REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

I. A. Nos. 1433 and 1477 of 2005

IN  

WRIT PETITION (C) NO. 202 OF 1995

T.N. Godavarman Thirumulpad .. Petitioner   (s)

Versus

Union of India & Others .. Respondent(s)

J U D G M E N T

K.S. Radhakrishnan, J.

Asiatic Wild Buffalo is reported to be the most impressive  

and magnificent animal in the world.  Often it is found in the  

Western and Eastern Ghats of the country.  Learned Amicus Curiae  

has moved this Court seeking a direction to the Union of India  

and the State of Chhattisgarh to prepare a rescue plan to save  

Wild Buffalo, an endangered specie from extinction and to make  

available necessary funds and resources required for the said  

purpose and also for a direction to take immediate steps to  

ensure that interbreeding between the wild and domestic buffalo  

does not take place and the genetic purity of the wild species  

is maintained. Direction was also sought for to prepare a scheme  

in consultation with the villagers for relocation of villagers  

from  the  Udanti  Sanctuary  to  ensure  the  survival  of  the  

endangered wild buffalo.   Direction was also sought for that

all  research  and  monitoring  inputs  including  scientific  

management of the wild buffalo and its habitat be made available  

on long term basis by involving institutes such as the Wildlife  

Institute of India, the Bombay Natural History Society etc.   

2. The  State  of  Chhattisgarh  filed  its  reply  affidavit   on  

30.01.2006 explaining the steps taken to conserve and preserve  

the endangered species which was declared as a State Animal.  

Along with the affidavit, a comprehensive operational Management  

Plan for Udanti Wildlife Sanctuary was also enclosed stating  

that  the  execution  of  the  said  Management  Plan  had  suffered  

setbacks due to acute financial shortage for its implementation.  

Further, it was stated that the funds allotted under Central  

Assistance from the Government of India, Ministry of Environment  

and Forests was not in tune with the budget requirement for  

development  of  the  sanctuary  and  the  conservation  of  the  

endangered species.   A chart showing shortfall in funds for the  

development  of  the  sanctuary  has  also  been  annexed  with  the  

affidavit, so also a table showing the census figures of wild  

buffalos.  The reasons for the decline of the wild buffalos have  

also been explained.  In order to overcome those hurdles, it was  

stated that an MoU was entered into with the Wildlife Trust of  

India  on  21.03.2005  which  included  special  efforts  for  

maintaining the genetic purity of those species and for breeding  

thereof.  Steps taken to relocate the villagers residing within  

the sanctuary area has also been highlighted.  

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3. This  Court  on  08.09.2006  passed  an  order  directing  the  

Central  Empowered  Committee  (CEC)  to  conduct  an  enquiry  and  

submit a report. Affidavit filed by the State was also placed  

before  the  CEC  and   it  had  detailed  discussions  with  the  

officials  of  the  State  of  Chhattisgarh  and  MoEF.   State  of  

Chhattisgarh  constituted  a  task  force  by  its  order  dated  

24.05.2007 for suggesting steps and formulating an action plan  

for the conservation and increasing the number of wild buffalos  

in the State.  Proposal made by the Chief Wildlife Warden to  

replace the domestic buffalos reared by the villagers with cows  

and bullocks it was stated, was also given active consideration.  

CEC after consultation with the MoEF as well as the officials of  

the State Government submitted its report on 10.09.2008.

4. Steps  taken  by  the  State  of  Chhattisgarh  to  preserve  and  

conserve the wild buffalo which was declared as a State Animal  

is far from satisfactory. When the matter came up for final  

hearing, the counsel appearing for the MoEF made available a  

copy  of  the  Centrally  Sponsored  Scheme  of  2009  (CSS)  titled  

“Integrated Development of Wildlife Habitats”.  The Scheme was  

formulated during the Eleventh Five Year Plan.  The Scheme has  

also  incorporated  additional  components  and  activities  for  

implementing the provisions of the Wildlife (Protection) Act,  

1972 [for short the Act], National Wildlife Action Plan (2002-

2016), recommendations of the Tiger Task Force, 2005, and the  

National Forest Commission, 2006 and the necessities felt from  

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time to time for the conservation of wildlife and biodiversity  

in the country.   

5. Before coming into force of the Act, the scheme which was in  

force was “Assistance for the Development of National Parks and  

Sanctuaries”  which  used  to  support  only  National  Parks  and  

Wildlife Sanctuaries.  However, following the amendment to the  

Act, in 2003, two more categories of Protected Areas (PAs) i.e.  

the  Conservation  Reserves and  Community  Reserves have  been  

recognized. Conservation  Reserves, which  are government  land,  

but do not require acquisition of rights, nor the curtailment of  

activities  as  envisaged  in  National  Parks  and  Wildlife  

Sanctuaries are stated to be the most appropriate strategy for  

connecting protected areas, by providing corridors.  Community  

Reserves are entirely based on efforts of the local people on  

privately  owned  lands  which  require  financial  and  technical  

assistance for their future management. The Central Government  

before the Act came into force did not have much control over  

the States and the Union Territories for implementation of its  

various schemes and the Parliament, in order to give effect to  

Article  51A(g),  enacted  the  Act  for  the  protection  of  wild  

animals, birds and plants and  for matters connected therewith,  

with a view to ensure the ecological and environmental security  

of  the  country.   Article  48A  of  the  Constitution  of  India  

imposes  a  duty  on  the  State  to  protect  and  improve  the  

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environment  and  to  safeguard  the  forest  and  wildlife  of  the  

country.

6. Article 51A(g) states that it is the duty of every citizen of  

India to protect and improve the natural environment including  

the wildlife and to have compassion for the living creatures.  

By the 42nd Amendment Act 1976 of the Constitution “Forests” was  

added as Entry 17A in the Concurrent List and the “protection of  

wild animals and birds” was added as Entry 17B.  Consequently,  

both the Central and State Governments/UTs are mandated with the  

responsibility of protection and conservation of wildlife and  

its habitat.   Chapter IV of the Act deals with the “protected  

areas.”   Earlier  headings  ‘Sanctuaries’, ‘National Parks’ and  

‘Closed Areas’, was substituted by the words “protected areas”  

by Act 16 of 2003.   Section 18 of the Act empowers the State  

Government to declare its intention to constitute any area other  

than  an  area  comprised  within  any  reserve  forest  or  the  

territorial waters as a sanctuary if it considers that such area  

is  of  adequate  ecological,  faunal,  floral,  geomorphological,  

natural  or  zoological  significance,  for  the  purpose  of  

protecting,  propagating  or  developing  wildlife  or  its  

environment.  Chapter IV also confers various other powers upon  

the State Government like acquisition, initiation of acquisition  

proceedings, declaration of areas as sanctuary, restriction on  

entry to the sanctuaries etc.  It is unnecessary to refer to  

those provisions for the purpose of the instant case.    

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7. Section 36A of the Act empowers the State Government, after  

consultations with the local communities, declare any area owned  

by the Government, particularly the areas adjacent to National  

Parks and sanctuaries and those areas which link one protected  

area  with  another,  as  a  conservation  reserve for  protecting  

landscapes, seascapes, flora and fauna and their habitat.   The  

Act also empowers the State Government, where the community or  

an  individual  has  volunteered  to  conserve  wildlife  and  its  

habitat, declare any private or community land not comprised  

within a National Park, Sanctuary or a Conservation Reserve, as  

a Community Reserve, for protecting fauna, flora and traditional  

or cultural conservation values and practice.   The management  

of  Community  Reserves  shall  primarily  be  done  by  the  

communities/individuals  themselves.  The  Centrally  Sponsored  

Scheme (CSS), therefore, intended to bring these two categories  

of  PAs  also  under  the  ambit  of  the  Scheme  along  with  the  

existing National Parks and Wildlife Sanctuaries.   

