Central Information Commission
Mr.Ankur Goyal vs Ministry Of Environment And Forests on 15 September, 2011
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2011/000982/14624
Complaint No. CIC/SG/C/2011/000982
Complainant : Mr. Ankur Goyal,
Room No. 149 (E)
Brahmaputra Hostel
Jawaharlal Nehru University (JNU)
New Delhi - 110067
Respondent (1) : The IG (WL)
Ministry of Environment & Forests,
Govt. of India,
Paryavaran Bhawan, CGO Complex,
Lodhi Road, Delhi - 110 003
Respondent (2) : Mr. R. Mehta,
Advisor,
Ministry of Environment & Forests,
Govt. of India,
Paryavaran Bhawan, CGO Complex,
Lodhi Road, Delhi - 110 003
Respondent (3) : Member Secretary
Central Zoo Authority
Annexe-VI, Bikaner House,
Shahjahan Road, New Delhi-110011
Complaint filed on : 30/08/2011
Hearing Notice Issued on : 01.09.2011
Date of Hearing : 15.09.2011
Facts arising from the Complaint:
The Complainant has filed the present Complaint under Section 18 of the RTI Act (hereinafter 'the Act'), with this Commission, contending that certain information with respect to India's National Parks, Wildlife Sanctuaries and Biosphere Reserves should be proactively available on the website of the Ministry under Section 4 (1) (b) of the Right to Information Act 2005. The Complainant has also suggested a format through which this information should be available on the website his request is reproduced below:-
"Biodiversity or the variability among living organisms and ecological complexes of which they are part, including diversity within and between species and their ecosystem is invaluable Page 1 of 5 in terms of ecology and commerce. We know that ecosystems are undergoing change due to pollution, invasive species, overexploitation by humans, and climate change. Most people are beginning to realize that diversity at all levels- gene pool, species and biotic community- is important and needs to be conserved. However, biodiversity is not uniformly distributed and certain regions of the Earth including Indian subcontinent are the mega diversity zones. India accounts, though, only 2.4% of the land area of the world but it contributes approximately 8% species to the global diversity. It may be pleasing to note that out of 25 terrestrial biodiversity hot spots two, viz., Western Ghats and Eastern Himalayas are the part of India. India's National Parks, Wildlife Sanctuaries and Biosphere Reserves Attaching the great importance to the biodiversity, India has not only participated in all major international events on environmental issues, since the Stockholm Conference on Human Environment and Development, 1972, but also contributed to and ratified several key multilateral agreements including Convention for Protection of World Cultural and Natural Heritage, 1972 and Convention on Biological Diversity (CBD), 1992. India's strategy for conservation and sustainable utilization of biodiversity focuses on according special status and protection to biodiversity rich areas by declaring them as National Parks, Wildlife Sanctuaries, Biosphere Reserves and ecologically fragile and sensitive areas. As per Annual Report 2010- 11, Ministry of environment and Forests (MoEF), the Protected Area Network of India includes 100 National Parks and 515 Wildlife Sanctuaries, 43 Conservation Reserves and 4 Community Reserves. A substantial portion of hard earned taxpayer's money is being invested to look after these areas in order to fulfill the shared responsibility of wildlife conservation, however, it's a pity that there is quite paucity of information for general public on the location, area, important species living there, status and major threats to these areas. The applicant believes that the availability of such information which is often required by the research scholars / scientists to generate base line data for research would also provide general public a great chance to appreciate the wild life conservation issues.
Page 2 of 5 Prayers:
(1) As there is no list of India's National Parks, Wildlife Sanctuaries and Biosphere Reserves on the website of MoEF, it is prayed to Hon'ble IC that he may kindly direct the ministry to furnish the information regarding the same in terms of name, location, year of establishment, area, names (vernacular and scientific) of the ecologically important plant and animal species thriving in such an area along with the expenditure incurred in the last 5 years on these areas.
The information may be displayed in the following format.
S.No Name of
. the
National Year of Location Ecologically Important species Expenditure Incurred (Rs.)
Park Establih- (Endangered species)
/Wild life ment
Sanctuary/
Biosphere
Reserve Floral Faunal Year Year Year Year Year
(2) Apart from these in-situ conservation measures of wildlife, one important measure ex- situ measure is the zoo. Zoos in India are regulated under the provisions of Wildlife Protection Act (1972), and are guided by the National Zoo Policy, 1998. However, the Central Zoo Authority (1992) of which Minister to Environment and Forests is the ex-officio chairman has failed to give a list of zoos of India in public domain, i.e., on the website of MoEF.
Hon'ble IC is requested that he may kindly direct the ministry to furnish the information regarding the same in terms of name, location, year of establishment, area, names (vernacular and scientific) of the ecologically important animal species thriving in such an area along with the expenditure incurred in the last 5 years on these zoos. The information may be displayed in the following format."
S.No Name of the
. Zoological
Garden Year of Location Ecologically Important species Expenditure Incurred (Rs.)
