National parks and wildlife sanctuaries

Background and evolution

Before independence, many of today's protected areas were royal hunting grounds or reserved forests managed for timber. Hailey National Park, created in the United Provinces in 1936 and renamed Corbett National Park after the hunter-turned-conservationist Jim Corbett, was the first national park in mainland Asia. After independence, the steep decline of tigers, lions and other large animals led to the Indian Board for Wildlife's recommendations and finally to the Wildlife (Protection) Act of 1972, which created a uniform national framework.

The 42nd Amendment (1976) moved "forests" and "protection of wild animals and birds" from the State List to the Concurrent List, strengthening the role of the Centre. The Wildlife Protection Amendment Act of 2002 added two new categories, conservation reserves and community reserves, to bring land outside the forest department's control into the protected network.

Key features and provisions

• Declaration: state governments declare most sanctuaries and national parks by notification; the Centre can also declare them in certain cases.
• Settlement of rights: a Collector inquires into and settles the rights of people living in or using the area before final notification.
• National park restrictions: no grazing of livestock is permitted, and no rights can remain once the park is finally notified.
• Sanctuary flexibility: the Chief Wildlife Warden may allow grazing or movement of livestock and some uses if they do not harm wildlife.
• Alteration of boundaries: for national parks and sanctuaries this requires a resolution of the state legislature, and after a Supreme Court ruling, the advice of the National Board for Wildlife.
• Upgrading: a sanctuary can be upgraded to a national park, but not the reverse without legislative process.
• Management: done through management plans by the state forest department.