8. The State of Forest Report 2005 states that the forest and  

tree cover in the country is around 23.39%, of which forests  

constitute around 20.64%.  However, the PA network covers only  

4.8% of the geographical area of the country with most of the  

PAs forming part of the forest area.   At present, India has a  

network  of  99  National  Parks,  515  Wildlife  Sanctuaries,  43  

Conservation Reserves and 4 Community Reserves in different bio-

geographic zones.  Protected Areas,  i.e. Conservation  Reserves  

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and  Community  Reserves  have  an  important  role  to  play  in  

maintaining geographical integrity of the Nation.  Fact is that  

many important habitats still exist outside those areas which  

require  special  attention  from  the  point  of  view  of  

conservation.  Habitat of Sandalwood, red sanders, white cedar,  

rhododendrons,  Southern  Tropical  Montane  forests,  grasslands,  

alpine meadows of Himalayan region, corridors connecting PAs and  

crucial  wildlife  habitats,  deserts,  tropical  swamps,  rivers,  

estuaries,  bamboo  and  reed  breaks,  mangroves,  coral  reefs,  

deserts  etc.  are  examples  of  such  habitats  existing  outside  

conventional PAs.  The tenurial status of such habitats ranges  

from  government-controlled  Reserved  Forests  to  Protected  

Forests, revenue forests, interspersed vegetation in plantation  

sector,  revenue  lands,  village  forests,  private  forests,  

religious forests, territorial waters, Community Conserved Areas  

etc.   Such habitats also act as corridors for wildlife between  

PAs thus ensuring connectivity in the landscape.   

Human-wildlife conflict

9. Human-wildlife conflict is fast becoming a critical threat to  

the  survival  of  many  endangered  species,  like  wild  buffalo,  

elephants, tiger, lion etc.  such conflicts affect not only its  

population  but  also  has  broadened  environmental  impacts  on  

ecosystem equilibrium and biodiversity conservation.  Laws are  

man-made,  hence  there  is  likelihood  of  anthropocentric  bias  

towards man, and rights of wild animals often tend to be of  

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secondary  importance  but  in  the  universe  man  and  animal  are  

equally  placed,  but  human  rights  approach  to  environmental  

protection  in  case  of  conflict,  is  often  based  on  

anthropocentricity.   

10. Man-animal  conflict  often  results  not  because  animals  

encroach human territories but vice-versa.  Often, man thinks  

otherwise, because man’s thinking is rooted in anthropocentrism.  

Remember,  we  are  talking  about  the  conflict  between  man  and  

endangered  species,  endangered  not  because  of  natural  causes  

alone but because man failed to preserve and protect them,  the  

attitude was destructive, for pleasure and gain.  Often, it is  

said such conflicts is due human population growth, land use  

transformation,  species  habitat  loss,  degradation  and  

fragmentation,  increase  in  eco-tourism,  access  to  natural  

reserves,  increase  in  livestock  population,  etc.   Proper  

management  practices  have  to  be  accepted,  like  conservation  

education  for  local  population,  resettlement  of  villages,  

curbing grazing by livestock and domestic animals in forest,  

etc.,  including  prey-preservation  for  the  wild  animals.  

Provision  for  availability  of  natural  water,  less  or  no  

disturbance from the tourists has to be assured.  State also has  

to take steps to remove encroachments and, if necessary, can  

also cancel the  patta already granted and initiate acquisition  

proceedings to preserve and protect wildlife and its corridors.  

Areas outside PAs is reported to have the maximum number of man-

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animal conflict, they fall prey to poachers easily, and often  

invite ire of the cultivators when they cause damage to their  

crops.  These issues have to be scientifically managed so as to  

preserve and protect the endangered species, like wild buffalo  

and other species included in Schedule 1 Part 1 of  the Wildlife  

Protection Act, as well as other species which face extinction.

11. Management  plan  for  Udanti  Wildlife  Sanctuary  (2002-

2003,  2011-2012)  published  by  the  Forest  Department  of  

Government of Chattisgarh, paragraph 3.6.2 of the Report reveals  

much more than what meets the eyes which reads as follows:-

“Prior  to  declaration  as  sanctuary  this  area  was  part of East Raipur Division in which rules to regulate  illegal poaching and hunting existed.   

Before  declaration  of  Govt.  forest  it  was  under  control of Bindrawagrah Zameendar.

In those days shooting was allowed after receiving a  fee of Rs.25/- at that time.  Shooting of wild buffalo  was  prohibited  after  Govt.  Notification  no.1905-1517-4  dt.  27.08.1935  but  in  this  zameendari  one  shooting  licence  holder  was  entitled  to  shoot  one  Bison,  one  Barasingha, Tow spotted deer and one Sambhar.  Game rules  of C.P. and Bear Game Act, 1935 and CP & Bear Bird game  1942 were existing in this are during past.

After  end  of  Zameendari  system  when  these  forest  became  Govt.  forest  rules  were  enforced  to  regulate  hunting vide notification no.788-2319 DT.19.8.53.

In these shooting rules of 1953 shooting of wild  Buffalo was allowed after formal permission of Govt. But  shooting of bison was prohibited.  In shooting rules of  1955 different fee was decided for hunting.  Shooting of  Bison, wild buffalo, Barasingha, Tiger, Sambhar, Leopard,  Sloth Bear and Cheetal were allowed.

These  hunting  rules  were  not  very  effective  for  regulation of shooting and hunting and therefore shooting  was stopped by Govt. of M.P. completely vide notification  

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no.  6036-10(2)-71  dt.  Govt.  of  India  in  this  regard  started 11.11.1971.  Effective steps after enforcement of  wildlife protection act 1972.”

12. Paragraph 3.6.3.2 deals with encroachment  and other illegal  

activity, which reads as follows :-

Encroachment and other Illegal activity

In UWLS encroachment for land hunger is not common  practice.  Sometime due to lack of clearcut demarcation  live  or  boundaries,  cases  of  encroachment  have  been  observed.   Therefore,  village  boundary  should  be  development  of  villages  and  for  the  betterment  of  villagers in the revenue villages inside and around the  sanctuary.   These  department  are  revenue,  ICDS,  Veterinary  Health  Services,  Medical  Department,  State  Electricity Board etc., semi Govt. village institutions  like village and Janpad Panchayat are also working for  development activities.   

More development activity causes more interference  in forest and the privacy of wild life.  These ultimately  cause conflict with wildlife.   

Conflict with wildlife to the abnormal behaviour of  wild  animals  like  aggressiveness  of  monkey,  cattle  lifting by carnivore, injury by bears during Mahua season  etc.

Development of people is always welcome but not in  the cost of negative ecological in the ecosystem.

13. Report clearly states that development activities causes more  

interference in forest and also the privacy of wildlife and these  

ultimately  cause  conflict  with  wildlife.  Man-animal  conflict  

often takes place when wild animals cause damage to agricultural  

crop and property, killing of livestock and human beings.  Human  

population  growth,  land  use  transformation,  species  loss  of  

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habitat, eco-tourism, too much access to reserves, increase in  

livestock population bordering the forest, depletion of natural  

prey base etc., often stated to be reasons for such conflict.  

