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s t r i p e sBI-MONTHLY OUTREACH JOURNAL OF NATIONAL TIGER CONSERVATION AUTHORITY

GOVERNMENT OF INDIA

Volume 1 Issue 6 September-October 2010

Few of our tiger reservesare ‘conflict landscapes’owing to extremistengineered disturbances.The Palamau Tiger Reserve inJharkhand is one such area.

This reserve has the distinction of beingone of the first nine tiger reserves whenProject Tiger was launched way back in theearly 70’s. The landscape also has one ofthe finest sal forests with bamboo, besidesdry deciduous miscellaneous forests andopen grassy patches. The habitat supportstigers, elephants, gaur, co-predators andungulates. However, despite a gloriouspast, the reserve is now affected by left wing extremism.This issue carries a special feature on its present status, asbrought out by the ‘Crack Team’ of the NTCA. The matteris being pursued with the State for addressing the urgentadministrative and ecological issues.

Several States are actively embarking on voluntary

relocation of people residing in thecore/critical tiger habitats. This is animportant initiative which is fullysupported by the Central Government(Project Tiger) to give a fair deal to suchpeople, besides doing justice to the Wildlife(Protection) Act, 1972.

The NTCA has been actively engagingwith expertise outside the Governmentsystem both for the country level tigerestimation as well as site specific fieldresearch. The use of DNA analysis fromscats at times, is useful to get the minimumestimate of tiger population. This issuealso carries a report brought by the NGO

Aaranyak in this regard for the Buxa Tiger Reserve. Sincegenetic information is useful for wildlife forensics, besidespopulation estimation, the NTCA is currently discussingwith experts in the field for standardizing a uniformprotocol for field data collection and analysis.

Dr Rajesh Gopal / Member-Secretary, NTCA

EDITOR Dr Rajesh Gopal Member Secretary NTCA

EDITORIALCONSULTANT Ananda Banerjee

CONTENTCOORDINATORInder MS Kathuria

FEEDBACK Annexe No 5 Bikaner House ShahjahanRoad New Delhi [email protected]

Cover photo Aditya Singh

s t r p e sn o t e f r o m t h e e d i t o r

Volume 1Issue 6

September-October

2010

InitiativeVillagerelocationPg 4

Tourism - GeneticAssessment of the Status of

Tigers Pg 18

InitiativeProjectCheetahPg 10-11

WildlifeCrime

JudgementOn

Sansar Chand P12

iBI-MONTHLY OUTREACH JOURNAL OF NATIONAL TIGER CONSERVATION AUTHORITY

GOVERNMENT OF INDIA

Management PalamauTiger ReservePg 7

4 | September-October 2010 | STRIPES

RELOCATION

Executive Summary NagaraholeTiger ReserveThe 643 sq. km. Rajiv GandhiNational Park (Nagarahole TigerReserve) supports a very highdensity of tigers and prey close totheir potential carrying capacity.The habitat forms part of a large,contiguous tiger landscape withthe Bandipur Tiger Reserve (880 sqkm) to the south, Wynad (344 sqkm) and Bramhagiri (180 sq km)Sanctuaries to the west-south-west. This makes the NagaraholeTR an extremely important tigerhabitat with a great potential forlong-term persistence of tigers. Atotal of 1550 landless tribalfamilies (6145 people) wereofficially estimated to be living in54 settlements within the limits ofthe 643 sq km TR. Subsequently,on the basis of an independentestimation commissioned by theForest department and carried outby Dr. TBBSV Ramanaiah,Professor of Sociology, Universityof Mysore a total of 1703 familieswere enumerated. The RamaniahCommittee report has beenofficially accepted by theGovernment of Karnataka. 1931hectares of forest land has beendiverted to resettle peoplevolunteering to move out of theTR. These lands are located in therevenue district of Mysore spreadacross three clusters – Nagapura inHunsur Taluk, Sollepura inH.D.Kote Taluk and Shettihalli-Lakkapatna in Hunsur Taluk. Thevoluntary relocation process withfunding support, initially from

Project Tiger, started in 1999,almost 11 years ago. Till date, 348families have voluntarily opted forrelocation and moved outincluding eight families underOption I (Rs. 10 lakhs cashcompensation) scheme. Theexcruciating delay is, to a largeextent, due to extremely frequenttransfers of DCFs (who lead theprocess) which is best illustratedby the fact that the TR now has its14th DCF in 10 years. However,there is a genuine, voluntarydemand for resettlement fromtribal people. The delivery ofpromised benefits by the StateForest department only to genuinebeneficiaries including land,housing and other amenities likeland development, schools, accessroads, electricity, tube wells, waterhand pumps etc, as envisaged

under the BOTD scheme of ProjectTiger has greatly contributed tothe encouraging

Critical Voluntary RelocationIssueThe much delayed voluntaryrelocation process in Nagarahole ispresently at an extremely crucialstage. A priority list of 350families living in 13 settlements inthe core area of the TR has beenprepared. Of these, more than 180families have already volunteeredto relocate. The voluntaryrelocation of these 350 families isvitally important and must receivethe highest priority and getcompleted by end of March 2011.

