Wars in the woods

Responsible for protecting flora, fauna and the entire natural ecosystem, the rangers are a pitiable lot. Unarmed, untrained, they face poachers’ and encroachers’ superior firepower and even get ensnared in long legal tangles when they are forced to use their own firearms in self-defence. An analysis

- Kaustubh Shukla

THE Supreme Court, in a recent case, TN Godavarman Thirumulpad, expressed serious concern over the safety and security of forest rangers. As per Article 48A part IV of the Constitution of India, it is the duty of the state to safeguard forests and wildlife of India which can only be done by protecting the officials who are protecting the forests. As per Article 51A(g) of the Constitution, it is the fundamental duty of every citizen to protect wildlife and forests.

Since it is the responsibility of every state and Union Territory to protect forests and forest officers within its jurisdiction, the respective states enact forest protection legislation for their forest departments, etc.

Before progressing further, one needs to examine the settled position as per the Constitution of India.

Forests fall in Schedule VII List-III (Concurrent List) entry 17A of the Constitution. Subjects enumerated in this List fall within the domain of both the Union and the state. It is also a settled legal proposition that primacy always rests with the Union on such subjects on the Concurrent List, which is List-III. Therefore, the Union of India should also extend equal support to the state governments to enable them to protect the forests, forest officers and the spirit of the Constitution.

SCOPE OF WORK

One must also understand the scope of work of a forest ranger, the challenge which he faces and the need for a practical solution for those challenges. The spirit of the Constitution is always protected by the person who is working at ground zero, such as rangers protecting the forest with their men deep in the woods.