Supreme Court Pushes Protection for Chambal Forest Guards

Supreme Court Pushes Stronger Protection For Chambal Forest Guards

Why in News ?

The Supreme Court directed Uttar Pradesh, Madhya Pradesh, and Rajasthan to consider granting prosecution immunity to forest guards fighting illegal sand mining in the National Chambal Gharial Sanctuary. The Court also issued strict directions to strengthen surveillance and environmental protection measures, emphasizing the need for proper environmental clearances and adherence to the precautionary principle.

Supreme Court Clarifies Sentencing Role in Appeals

Supreme Court’s Directions On Forest Guard Protection:

  • A Bench of Justice Vikram Nath and Justice Sandeep Mehta asked States to examine prosecution immunity for forest guards under Section 218(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
  • The immunity would protect officials from legal prosecution for bona fide actions taken while combating illegal mining activities.
  • The Court observed that frontline forest personnel should not fear legal harassment while performing official duties.
  • The direction came after brutal killings of forest guards in Madhya Pradesh and Rajasthan by illegal sand miners.
  • States were directed to submit compliance reports before the next hearing regarding measures taken for forest staff protection.

Measures Against Illegal Sand Mining In Chambal

  • The Supreme Court expressed serious concern over rampant illegal sand mining damaging the fragile Chambal ecosystem, noting that many mining operations proceeded without proper environmental clearance or ex post facto approvals.
  • The Court stated that continued inaction by States reflected possible administrative apathy and tacit connivance, undermining principles of environmental democracy.
  • Directions were issued under Article 142 of the Constitution to ensure “complete justice” and environmental protection, reinforcing the polluter pays principle in environmental jurisprudence.
  • States were ordered to strengthen field-level enforcement, surveillance, and patrolling in protected areas, ensuring compliance with EIA notification requirements and environmental impact assessment protocols.
  • The Court also directed installation of CCTV cameras, live-streaming systems, and faster recruitment of forest personnel within one year to ensure a pollution free environment.

About Chambal Sanctuary And Illegal Sand Mining :

●  The National Chambal Gharial Sanctuary is spread across Madhya Pradesh, Rajasthan, and Uttar Pradesh.

●  It was established for the conservation of the critically endangered gharial, along with dolphins, turtles, and other aquatic species.

●  Illegal sand mining causes severe damage to river ecosystems, groundwater systems, and wildlife habitats, often operating without mandatory environmental clearances or through retrospective environmental clearances granted post facto.

●  Article 48A of the Constitution directs the State to protect and improve the environment and wildlife, while the Forest Conservation Act provides the legal framework for forest protection and regulated activities in protected areas.

●  The Supreme Court often invokes Article 142 to issue extraordinary directions in matters involving environmental protection and public interest, applying principles of environmental jurisprudence including the precautionary principle and polluter pays principle to safeguard the right to a pollution free environment.