Judgment 1. Proceedings of yesterday were adjourned to today as the officials who had attended Court, mentioned in the order dated 17.5.2001, were to go into a conference to chalk out the remedial measures in an effort to save the dolphins. 2. Yesterday, the Court had recorded that the affidavits which have been filed by the Union of India and the State of Bihar, the Court would reserve its comments. 3. The Government of India was plainly submitting that the State of Bihar sent a proposal on 14 May, 2001 seeking financial assistance of Rs. 5.02 lacs for the paraphernalia required for the programme to save the dolphins. The amount has been sanctioned forthwith. The meaning is very clear that as a face saving device any effort which the State of Bihar has done was after the Court had issued notice on this writ petition. No sooner the State Government was put under notice, it put itself into a get-set-go position to create an impression that it was a very active participant in the programme to save dolphins. It was nothing of the sort. 4. Unfortunately, the record as it lies with the State of Bihar on this particular project has its origin in 1991. The dolphin area had been declared a sanctuary by a Government Order S.O. 382 dated 7.8.1991. Thereafter, in reality and fact, nothing had been done until 2001, a span of 10 years until this Court issued notice and expressed its concern on the incidents of dolphins killing by the local fishermen. A justification was attempted by the State of Bihar that it had written to the Government of India vide its letter No. 711 E dated 28 May, 1994 for approval and sanction of a scheme but after several reminders the scheme has not been sanctioned by the Central Government. The submission was easily made but the records were showing otherwise. On this very context the Government of India was asking the State of Bihar to give its clear-cut views on five points for the programme to protect the dolphins. These are; "1. What are the biotic access and disturbance in the area now. 2. What are the communities using the area now including their number, and how their life style will be sustained in future. 3. Is the proposal of establishment of the sanctuary approved by Wildlife Advisory Board of the State. 4. These are; "1. What are the biotic access and disturbance in the area now. 2. What are the communities using the area now including their number, and how their life style will be sustained in future. 3. Is the proposal of establishment of the sanctuary approved by Wildlife Advisory Board of the State. 4. What is the recommendation of the scientific researcher of Dolphin of Patna University in the matter. 5. When the newly proposed staff is expected to be placed for control of the sanctuary." 5. No clear-cut answers were ever given by the State Government. The Court found that the correspondence just took one back to 1993 by referring to earlier correspondence of the previous year in a style typical of the babu and the red tape; a colonial exercise which does not shed itself so easily. But files tied with red tape and references to earlier letters will not save the dolphin. In caring for the enviroment and ecology one has to perceive with eyes and ears. This is a sample case which only confirms that those who deal with office files and file pushers like them have no respect to the obligation declared by the Constitution of India, as a fundamental duty to protect and improve the environment and ecology. These are the forests, the lakes, the rivers, the wild life and a sense of compassion for living creatures. This is the declaration in Article 51A For the State, in Article 48A, the Constitution makes a pointed reference that the State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country. So far the State of Bihar did nothing, literally nothing on a ten year old programme to respect and protect the dolphin. 6. But the most redeeming feature on which the Court feels satisfied is that eight District Magistrates, some Superintendents of Police including Commissioner and Secretary, Department of Forests and Environment, Govt, of Bihar and the Additional Secretary, department of Forest and Environment, attended the Court. No justification was given for the past. In fact it was gracefully acknowledged that on official records the exercise to protect the dolphin in the past ten years is an embarrassing zero. 7. No justification was given for the past. In fact it was gracefully acknowledged that on official records the exercise to protect the dolphin in the past ten years is an embarrassing zero. 7. It appears that yesterday, in the evening, the Officers sat down and deliberated on an exercise on the remedial measures, so that their concern in saving the dolphins was becoming a reality. Today Mr. V.Jaya Shankar, IAS, Commissioner and Secretary, Department of Forests and Environment, who took charge of his assignment only yesterday, placed before the Court the measures which have been outlined for the protection of the Dolphins. It will only be appropriate that these minutes be reproduced in this order. These are: "Pursuant to the order of the Honble High Court, Patna, a meeting was organised under the Chairmanship of the Commissioner and Secretary, Dept. of Forest and Environment. Following Officers were present in the meeting: 1. Sri V. Jaya Shankarcommissioner and Secretary, Dept. of Forests Env., Govt, of Bihar. 