High Priority Suggestions /Recommendations 1. Infrastructure (house, land and

REPORT ON THE PROGRESS OFVILLAGE RELOCATION

NAGARAHOLE AND MUDUMALAITIGER RESERVES

Ajay Desai & Praveen Bhargav

New resettlement cluster at the Shettihalli-Lakkapatna.

STRIPES | September-October 2010 | 5

other amenities) for 150 families isalmost ready andmore than 180 families from theidentified 350 high-priority familiesin the core area of the TR havevolunteered to relocate. In order tofacilitate this important process, theimmediate funding requests of theTR require to be processed andreleased immediately by NTCA onpriority.2. Timely release of further fundingto complete the relocation of theremaining 200 families out of the350 high-priority families must beensured by NTCA so that the processcan be completed by end of March2011 as planned.3. NTCA/ MoEF must co-ordinatewith relevant central ministries andensure that appropriate guidelinesare issued to ensure that variouscentrally sponsored schemes/centralassistance for social/tribal welfareare specifically directed towardssuch resettlement areas on priorityto complement the central assistancebeing provided by NTCA.4. There is some confusion on theground about the 35% agriculturalland and development componentthough para 4.2.2 of the relocationguidelines mention that the package(per family) is at the rate of Rs. 10lakhs. NTCA may therefore issuenecessary clarification that alandless family choosing Option IIwill be entitled to the surplusamount that remains of the 3.5 lakhrupees (35%) after deducting thevalueof land (at prevailing governmentvaluation) allotted to him and thecost of land development per acre.The said amount can be deposited inthe name of thebeneficiary in a nationalized bank orPost Office for generating incomethorough a monthly interest scheme.5. The State government must postcompetent, hand picked fieldofficers and provide them withappropriate financial powers,sufficient frontline staff includingsurveyors, technicians etc along withall necessary infrastructure to focusonly on resettlement.

The resettlement in MudumalaiTiger Reserve is driven by aHigh Court judgement askingthe government to resettlepeople living in 28 hamletsinside Mudumalai. Proposalsand recommendations forresettling these people dateback to early 1980’s. Despitethis, little has been achieved onground. The major limitationshave been funds, suitableresettlement sites and lack ofdedicated staff to follow up onany plans. However under theopportunities provided by theNTCA a new proposal has beenmade to 368 of the 449 familiesliving in these 28 hamlets. It ishoped that the remainingfamilies will be encouraged toleave once they see thesuccessful implementation ofresettlement. A suitable site hasbeen identified for resettlementand Forest (Conservation) Act1980 clearance has been soughtas the area is a notified forestblock. There is a plan to getofficers on deputation to handlethe additional work when thefunds are available for theresettlement. At present aproposal with a coarse estimate

of costs has been made to theNTCA for funding. If funding isavailable the work on theresettlement can proceedimmediately (subject to FCAclearance). The consent of the368 families has been obtainedand they want pattas to beissued immediately as they wishto start developing their landimmediately and are willing towait for infrastructure todeveloped at a later date as andwhen funds are available. Thereare some minor issues regardingthe budget and these need to beironed out at the earliest. Thepresent proposal does notaddress all settlements inMudumalai and it is suggestedthat plans for resettlementthe other settlements bedeveloped at the earliest.

Critical Voluntary Relocation Issuen Need to restructure thebudget and reduceinfrastructure costs so that a)greater cash compensation canbe given b) more equitablecompensation can be given.n Need to have a dedicatedteam to implement the

RELOCATION

Executive Summary . Mudumalai Tiger Reserve

DCF Shri V.R. Singh (centre) interacting withrelocated people at Sollepura


RELOCATION

resettlement if it is to be asuccess. Current staff are alreadyoverburdened with regular duties.n Current proposal does notaddress all settlements insideMudumalai Tiger Reserve andtargets only those who went tothe High Court and got ajudgement asking the governmentto resettle them outsideMudumalai. There is a need tofollow up with resettlement ofpeople living in the Kargudy-Thappakadu area. Appropriateplans need to be developed forthis.n It is also important to follow upand encourage the remaining 61families in the 28 hamletscurrently targeted forresettlement to opt for movingout of the Tiger Reserve.

High Priority Suggestions /Recommendationsn Forest (Conservation) Act 1980clearance needed to divert theidentifiedforest blocks for resettlementshould be granted so that workcan start atthe earliest.n Funds needed immediately forthose opting for Option 1 (cash)so that thesepeople can be immediatelyaddressed and the others aregiven assurance that resettlementis actually happening (after nearly30 years).n Ensure that significant fundingis given so that people can bemoved in large numbers - theinitial funding should be firsttargeted at demarcating plots andissuing of pattas to all thosewanting to resettle as this is theirmajor demand. n The budget needs to berestructured to make it moreequitable and less infrastructureheavy within the broad/flexibleparameters of the NTCA format.

