Guidelines on Religious Structures inside Wildlife Sanctuaries

The Standing Committee of the National Board for Wildlife (SCNBWL) has prepared draft guidelines to regulate the diversion of forest land inside wildlife sanctuaries and national parks for religious structures.

Background

• The issue came into focus following a proposal related to the Balaram Ambaji Wildlife Sanctuary in Gujarat, where forest land diversion was sought for a religious structure.
• Although initial approval was granted, it was later withdrawn due to, 
  • Absence of recorded forest rights under the Forest Rights Act, 2006, and
  • Risk of setting a nationwide precedent for similar demands in protected areas.

Need for the Guidelines

• Prevent Fragmentation: Avoid ad-hoc approvals that weaken conservation laws.
• Legal Uniformity: Provide a clear, legally grounded framework for evaluating religious institution proposals.
• Balance Interests: Address cultural/religious sentiments while safeguarding ecological integrity.
• Precedent Control: Prevent proliferation of religious structures in protected areas, which could compromise biodiversity.

Key Features of the Draft Guidelines

• General Principle on Construction:    Any construction/expansion on forest land after 1980 (when the Forest Conservation Act came into force) is to be treated as encroachment. 
• Exceptional Regularisation: In exceptional cases, where a State issues a reasoned and documented order justifying regularisation, the proposal may be referred to the Ministry for case-by-case consideration.
• Expansion of Existing Structures: Proposals for “expanding area or footprint” will generally not be considered.
• Limited Expansion Clause: “Limited expansion” may be allowed only if required for:
  • Mitigating ecological conflict, or
  • Creating public utilities to manage existing pressures.

Legal Framework Governing Protected Areas

• Wildlife (Protection) Act, 1972: Governs sanctuaries and national parks, prioritising habitat protection and restricting human activity.
• Forest (Conservation) Act, 1980: Prohibits diversion of forest land for non-forest purposes without prior Central Government approval, reinforcing ecological primacy over development.
• Forest Rights Act (FRA), 2006:
• • It recognises individual and community forest rights and any claim over land (including religious or cultural structures) requires formal recognition of forest rights.

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National Board for Wildlife (NBWL)

• Nature: It is a statutory apex body constituted in 2003 following the 2002 amendment to the Wildlife (Protection) Act, 1972. 
• Role: It serves as the highest policy-making body for wildlife conservation in India.
• Ministry: Ministry of Environment, Forest and Climate Change (MoEFCC)
• Evolution: 
  • 1952: Indian Board for Wildlife (IBWL) established.
  • First Chairman: Sri Jayachamaraja Wadiyar, Maharaja of Mysore.
  • 2003: IBWL was reconstituted as NBWL
• Composition of NBWL:
  • Chairperson: Prime Minister of India
  • Vice-Chairperson: Union Minister for Environment, Forest and Climate Change
  • Member-Secretary: Additional Director General of Forests (Wildlife) & Director, Wildlife Preservation
  • Other Members:
    • 5 NGO representatives.
    • 10 eminent conservationists/ecologists/environmentalists
• Standing Committee of NBWL: The Standing Committee functions as a specialised body under the NBWL.
  • Chairperson: Union Minister for Environment, Forest and Climate Change
  • Composition: Not more than ten members, nominated by the Minister from among NBWL members
  • The Standing Committee plays a crucial role in examining proposals related to activities in protected areas.

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