Central Govt. the State Governments, and the Union Territories  

should  evolve  better  preservation  strategies,  in  consultation  

with Wildlife Boards so that such conflicts can be avoided to a  

large extent.  Participation of people who are staying in the  

Community Reserves is also of extreme importance.  The necessity  

of implementing proper management measures for preserving the  

wild buffalo has also been elaborately stated in the Report.

14. Environmental justice could be achieved only if we drift away  

from the principle of anthropocentric to ecocentric.  Many of our  

principles like sustainable development, polluter-pays principle,  

inter-generational  equity  have  their  roots  in  anthropocentric  

principles.  Anthropocentrism is always human interest focussed  

and non-human has only instrumental value to humans.  In other  

words, humans take precedence and human responsibilities to non-

human based benefits to humans.  Ecocentrism is nature centred  

where  humans  are  part  of  nature  and  non-human  has  intrinsic  

value.  In other words, human interest do not take automatic  

precedence  and  humans  have  obligations  to  non-humans  

independently of human interest.  Ecocentrism is therefore life-

centred, nature-centred where nature include both human and non-

humans.  National Wildlife Action Plan 2002-2012 and centrally  

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sponsored scheme (Integrated Development of Wildlife Habitats) is  

centred on the principle of ecocentrism.   

15. The National Wildlife Action Plan (2002-2016) is intended to  

provide adequate protection to wildlife in multiple use areas  

such  as  Government  forests  outside  PAs,  various  Community  

Conserved  Areas  like  sacred  groves,  community  and  panchayat  

forests, identified private forests such as interspersed forests  

in  tea,  coffee  and  cardamom  gardens  and  other  protection  

landscapes, farm lands, wastelands, wetlands, coastal habitats,  

heronries, wintering wetlands of birds, catchment forests, turtle  

nesting sites, pastures for livestock and wild herbivore, deserve  

ecosystems etc.     

Recovery Programmes

16. The  Centrally  Sponsored  Scheme  also  deals  with  Recovery  

programmes for saving critically endangered species and habitats.  

It was noticed that, due to variety of reasons, several species  

and  their  habitats  have  become  critically  endangered.  

Consequently,  the  scheme  intends  to  extend  support  to  such  

recovery programmes for saving critically endangered species and  

their habitat based on the requirement felt from time to time.  

The  objective  of  this  recovery  plan  of  saving  critically  

endangered  species/ecosystems  cannot  be  covered  under  the  

components  of  Conservation  of  PAs  and  protection  of  wildlife  

outside  PAs  as  disjunct  population  across  a  wider  

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landscape/seascape.  Several  programmes  are  proposed  under  the  

recovery plan, of which one is to save the critically endangered  

species of Asian Wild Buffalo and grasslands and riverine forests  

of central and north India.  Several other components were also  

included in the recovery plan such as Dolphin and River Systems,  

Nilgiri Tahr, Asiatic Lion etc.  The scheme envisages that the  

Director,  Wildlife  Preservation,  Government  of  India,  in  

consultation with the Wildlife Institute of India or the relevant  

scientific institute/organization and with the approval of the  

Standing  Committee  of  the  National  Board  for  Wildlife  can  

initiate  other  recovery  programmes  or  wind  up  the  ongoing  

programme.    The  Director,  Wildlife  Preservation,  is  also  

authorised to undertake assessment of the effectiveness of any  

‘recovery programme’ already undertaken or being undertaken.  The  

Integrated Development of Wildlife Habitats scheme specifically  

highlighted the necessity to preserve and conserve the habitat of  

wild buffalo.  The scheme states as follows:

“Wild buffalo is one of the worst affected mammalian  species  in  the  recent  times.   Domestication  of  the  species  and  continuous  interbreeding  with  domestic  buffalo  has  led  to  inbreeding,  genetic  disorders,  competition and mortality due to disease.  Apart from  this, habitat fragmentation, degradation, and poaching  are  the  main  threats  to  the  conservation  of  this  globally  threatened  species.   Urgent  and  concerted  efforts  are  needed  to  recover  this  species  from  the  brink of extinction.”

17. Conservation and Management of Wildlife, as per the Act, is  

primarily  vested  in  the  States  /  UTs  who  are  in  physical  

possession of the area.  It was noticed that many States/UTs  

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have set up various regular wildlife wings within the States/UT  

Forest Departments and implemented a scheme as to be done in  

accordance with a work programme covering the 11th Plan period.  

The Centrally Sponsored Scheme, therefore, envisages that the  

State/UTs  are  required  to  submit  Annual  Plan  of  Operations  

(APOs) to the Central Government detailing the proposed course  

of action, which consists of management planning and capacity  

building,  anti-poaching  and  infrastructure  development,  

restoration of habitats, eco-development and community oriented  

activities etc. so as to qualify for the financial assistance  

under  the  scheme.    The  concerned  State/UTs  have  to  follow  

certain conditions which have been enumerated in the scheme.   

18.The State of Chhattisgarh, in the instant case, has pointed  

out that they could not effectively give effect to some of the  

programmes for preservation and conservation of wild buffalo due  

to lack of funds.  The scheme envisages 100% assistance.   It is  

relevant to extract the Pattern of Funding and the same reads as  

follows:

Pattern of Funding

• Under the Scheme, 100% assistance is provided  for  non-recurring  items  of  expenditure  for  National  Parks,  Wildlife  Sanctuaries,  Conservation Reserves and Community Reserves.

• 50% cost of recurring expenditure is provided  for  National  Parks,  Wildlife  Sanctuaries,  Conservation  Reserves  and  Community  Reserves  where  the  State  Government  provides  for  the  balance 50% as the matching share.

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• National  Parks,  Wildlife  Sanctuaries,  Conservation Reserves and community Reserves in  mountain  regions,  coastal  zones,  deserts,  or  those  areas  which  support  highly  endangered  species i.e. Snow Leopard, Red Panda, Rhino,  Sangai Deer, Phayre’s leaf monkey, Musk Deer,  Hangul,  Great  Indian  Bustard,  Great  Indian  Hornbill, Siberian Crane, Chinkara, Chowsingha,  Black Buck, Marine Turtles, Nilgiri Tahr, Lion  Tailed Macaque, Bustards, Floricans, Pelicans,  Gyps  Vultures,  Wild  Ass,  Grizzled  Giant  Squirrel,  Clouded  Leopard,  Wild  Buffalo,  Hoolock Gibbon and Lion are eligible for 100%  central assistance for both recurring and non- recurring items of expenditure.

• In  the  case  National  Parks,  Wildlife  Sanctuaries,  Conservation  Reservation  and  Community  Reserves  falling  in  the  high  mountainous, snow clad regions (where working  season  is  limited  to  a  few  months)  in  the  States of Jammu and Kashmir, Himachal Pradesh,  Uttarakhand and Sikkim, the central assistance  shall be given in one instalment.  For other  States,  the  approved  allocation  shall  be  released in two instalments (80 per cent as 1st  

instalment and balance as 2nd instalment.)

• Similarly,  subject  to  site-specific  adjustments,  as  a  guiding  principle,  a  40:40:20: proportion of financial sharing shall  be ensured between Centre, State as owners of  the privately held land, when such areas are  involved in the case of Community Reserves.