(Above)The re-constructed community hall at Nagapura Block IV (Below)NGO leaders P.M. Muthanna (extreme left) and K.S. Lokesh (third fromright) with Ajay Desai other officers


MANAGEMENT

On the terms ofreference; 1. Appraisalof status of tiger, co-predators and preyanimals, 2. Protection

efforts taken vis-à-vis theadvisories of Project Tiger / NTCA,3. Administrative / ecologicalproblems and managerial issues,and 4. Suggestions for restoringthe area and eliciting local supportto strengthen protection. Weundertook field visit of PalamauTiger Reserve during 2nd to 5thSeptember 2009 and we interactedwith cross-section of peopleincluding frontline staff, seniorofficials of the reserve andJharkhand Forest Department,officials of the civil administrationand paramilitary forces, local MLA,community representatives, mediapersons and local villagers. Weadopted various methods toaccomplish the objectives ofappraisal including extensive visitsto get first hand information onfield realities and situations.

We found that; 1. Naxalactivities have adversely affectedthe functioning of Palamau TR. Wefound that the reserve staff goesinside the reserve only fordevelopmental works and not formonitoring and protection works.Frontline staff are demoralizedand frightened due to regularviolent activities of naxals in thereserve since 1990.2. Naxalites promote illegalactivities in the reserve and are

also involved in poaching of preyspecies. They destroyed the forestdepartment infrastructure if usedby administration or armed forces.3. Wildlife monitoring system hasbeen developed but it has beenbadly affected by naxal activities,and staff are able to venture intovery limited portions of thereserve.4. Abundance of tiger and preyspecies is poor and the tigerpopulation has witnessed drasticdecline. There is no authenticreport available on tiger and co-predator population of the reserve.

We could observe tiger signs onlyin Betla range. Field recordsindicated tiger movement in someareas.5. Breeding of tigers has not beenreported in the last few years.6. Though, wildlife mortalitieshave not been officially reported,except a leopard, in the last fiveyears, but we strongly suspecthigh poaching pressure on thereserve. Villagers also reportedpoaching of prey species, even byoutsiders.7. Regular patrolling is organizedonly in Betla range. In other

PALAMAU TIGERRESERVE, JHARKHANDDr. D. S. Srivastava, Dr. R. K. Singh, Samir Kumar Sinha, Dr. Rathin Barmanand Dr. R. P. Mishra


MANAGEMENT

ranges, it is very rare to nil. Due tonaxal threats staff do not visitinterior areas of the reserve andthey have not been providedwireless hand sets and weaponsdue to obvious reasons.8. Tiger Protection Forceconstituted at two places in thereserve mainly involves EDCmembers.9. Most of the posts of forestguard are lying vacant andinfrastructure created forprotection and monitoring are lessutilized or lying abandoned due tonaxal threats.10. Due to less staff movement,poor surveillance and lack ofintelligence network wildlifeoffences are poorly reported.Conviction rate in wildlife cases isalso poor.11. Very few advisories of NTCA/

Project Tiger issued for protectionmeasures in the reserve arefollowed up to a satisfactory level.12. Paramilitary force deployed inthe area is not of much help inwildlife protection in the reserve,and co-ordination of the reservemanagement with the force is notsatisfactory.13. There is no mid-level official inthe reserve and the forestdivisions are headed by CF rankforest officials. All posts of ACFsare lying vacant and majority offrontline staff are approachingsuperannuation.14. Community rights in thereserve have been identified, butyet to be settled. Core/critical areahas been extended and notifiedbut notification of buffer has yetto be done. The TigerConservation Foundations has not

been constituted.15. Funds are not available ontime.16. Co-ordination of the reservemanagement with linedepartments is not up to themark.17. The managers are staff are nottrained in wildlife management.Frontline staff is demoralized dueto naxal attacks on theircolleagues and poor staff welfaremeasures taken by the reserve.18. The reserve totally lacksveterinary and research facilities.19. Grasslands of the reserve aredeteriorating due to poormanagement and they areoccupied by weeds, which hasinfested in a significantly largearea of Palamau. Water scarcityduring pinch period is common inmany pockets.20. The reserve bears bioticpressure of about 200 villagesinhabited by over 2 lakh peopleand 85000 cattle. Collection ofNTFPs and illicit felling of timberis common.21. Eco-development activitiesinitiated under the World BankFunded India EcodevelopmentProject have drastically reducedsince no effective measures weretaken to ensure sustainability ofthe actions. Most of the EDCs arenon-functional and thedepartment’s eco-developmentactivities concentrate on creatingasset, water conservation,improved agriculture andemployment generation.22. Problem of human-wildlifeconflict is common and theamount of compensation paid forcattle lifting and cropdepredations are much lesser thanthe actual loss. We feel that inPalamau TR, two major issues –status of tiger and preypopulation, and management ofreserve amidst present naxalthreats, need serious thoughts ofthe reserve management & state

Team meeting with local MLA and conducting SWOT Analysis


MANAGEMENT

and central governments alike. Wesuggest following measures forimprovement of the reserve;1. Tiger and prey status should beassessed to know the wildlifeassets to be protected, managedand improved by the reserve. Theassessments should be done asper scientifically validatedmethodology. Tiger abundance canbe estimated using photographiccapture-recapture or geneticcapture-recapture methodologiesby involving competentindependent agency.2. Local people and EDC membersshould be trained and involved inwildlife monitoring. We alsosuggest involving local NGO inimplementation of year longmonitoring exercise by EDCmembers on experimental basis.

