Guidelines on Religious Structures in Wildlife Sanctuaries

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• An apex wildlife advisory body has prepared draft guidelines regulating the diversion of forest land inside wildlife sanctuaries for religious structures. 

Background: Protected Areas and Legal Framework in India

• India’s wildlife sanctuaries and national parks are governed under the Wildlife (Protection) Act, 1972, which aims to protect wildlife habitats from human-induced pressures. 
• Any non-forest activity within protected areas is highly regulated and generally discouraged unless it meets strict conservation criteria.
• Additionally, the Forest (Conservation) Act, 1980, places restrictions on the diversion of forest land for non-forest purposes. 
• As per this law, forest land diversion after 1980 requires explicit approval from the central government, reinforcing the principle that ecological protection must take precedence over development or encroachment.

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Role of the National Board for Wildlife

• The Standing Committee of the National Board for Wildlife (SCNBWL) is an apex advisory body under the Ministry of Environment, Forest and Climate Change. 
• It evaluates proposals related to infrastructure and land-use changes within protected wildlife habitats.
• The Committee’s recommendations play a critical role in determining whether activities within sanctuaries align with conservation objectives. 
• The formulation of guidelines on religious structures falls within this mandate, given the potential ecological consequences of such constructions.

Context for Framing the Guidelines

• The issue gained prominence following a proposal involving the Balaram Ambaji Wildlife Sanctuary in Gujarat, where diversion of forest land was sought for a religious establishment. 
• Although initial approval was granted, it was later revoked after concerns were raised about the absence of recorded forest rights and the risk of setting a precedent.
• This episode highlighted the lack of a uniform framework to assess similar proposals across States. 
• It also exposed governance gaps in cases where religious sites exist within forested areas but lack legal recognition in settlement records.

Key Provisions of the Draft Guidelines

• The draft guidelines prepared by the apex wildlife body lay down the following principles:
  • Post-1980 constructions on forest land are to be treated as encroachments as a general rule.
  • Regularisation of existing structures may be considered only in exceptional cases where the State government provides a reasoned and documented justification.
  • Expansion of religious structures within sanctuaries is generally prohibited. Limited expansion may be allowed only if required for managing ecological conflict or essential public utilities.
  • Case-by-case scrutiny is mandated, with final decisions resting with the central government after ecological assessment.
• These guidelines are currently under deliberation by State governments before final adoption. 

Balancing Faith, Ecology, and Governance

• India’s forests often contain sacred groves, caves, and pilgrimage sites that predate modern conservation laws. 
• While cultural and religious practices are constitutionally protected, they cannot override environmental safeguards in ecologically sensitive zones.
• Unchecked construction can fragment habitats, increase human-wildlife conflict, and undermine conservation goals. 
• The guidelines seek to strike a balance by recognising historical presence without legitimising fresh encroachments or large-scale development.

Implications for Wildlife Conservation

• If implemented effectively, the guidelines can:
  • Prevent gradual erosion of protected areas through incremental construction.
  • Establish uniform standards for States when dealing with sensitive land diversion requests.
  • Strengthen the legal position of conservation authorities in resisting non-essential activities inside sanctuaries.
• However, inconsistent enforcement or political pressure could dilute their impact, making monitoring and transparency crucial.

Source: TH