19. State of Chattisgarh has maintained the stand that they do  

not have sufficient funds to undertake various programmes for  

protection  of  wild  buffalo  within  the  national  parks,  

sanctuaries  and  also  at  conservation  reserves  and  community  

reserves.  This stand cannot be countenanced now, especially  

after the introduction of the Scheme.      

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20. Wild buffalo has been included as Item No. 41, Part I of   

Schedule I of the Act.  Once it is included in Schedule I, the  

State Board for Wildlife has to advise the State Government in  

the selection and management of the areas to be declared as  

protected areas, in the formulation of policy for protection and  

conservation of the wildlife etc., as per Section 8 of the Act.  

Section 9 of the Act states that no person shall hunt any wild  

animal specified in Schedule I to IV, except as provided under  

Sections 11 and 12.  

21. The International Union for Conservation of Nature (IUCN) has  

calculated the percentage of endangered species as 40% of all  

organisms.   IUCN Red List refers to specific categories of  

endangered species and includes critically endangered species.  

IUCN Red List of Threatened Species uses the term endangered  

species as a specific category of imperilment, rather than as a  

general  term.   Under  the  IUCN  Categories  and  Criteria,  

endangered  species  is  between  critically  endangered  and  

vulnerable.   Wild water buffalo is included in the category of  

endangered species.   Apart from the human-animal conflict, the  

most important threat to wild buffalo is inbreeding with feral  

and  domestic  buffalo,  habitat  loss/degradation  and  hunting.  

Diseases and parasites (transmitted by domestic livestock) and  

competition for food and water between wild buffalo and domestic  

stock are also serious threats.  Habitat loss is also a major  

concern for species endangerment.   When wild buffalos’ eco-

16

system is not maintained, they lose their home and either forced  

to adopt new surroundings or human habitat.  Eminent ecologists  

have  proposed  biological  corridors,  biosphere  reserves,  

ecosystem management and eco-regional planning as approaches to  

integrate  biodiversity  conservation  and  socio-economic  

development at increasingly larger spatial scales.    

22. We have seen the subjects ‘forest’ and ‘protection of animals  

and birds’ are in the concurrent list of the Constitution and it  

is the fundamental duty of every citizen of India under Article  

51A(g) of the Constitution to protect and improve the natural  

environment including forests, lakes, rivers and wildlife.  It  

is to achieve the above objective and also to give effect to the  

purpose of the object of the Act that the Central Government has  

sponsored “the Integrated Development of Wildlife Habitats”.  As  

per the Scheme and the Act, the State Government is empowered to  

notify  conservation  reserves  and  community  reserves  for  

protecting the landscape, seascapes, flora and fauna and their  

habitat.  The Act also empowers the State Government to declare  

any private and community land not comprised within the national  

parks,  sanctuaries  or  conservation  reserves  or  community  

reserves for protecting fauna, flora and traditional or cultural  

conservation values and practice.   

23. We are, therefore, inclined to dispose of this application  

with the direction to the State of Chhattisgarh to give effect  

fully  the  Centrally  Sponsored  Scheme  –  “the  Integrated  

17

Development of Wildlife Habitats”, so as to save wild buffalo  

from extinction.   The State also would take immediate steps to  

ensure  that  interbreeding  between  wild  and  domestic  buffalos  

does not take place and genetic purity of the wild species is  

maintained.   The State is also directed to take immediate steps  

to undertake intensive research and monitor the wild buffalo  

population in Udanti Wildlife Sanctuary and other areas, where  

the wild buffalo may still be found, including preparing them  

their genetic profile for future reference.   The State is also  

directed to take appropriate steps to initiate wildlife training  

programmes for the officials of the State Forest Department,  

especially  for  managing  the  above  sanctuary  and  other  areas  

where the wild buffalos are found.  The State is also directed  

to submit Annual Plan of Operations to the Central Government  

detailing the proposed course of action, if not already done, as  

per the “Integrated Development of Wildlife Habitats” scheme,  

within a period of three months from today.  All effective steps  

should be taken by the State to protect the Asian wild buffalo  

(Bubalus bubalis), which is declared as a State animal by the  

State of Chattisgarh.

24. The applications are disposed of as above.        

……...………………………..J.         (K.S. Radhakrishnan)

…………....…………………..J.

18

(Chandramauli Kr. Prasad) New Delhi, February 13, 2012

19

REPORTABLE

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION

I. A. Nos. 1287, 1570-1571, 1624-1625,  1978, 2395, 2795-2796  

IN WRIT PETITION (C) NO. 202 OF 1995

With I.A. Nos. 2470-2471, 2472-2473, 2474-2475, 2476-2477, 2966-2967, in I.A.  

No.1287 in W.P.(C) 202 OF 1995

T.N. Godavarman Thirumulpad        .. Petitioner(s)

Versus

Union of India & Others    .. Respondent(s)

J U D G M E N T  

K.S. Radhakrishnan, J.

We are in  this  case concerned with the question whether  sandalwood  

(Santalum album Linn)  stated to be  an endangered species, be declared as a  

“specified plant” within the meaning of Section 2(27), and be included in the  

Schedule VI of The Wild Life (Protection) Act,  1972 (for short the Act).   On  

going through the various international conventions, we thought it appropriate to  

examine the repeated requests made by the State of Andhra Pradesh to the  

Central Govt.  to notify Red Sanders (Pterocarpus santalinus) as a ‘specified  

plant’ and be included in the Schedule VI of the Act.

20

2. A  non-governmental  organisation  moved  the  Central  Empowered  

Committee (CEC) to initiate steps for closure of all unlicensed sandalwood oil   

industries, particularly in the State of Kerala.  CEC after conducting a detailed  

enquiry  and  hearing  the  state  officials,  representatives  of  the  sandalwood  

industries and various other interested persons, submitted its report dated 24 th  

February  2005 before  this  Court  praying  that  all  unlicensed sandalwood oil  

industries  be  also  brought  within  the  purview  of  this  Court’s  order  dated  

30.12.2002 by which this Court had ordered the closure of all unlicensed saw  

mills, veneer and plywood industries in the country.  Various other directions  

were also sought for.   Report of the CEC was listed along with IA 1287 of 1995  

which came up for hearing on 1.4.2005 and  this Court issued notices to the  

States of Kerala, Karnataka, Tamil Nadu, Andhra Pradesh, which are the major  

sandalwood growing states of the country.   This Court then passed an order on  

10.2.2006  directing  closure  of  all  the  unlicensed  sandalwood  oil  extracting  

factories,  operating  in  various  parts  of  the  country.   Consequently,  24  

unlicensed sandalwood oil  factories  functioning  in  the  State  of  Kerala  were  

closed down.   

3. The State  of  Kerala  and few other  states submitted their  reply  to  the  

reports submitted by the CEC and pointed out that no private sandalwood oil  

extracting units are now functioning in most of the sandalwood growing states  

but only the state owned public sector undertakings.  The Karnataka Soaps and  

21

Detergent  Ltd.,  a  Karnataka  State  owned  undertaking  also  submitted  their  

views.  MoEF also filed a detailed affidavit before this Court stating that they  

have no objection in the closure of all unlicensed sandalwood oil manufacturing  

factories in the country.   