3. Administrative set-up should bechanged and the forest divisionsshould be manned by DCF rankofficials.4. We discourage the plans of in-situ breeding of tiger and preyspecies in the reserve till thesituation improves and negativefactors are eliminated.5. Grassland management shouldbe done regularly.6. At this stage, we have gutfeeling that Palamau can be saved/ made accessible only with theproactive support of localcommunities. The reservemanagement and staff need todevelop proper communicationwith villagers through committeesconstituted at forest range anddivision levels, EDCs and NGOs.7. Eco-development committees

should be involved in protectionof the reserve more rigorously.The committees should beentrusted to assess and refer thecompensation claims of cattledeath and crop depredation to thereserve management.8. Eco-development activitiesshould be initiated aiming atreducing the villagers’ dependencyon the forest and generatingemployment opportunities. Asystem needs to be put in place toensure sustenance of theinitiatives and activities takenunder eco-development. An ACFrank officer should be deputed tolook after ecodevelopment works.It would be better to involve NGOsin implementation of the activities.9. To gain villagers support, wesuggest disposal of minor forestcases at earliest and developing arealistic compensation package forcrop depredation and cattle killedby wild animals. Thecompensation package should bedecided in consultation withexperts and village panchayat.10. A well designed awarenesscampaigns on wildlifeconservation, activities of thereserve, and rules and regulationsapplicable to the protected areashould be started targetingwomen, children and youth in thevicinity of tiger reserve. Thisactivity should also beimplemented through NGOs underthe supervision of the reservemanagement.

Mundu Forest Rest House in Palamau TR burnt by naxalites and (Above)Livestock grazing inside Palamau TR


Just as the tiger is the flagshipspecies of the forest, thecheetah is the flagship species

of the grasslands, scrublands andopen forests. Therefore, with thereintroduction of the cheetah,these dryland ecosystems of Indiawill have a chance to return totheir natural state. Being a topcarnivore, the cheetah is a majorevolutionary force that shapesecosystem functions and enhancesspecies diversity.

The cheetah is part of ourheritage - It is the only largemammal that has been declaredextinct in India in recent history. -It is extensively mentioned inIndian literature, with the word‘cheetah’ itself originatingfrom the Sanskrit word ‘chitraka’which means ‘speckled one’. -Indian rulers, especially theMughals, kept cheetahs as petsand used them for hunting.Emperor Akbar, for example,

INITIATIVE

ProjectCHEETAH

COVER PAINTING BY HARRINGTON BIRD, 1905, COURTESY OF DR. M. K. RANJITSINH


maintained a stable of over onethousand cheetahs.

Where could the cheetah bereintroduced?Currently, wildlife experts haveidentified three regions whichhave the potential to supportcheetah populations. TheNauradehi and Kuno-PalpurWildlife Sanctuaries in MadhyaPradesh and the ShahgarhLandscape in Rajasthan have beendeclared potentially suitable forthe reintroduction of the cheetah.

Will the cheetah be Prone toPoaching?While the cheetah has a soft coat

of fur with a unique spottedpattern which makes it a target forsome poachers, there is nodemand for the cheetah’s bodyparts like there is for the tiger’s.Thus, unlike the tiger, the cheetahdoes not have a huge price on itshead and poaching is much less ofa threat.

Who Will be affected?To prevent human - wildlifeconflict and to ensure the ethicalimplementation of ProjectCheetah, human settlements thatmay be affected will be givengenerous and adequatecompensation for their role in thisnational initiative. 80 seasonally

used human settlements in theShahgarh Landscape and 23settlements in Nauradehi WildlifeSanctuary may be relocated withthe consent and cooperation of theinhabitants. Currently, these local communitieshave no access to modernamenities such as medical access,transportation, markets, schools,and occasionally even toelectricity. Dacoits threaten someareas, while in others conflict withwildlife threatens livelihoods.Aiding them in their endeavour todevelop alternative livelihoods willcontribute to the success ofProject Cheetah, and will need tobe an integral part of the project.

INITIATIVE

India was oncehome to thecheetah, but thelast of them waskilled in 1947 andthe cheetah wasdeclared extinct inIndia in 1952. It isthe only largemammal whichhas becomeextinct inindependent India


WILDLIFE CRIME

Until recently habitat loss was thought to be thelargest threat to the future of tigers, leopardsetc. However, it has now been established that

illegal trade and commerce in skins and other bodyparts of tigers, leopards etc. has done even muchgreater decimation. Poaching of tigers for traditionalChinese medicine industry has been going on in Indiafor several decades. Tigers and leopards are poachedfor their skins, bones and other constituent parts asthese fetch high prices in countries such as China,where they are valued as symbols of power(aphrodisiacs) and ingredients of dubious traditionalmedicines. This illegal trade is organized andwidespread and is in the hands of ruthlesssophisticated operators, some of whom have toplevel patronage. The actual poachers are paid only apittance, while huge profits are made by the leadersof the organized gangs who have internationalconnection in foreign countries. Poaching of wild lifeis an organized internationalillegal activity which generatesmassive amount of money for thecriminals.

Interpol says that trade inillegal wild life products is worthabout US$ 20 billion a year, andIndia is now a major sourcemarket for this trade. Most of thedemand for wildlife products comes from outside thecountry. While at one time there were hundreds ofthousands of tigers in India, today according to thesurvey made by the Wildlife Institute of India (anautonomous body under the Ministry of Environmentand Forests), there were only 1411 tigers left in Indiain 2008. There are no reliable estimates of leopardsas no proper census has been carried out, but therough estimates show that the leopard too is acritically endangered species.

