The Gauhati High Court addressed a public interest litigation that sought urgent judicial intervention to control large-scale illegal fishing activities in the water bodies of Kaziranga National Park and Tiger Reserve in Assam. The division bench, comprising the Chief Justice and another judge, heard the petition filed by an environmental activist who highlighted that every year during the Magh Bihu festival, hundreds and often thousands of people enter the protected national park to engage in so-called traditional fishing practices. According to the petitioner’s counsel, these mass fishing activities take place in violation of wildlife protection laws and disrupt the already fragile ecosystem of the Kaziranga National Park, which is home to endangered species such as the one-horned rhinoceros, various migratory birds and around forty-two species of fish. The petitioner urged the High Court to direct the state government and relevant authorities to take effective measures to prevent the annual influx of people into the park for fishing and to ensure strict enforcement of prohibitory orders that have been issued by the state.
During the hearing, counsel for the Assam Forest Department acknowledged that prohibitory orders are regularly issued to control illegal fishing in the park’s water bodies, but pointed out that enforcement remains challenging due to the sheer number of people who enter the site with religious fervour during the Magh Bihu festival. The government representative indicated that although the prohibitions are in place, the practical difficulty of executing these orders against large congregations had limited their effectiveness. In light of these submissions, the High Court emphasised that protecting the wildlife sanctuary from unlawful entry and fishing is essential, not only to uphold the statutory mandates of the Wildlife Protection Act and the Forest Conservation Act, but also to fulfil constitutional obligations relating to environmental protection. The bench observed that failing to enforce the prohibitory orders would constitute a breach of the government’s obligations under environmental law and could jeopardise both the ecological balance of the protected area and the conservation of its biodiversity.
The Court made it clear that it was necessary for the Assam government to ensure that the prohibitory orders are not merely issued on paper, but are actually enforced in a manner that prevents large-scale illegal fishing activities within the boundaries of the national park. The judges directed the Standing Counsel for the Forest Department to file an affidavit detailing the steps taken by the respondents to control such illegal practices and to explain how these activities could be effectively curtailed in the future. The High Court stressed that the matter required immediate attention and that clear, effective action plans must be formulated and implemented to protect the park’s ecosystem. By issuing this directive, the High Court underscored the importance of stringent enforcement of prohibitions in threatened ecological zones, particularly during periods when traditional festivals draw large crowds into sensitive conservation areas. The court listed the matter for a future date, signalling its intent to review the government’s progress in enforcing the prohibitory orders and in documenting the measures taken to prevent illegal fishing in Kaziranga National Park.
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