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Wildlife protection act

 The Wildlife Protection Act 1972 derives its genesis from the Stockholm Convention and was

enacted for the purpose of ecological security and wildlife protection. Simultaneously, it has

extended due recognition to the rights of tribal people which is evident in the following

provisions.

Section 17A prohibits picking, uprooting specified plants for selling but the proviso

carves out an exception for scheduled tribes giving them full right to pick and own

such plant for bona fide personal use"

5.36C provides for certain areas to be declared Community Reserves it a particular

community has volunteered to conserve the wildlife and habitat or that area: this

allows for communities to practice

es while

retaining their cultural ties to their land

Section 380 of the Wildlife Protection Act. 1972 empowers the tiger conservation

authority to undertake certain tasks such as laying down standards for protection,

coor

donate and monitor tiger reserves, facilitate tiger reserve management amongst

others. It can issue anv direction to enforce its functions but the proviso to $ 38(01

states that such direction cannot intervene in the rights of Scheduled Tribes.

S.38V(4) defines tiger reserve as areas which are "inviolate" for the objective of tiger

conservation but provides that such a definition should not interfere with the

Scheduled Tribes rights.

5.65 of the WA protects the hunting rights of the ST in Andaman and Nicobar bV

explicitly stating that no provision in the Act prohibiting hunting is applicable on them

Section 38V5 states that scheduled tribes cannot be resettled and their rights cannot

be adversely affected to give effect to "inviolate areas for tiger conservation. However, there are some exceptions given under S.38V(5) by virtue of which tribal

rights can be affected or tribes can be relocated such as

if the process or detel

mining their forest rights have been completed,

with their consent and after establishing that "irreversible damage" would be

caused to the existence or tiger because or tribal existence in these areas,

resettlement package which grants livelihood to affected tribes and complies

With National Relief and Rehabilitation Policy

consent of the Gram Sabha and affected person.
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