Syllabus: GS-III & V: Biodiversity & Conservation 

Why in the news?

Ahead of Magh Bihu, the Assam Government issued prohibitory orders banning fishing in the water bodies of Kaziranga National Park and Tiger Reserve, following strict directions from the Gauhati High Court. The move aims to prevent ecological damage caused by large-scale community fishing during festive celebrations.

Background of the issue

• Every year during Magh Bihu, thousands of people enter the floodplains and wetlands inside Kaziranga to practise traditional community fishing.
• While culturally significant, such activities take place inside a legally protected area, making them illegal under environmental laws.
• In December 2025, the High Court took serious note of this recurring practice after a PIL was filed by environmental activist Rohit Choudhury.

What did the Gauhati High Court say?

• The Court observed that fishing inside Kaziranga amounts to a clear violation of:
  • Wildlife Protection Act, 1972: Prohibits any person from entering a sanctuary or National Park for the purpose of destroying or removing wildlife or their habitat without a permit.
  • Forest Conservation Act, 1980: Ensures that forest land is preserved and not used for non-forest activities that could degrade the environment.
  • Article 48A of the Constitution of India, which directs the State to protect and improve the environment.
• It also noted that India has international obligations to protect globally significant biodiversity sites.
• The Court directed the State Government to strictly enforce prohibitory orders, especially during the first and second weeks of January.

Government action and enforcement

• Acting on the Court’s directive, the District Commissioners concerned were made responsible for enforcement.
• They were authorised to take assistance from the Superintendents of Police to prevent any fishing or related activities inside the park.
• The State informed the Court that prohibitory orders are issued regularly, though enforcement remains challenging due to large crowds and religious fervour.

Why fishing in Kaziranga is a serious concern

• Kaziranga is:
  • A UNESCO World Heritage Site
  • An Important Bird Area
  • A Tiger Reserve, with highest density of Tiger in India.
  • Home to the world’s largest population of Indian one-horned rhinoceros, and largest population of Asiatic wild buffalo.
• Community fishing disrupts:
  • Aquatic food chains
  • Breeding cycles of fish
  • Wetland ecology, which supports birds and large mammals.
• Repeated disturbance weakens the ecological resilience of the park, especially during winter when migratory species depend on its wetlands.

Balancing tradition and conservation

• Magh Bihu is a deeply rooted agrarian festival celebrating harvest and community life.
• However, the case highlights a key governance challenge:
  How to respect cultural traditions without compromising ecological laws and protected areas.
• Courts have consistently held that customs cannot override statutory environmental protection, especially in critical habitats like national parks.

Legal and constitutional significance

• Wildlife Protection Act, 1972: Prohibits hunting, fishing, or disturbing wildlife inside protected areas.
• Forest Conservation Act, 1980: Restricts activities that degrade forest land.
• Article 48A: Mandates environmental protection as a duty of the State.
• Article 51A(g): Places a fundamental duty on citizens to protect the natural environment.

The way forward

• Stronger local awareness: Communities must be sensitised about ecological limits and legal boundaries.
• Alternative arrangements: Designated fishing zones outside protected areas during festivals.
• Community participation: Involving local people as conservation partners, not just subjects of enforcement.
• Technology and patrolling: Use of drones, river patrols, and temporary check-posts during peak periods.

Key terms explained

• Prohibitory order: A legal restriction issued by authorities to prevent certain activities.
• Protected area: A legally designated area for conservation, such as national parks and tiger reserves.
• Public Interest Litigation: A case filed to protect public or environmental interest.
• Important Bird Area: A site recognised for global bird conservation.
• Article 48A: Constitutional directive to protect environment and wildlife.

Exam Hook – Key Takeaways

• Cultural practices cannot override wildlife and forest laws in protected areas.
• Courts play a crucial role in environmental governance and enforcement.
• Kaziranga’s protection involves balancing tradition, biodiversity and constitutional duties.

Mains Question
“Festive traditions often come into conflict with environmental protection.” Examine this statement in the context of the fishing ban in Kaziranga National Park.

One-line wrap:
Assam’s fishing ban in Kaziranga during Magh Bihu reaffirms that ecological protection must prevail over harmful traditions in protected areas.

SOURCE