4. Indian  Sandalwood  Association  got  themselves  impleaded  and  filed  

objections to the CEC Report. CEC later submitted three other reports dated  

8.1.2008,  2.9.2009,  15.11.2010.  CEC in  the reports  took the stand that  the  

sandalwood  oil  industries  could  be  permitted  to  function  outside  the  

sandalwood growing states and that import of sandalwood as such should not  

be banned.   The Additional Principal Chief Conservator of Forests, Karnataka  

also submitted before the CEC that there are no matured sandalwood trees  

available in the State of Karnataka and the State has not approved any felling  

of sandalwood trees due to non-availability.  State of Tamil Nadu also stated  

before the CEC that no felling of sandalwood tree was officially undertaken due  

to want of matured trees.  State of Maharashtra and Andhra Pradesh have also  

filed affidavits stating that whatever little sandalwood growth was there in those  

states needs to be protected and that sandalwood species is under imminent  

threat.  MoEF in its affidavit dated 24th October, 2010 has stated as follows:

“The Ministry supports the contention that all illegal sandalwood  oil units should be closed down.  As far as closing of sandalwood  units  in  non-sandalwood  growing  States  is  concerned  the  Ministry  has  “No  Objection”  in  allowing  the  legal  private  entrepreneur  from  setting  up  sandalwood  oil  units  in  non- sandalwood producing States provided that only legally sourced  sandalwood for which Certificate of Origin has been obtained, is  

22

used and the regulatory enforcement mechanisms, set up by the  State  for  detection,  control  and action  against  proceedings of  illegal units are well in place.”

The CEC, however, in its report dated 2.9.2009 maintained the following  

stand:

“In the light of the facts highlighted above the CEC is unable to  agree with the contention of the Applicants that they should be  permitted to establish /continue the sandalwood oil units in non- sandalwood producing States under appropriate supervision and  regulations and that the imported sandalwood is a substitute for  Indian sandalwood.  The CEC is of the considered view that if  the present state of affairs is allowed to continue, sandalwood,  so unique and a special  gift  of  nature to India would become  extinct  in  the  not  too  distant  future.   The  protection  of  sandalwood forest is simply not possible without first  ensuring  that the establishment / functioning of sandalwood oil units are  severely restricted /  regulated in the country particularly when  the sandalwood has become an almost extinct commodity.  One  is duty bound to protect in public interest whatever sandalwood  forests are left.  This is one instance where the public interest  necessarily  and  unhesitatingly  has  to  take  precedence  over  private  interest.   However,  sandalwood  oil  units,  based  exclusively  on  imported  sandalwood  may  be  permitted  in  identified locations subject to strict supervision and regulations  by the Forest Department.  

5. MoEF however in its affidavit dated 24.3.2011 stated that in the light of  

the non-availability of sandalwood, it would review its policy about permitting  

the  export  of  sandalwood  chips  and  oil,  particularly,  with  reference  to  its  

adverse effect on the production of sandalwood in the country and also would  

examine  the  imposition  of   complete  ban  on  sale/auction  of  confiscated  

sandalwood in view of the alarming rate at which sandalwood is disappearing  

and may become extinct in not too distant future.   

23

6. MoEF  however  in  its  latest  affidavit  dated  6.9.2011  expressed  the  

apprehension that the inclusion of the sandalwood species in Schedule VI in  

the  Wild  Life  Protection  Act,  1972  would  alienate  people  from growing  the  

species  on  a  large  scale  and  hence  it  is  of  the  view  that  an  “All  India  

Sandalwood Legislation” would be an adequate solution, in the event of which it  

was stated the species would be fully protected within the country and at the  

same time trade could also be regulated.  Ministry has also expressed the view  

that sandalwood may be allotted to public sector units and that would ensure  

that the artisans dealing with sandalwood would get raw materials which would  

give them a greater impetus for taking up their traditional work/skills and also  

give them an economic boost as well as earn foreign revenue as sandalwood  

handicrafts have high demand for export.     

7. The  Sandalwood  Oil  Manufacturers  Association  expressed  the  

apprehension that the inclusion of the sandalwood as a specified plant under  

the  Act  would  not  be  conducive  and  beneficial  for  the  cultivation  and  

preservation of the trees.  Reference was also made to the various provisions  

of Chapter IIIA of the Act and stated that the members of the Association who  

have cultivation of sandalwood in the State of Chhattisgarh, Madhya Pradesh  

and involved in the business of manufacturing products using sandalwood oil if  

covered  by  Section  17A(b)  would  be  put  to  considerable  difficulties.   The  

Association also maintained the stand that  if  Chapter IIIA of  the Act  is fully  

24

implemented by declaring the sandalwood as a specified plant then it  would  

adversely affect the interest of the cultivators of sandalwood and would lead to  

further extinction of the species.

8. We have heard the learned amicus curiae, Mr. P.S. Narasimha, Senior  

Counsel Mr. Rajiv Dutta, and other counsels at length.  Learned amicus curiae  

referred to the affidavits filed by the MoEF and other state governments and  

submitted that there is consensus among all major sandalwood growing states  

and the Union of India that the export of sandalwood would be of serious threat  

and  may  lead  to  the  extinction  of  the  species.   Few  of  the  states  have  

maintained the stand that no matured sandalwood trees are available for felling  

which, according to the amicus curiae leads to the inescapable conclusion that  

Indian sandalwood is in fact endangered.  Learned senior counsel highlighted  

the necessity of  the inclusion of  sandalwood in Schedule VI  of  the Act  and  

submitted  that  the  apprehension  expressed  by  the  MoEF  that  it  would  

discourage the cultivation of sandalwood has no basis.  Learned senior counsel  

extensively referred to the provisions of Chapter IIIA of Act and the provisions  

of  Bio Diversity Act,  and submitted that  when we deal  with the issue of  an  

endangered species, the question to be examined is not whether the species is  

of  any instrumental  value to human beings,  but  its intrinsic worth.   Learned  

senior  counsel  extensively  referred  to  the  anthropocentric  and  ecocentric  

approach and submitted that anthropocentric approach would depend upon the  

instrumental  value of  life  forms to human beings while  ecocentric  approach  

25

stresses on the intrinsic value of all life forms.  Learned senior counsel stressed  

that the bio-diversity law departs from the traditional anthropocentric character  

of environmental law and that our Constitution recognises ecocentric approach  

by obliging every citizen to have compassion for all living creatures, so also the  

preamble to Act.   Learned counsel  also submitted that  public  trust  doctrine  

developed in M.C. Mehta v. Kamalnath 1997 (1) SCC 388 is based largely on  

anthropocentric  principles  and  the  precautionary  and  polluter-pay  principle  

affirmed by this Court in  Vellore Citizens Welfare Forum v.  Union of India  

and others 1996 (5)  SCC 647 are  also rooted in  anthropocentric  principle,  

since they too depend on harm to humans as a pre-requisite for invocation of  

those principles.   

9. Learned  senior  counsel  also  highlighted  the  principle  of  sustainable  

development and inter-generational equity and stated that they too pre-suppose  

the higher needs of human beings and lays down that exploitation of natural  

resources  must  be  equitably  distributed  between  the  present  and  future  

generation.  Learned senior counsel also highlighted that the above principle  

would be of no assistance when a Court is called upon to decide as to when a  

species  has  become endangered,  or  the  need  to  protect  irrespective  of  its  

instrumental  value.   Learned  senior  counsel  pointed  out  the  CEC  and  the  

States of Tamil Nadu and Kerala have produced enough materials to show that  

the sandalwood trees are critically endangered and that illegal felling and trade  

go on  unabated and regulation on cultivation and use of sandalwood would  

26

definitely be in public interest and therefore constitutional.  Further it was also  

pointed out that Chapter IIIA altogether does not prohibit or abolish either the  

cultivation, possession or dealing in specified plants, but it merely regulates the  

cultivation and use of specified plants though a licensing system of the Chief  

Wildlife Warden.  He therefore urged that this Court must interpret Chapter IIIA  

along with the constitutional provisions and international obligations in a holistic  

manner  to  ensure  that  the  Central  Government  is  duty  bound  to  protect  

sandalwood by including the same in Schedule VI of the Act.   

