The court asked the state government, forest department and Kaziranga National Park authorities to place on record the steps taken so far to control illegal fishing and to explain how such activities can be effectively prevented in future.
Taking serious note of large-scale community fishing inside the Kaziranga National Park during the Magh Bihu celebrations in mid-January, the Gauhati high court has directed the Assam government and the Kaziranga authorities to strictly enforce prohibitory orders to curb illegal fishing in the protected area.
A division bench comprising Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury passed the direction while hearing a public interest litigation filed by environmental activist Rohit Choudhury.
Observing that continued fishing activities inside the park amount to grave legal violations, the court said protection of Kaziranga is imperative to prevent breaches of the Wildlife Protection Act, 1972, the Forest Conservation Act, 1980, constitutional obligations under Article 48A, as well as India's international commitments.
'In any view of the matter, the protection of such site is necessary... We, therefore, deem it necessary to direct that necessary prohibitory orders must be enforced,' the bench said in its order.
The court also asked the state government, forest department and Kaziranga National Park authorities to place on record the steps taken so far to control illegal fishing and to explain how such activities can be effectively prevented in future.
It termed the issue as one requiring 'immediate attention'.
The bench further directed the respondents to file an affidavit by the next date detailing measures taken to prevent illegal fishing in the park during the first and second weeks of January.
The PIL highlighted that every year during Magh Bihu, celebrated on January 13 and 14, large numbers of people enter Kaziranga's protected water bodies to engage in traditional fishing practices.
Advocate A Phukan, appearing for the petitioner, argued that this recurring activity is in flagrant violation of wildlife laws and has a cascading impact on the park's fragile ecosystem.
Responding to the allegations, D Gogoi, standing counsel for the forest department, submitted that the authorities are aware of the problem and that prohibitory orders are issued regularly to prevent illegal fishing.
However, he said enforcement becomes difficult due to the large number of people congregating in the area during the festival with religious fervour.
Environmentalists have expressed deep concern over the issue, warning that unchecked fishing during the breeding season disrupts aquatic life and food chains critical to the survival of several species.
Conservationists say such activities threaten Kaziranga's biodiversity, including the endangered one-horned rhinoceros, several species of migratory birds and around 42 species of fish, and could irreversibly damage the ecological balance of the park.
They have repeatedly urged the authorities to strengthen enforcement, increase patrolling and engage local communities through awareness programmes to prevent violations during festive periods.
Kaziranga National Park is a UNESCO World Heritage Site and has also been designated an Important Bird Area.
The matter will be taken up again after the respondents submit their affidavit.
Feature Presentation: Aslam Hunani/Rediff
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