There is virtually no market for the skins or bonesof tigers and leopards within India. The evidenceavailable points out that tigers and leopards, poachedin the Indian wilderness, are then smuggled acrossthe border to meet the demand for their products in

neighbouring countries such as China. When dealingwith tiger and leopard poachers and traders, it istherefore important to bear in mind that one isdealing with trans-national organized crime. Theaccused in these cases represents a link in a largercriminal network that stretches across borders. Thisnetwork starts with a poacher who in most cases is apoor tribal and a skilled hunter. Poachers kill tigersand leopards so as to supply the orders placed by atrader in a larger city centre such as Delhi. Thesetraders are very wealthy and influential men. Oncethe goods reach the trader, he then arranges for themto be smuggled across the border to his counterpartin another country and so on till it reaches the endconsumer. It is impossible for such a network tosustain itself without large profits and intelligentmanagement.

Under the Wildlife (Protection) Act, 1972, tradingin tiger, leopard and other animal skins and parts

is a serious offence. Apart fromthat, India is a signatory to boththe UN Convention onInternational Trade inEndangered Species (CITES) andthe UN Convention againstTransnational Organized Crime(CTOC). However, despite theseNational and International laws

many species of wildlife e.g. tigers, leopards, bisonetc. are under threat of extinction, mainly due tothe poaching organized by international criminaltraders and destruction of the habitats.

Sansar Chand, the appellant before us has a longhistory of such criminal activities, starting with a1974 arrest for 680 skins including tigers, leopardsand others. In the subsequent years the appellant andhis gang has established a complex, interlinkingsmuggling network to satisfy the demand for tigerand leopard parts and skins outside India’s borders,particularly to China. It is alleged that the appellantand his gang are accused in 57 wildlife cases between1974 and 2005.

Sansar Chand the appellant herein has a long

Excerpts from the JUDGMENTIN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTIONCRIMINAL APPEAL NO. _2024____OF 2010

[Arising out of Special Leave Petition (Crl.) No.5599 of 2009]Sansar Chand .. Appellant

-versus-State of Rajasthan .. Respondent


WILDLIFE CRIME

history of involvement with wildlife crime. A briefaccount of the same is given below:

(i) In a seizure dated 11.09.1974 having criminalcase No.20/3 Sansar was held guilty by the Court ofShri H.P. Sharma ACMM, Delhi on 1.8.1981 andsentenced on 3.8.1981 to rigorous imprisonment forone year and six months. This Court vide it’sjudgment dated 13.5.1994 ordered the release ofSansar Chand on the ground that he was a juvenileon the date of the offence and his sentence beconsidered to have undergone.

(ii) In another seizure dated 20.11.1974 he washeld guilty and sentenced to pay a fine of Rs.20,000/-.

(iii) The third conviction of Sansar Chand was bythe Special Railways Court vide it’s order dated20.4.2004 which was pleased to award Sansar Chandrigorous imprisonment for 5 years. The saidjudgment has been subsequently affirmed by the

Sessions Court on 19.10.2006 and the High Court ofRajasthan vide it’s order dated 10.12.2008 againstwhich Sansar Chand has preferred this special leavepetition.

(iv) In addition to the above there are other casespending against the appellant which provide detailsof his pending cases in various Courts and whichwere admitted by him in his statement under Section313 Cr.P.C. and which are Ex. P-46 and P-47. Theseexhibits show the extent of involvement of SansarChand in wildlife crime.

(v) In order to highlight the extent of theorganized nature of wildlife crimes being committedby the appellant, it is important to mention here thatit is not just Sansar Chand, but other members of hisfamily and associations who are also involved in theillegal trade in wildlife. It is alleged that theappellant’s younger brother Narayan Chand ismentioned in FIR No. 82/2005, Kamla Market PoliceStation, New Delhi, involving the seizure of, inter alia,2 tiger skins, 38 leopard skins and 1 snow leopardskin and has been named as an accused in thecomplaint filed under Section 55 of the Wild Life(Protection) Act, 1972 in this case. Narayan Chand isalso an accused in Court Case No. 1145/2009 beingtried before the Additional Chief Judicial Magaistrate,Haldwani, arising from Preliminary Offence ReportNo. 13/Fatehpur/2008-2009, involving the seizure of1 tiger skin and a tiger skeleton. Sansar Chand’s wifeRani and son Akash are accused in the case arisingfrom FIR No. 362/2004, Manak Chowk Police Station,Jaipur, involving the seizure of leopard paws andclaws. CBI in the year 2005 invoked MCOCA againstSansar Chand and his family members and associateswhich case is pending trial in a Delhi Court.