Establih (Endangered species)
- ment
Page 3 of 5
Year Year Year Year Year
Relevant Facts emerging during Hearing:
The following were present:
Appellant: Mr. Ankur Goyal;
Respondent: Mr. Mohal Lal, Joint Director (WL) on behalf of I.G (WL); Dr. S.V Reddy, Director (Scientific) on behalf of Mr. R. Mehta, Advisor; Ministry of Environment & Forest, Government of India.
The Respondents have stated that most of the information has now been uploaded on the website. In respect of Biosphere Reserves - Dr. Reddy states that name, location, year of establishment, area have been updated and uploaded on the website.
With regard to ecologically important species, the matter pertains to Wildlife Sanctuaries, National Parks, Zoo's etc for which Mr. Mohan Lal states that names (vernacular and scientific) of the ecologically important plant and animal species thriving in such an area, this data is not available with the Ministry. The expenditure incurred in the last 4 years has been uploaded on the website of the Ministry.
The Commission further inquired from the Mr. Mohan Lal whether the Ministry receives any kind of report regarding impact on the flora and fauna for the funds allocated and spent by the States and the statistics of the endangered flora and fauna. He states that reports are received about the utilization of funds; however the details of the flora and fauna are not available.
The Commission is of the firm opinion that it is more important to understand the impact of the funds being spent rather than merely reporting that the funds have been spent. The objective of the Government and the nation should be to ensure that endangered species are protected and a mere report on the funds spent would not achieve this objective. This information ought to be available proactively on the website of the Ministry and should be collected from the State Governments and updated regularly.
Mr. Mohan Lal States that Information regarding the flora and fauna of the Wildlife Sanctuaries, National Parks and Zoo's is being obtained from the State Government through the Ministry's letter dated 14/09/2011 and this shall be published on the website of the Ministry by 1 st January 2012. He further informed the Commission, that the "Management Effective Evaluation" to asses the impact of the funds spent is being undertaken by the Wildlife Institute of India, Dehradun. Some reports have been received from the WII and the same shall be published on the website of the Ministry before 1st November 2011. As more reports are received, the same shall be uploaded on the website.
In addition, in the United Nations Conference on the Human Environment, known as the Stockholm Declaration of 1972, it was proclaimed, that we see around us growing evidence of man-made harm in many regions of the earth; dangerous levels of pollution in water, air, earth and human beings; major and undesirable disturbances to the ecological balance of the biosphere; destruction and depletion of irreplaceable resources and gross deficiencies harmful to the physical, mental and social health of man, in the man-made environment, particularly in the living and working environment. Man it is stated is both creature and moulder of his environment. Both aspects of man's environment, the natural and the man made are essential to his well-being and to the enjoyment of basic human rights, even the right to life itself. One of the principles enunciated at the convention is that the natural resources of the earth, including the air, water, land, flora and fauna and specific representative samples of natural ecosystems must be safeguarded for the benefit of present and future generations through careful planning and management as appropriate.
Page 4 of 5As principle it was set out that the capacity of the earth to produce vital renewable resources must be maintained and wherever practicable, restored or improved.
It was further asserted in the 1992 United Nations Conference on Environment and Development (UNCED), held at Rio De Janiero, that 'environmental issues are best handled with participation of all concerned citizens, at the relevant level. At the national level, each individual shall have appropriate access to information concerning the environment that is held by public authorities, including information on hazardous materials and activities in their communities, and the opportunity to participate in decision-making processes. States shall facilitate and encourage public awareness and participation by making information widely available. Effective access to judicial and administrative proceedings, including redress and remedy, shall be provided.' Thus, obligating member states to disseminate information concerning the environment.
The Right to Information is a fundamental right of the citizens which has been codified by the RTI act, No. 22 of 2005. The act envisions that all citizens shall receive information primarily by suo moto disclosures by various public authorities as prescribed by section (4) of the act. Disclosures in accordance with the said Section are crucial to ensure transparency and accountability in institutions. This would reduce the load of RTI Applications being filed with each institution as information would be freely available to citizens and they would not have to apply for it. It further envisages that citizens would be required to specifically ask for information under section (6) only in a few cases. Citizens have been demanding that certain information is essential to them and should be available proactively in form of public notice boards, display boards etc. Decision:
The Complaint is allowed.
In view of the above the Commission by virtue of the powers vested in it under Section 19 (8) (a) of the Right to Information Act, hereby directs the Ministry of Environment & Forests, Government of India, to fulfill its obligations under the RTI Act by specifically making the following information available on its website:-
1. Information on the biosphere reserves which have been uploaded now shall be updated once every year.
2. Details on the endangered flora and fauna in the Wildlife Sanctuaries, National Parks and Zoo's shall be published on the website before 1st January 2012.
3. "Management Effective Evaluation" reports to asses the impact of the funds spent, undertaken by the Wildlife Institute of India, Dehradun shall be published on the website of the Ministry before 1st November 2011. As more reports are received, the same shall be uploaded on the website. Necessary standing instructions shall be issued to the concerned officers in this regard.
The Respondents shall send a consolidated report of compliance of the above directions to this Commission by 15th January 2012. The report may be sent to [email protected], with a copy to the Complainant.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi Information Commissioner 15th September 2011 (In any correspondence on this decision, mention the complete decision number.) (ANP) Page 5 of 5