2. Sri N.P. singhPrincipal Chief Conservator of Forest and Chief Wildlife Warden, Bihar, Patna. 3. Sri P.R. Sinha-Member Secretary, Central Zoo Aut. of India, Govt, of India, New Delhi. 4. Sri Deepak PrasadDistrict Magistrate, Patna. 5. Sri U.K. KarnAdditional Secretary, Dept. of Forest and Env., Govt, of Bihar. 6. Sri (Dr.) R.K. Sinha (Special invitee) Professor, Department of, Forest and Env., Govt, of Bihar. 7. Sri B.L. ChoudharyAdvisor, Env. Dept. of Forests and Env., Patna. 8. Sri N.K. ChoudharyD.D.C., Bhagalpur. 9. Sri S.A. RajikD.D.C., Saran. 10. Sri Ranvir SinghDy. Advisor, Env., Dept. of Forest and Env., Patna. The grave concern expressed by the Honble Patna High Court regarding poaching and killing of Dolphins in river Ganges in general, and in the Ganga-Gandak confluence in particular, was communicated to all the officers present in the meeting. Suggestions for urgent short-term and long term measures were invited from all officers present and especially from Prof. R.K. Singh a well known expert on the Subject of Dolphins in the Ganges. Prof. Sinha gave detailed information regarding dolphins occurrence, habitat, threat to it, etc. Dr. Sinha informed that Gangetic dolphin (Platanis- ta gangetica) is found in the Ganges-Brahmaputra- Meghna and Karanphuli river system of India, Nepal and Bangladesh. There are about 2000 dolphins in these river system & about half of this is found in Bihar. The maximum concentration of dolphin population is found between Buxar to Rajmahal. Dr. Sinha informed that Gangetic dolphin (Platanis- ta gangetica) is found in the Ganges-Brahmaputra- Meghna and Karanphuli river system of India, Nepal and Bangladesh. There are about 2000 dolphins in these river system & about half of this is found in Bihar. The maximum concentration of dolphin population is found between Buxar to Rajmahal. From Doriganj (Chapra) to Fathuwa, there are four major river confluences, where dolphins are found in abundance. During the lean period of summer the occurrence of Dolphin is maximum at the Ganga-Gandak Confluence, where recent killings have taken place. Besides these, Maher Danapur, Fathuwa, Bhagalpur, Kahalgaon area are other hot-spots, where immediate protection measures are required. Principal Chief Conservator of Forest and Chief Wildlife Warden, Bihar described the incidental (unintentional) trapping of dolphins in the gillnet along with fishes/poaching of dolphin, for oil, flesh, bone etc. and ignorance of common people as well as fisherman regarding the protected-Status of dolphins under Wildlife (Protection) Act, 1972 (amended 1991). 2. It was decided in the meeting that the protection and conservation of Dolphin requires two prone strategy: (a) Education and awareness of target group (fisherman) & people residing by the rivers concerned. (b) Strict enforcement of legal provisions with active support of district administration. 3. Following actions were decided to protect and conserve dolphin: (1) Mass awareness campaigns for educating the general public and especially for the fishermen will be organised by Department of Forest and Environment and it will be actively supported by the District administration. The concerned Divisional Forest Officers will be the nodal-officer and they will be in close contact of the concerned District Magistrate and Superintendents of Police. The District Education Officer, Distt. Co-operative Officer, Public Relation Officer, District Fishery Officer, etc. will be actively involved. Meeting with fishermen/Fishermen Co-operative Society, N. GOs etc. will be organised and the need of Conservation and its protected status will be taught to them. The fishermen will be educated to release accidental catch of dolphin from their nest - Use alternative oil as fish-bait. (b) District administration with active support of Forest Dept. will launch campaign to educate common people, children, student on the occasion of World Environment Day, wildlife week Earth Day etc. Exhibits like posters, hand bills, pamphlets, brouchure printed in Hindi will be distributed. (ii) Since dolphin belongs to Catecean gp. of animals it finds its path through echotocation. (b) District administration with active support of Forest Dept. will launch campaign to educate common