10. Learned  senior  counsel,  Shri  Rajiv  Dutta  also  offered  his  

suggestion/comments on the question of notifying sandalwood as a specified  

plant under Schedule VI of the Act.  The apprehension voiced by learned senior  

counsel  was that  on such inclusion there would  be blanket  restrictions and  

conditions  covering  big  and  small  private  cultivators,  to  farmers,  to  menial  

vendors and hawkers who possess sandalwood and/or any part of and/or any  

derivative of  sandalwood in any product that  uses a part  of  or  derivative of  

sandalwood.  Learned senior counsel  also pointed that they have no objection  

in the prohibition of picking and uprooting  sandalwood tree from forest area or  

any area specified by notification by the Central Government but they are more  

concerned with the applicability of Section 17A(b).  Further it was pointed that  

once it  is  notified as a specified plant,  Section 17B would be attracted that  

would  only  discourage  the  trade  leading  to  the  stoppage  of  many  of  the  

sandalwood oil industries in the country.  Learned senior counsel also referred  

27

to Sections 17C, 17D, 17E, 17F and other relevant provisions and highlighted  

the  difficulties  that  they  would  experience  if  sandalwood  is  declared  as  a  

specified plant.   Learned senior  counsel also pointed out  that  they have no  

objection in imposing proper regulation in the trade of sandalwood and all India  

legislation is a better option.

11. We have heard the arguments of learned senior counsel appearing on  

either  sides  and  perused  the  affidavits  filed  by  various  state  governments,  

MoEF and the reports of the CEC and other relevant materials.  Sandalwood is  

an evergreen tree which  generally grows in the dry, deciduous forests of the  

Deccan Plateau.  Sandalwood is also mentioned in one of the oldest epics, the  

Ramayana.  Descriptions are also made by Kalidasa of its use in his literary  

works as well.  In short, it is part of Indian culture and heritage and its fragrance  

has spread not only in India but also abroad and its rich oil content led to its   

large scale exploitation as well.  Exploitation of this rare endangered species  

went  on  unabatedly,  especially  in  the  southern  states  of  India  and  on  

intervention of this Court, the State of Kerala has closed down 24 unlicensed  

sandalwood oil factories.  Similar steps were being taken by other states as  

well.  Before we refer to various contentions raised by counsel on either sides,  

we will refer to some of the legislative measures taken by some of the states,  

which are as under:

State of Kerala:

28

12. In State of Kerala best quality sandalwood trees are grown in the forest  

of  Marayoor,  spread  over  93  Sq.Km  which  generate  the  best  quality  

sandalwood oil  in the world.  Recently,  the Kerala Forest (Amendment) Act,  

2010  introduced  a  new chapter,  Chapter  6A  entitled  “Provisions  relating  to  

sandalwood” which regulates cutting and possession of sandalwood.  Section  

47A provides that no individual shall cut, uproot, remove or sell any sandalwood  

tree without previous permission in writing from the forest officer.  There is also  

absolute prohibition on transport and possession of sandalwood or sandalwood  

oil in excess of one Kilogram or 100 ml respectively without a license from the  

forest officer under Section 47C of the Act.   Under Section 47C(3) only the  

government or the public sector undertakings (PSU) owned by the government  

shall manufacture or distil, refine or sell sandalwood oil.  Section 47F imposes  

restrictions on purchase and sale of sandalwood from any person other than  

government  or  authorised  officer.   Provision  is  also  there  for  seizure  of  

sandalwood and its  oil  under  Section 47H and penalty  for  offences can be  

imposed.  Act also provides for imprisonment for three years, extendable upto  

seven years and fine not less than Rs.10,000/- extendable upto Rs.25,000/-.  

State of Tamil Nadu

13. Tamil Nadu Forest Act, 1882 --  Section 40G of the Act provides that  

teak,  blackwood, ebony,  sandalwood and also ivory and teeth of  elephants,  

either grown or found on government land or private property are royalties  and  

29

no trade shall be carried on in them unless they have been duly obtained from  

the government.  Section 40G(2) places restrictions on felling of trees by any  

person without the permission of the Chief Conservator of Forest or any other  

person authorised by him.  The state of Tamil Nadu has also enacted the Tamil  

Nadu Sandalwood Possession Rules, 1970 and also Tamil Nadu Sandalwood  

Transit  Rules,  1967,  and  the  Act  also  provides  for  imposing  penalties  and  

imprisonment.

State of Karnataka

14. Karnataka  Forest  Act,  1963  and  the  Rules  made  thereunder  have  

removed the restrictions on growing sandalwood trees in private lands.  Section  

83 of the Act provides that where a person is an owner of sandalwood trees  

before the commencement of 2001 Amendment Act,  he shall  not fell  or sell   

such sandalwood tree or convert or dress sandalwood obtained from such tree  

or possess or store or transport or sell the sandalwood except in accordance  

with the provisions of the Act.  The Act also provides for imposition of penalty  

and imprisonment.

State of Andhra Pradesh

15. A.P. Forest Act, 1967, A.P. Sandalwood Possession Rules, 1969, A.P.  

Sandalwood and Red Sanderswood Transit Rules, 1969 generally deal with the  

possession, control and transit of sandalwood and Red Sanders etc., but there  

30

is  no restriction as  such on  the felling  of  sandalwood trees.   The  Act  also  

provides for punishment for contravention of the provisions of the Act or the  

rules made thereunder.

16. State of Maharashtra has also enacted the Felling of Trees (Regulation)  

Act,  1964, The Bombay Forest Rules 1942, which deal with sandalwood as  

well.  State of Madhya Pradesh has also enacted Madhya Pradesh Revenue  

Code.  States like Gujarat, Orissa have framed special provisions for dealing  

with sandalwood. It is unnecessary to refer to the laws made by the various  

states in the country, suffice to say lack of uniform legislation, dealing with this  

endangered species, is clearly felt.   

17. Article  48A  of  the  Constitution  introduced  by  the  Constitution  (42nd  

Amendment)  Act  1976 states that  the State  shall  endeavour  to  protect  and  

improve the environment and safeguard the forest and wild life of the country.  

Article 51A(g) states that it shall be the duty of every citizen of India to protect  

and improve the natural environment including forests, lakes, rivers and wildlife  

and  to  have  compassion  for  living  creatures.   By  the  same  constitutional  

amendment Entry 17A "forest" and 17B "protection of wild animals and birds"  

were included in List III – Concurrent List so that the Parliament as well as the  

States can enact laws to give effect to the Directive Principles of State Policy as  

well as various international obligations.  Earlier, by virtue of Entry 20 of the  

State List VII Schedule to the Constitution, namely protection of wild animals  

31

and birds, only the State had the power to legislate and Parliament had no  

power to make law in this regard applicable to the State unless the legislatures  

of two or more states passed a resolution in pursuance of Article 252 of the  

Constitution empowering the Parliament to pass necessary legislations on the  

subject.  However, by virtue of (42nd Amendment) Act 1976 of the Constitution,  

the  Parliament  has  got  the  power  to  legislate  for  the  whole  country.  

