In a landmark intervention for wildlife conservation, the Rajasthan High Court has ordered an immediate stay on all construction, mining, and unregulated tourism within the ecologically fragile Jawai leopard reserve. Invoking the constitutional right to life, the court underscored that the preservation of leopard habitats is a “constitutional imperative” that transcends administrative policy.
The division bench of Justice Pushpendra Singh Bhati and Justice Sandeep Shah issued the directive while hearing a Public Interest Litigation (PIL) that raised alarms over the degradation of the Jawai region. The area, located near Sumerpur in the Pali district, is home to an estimated 50 to 70 leopards and is globally recognized as a unique model of human-wildlife coexistence.
The court’s order was anchored in a profound ecological philosophy, with the bench observing, “Earth does not belong to man; man belongs to Earth.” The judges held that any interference with these habitats constitutes a violation of enforceable constitutional obligations.
The bench linked the protection of wildlife directly to Article 21 of the Constitution, asserting that the guarantee of life and personal liberty is inseparable from ecological balance. The court further emphasized that the state’s failure to protect these habitats would undermine the mandates set forth under Articles 48A and 51A(g), which task the state and citizens with protecting the natural environment.
To prevent irreversible environmental harm, the High Court has ordered a strict status quo across the Jawai landscape. The specific prohibitions include:
- Construction & Mining: A total ban on mining activities and a freeze on all new construction work without the express permission of the court.
- Tourism & Safaris: An immediate halt on the issuance of new tourism licenses. The existing ban on night safaris will remain in effect.
- Fencing: A prohibition on the installation of barbed wire fencing, which often poses a physical threat to wildlife movement.
Addressing the “regulatory vacuum” caused by the region’s complex mix of forest, revenue, and private lands, the court made it clear that land ownership issues cannot dilute the state’s duty to protect Schedule-I species like the leopard under the Wildlife (Protection) Act, 1972.
The court has directed the Rajasthan government to examine the feasibility of officially declaring the Jawai region a wildlife sanctuary under Sections 8 and 18 of the Wildlife (Protection) Act. This move could significantly elevate the landscape’s legal protection status.
Furthermore, the court ordered the immediate implementation of a draft set of Standard Operating Procedures (SOPs) for safari operations and habitat protection. To ensure compliance, a multi-departmental body—the Jawai Safari and Eco-tourism Coordination Committee—has been directed to begin functioning immediately.
The state and Union authorities are required to file a compliance affidavit detailing the steps taken pursuant to these orders before the next hearing, which is scheduled in six weeks.
