WILDLIFE CONFLICT, RURAL LIVELIHOOD ECONOMICS, AND CONSTITUTIONAL RIGHTS IN ASIA: A STUDY OF EMERGING LEGAL TRENDS ACROSS THE ASIAN REGION

DOI: https://doi.org/10.5281/zenodo.20149884

Authors:

Ms. Shreya Saini, Dr. Archana Vashishth, Dr. Teena

Abstract:

Human wildlife conflict (HWC) has emerged as one of the most pressing environmental and socio legal challenges in contemporary India. As human populations expand and developmental activities intensify, the natural habitats of wildlife are increasingly encroached upon, leading to frequent interactions between humans and wild animals. These interactions often result in loss of human life, destruction of crops, livestock depredation, and retaliatory killing of wildlife. The issue is no longer confined to remote forest regions but has become widespread across rural and peri urban areas. India, being one of the world’s most biodiverse countries, faces a unique challenge in balancing conservation objectives with the livelihood needs of its population. The Wildlife (Protection) Act, 1972 provides a robust legal framework for wildlife conservation; however, it often operates in tension with the socio-economic realities of communities living in close proximity to forests. This tension raises important constitutional questions regarding the reconciliation of environmental protection with fundamental rights, particularly the right to life and livelihood under Article 21. The constitutional framework in India provides a strong basis for environmental protection. Article 21 has been expansively interpreted by the judiciary to include the right to a clean and healthy environment, while Article 48A and Article 51A(g) impose duties on the State and citizens to protect wildlife and ecological balance. However, the practical implementation of these principles often leads to conflicts between conservation priorities and human welfare. This paper seeks to critically analyse the legal and constitutional dimensions of human–wildlife conflict in India. It examines the evolving jurisprudence, highlights key challenges, and explores recent trends that are reshaping the discourse. It also evaluates how the law attempts to strike a balance between competing interests and offers recommendations for a more integrated and sustainable approach.

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