Consequently,  The  Wildlife  (Protection  Act)  1972  was  enacted  by  the  

Parliament to provide for the protection to wild animals, birds and plants and for  

matters connected therewith or  ancillary or  incidental  thereto with a view to  

ensure the ecological and environmental security of the country.  The Act was  

later  amended  and  Chapter-IIIA  was  inserted  by  Act  44  of  1991  enacting  

provisions for the protection of "specified plants".   

18. Biological Diversity Act, 2002 was also enacted by the Parliament with the  

object of conserving biological diversity, sustainable use of its components and  

for fair and equitable sharing of the benefits arising out of utilization of genetic  

resources.  Biological diversity includes all the organisms found on our planet  

viz., the plants, animals and micro organisms.  Environmental Protection Act,  

1986  enacted  by  the  Parliament  empowers  the  Central  Government  under  

Section 3 to take such measures for the purpose of protecting and improving  

the quality of environment.  When we examine all those legislations in the light  

of  the  constitutional  provisions  and  various  international  conventions  like  

Convention on International Trade in Endangered Species of Wild Fauna and  

32

Flora  1973  (CITES),  the  Convention  of  Biological  Diversity  1992  (CBD)  

evidently, there is a shift from environmental rights to ecological rights, though  

gradual but substantial.  Earlier, the Rio Declaration on Earth Summit asserted  

the  claim  "human beings  are  the  centre  of  concern".   U.N.  Conference  on  

Environment  and  Development  (UNCED-1992),  was  also  based  on  

anthropocentric  ethics,  same  was  the  situation  in  respect  of  many  such  

international conventions, that followed.   

19. The public trust doctrine developed in M.C. Mehta vs.  Kamalnath (1997)  

1 SCC 388, is also meant to ensure that all humans have equitable access to  

natural resources treating all natural resources as property and not life.  That  

principle also has its roots in anthropocentric principle.  Precautionary principle  

and polluter-pays principles affirmed by our Court in Vellore Citizens Welfare  

Forum  vs.  Union  of  India  and  Others (supra)  are  also  based  on  

anthropocentric principle since they also depend on harm to humans as a pre-

requisite  for  invoking  those  principles.   The  principle  of  sustainable  

development and inter-generational equity too pre-supposes the higher needs  

of  humans  and  lays  down  that  exploitation  of  natural  resources  must  be  

equitably  distributed  between  the  present  and  future  generations.  

Environmental  ethics  behind  those  principles  were  human  need  and  

exploitation, but such principles have no role to play when we are called upon  

to decide the fate of an endangered species or the need to protect the same  

irrespective of its instrumental value.  

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20. Anthropocentrism considers humans to be the most important factor and  

value in the universe and states that humans have greater intrinsic value than  

other species.  Resultantly, any species that are of potential use to humans can  

be a reserve to be exploited which leads to the point of extinction of biological   

reserves.   Further,  that  principle  highlights  human  obligations  towards  

environment  arising  out  of  instrumental,  educational,  scientific,  cultural,  

recreational and aesthetic values that forests has to offer to humans.  Under  

this approach, environment is only protected as a consequence of and to the  

extent  needed to  protect  human well  being.   On the other  hand ecocentric  

approach to environment stress the moral imperatives to respect intrinsic value,  

inter  dependence and integrity of  all  forms of  life.  Ecocentrism supports the  

protection of all life forms, not just those which are of value to humans or their   

needs and underlines the fact that humans are just one among the various life  

forms  on  earth.   (See  Environmental  Ethics,  Stanford  Encyclopaedia  of  

Philosophy 2002; Revised 2008.) The same book also gives a clear distinction  

between instrumental value and intrinsic value which reads as follows:-

"In  the  literature  on  environmental  ethics  the  distinction  between  instrumental  value  and  intrinsic  value  (meaning  "non- instrumental  value")  has  been  of  considerable  importance.   The  former is the value of things as means to further some other ends;  they are also useful as means to other ends.  For instance, certain  fruits  have  instrumental  value  for  bats  who feed  on  them,  since  feeding on the fruits is a means to survival for the bats.  However, it  is not widely agreed that fruits have value as ends in themselves.  We can likewise think of a person who teaches others as having  instrumental value for those who want to acquire knowledge.  Yet, in  addition to any such value, it is normally said that a person, as a  

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person,  has  intrinsic  value,  i.e.,  value  in  his  or  her  own  right  independently  for  his  or  her  prospects  for  serving  the  ends  of  others.   For  another  example,  a  certain  wild  plant  may  have  instrumental  value  because  it  provides  the  ingredients  for  some  medicine or as an aesthetic object for human observers.  But if the  plant also has some value in itself independently of its prospects for  furthering some other ends such as human health or the pleasure  from aesthetic experience, then the plant also has intrinsic value.  Because the intrinsically valuable is that which is good as an end in  itself, it commonly agreed that something's possession of intrinsic  value generates a prima facie direct moral duty on the part of morel  agents to protect it or at least refrain from damaging it.”

Above principle had its roots in India, much before it  was thought of in the  

Western world.  Isha-Upanishads (as early as 1500 – 600 B.C) taught us the  

following truth:-

"The universe along with its  creatures belongs to the Lord.   No  creature is superior  to any other.  Human beings should not  be  above nature.  Let no one species encroach over the rights and  privileges of other species."

21. Father  of  the  Nation  Mahatma  Gandhi  has  also  taught  us  the  same  

principle and all those concepts find their place in Article 51A(g) as well.  The  

intrinsic value of the environment as we have already indicated also finds a  

place in various international conventions like, Convention for Conservation of  

Antarctic  Living  Resources  1980,  The  Protocol  to  Antarctic  Treaty  on  

Environmental  Protection  1998,  The  Bern  Convention  on  Conservation  of  

European Wildlife and Natural Habitats 1982, CITES, and CBD etc.

CBD in its preamble states as follows:-

"The Contracting Parties,

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Conscious of the intrinsic value of biological and of the ecological,  genetic,  social,  economic,  scientific,  educational,  cultural,  recreational  and  aesthetic  values  of  biological  diversity  and  its  components.

Conscious  also  of  the  importance  of  biological  diversity  for  evolution  and  for  maintaining  life  sustaining  systems  of  the  biosphere.

Affirming that the conservation of biological diversity is a common  concern of humankind."

India is a signatory to CBD, which also mandates the contracting parties to  

develop  and  maintain  necessary  legislation  for  protection  and  regulation  of  

threatened species and also regulate trade therein.  CITES in its preamble also  

indicates that Fauna and Flora are irreplaceable part of the natural environment  

of  the  earth  and  international  cooperation  is  essential  for  the  protection  of  

certain species against over exploitation and international trade.   

22. CITES,  to  which  India  is  a  signatory,  classifies  species  into  different  

appendices in the order of their endangerment, and prescribes different modes  

of regulation in that regard.   

23. Parties  to  the  CITES  are  also  entitled  to  take  (a)  stricter  domestic  

measures  regarding  conditions  of  trade,  taking  possession  or  transport  of  

specimens  of  species  included  in  Appendix-I,  II  and  III,  or  the  complete  

prohibition thereof  or;  (b)  domestic  measures restricting or  prohibiting trade,  

taking possession or transport of species not included in Appendix I, II or III. As  

indicated earlier species listed in Appendix – II shall include all species which  

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although not necessarily now threatened with extinction may become so unless  

trade in specimens of such species is subject to strict regulation in order to  

avoid utilization incompatible with their survival and other species which must  

be subject  to  regulation in  order  that  trade in  specimens of  certain species  

referred to earlier may be brought under effective control.   

