Gauhati High Court Directs Enforced Prohibitory Measures to Safeguard Kaziranga National Park

Court Mandates Protective Actions Against Large-Scale Fishing During Magh Bihu Festival to Preserve Endangered Species and Ecosystem

The Gauhati High Court has mandated stringent enforcement of prohibitory orders to curb illegal fishing activities in Kaziranga National Park during the Magh Bihu festival. This directive comes as a response to a Public Interest Litigation (PIL) filed by Rohit Choudhury, highlighting the significant ecological threat posed by the annual large-scale fishing during the festival, which is celebrated between January 13 and 14.

The court, presided over by Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury, underscored the violation of wildlife protection laws, which threatens the biodiversity of the park, home to endangered species such as the one-horned rhinoceros and various migratory birds. Kaziranga National Park, a UNESCO World Heritage Site, sees multitudes entering its premises for traditional fishing practices during this festival, jeopardizing its fragile ecosystem.

The petitioner, represented by Advocate A. Phukan, argued that these activities disrupt the park's ecosystem and violate the Wildlife Protection Act of 1972, the Forest Conservation Act of 1980, and constitutional obligations under Article 48A of the Indian Constitution, which mandates the state to protect and improve the environment.

In response, D. Gogoi, the Standing Counsel for the Forest Department, acknowledged the issue and informed the court of existing prohibitory orders. However, he pointed out challenges in implementation due to the large gatherings during the festival.

The court has now directed the respondents to ensure that prohibitory orders are effectively enforced and has asked for a detailed affidavit on the measures undertaken to control these activities. This affidavit is to be submitted by the first week of January 2026, prior to the Magh Bihu festival, to ensure compliance with both national and international environmental obligations.

The court has scheduled the next hearing for January 7, 2026, to review the affidavit and assess further action required to protect Kaziranga's ecosystem from the adverse impacts of the festival activities.

Bottom Line:

Public Interest Litigation (PIL) - Prohibition of large-scale fishing activities in Kaziranga National Park during Magh Bihu festival to protect biodiversity and fragile ecosystem - Necessity to enforce prohibitory orders under Wildlife Protection Act, 1972, Forest Conservation Act, 1980, and constitutional obligations under Article 48A of the Constitution of India.

Statutory provision(s): Wildlife Protection Act, 1972; Forest Conservation Act, 1980; Article 48A of the Constitution of India

Rohit Choudhury v. State of Assam, (Gauhati)(DB) : Law Finder Doc Id # 2822045