Critical 'tiger' habitats (CTHs), also known as core areas of tiger reserves- are identified under the Wild Life Protection Act (WLPA) 1972 based on scientific evidence that "such areas are required to be kept as inviolate (no human settlement and usage) for the purpose of tiger conservation, without affecting the rights of the Scheduled Tribes or such other forest dwellers". Critical 'wildlife' habitats (CWLHs), on the other hand, are defined only in the Forest Rights Act, 2006. CWLHs are meant to be areas of national parks and wildlife sanctuaries that are required to be kept as inviolate for the purpose of wildlife conservation (not just tigers). Similar to CTH, the identification of CWLH is done based on scientific and objective criteria, but it mandatorily requires settlement of forest rights under FRA. Unlike CTHs, the notification of CWLHs can only be done with the consent of the Gram Sabhas and affected stakeholders. You are the Sub-Divisional Officer (SDO) who granted Community Forest Resource (CFR) rights for fishing inside the Tiger Reserve. Within few days the National Tiger Conservation Authority (NTCA) of the Government of India ordered against the recognition of forest rights (which are rights recognisable under the Forest Rights Act, 2006) in critical tiger habitats. The forest dwellers as all FRA-related matters are the domain of the Ministry of Tribal Affairs (MoTA), but it has been silent on the order. There are concerns among advocates of wildlife conservation that the recognition of forest rights will negatively impact tiger populations in CTHs. On other hand Tribal activist demand that the NTCA order has no legal or scientific basis, and should be withdrawn with immediate effect, as it may have adverse implications on forest rights of communities living inside CTHs. a) In the above case, what options are available to you? b) What will be your course of action? Justify your position. c) In your opinion, should human rights take precedence over animal rights? Justify the morality of your position.

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Syllabus: Case Studies on above issues.