TAG: GS 3: ECOLOGY AND ENVIRONMENT
THE CONTEXT: The Pobitora Wildlife Sanctuary, located in Assam, is renowned for its significant rhinoceros population, making it a crucial conservation area within the country.
EXPLANATION:
- Established through a notification issued by the State Forest Department in 1998, the sanctuary has served as a vital habitat for various wildlife species.
- The Assam Cabinet made a controversial decision on March 10 to withdraw the nearly 26-year-old notification that established the Pobitora Wildlife Sanctuary.
- The rationale behind this move was the alleged unilateral issuance of the notification by the Forest Department without consultation with relevant stakeholders, including the Revenue department and the Chief Minister.
- The government cited the need to address the rights of marginalized communities residing in villages within the sanctuary area, such as Thengabhanga, Murkata, and Mayong, whose land rights had not been adequately addressed since pre-Independence times.
Supreme Court Intervention:
- The Supreme Court intervened swiftly, freezing the Assam government’s attempt to revoke the sanctuary’s notification.
- The Supreme Court emphasized that the state’s decision to withdraw the notification was erroneous.
- They directed the government to cease any further action regarding the withdrawal of the 1998 notification, asserting the importance of protecting the sanctuary.
Legal Perspective:
- Senior advocate representing the Assam government, defended the withdrawal, arguing that the original notification lacked proper consultation and was thus flawed.
- However, the court, along with amicus curiae advocate deemed the withdrawal as “ex facie illegal.”
- They emphasized that the unilateral nature of the notification did not justify its revocation after more than two decades.
Judicial Scrutiny:
- The Supreme Court questioned the government’s attempt to disown the 1998 notification, highlighting it as an act of the government that should not be reversed arbitrarily.
- The court expressed skepticism regarding the timing of the government’s decision, questioning why the issue of consultation surfaced only after 25 years.
- While staying the withdrawal of the sanctuary’s notification, the court clarified that its order did not hinder the state’s efforts to protect the rights of forest dwellers.
- It instructed the state to file a detailed counter affidavit for the next hearing, indicating a further legal examination of the matter.
Pobitora wildlife sanctuary:
- Pobitora Wildlife Sanctuary is situated in the flood plains of River Brahmaputra in the district of Morigaon in the state of Assam.
- It harbors the highest density of Rhino in the world and the second highest concentration of Rhino in Assam after Kaziranga National Park.
- It is often called ‘Mini Kaziranga’ because of the similar landscape and the sizeable population of the one-horned rhino.
- Leopard, Leopard cat, Fishing cat, Jungle cat, Feral Buffalo, Wild pigs, Chinese pangolins, etc are the fauna of the sanctuary.
- Flora: Its maximum consists of the wet savannah of Arundo donax and Saccharum. The remaining area is covered by water bodies.