Decoding the judgment on Jim Corbett

Context: The Supreme Court's recent ruling on the felling of 6,000 trees in the Jim Corbett National Park sheds light on the intersection of conservation goals, revenue interests, and environmental protection laws in India's forest management.

The judgment:

• Upholding Conservation Principles: Despite existing conservation laws, the ruling exposes the prioritization of revenue over environmental protection, highlighting a departure from the principles laid down in landmark judgments such as Rural Litigation and Entitlement Kendra vs. State of Uttar Pradesh.
• Emphasis on Eco-Centrism: The Supreme Court's directive to shift from anthropocentrism to eco-centrism underscores the need to reevaluate ecotourism practices in national parks like Jim Corbett. The ban on tiger safaris in core areas aims to minimize environmental damage and protect biodiversity.
• Application of Precautionary Principle: By invoking the precautionary principle, the Court emphasizes the urgency of preventing irreversible environmental degradation. The decision not only safeguards tigers but also underscores the need to protect other endangered species and biodiversity hotspots.

What the court missed:

• Lack of Methodological Clarity: While the Court seeks to recover the cost of restoration from responsible parties, the absence of a well-defined methodology for assessing environmental damage poses challenges. Current valuation methods like compensatory afforestation levy and net present value fail to account adequately for ecosystem services.
• Need for Ecosystem-Based Valuation: The Court missed an opportunity to prioritize ecosystem services over revenue-generating activities like ecotourism. A valuation method based on ecosystem services could better capture the true environmental cost and generate more revenue in the long term.
• Reference to International Precedents: Drawing from international precedents, such as the reasoning provided by the International Court of Justice in Costa Rica v. Nicaragua, could have enriched the understanding of methodologies for evaluating environmental damage and compensating for loss.