A landmark verdict: The Supreme Court puts conservation over commerce in Saranda forest

By Raj Kumar Sinha* 

In a powerful demonstration of judicial environmentalism, the Supreme Court has issued a landmark order protecting the Saranda forest area in Jharkhand, a region rightly described as one of the country's most beautiful and dense Sal (Shorea robusta) forests. This ruling, delivered by a bench of Chief Justice B.R. Gavai and Justice K. Vinod Chandran, is not just a victory for a specific forest; it is a critical step in affirming the legal and moral duty of the State to safeguard our ecological treasures.

The apex court has directed the Jharkhand government to officially notify the Saranda area as a Wildlife Sanctuary within three months, upholding the spirit of a 1968 notification that had already declared 31,468.25 hectares (approximately 314 sq. km) a "Saranda Game Sanctuary."

The Ban on Mining: A Conservation Imperative

Crucially, the Court has reinforced the nationwide ban on all mining activities within national parks, wildlife sanctuaries, and within a one-kilometre radius of their boundaries. This absolute prohibition is vital, as mining is unequivocally one of the most destructive human activities in a protected zone.

The Saranda case highlights the devastating conflict between resource extraction and ecology. For years, the region, which is a biodiversity "hotspot" and a critical wildlife corridor connecting the forests of Odisha and Chhattisgarh, has suffered immense environmental and wildlife loss due to rampant mining. It is home to endangered species like the Asian Elephant, Four-horned Antelope, Sloth Bear, Leopard, and Gaur.

The State's shifting stance—initially proposing a larger sanctuary, then retreating to a smaller area citing concerns over livelihoods and Naxal activities—drew sharp disapproval from the Court, leading to a direct order for the Chief Secretary's personal appearance. This judicial firmness was necessary to counter the delay and dithering that often plague conservation efforts. The Court rightly pointed out that since the State's own affidavits admitted to no active mining in the originally notified 31,468.25 hectares, there was no valid reason to withhold its declaration as a Wildlife Sanctuary.

Protecting People and the Planet

One of the most significant aspects of the judgment is the Court's explicit direction to the State government to widely publicise that this decision will not adversely affect the individual and community rights of the tribals and forest dwellers under Sections 3 and 4(1) of the Forest Rights Act (FRA), 2006.

This is a crucial balance. Conservation efforts must not come at the cost of dispossessing the communities who have been the traditional guardians of the forest. By securing their rights under the FRA, the Court has paved the way for a holistic, community-based conservation model.

The necessity of the ban is underscored by the tragic impact of mining on the region's flagship species: the Asian Elephant. These magnificent animals require vast traditional corridors, which mining leases have repeatedly intersected. The result is increasing human-elephant conflict, crop destruction, and loss of life—a crisis particularly acute in Saranda. Furthermore, mining has severely impacted water quality in rivers like the Koina, jeopardising the entire ecosystem.

The Court's decision rests on strong constitutional and legal foundations, referencing Articles 48A and 51A(g) which mandate the protection of forests and wildlife, alongside the clear directives of the Wildlife Protection Act, 1972, the National Forest Policy (1988), and the National Wildlife Action Plan (2017–31). The judgment echoes the concerns of the Justice M.B. Shah Commission (2013), which had warned against illegal mining and its destruction of elephant habitats in Saranda.

This verdict is a historic milestone in India's environmental jurisprudence. It emphatically clarifies that State governments bear a legal and moral responsibility to formally notify and protect their environmentally sensitive areas. The Saranda decision is a momentous step not only for Jharkhand but for the entire nation, offering a beacon of hope for balancing crucial wildlife conservation with the constitutional rights of our tribal populations.

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*Bargi Dam Displaced and Affected Association