTALISM OF THE POOR”

Ramchandra Guha, in his article about the “environmentalism of the poor” or the
“environmental justice” draws this distinction between different people aiming for
environmental conservation for varying reasons. He gives the example of the Narmada
Bachao Andolan, where activists like Medha Patkar fought against the massive displacement
caused by the project, or the Chipko Movement, where women came to hug the trees to

52
M. Tatpati, “India’s Tiger Project: Harboring Colonial Hang up”, ICCA, (April 2, 2022), available at:
https://www.iccaconsortium.org/2022/02/04/indias-tiger-project-harbouring-colonial-hang-up/.
53
Supra Note 2.
54
DE Morrison, “Environmentalism and Elitism: conceptual and empirical analysis”, SPRINGER, Volume 10,
(September, 1986).
55
Vandana M, “Rising Tiger Number sand Dwindling Tribal Rights”, PULITZER CENTRE, (November 5, 2019),
available at: https://pulitzercenter.org/stories/india-rising-tiger-numbers-and-dwindling-tribal-rights.

17
prevent deforestation; These were movements to protect the environment with the aim to
protect the basic rights, livelihood, home and dignity of people residing in those
communities.56 Therefore, environment movements that have come up from the grassroots in
the country, have issues of the communities entrenched within it. A similar approach is
essential for Project Tiger as well. It is imperative that we learn from the vast traditional
knowledge present within the community instead of seeing them as a threat to the tiger
population. Protecting the basic rights of the communities and conserving the tiger population
must go in tandem with each other.

The indigenous communities and the forest dwellers are primary stakeholders in such
conservation projects; therefore, the laws must not just be imposed on them, but should be
made in consultation with them, as also proposed by former environment minister Jairam
Ramesh.57

ANTHROPOCENTRIC VIEW OF CONSERVATION

Wildlife conservation in the country is also extremely anthropocentric. A. Damodaran writes
that the Project Tiger was aimed to capture the “aesthetic sensibilities of people towards the
charismatic species”. The protection is often driven by causes like promotion of tourism and
generation of wealth. The argument made by Damodaran is to look at the tiger habitat in
totality, where it is not just this animal which must be protected but the whole habitat. 58

But what this also shows is that environment and wildlife conservation is not being
considered as valuable for its own sake and instead it needs to have any benefit to the human
beings for it to become a worthwhile project. Stone argues that there is a need to conserve the
environment for its own sake.59 Animals must be given that legal standing, which recognizes
there very basic rights to not be killed and to not have their habitat stolen away.

All the laws made in the country to protect the animals are anthropocentric, based on the
necessity of the humans. The Indian Penal Code 60 holds that cruelty to animals is punishable
when for more than Rs. 10 or 50, which shows the monetisation of the life of the animals.
Laws in India do not consider animals to hold personhood; it sees them and nature as a

56
Guha R, “The Environmentalism of the Poor”, VARIETIES OF ENVIRONMENTALISM: ROUTLEDGE, (2013).
57
Ramesh J, “The Hedgehog and the Fox Revisited”, LAWRENCE DANA PINKHAM MEMORIAL LECTURE, (2011).
58
A. Damodaran, “The Project Tiger Crisis in India: Moving Away from the Policy and Economics of
Selectivity”, WHITE HORSE PRESS, Vol. 16, No. 1 (February 2007).
59
Stone, “Should Trees Have Standing- Towards legal Rights for Natural Objects”, SOUTHERN CALIFORNIA
LAW REVIEW, rev. 45, (1972).
60
Indian Penal Code, 1860, §428 and 429.

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commodity for the benefit of the human being. Many people have argued for personhood
status for animals. This must not be confused with similar legal status as that of humans, as
experience of different species vastly differs from each other. 61 The Nonhuman Rights
Project, in the United States have been working on this issue for years, they have made
efforts in both legal and educational sphere. They have filed habeas corpus petitions and have
also made drafts for recognition of personhood for various nonhuman species. 62 A balance
need to be sought between protecting the environment for the inherent values it holds, along
with upholding the rights of the rights of the communities.

