T.N. GODAVARMAN THIRUMALPAD versus UNION OF INDIA & OTHERS

T.N. GODAVARMAN THIRUMALPAD versus UNION OF INDIA & OTHERS

Red sandalwood (Pterocarpus Santalinus), an endemic and endangered species found only in India and listed in both CITES and IUCN as threatened, must be included in Schedule VI of the Wild Life (Protection) Act, 1972. Sandalwood (Santalum album Linn), listed as vulnerable in the IUCN Red List, requires serious attention, and the Central Government is directed to review its status in consultation with the National Board for Wildlife; States must immediately close unlicensed sandalwood oil factories and regulate licensed ones. Directions follow ecocentric principle for conservation.

Parties
Applicant: T.N. Godavarman Thirumulpad; Respondents: Union of India & Others
Jurisdiction
India
Judgment Date
13 February 2012
Procedural Posture
Writ Petition (civil) / Disposition of Interlocutory Applications
Outcome
Interlocutory applications disposed of; directions issued.
Legal Topics
Wildlife Protection, Endangered Species, Ecocentric and Anthropocentric Principles, Conservation Policy, Schedule VI Plants
Environmental Law Constitutional Law Wildlife Protection Endangered Species Ecocentric and Anthropocentric Principles Conservation Policy Schedule VI Plants

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Parties

T.N. Godavarman Thirumulpad

Applicant

Union of India & Others

Respondents

Procedural Posture

Writ Petition (civil) / Disposition of Interlocutory Applications

Legal Issues

  1. 1 Whether sandalwood (Santalum album Linn) should be declared as a 'specified plant' under s.2(27) of the Wild Life (Protection) Act, 1972 and included in Schedule VI
  2. 2 Conservation and regulation measures for sandalwood and red sandalwood

Ratio Decidendi

Red sandalwood (Pterocarpus Santalinus), an endemic and endangered species found only in India and listed in both CITES and IUCN as threatened, must be included in Schedule VI of the Wild Life (Protection) Act, 1972. Sandalwood (Santalum album Linn), listed as vulnerable in the IUCN Red List, requires serious attention, and the Central Government is directed to review its status in consultation with the National Board for Wildlife; States must immediately close unlicensed sandalwood oil factories and regulate licensed ones. Directions follow ecocentric principle for conservation.

Court Disposition

Interlocutory applications disposed of; directions issued.

Orders

  • Central Government to include Red Sanders in Schedule VI of the Wild Life (Protection) Act, 1972 within six months.
  • Central Government to examine status of sandalwood (Santalum album Linn) and decide on its inclusion in Schedule VI in consultation with NBWL within six months.