An ongoing tussle between the Assam government and the Supreme Court over the status of the Pobitora Wildlife Sanctuary has reignited fear of losing their homes and livelihood among villagers in Assam’s Morigaon district.
The sanctuary, often referred to as “Mini Kaziranga” for its significant population of the endangered one-horned rhino, has drawn attention not only for its rich biodiversity but also for the decades-long friction between residents and conservation regulations.
Pobitora was declared a wildlife sanctuary on 17 March 1998, following a notification by the Assam State Forest Department. This notification was meant to safeguard the region as a habitat for rhinos and other species. The move, however, has been contentious due to the impact on local communities who have historically lived and cultivated the area within and around the sanctuary. The tension between the villagers and the government started back then because the declaration was made without a settlement of claims over land by residents, particularly those from marginalized communities, including Scheduled Castes and Tribes. This led to disputes over land rights and sparked legal battles.
Villagers have long been demanding better access to land they had been using traditionally for agriculture and livelihood practices. For example, villages such as Thengbhanga, Murkata, and Raja Mayong—some of which are within the sanctuary boundaries—argue that their lands were included in the sanctuary zone without addressing their customary rights.
The Assam government recently attempted to address these community grievances by rescinding the sanctuary’s protected status. However, this decision raised concerns about the loss of habitat for the rhinos, leading to an appeal in the Supreme Court. On 14 March 2024, the Supreme Court issued an interim stay on the Assam government’s move, blocking the de-notification of Pobitora as a sanctuary until further review. The court highlighted that changing the sanctuary's status without the necessary approvals from the National Board for Wildlife (NBWL) conflicted with existing wildlife protection laws.
The Supreme Court directed a thorough examination of residents’ rights before making changes to the sanctuary’s status. The court also emphasized that any further actions must align with national and international conservation standards, acknowledging the significant biodiversity in this area, which includes species such as leopards, jungle cats, and the unique Chinese pangolin.
Biswas, a Bengali Hindu farmer belonging to a Scheduled Caste, fears that he might get evicted from his land in Murkata II once the boundary issue is resolved. But like many of his neighbours, he draws solace from his "miyadi patta", a land ownership record. Many villagers got their pattas in 2000, but others have held theirs for longer, he claimed. “Some of these pattas even date back to the 1950s,” Biswas added.
The indigenous Assamese population in the region is primarily composed of the Lalung and Karbi tribes.
Demand/Contention of the Affected Community
Demand to retain/protect access to common land/resources
Demand for better access to common land/resources
Demand for legal recognition of land rights
Other Demand/Contention of the Affected Community
Region Classification
Rural
Type of Land
Common and Private
Forest and Non-Forest
What was the action taken by the police?
How many people did the police detain or arrest?
What is the current status of the detained/accused persons?
Did the person face any violence while in police custody?
If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?
If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?
Legislation under which the accused was charged
Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?
In cases where the accused person approached the court for bail, was bail granted?
Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?
Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)
Status of Project
Original Project Deadline
Whether the Project has been Delayed
Significance of Land to Land Owners/Users
Agricultural land, Residential area, Grazing, Religious/Sacred/Cultural value, Other Natural Resource extraction/dependence, Government or community-regulated urban commons
Whether the project was stalled due to land conflict
Source/Reference
Total investment involved (in Crores):
₹
Type of investment:
Year of Estimation
Has the Conflict Ended?
No
When did it end?
Why did the conflict end?
Categories of Legislations Involved in the Conflict
Legislations/Policies Involved
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Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Whether claims/objections were made as per procedure in the relevant statute
No
What was the claim(s)/objection(s) raised by the community?
What was the Decision of the Concerned Government Department?
Legal Processes and Loopholes Enabling the Conflict:
Lack of legal protection over land rights
Non-implementation of land reform laws
Non-implementation/violation of PESA
Scheduled Tribe status or lack of status
Non-implementation/violation of FRA
Non-consultation with stakeholders
Legal Status:
In Court
Status of Case In Court
Pending
Whether any adjudicatory body was approached
Name of the adjudicatory body
Name(s) of the Court(s)
Supreme Court of India
Case Number
Writ Petition(s)(Civil) No(s). 202/1995
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Whether criminal law was used against protestors:
No
Reported Details of the Violation:
Date of Violation
Location of Violation
Government Departments Involved in the Conflict:
Assam Forest Department, Revenue Department, Assam Chief Secretary (Forests), National Board of Wildlife, Chief Wildlife Warden and the Field Director (Pobitora Wildlife Sanctuary)
PSUs Involved in the Conflict:
Did LCW Approach Government Authorities for Comments?
Name, Designation and Comment of the Government Authorities Approached
Corporate Parties Involved in the Conflict:
Did LCW Approach Corporate Parties for Comments?
Communities/Local Organisations in the Conflict:
What was the action taken by the police?
How many people did the police detain or arrest?
What is the current status of the detained/accused persons?
Did the person face any violence while in police custody?
If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?
If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?
Legislation under which the accused was charged
Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?
In cases where the accused person approached the court for bail, was bail granted?
Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?
Were there any other notable irregularities that took place, or other significant details?
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