COMMUNITY BASED MANAGEMENT

Humans and animals for centuries have lived together. Community based management has
been recognized as a successful way of preserving the environment and the biodiversity.
Wade in his article has given in detail about how community based resource management has
flourished in Southern Indian villages in relation to both stubble and common irrigation. He
writes that at least in the example he has given it has created an equitable way of distributing
resources, because the village council takes the decision regarding these management. 63
61
Vivek Mukherjee, “Human centric Laws Cannot Resolve our Conflict with Other Animals”, THE CITIZEN,
(July 9, 2020), available at: https://www.thecitizen.in/index.php/en/NewsDetail/index/13/19022/.
62
Nonhuman Rights Project, available at: https://www.nonhumanrights.org/.
63
Wade, “Common Property Resource Management in Southern Indian Villages”, NATIONAL ACADEMY PRESS,
(1986).

19
On the other hand, Jodha writes about villages in Rajasthan. The land there is more suitable
for grazing of cattle, but because of government intervention and various land reforms, more
and more land is being devoted to agriculture, leading to declining common property, which
the land is more suitable for.64

As Rutten also explains through his article, community based management works because
different forms of altruism avoid the problem of free-riding. For example, when a smaller
community lives together for centuries, there are evolved cultural practices of conservation,
which are seen as societal norms and hence followed. Everybody knows everybody in the
village, which also makes reciprocal altruism a way to ensure that free-riding, is avoided. So,
even when he recognizes that common resource management by the community might not be
with the aim of environmental protection but for community benefit, it yields results, as
preserving forest is also in the interest of the community.65

A similar process of conservation has also been seen in the cases of indigenous communities
and tiger population in the north-eastern states in India and Myanmar. The Karen Wildlife
Conservation Initiative in Myanmar works with the Karen indigenous community,
acknowledging their traditional knowledge and building on it to conserve the forest and also
in turn uphold the rights of the community. In the state of Nagaland, the communities own
the major portion of the forest. Their practices regarding making of piggeries, as an
alternative source of protein have been adopted by the Wildlife Conservation Society of
India, which has proven to be a success.66 Similarly the Mishmi Community in Arunachal
Pradesh, consider tigers to be their elder brothers as per their customs and harming and
killing a tiger, is a major taboo. Through cultural beliefs like these, the community has made
efforts in protecting the tiger population and also for years, successfully managed it.
Therefore the idea that critical tiger habitat needs to be inviolate spaces for tiger conservation
must be challenged, as there are several communities across the countries, which through
their traditional knowledge are living in tandem with the nature and the animals. 67

64
Jodha, “Decline of Common Property resource in Rajasthan, India”, POPULATION AND DEVELOPMENT
REVIEW, (1986).
65
Rutten, “Closing the Commons: Cooperating for gain or restraint”, HUMAN ECOLOGY, Vol 26. (1998).
66
Story, “Community involvement: Key to Successful Tiger Conservation” IUCN, (August 21, 2019), available
at: https://www.iucn.org/news/species/201908/community-involvement-key-successful-tiger-conservation.
67
Ambika Aiyadurai, “‘Tigers are Our Brothers’: Understanding Human-Nature Relations in the Mishmi Hills,
Northeast India”, CONSERVATION & SOCIETY, Vol. 14, (2016).

20
 CONCLUSION

Tigers are a keystone species; they are also the national animal. All of this has led to them
having a separate status, a more revered one, perhaps. There is no denying that the
conservation of tiger is essential, though several questions have been raised regarding how it
must take place. Project Tiger and also animal protection laws in India generally are very
anthropocentric. They believe in conservation because it leads to betterment of our future and
some improvement in human life. There needs to be a shift in attitude, where such
conservation does not happen for the sake of anything but the forest and the wildlife itself.
Granting of personhood to the animals could be a step forward in this direction.

21
Another biggest issue regarding the Project Tiger is that it has yielded results, but that has
happened at the cost of displacement and immense sufferings for the indigenous community,
which for years had protected the tiger population. The idea of inviolate spaces and this
dominant narrative of a top down approach to forest and wildlife conservation have been
questioned by many as devaluing the traditional knowledge and practices of several
indigenous communities. In the absence of such acknowledgement by the authorities, the
marginalization and exploitation of the communities will continue. There cannot be a singular
way to approach conservation and different methods and practices of the communities, and
the scientific and technical knowledge by the government and non-government bodies, could
provide a more holistic way in approaching the question of conservation. This could help
attain results and also in the way, not wreak havoc on the lives of already marginalized
communities.

22