DELHI HC QUESTIONS CONSTITUTION OF STANDING COMMITTEE OF NATIONAL BOARD FOR WILDLIFE

Why in the News?

• High Court Hearing: The Delhi High Court questioned the Centre over the constitution of the Standing Committee of the National Board for Wildlife (SC-NBWL) while hearing a PIL alleging violation of statutory provisions.
• Key Concern: Petitioners alleged that the SC-NBWL has approved over 97% of project proposals involving protected areas between 2014 and 2026, raising concerns over its independence and conservation mandate.

ISSUES RAISED IN THE CASE

• Statutory Independence: The Court observed that statutory bodies are distinct legal entities and should not function merely as extensions of the executive, emphasising the autonomy envisaged under the Wildlife (Protection) Act, 1972.
• Committee Constitution: Petitioners contend that the Standing Committee has been constituted by the Central Government rather than by the National Board for Wildlife (NBWL) as required under the statutory framework.
• High Approval Rate: The PIL alleges that the committee has approved an overwhelming majority of proposals involving protected areas, potentially prioritising developmental interests over wildlife conservation.
• Beyond Mandate: It is argued that several decisions relating to diversion of protected areas, infrastructure projects, mining, petrochemical activities, and mobile towers exceed the committee’s conservation mandate under the Act.
• Conservation Concerns: Petitioners claim that frequent approvals may contribute to habitat fragmentation, biodiversity loss, ecological degradation, and weakening of the legal safeguards protecting India’s wildlife habitats.

NATIONAL BOARD FOR WILDLIFE (NBWL)

• Statutory Body: The National Board for Wildlife (NBWL) is a statutory body constituted under the Wildlife (Protection) Act, 1972 to promote wildlife conservation and advise the government on matters relating to protected areas and biodiversity.
• Composition: The Prime Minister serves as the ex-officio Chairperson, with members including Union Ministers, Members of Parliament, scientists, conservation experts, NGOs, and government officials.
• Standing Committee: The Standing Committee of the NBWL (SC-NBWL) examines proposals requiring wildlife clearance, particularly those involving activities within or around Protected Areas, and makes recommendations on behalf of the Board.
• Key Functions: NBWL advises on wildlife policies, reviews management of protected areas, recommends conservation measures, evaluates diversion proposals, and promotes ecological balance and biodiversity conservation.
• Legal Importance: Clearance from the SC-NBWL is generally required for projects likely to affect National Parks, Wildlife Sanctuaries, Conservation Reserves, Community Reserves, and Eco-Sensitive Zones, ensuring compliance with environmental safeguards.