people, children, student on the occasion of World Environment Day, wildlife week Earth Day etc. Exhibits like posters, hand bills, pamphlets, brouchure printed in Hindi will be distributed. (ii) Since dolphin belongs to Catecean gp. of animals it finds its path through echotocation. It gets trapped in monofilament nylong gill net, Johajaal, zero mesh size net, accidentia The Dept. of Fisheries will be requested to educate fishermen to use alternate nets, atleast in the hot-spots and vulnerable areas of the river stretch. (iv) Protection work and strict enforcement of provisions of Wildlife (Protection) Act, 1972 (amended 1991), It was felt in meeting that the protection of wildlife or protected species like dolphin cannot be successful without the active support of the district administration. Wildlife Crime, poaching, hunting/business etc. should be also included in the responsibility of the district administration. The provisions of Wildlife (Protection) Act, 1972 (amended 1991) will be made available in all thanas and officer-in-charge of the thana. The police will act immediately on getting information regarding crimes related to Dolphin. (b) The district administration. D.M. and S. P. will make available police force to the forest administration for conducting raids. (c) The district adminstration of Patna will keep strict vigil near hot spots of Maner, Danapul, Fatuwah, Patna and Mokarna, Dist. Administration Vaishali at Hazipur & Sonepur, Rewa Ghat, Dist. Administration Monghyr at Monghyr and adjoining fishing pockets, District Administration Bhagalpur at Bararighat, Bhagalpur to Kahalgoan and Vijay Ghat (Kosi river) at Naughachia. They will occasionally conduct raids at these places also, during lean period. Patroling will be also done, occasionally. It was also decided to sensitize the concerned officers of the district to issue order on the pattern of order issued by D.M. Bhagalpur vide letter no. 887 dated 28.4.2001, by the all concerned District Magistrates. Besides these, regular intelligence intelligence gathering monitoring and prosecution of the culprits will be taken by the Police as well as the Forest administration. (v) All the above measures will be also taken in the area of Vikram Shila Gangetic Dolphin Sanctuary. The Dept. of Forest and Environment will allot some more money for public awareness and for printing handouts, pamphlets etc. (v) All the above measures will be also taken in the area of Vikram Shila Gangetic Dolphin Sanctuary. The Dept. of Forest and Environment will allot some more money for public awareness and for printing handouts, pamphlets etc. (vi) Long term measures for protection of Dolphin: It was decided to revise the old management Plan, (with the help of Cetacean group experts) of Vikram Shila Gangetic Dolphin sanctuary. The revised Management Plan will be sent to Ministry of Environment and Forest for financial help and sanction. Other long term measures will include habitat improvement, pollution control of river, control of noise pollution, catehment area treatment etc. The Commissioner and Secretary thanked all the Officers for their valuable suggestions and active co-operation." 8. After deliberations in Court it was felt that the officials could express more freeiy on making out an outline for the project: protecting dolphin. Since this is not an adversary litigation and those present before the Court are all officials of the Government, whether State or Central, the Court, directed the officials to express themselves in Chambers. There was introspection on the project dolphin on which after the Court issued notice at least at present it appears to the Court that the officials have activated themselves. The advice of the Court to the Officials was that there must not be cross blame or shifting responsibility to another Government department and this project to save dolphin should be seen as a collective effort, an aspect sufficiently mentioned in Article 51A the Chapter Fundamental duties, of the Constitution of India. The theme of the project - protecting dolphin-should be a step which encourages (a) the breeding of the dolphin, (b) living with the dolphin and (c) treating river life and habitat, the fishermen not excluded as part of the ecology and environment. 9. India is a signatory to the United Nations Charter and our nation has an obligation under the United Nations Convention on Biological Diversity to provide measures for habitat and species protection. And, while the Biological Diversity Bill, 2000 is still being debated upon, the Fundamental Duties under the Constitution of India obliges the Court to impress upon the citizens and authorities alike, that the dolphin needs care for protection and compassion. Dolphins are not for killing. 10. It was agreed that this matter, before the Court, next be on 21 June, 2001.