The present case is only one of the cases in whichthe appellant has been accused. The facts of the casehave been set out in detail in the judgment of theHigh Court and hence we are not repeating the samehere. Briefly stated, on January 5, 2003 the policearrested one Balwan who was traveling in a train witha carton containing leopard’s skin. Duringinvestigation the said Balwan on January 7, 2003made a disclosure statement to the SHO, GRPBhilwara that the two leopard skins were to behanded over to Sansar Chand at Sadar Bazar, Delhi.The appellant was charge sheeted and after trial hewas convicted by the Additional Chief JudicialMagistrate (Railways), Ajmer, Rajasthan by hisjudgment dated 29.4.2004. The appellant filed anappeal which was dismissed by the Special Judge,SC/ST (Prevention of Atrocities) Cases, Ajmer vide hisjudgment dated 19.8.2006. Thereafter the appellant

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Tiger skin costume at Litang Horse Festival, Aug 2005, Sichuan Province, China


WILDLIFE CRIME SI

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filed a Revision Petition, which was dismissed by theRajasthan High Court by the impugned judgmentdated 10.12.2008. Hence, this appeal.

Thus, all the courts below have found theappellant guilty of the offences charged.

Learned counsel for the appellant submitted thatthe prosecution case is solely based on the extrajudicial confession made by co-accused Balwan videEx.P-33. We do not agree. Apart from the extrajudicial confession of Balwan there is a lot of othercorroborative material on record which establishesthe appellant’s guilt.

It must be mentioned that persons like theappellant are the head of a gang of criminalswho do illegal trade in wildlife. Theythemselves do not do poaching, but they hirepersons to do the actual work of poaching.Thus a person like the appellant hereinremains behind the scene, and for thisreasons it is not always possible to get directevidence against him.

In the courts below the prosecution filed a list ofpending cases against Sansar Chand, in some ofwhich he has been found guilty and punished. Theappellant has been prosecuted by the WildlifeDepartment in various courts as mentioned in theletter of the Deputy Inspector General of Police,CBI, New Delhi to the Inspector General of Police,Jaipur dated October 20, 2004.

Ex.P-33 which contains the confession of theappellant, was written by PW-11 Arvind Kumar onthe instructions given by the accused Balwan whilein custody. Prior to Ex.P-33, Balwan has alsodisclosed the name of the appellant vide Ex.P-6 onJanuary 6, 2003.

In our opinion, Ex.P-33 supported by the evidenceof Arvind PW 11 and Ex.P-6 cannot be treated to beconcocted documents which cannot be relied upon.As per the disclosure statement of Balwan the otherco-accused persons were also arrested and articlesused for killing and removing skins from the bodiesof leopards were also recovered.

The accused Balwan was released on bail on18.01.2003, and thereafter he sent the writtenconfession Exh.P-33 on 23.01.2003 during judicialcustody at Central Jail, Ajmer. In our opinion itcannot be held that the accused Balwan was underany pressure of the police. The said letter Ex.P-33dictated by Balwan to Arvind Kumar was directly sentfrom the Central Jail, Ajmer to the Chief JudicialMagistrate’s Court, Ajmer. We are of the opinion thatthe letter P-33 was not fabricated or procured bypressure. The accused Balwan has clearly stated inExh.P-33that he was paid Rs.5000/- and Rs.10000/-by the appellant. The appellant has several houses inDelhi, purchased in his name and in the name of hiswife. It appears that these houses were purchasedwith the help of gains made out of his illegal


WILDLIFE CRIME

activities stated above.Pw-11 Arvind Kumar has stated in his deposition

before the Court that he wrote the letter Ex.P-33 atthe instance of the accused Balwan. The thumbimpression of the accused Balwan is on that letter.

At the instance of the appellant one Bhua Gametiwas questioned who stated that the panther’s skinhad been taken by various persons e.g. Khima, Nawa,Kheta Ram, Mohan and Chuna, who were alsoarrested. At their pointing out the equipment usedfor hunting the leopard and poaching it were seized.Panther’s nails were also recovered from accusedBhura and the guns, cartridges, and knives forremoving the skins of panthers were recovered fromthe accused.

There is a large amount of oral and documentaryevidence on record which has been discussed in greatdetail by the learned Magistrate and the learnedSpecial Judge and hence we are not repeating thesame here. Thus the appellant has rightly been heldguilty beyond reasonable doubt.

As already stated above, in such cases it is noteasy to get direct evidence, particularly against theleader of the gang (like the appellant herein).

The appellant, Sansar Chand has been doing thisillegal trade for more than 30 years. He is habitual ofdoing this illegal business of trade in skins and partsof panthers and tigers. He has, as far back as in 1974,committed his first crime when he was barely 16years of age and the conviction was upheld by theSupreme Court in Criminal Case No. 15 of 2001. Alarge number of cases are pending against him inDelhi, Uttar Pradesh and Rajasthan. Taking all these

materials into account there is no doubt that theappellant is guilty of the offence charged.

There is no absolute rule that an extra judicialconfession can never be the basis of a conviction,although ordinarily an extra judicial confessionshould be corroborated by some other material videThimma vs. The State of Mysore – AIR 1971 SC 1871,

Mulk Raj vs. The State of U.P. – AIR 1959 SC 902,Sivakumar vs. State by Inspector of Police – AIR 206SC 563 (para 41 & 42), Shiva Karam Payaswami Tewarvs. State of Maharashtra – AIR 2009 SC 1692, Mohd.Azad vs. State of West Bengal – AIR 2009 SC 1307. Inthe present case, the extra judicial confession byBalwan has been referred to in the judgments of the

learned Magistrate and the Special Judge, and ithas been corroborated by the other material onrecord. We are satisfied that the confession wasvoluntary and was not the result of inducement,threat or promise as contemplated by Section 24 ofthe Evidence Act.

