Legal Protection of Wildlife Sanctuaries

A wildlife sanctuary is a legally protected area in which activities that harm wildlife or its habitat are tightly controlled. Under the Wild Life (Protection) Act, 1972, infrastructure cannot be undertaken merely on an administrative or development approval; activities affecting habitat require the statutory scrutiny and permission prescribed by the Act.

Core prohibition and approval test

Section 29 prohibits the destruction, exploitation or removal of wildlife or forest produce, damage or diversion of wildlife habitat, and alteration of water flow into or outside a sanctuary, except under a permit from the Chief Wild Life Warden. Such permission requires State Government authorization after consultation with the National Board for Wild Life and satisfaction that the action is necessary for better management of wildlife.

• The prohibition applies to any project component that destroys, damages or diverts sanctuary habitat.
• The statutory requirement operates before the activity begins; ordinary departmental approval cannot substitute for it.

Institutional scrutiny and sanctuary management

The National Board for Wild Life examines the wildlife implications of proposals, with its Standing Committee exercising functions delegated under Section 5B. Conditions may address project design, mitigation and protection of the sanctuary, but a recommendation does not itself replace the permit required under Section 29.

• Under Section 33, the Chief Wild Life Warden controls, manages and maintains the sanctuary and may undertake infrastructure considered necessary for sanctuary purposes.
• Infrastructure claimed to support management must therefore remain connected to conservation, security, habitat improvement or proper administration of the sanctuary.

Boundaries, enforcement and other clearances

Under Section 26A(3), sanctuary boundaries cannot be altered except on the recommendation of the National Board for Wild Life. Contravention of the Act, permit conditions or lawful directions can attract prosecution and penalties under Section 51.

• Wildlife approval is additional to environmental clearance under the EIA framework and approval under forest conservation law wherever those laws apply.
• Project appraisal must therefore consider cumulative statutory requirements rather than treating wildlife clearance as a substitute for other approvals.