CITES and CBD highlight the following principles:-

• The  State  is  bound  to  initiate  measures  to  identify  threatened species.

• The State is  obliged to initiate measures to conserve  and protect such threatened species.

• The  State  is  also  required  to  formulate  policies,  legislation and appropriate laws to curb those practices  (including trade) that result in extinction of species.   

• The State is obliged to undertake in-situ conservation of  biological diversity as it is not sufficient that a species is  cultivated elsewhere.   It,  ought  to  be  protected  in  its  natural habitat.  

Indian sandalwood (Santalum album Linn) is not seen included in the species  

listed  in  Appendix-II  of  CITES,  however  red  sandalwood  (Pterocarpus  

Santalinus)  is  seen included in  Appendix-II.   At  the same time International  

Union for Conservation of Nature (IUCN) which is an international organization  

dedicated to finding pragmatic solutions of our most pressing environment and  

development challenges has included  Santalum album Linn in its Red List of  

threatened  species  as  "vulnerable"  and  red  sandalwood  (Pterocarpus  

Santalinus) in the Red List as "endangered".  Therefore both in CITES and in  

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the  IUCN  Red  List  of  threatened  species  red  sandalwood  is  described  as  

"threatened with  extinction",  "endangered".   A taxon is  critically  endangered  

when the available evidence indicates that it meets with the criteria of extremely  

high risk of extinction.  It is Endangered when it meets with the criteria of facing  

a very high risk of extinction.  A taxon is vulnerable when it is considered to be  

facing  a high risk of extinction.  Near threatened, means a taxon is likely to  

qualify for a threatened category in the near future.

24. Red sandalwood is  a  species  of  Pterocarpus  native  of  India  seen no  

where in the world. It is reported that the same is found only in South India,  

especially in Cuddapah and Chittoor in the States of Tamil Nadu and Andhra  

Pradesh border which is also known as Lal Chandan /Rakta Chandan in Hindi  

which is  an endemic and endangered species.  Red sandalwood possesses  

medicinal properties viz., an anticoagulant, improves local circulation and used  

on traumatic wounds, aberrations and bruises.  Since the trading is mostly in  

South India,  especially in Andhra Pradesh (AP) it  is  stated that  A.P.  Forest  

Corporation has been appointed as an agent to Govt. of A.P. for disposal of red  

sandalwood available with Forest Department.

25. Red  Sanders  is  an  endemic  and  endangered  species  as  already  

mentioned, found only in the State of A.P.  A.P. Government has banned the  

sale of Red Sanders even by private parties, the wood is of huge demand in  

Japan, China and Western world and is very costly and it  is included in the  

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negative  list  of  plant  species  for  export  purposes,  implemented  by  the  

Directorate  General  of  Foreign  Trade,  Ministry  of  Commerce,  placing  

restrictions on international trade of Red Sanders.  Large scale smuggling of  

Red Sanders is however reported from various quarters.  In order to protect the  

species, a proposal was made by the State of A.P. to Government of India for   

its inclusion in Schedule VI of the Act which, in our view, is justified.   

26. CITES as well as IUCN has acknowledged that Red Sandalwood is an  

endangered  species.   It  is  settled  law  that  the  provisions  of  the  

Treaties/Conventions which are not contrary to Municipal laws, be deemed to  

have been incorporated in the domestic law.  Ref.  Vellore Citizens (Supra),  

Jolly  George vs.   Bank  of  Cochin (1980)  2  SCC  360,  Gramaphone  

Company of India  vs.  Birendra Baldev Pandey (1984) 2 SCC 534.  Under  

the above mentioned circumstances, following the ecocentric principle, we are  

inclined to give a direction to the Central Government to take appropriate steps  

under Section 61 of the Act to include Red Sanders in Schedule-VI of the Act  

as requested by the State of A.P., within a period of six months from the date of  

this judgment.  We are giving this direction, since, it is reported that nowhere in  

the world, this species is seen, except in India and we owe an obligation to  

world,  to  safeguard  this  endangered  species,  for  posterity.   Power  is  also  

vested with the Central Government to delete from the Schedule if the situation  

improves, and a species is later found to be not endangered.   

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27. Sandalwood as such we have already indicated finds no place in CITES  

but it  is included in the Red List of IUCN as "vulnerable" and hence call for   

serious attention by the Central Government, considering the fact that all the  

sandalwood growing states have stated that it faces extinction.  Section 61 of  

the Act empowers the Central Government to add or delete any entry to or from  

any schedule if it is known that it is expedient so to do.  Section 5 deals with the  

constitution of National Board for Wildlife (NBWL) which is headed by the Prime  

Minister as Chairman.  Section 5C deals with the functions of the NBWL which  

states that it shall be the duty of the National Board to promote the conservation  

and  development  of  wildlife  and  forests  by  such  measures  as  it  thinks  fit.   

Section 5C(ii)(a) states that the measures may provide for promoting policies  

and advising Central  Government and State Governments on the ways and  

means of promoting wildlife conservation and effectively controlling poaching  

and illegal trade of wildlife and its products and also for reviving from time to  

time  the  progress  in  the  field  of  wildlife  conservation  in  the  country  and  

suggesting measures for improvement thereto.  Various other powers have also  

been conferred on the National Board which consists of experts in the field of  

environment.  In such circumstances rather than giving a positive direction to  

include sandalwood in Schedule VI we are inclined to give a direction to the  

Central Government to examine the issue at length in consultation with NBWL  

and take a decision within a period of six months from today as to whether it is  

to be notified as a specific plant and be included in Schedule VI of the Act.

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28. We are also inclined to give a direction to the Central  Government to  

formulate  a  policy  for  conservation  of  sandalwood  including  provision  for  

financial reserves for such conservation and scientific research for sustainable  

use  of  biological  diversity  in  sandalwood.   Central  Government  would  also  

formulate  rules  and  regulations  under  Section  3  and  5  of  Environmental  

Protection  Act  1986  for  effective  monitoring,  control  and  regulation  of  

sandalwood industries and factories and that it should also formulate rules to  

ensure  that  no  imported  sandalwood  is  sold  under  the  name  of  Indian  

sandalwood and adequate labelling  to  this  effect  be mandated for  products  

manufactured  from  or  of  import  of  sandalwood.   States  are  directed  to  

immediately close down all un-licensed sandalwood oil factories, if functioning  

and take effective measures for proper supervision and control of the existing  

licensed sandalwood oil factories in states.   

29. We are also of the view that time has also come to think of a legislation  

similar  to  the Endangered Species Act,  enacted in  the United States which  

protects  both  endangered species defined as those “in  danger  of  extinction  

throughout all or a significant portion of their range” and “threatened species”,  

those  likely  to  become  endangered  “within  a  foreseeable  time”.   The  term  

species includes species and sub-species of fish, wildlife and plants as well as  

geographically  distinct  populations  of  vertebrate  wildlife  even  though  the  

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species as a whole may not be endangered.   We hope the Parliament would  

bestow serious attention in  this  regard.    With  the above directions,  all  the  

applications are disposed of.

……………………………….J.                 (K.S. Radhakrishnan)

……………………………….J. (Chandramauli Kr. Prasad)

New Delhi February 13, 2012

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