The learned Magistrate and the Special Judge havediscussed in great detail the prosecution evidence,oral as well as documentary and have found theappellant guilty. The High Court has affirmed thatverdict and we see no reason to take a different view.The appeal, therefore, stands dismissed.

Before we part with this case, we would like torequest the Central and State Governments and theiragencies to make all efforts to preserve the wild lifeof the country and take stringent actions againstthose who are violating the provisions of the Wildlife(Protection) Act, as this is necessary for maintainingthe ecological balance in our country.

EIA-WPSI SIRSHENDU MOOKHERJEE

Tiger skin costume at Litang Horse Festival, Aug 2005, Sichuan Province, China

The Government of Assam, being conscious ofthe vulnerability of Forest land and Forestbased resources in forest area as well as wildlife

in Protected and Reserved Forest areas of the state tomounting threats to their conservation, protectionand existence have decided to arm forest personnelof the State with fire arms. The Government of Assamis aware that the use of fire arms in discharge of theirmandated duty and responsibility, may expose forestpersonnel to vexatious criminal proceedings and thatthere is need to provide them immunity fromprosecution without prior sanction.

Now, therefore, in exercise of the power andconferred by sub-section (3) of section 197 of theCode of Criminal Procedure, 1973 (2 of 1974) and allother powers enabling him in that behalf, theGovernor of Assam is hereby pleased to direct that:-(a) The provisions, as envisaged in sub-section (2) ofSection 197 of said Code shall apply to all forestofficers including Game Watchers, Forest Guards,

Foresters, Forest Rangers, Assistant Conservator ofForests, Deputy Conservators of Forest, DivisionalForest Officers, Conservators of Forests, ChiefConservators of Forests, Principal Chief Conservatorof Forests, Members and Supervisory Officers ofAssam Forest Protection Force in the State of Assamand who are charged with maintenance of publicorder relating to forest and wildlife protection,conservation and management.(b) Wherever firing is resorted to by any personnelmentioned in Clause (a) above, each such incidentshall be enquired into by an Executive Magistrate ofthe locality, and any proceeding including institutionof a criminal case of any nature or effecting an arrestcan be initiated by the Police, only if, it is held, as aresult of the Magisterial Enquiry that use of firearmshas been unnecessary, unwarranted and excessiveand such report has been examined and accepted bythe Government. It extends to the whole of Assam.and it shall come into force at once.


INITIATIVES

ASSAM SHOWS THE WAY FIRE POWER TO ALL FOREST PERSONNEL TO PROTECT NATURAL HISTORY

Minister Jairam Ramesh has congratulated TRCs forfinalizing an ambitious Global program for restoring

wild tiger populations to levels achieved in the late 90s.The Global Tiger Recovery program (GTRP) is to be adoptedby Heads of Government who are to meet at a first of itskind Tiger Summit in St Petersburg Russia in November.The Summit is to be hosted by Prime Minister Putin andjoined by World Bank President Mr Zoellick.

The two day workshop which the Minister inaguratedearlier, was organized by the Ministry of Environment andForests through the NTCA and co-hosted by the GlobalTiger Initiative of the World Bank and its partners.

The GTRP has emerged from a year long consultationprocess in which TRCs have taken the lead in learning fromeach other about best practices and for defining priorityactions to be taken to deal with the crisis of extinctionfacing the Tiger. The decades long experience of India andits experts gained through Project Tiger has been avaluable input into the GTRP. Early actions to implementpolicy and insitutional actions have begun in TRCs.

Minister Jairam said: " I welcome the consultativeknowledge based process undertaken by GTI through MrZoellick's initiative which has brought all TRCs on the same

platform. I look forward to present the finalized GTRP at theupcoming Summit on behalf of TRCs. India is happy toshare its expertise and work with the Bank on furtherenhancing the capacity of Indian wildlife institutionsworking with global leaders on this agenda.

Referring to the poorly understood value of tigerlandscapes, Minister Ramesh said: " I would urge oureconomists and conservationsists to come together andhelp develop a better understanding by all of us, includingpolicy makers in other sectors, of the enormous valueprovided by the tiger landscapes."

According to GTI, the GTRP has a high probability ofsuccess because all 13 TRCs are working in concert, with ahigh level of political commitment to implement acomprehensive program which will be supported andclosely monitored by the global community.

Mr Keshav Varma, Program Director of GTI said: " Some40 years ago India made a huge commitment to wild tigerconservation through the launch of Project Tiger andthrough this workshop, which led to the finalization of theGTRP, India is now setting the stage for a global recovery ofwild tigers and protection of the economic and bio diversityvalues of these habitats."

Minister Jairam Ramesh Congratulates Tiger Range Countriesfor finalising a Global Program to recover wild tigers.


CONFLICT

MEASURES TO TACKLEHUMAN-TIGER CONFLICT

There have been severalinstances of human-tigerconflict during the recent

past. This has become almost arecurring feature at some placessince the last two years, onaccount of tigers straying outfrom source areas to otherlandscapes having varied landuses. In this context, thefollowing urgent measures aresuggested:

(1) Identifying the "crisisspots"/"district" in the State.

(2) Putting in place at least 3"Rapid Response Units" in suchspots to readily address theproblem for capturing the animalto avoid lethal encounters.

The "Rapid Response Team"suggested above needs to beequipped with the following:

(i) A field van/mini-truck withbuilt in rails for accommodating atrap cage, with space forequipments, attendants and staff.

(ii) A tranquilization kit withdrugs for chemicalimmobilization.

(iii) 2 mobile phones forcontinued communication withthe authorities.

(iv) 4 wireless handsets.(v) 2 GPS sets.(vi) 1 long ranging night vision

for seeing objects in the dark.(vii) A digital camera.(viii) 4 trap cages (2 for tiger

and 2 for leopard).(ix) 1 mini-tractor for

transporting the cage in ruggedterrain.

(x) 2 search lights.(xi) 2 radio collars with receiver

and antenna.(xii) 2 portable tents(xiii) 2 folding chairs with table.

(xiv) Hand audio system.(xv) Rope and net.In all instances of wild

carnivores like tiger/leopardstraying into a human dominatedlandscape, the district authoritiesneed to ensure law and order byimposing Section 144 of theCr.PC. This is essential to avoidagitated/excited local people

surrounding the animal spotwhich hampers capture operation,leading to serious injuries onpeople and staff. Further, thelocal people should beinadequately alerted by districtauthorities for avoiding the areabeing traversed by the strayingcarnivore. The rapid rescue teamis required to ensure unobtrusiveclose monitoring of the animalwith least disturbance, fortracking its movement. Inaddition, at places which are notwaterlogged, camera traps shouldbe set up (fixed to a post or atree) for establishing the identity

of the animal. The rapid rescueteam also requires due capacitybuilding and 'hands on' fieldtraining involving the WII. Since itmay not be always possible forexperts from the WII to provideassistance, it is also advised thatsome outside experts may beinvolved in the ongoingmonitoring.

It is requested that a proposalpertaining to above may kindly besent to this Authority for needfulassistance from this end.

COMPENSATION FOR LOSS The Government of India has

decided to request the StateGovernments of increasing theamount of ex-gratia payment incases of death or permanentincapacitation of any person by awild animal from Rs. 20,000 to Rs.1,00,000. The State Governmentsmay authorize local officers topay atleast 25% of this amount asinterim relief to the family of thedeceased incapacitated personafter due verification inanticipation of formal sanction.The balance amount could bereleased after completing theformalities prescribed by the StateGovernment. The compensation ingrievus injuries would continue tobe 1/3rd of the amount fixed forcases of death/permanentincapacitation.

It is also clarified thatreimbursement of the amount ofcompensation by this Ministryunder various schemes of wildlifeconservation would be made onthe enhanced rates only, subjectto availability of funds, in respectof incidents that occur after theissue of this circular.

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With dwindling global population, estimation ofthe minimum number of tigers has alwaysbeen curiosity to wildlife researchers as well

as to protected area managers. In this study, we haveused DNA-based techniques for identification of tigerindividuals from their fecal (scat) samples to countthe minimum number of tiger present in Buxa TigerReserve (BTR), West Bengal, India. This work wasundertaken upon the request and financial supportfrom BTR Authority. Scat samples collected by BTRauthority were handed over to Wildlife GeneticsLaboratory of Aaranyak situated at Guwahati, Assam,India. We have used genetic markers developed byother Researchers to identify tiger scats from othersympatric carnivores such as leopard. We have used aset of highly polymorphic microsatellite markers to

identify tiger individuals and sex chromosome linkedmarkers to identify gender of the tiger scat samples.We have maintained stringent laboratory conditionsfor assessing and minimizing error associated withgenetic identification of individuals. We herebyconfirm the presence of 15 individual tigers,including 3 male and 9 female tigers. For threeindividuals, we could not determine the genderidentity following the methodology described in thisstudy. Our study shows that DNA-based techniquesof identification of individual tigers may beconsidered as a practical and low cost option forpopulation estimation and long term monitoring ofthis species in the protected areas of India.© Aaranyak 2010 and West Bengal ForestDepartment, India

Genetic Assessment of theStatus of Tigers in Buxa

tiger reserve, West Bengal

MANAGEMENT

Dr Jyoti Mirdha (Member of Parliament, Lok Sabha) and Prof. Saif-ud-Din Soz(Member of Parliament, Rajya Sabha) are appointed as members in the

National Tiger Conservation Authority

Published and printed by Inder Mohan Singh Kathuria on behalf of National Tiger Conservation Authority. Published at Annexe No 5, Bikaner House, Shahjahan Road, New Delhi - 110011 and

printed at Astha Packaging, 122 DSISC Sheds, Okhla Phase I, New Delhi - 110020

STRIPES | BI-MONTHLY OUTREACH JOURNAL OF NATIONAL TIGER CONSERVATION AUTHORITY,A STATUTORY BODY UNDER MINISTRY OF ENVIRONMENT AND FORESTS, GOVERNMENT OF INDIA

VOLUME ONE FOR FREE DISTRIBUTION ISSUE SIX

DELENG/2009/30636

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