Gauhati HC directs govt to enforce prohibitory orders on fishing at Kaziranga National Park

Guwahati: The Gauhati High Court has directed the Assam government to strictly enforce prohibitory orders to curb large-scale illegal fishing inside the Kaziranga National Park and Tiger Reserve, particularly during the Magh Bihu festivities in January.

The directive came on Monday while hearing a Public Interest Litigation (PIL) filed by environmental activist Rohit Choudhury of Bokakhat, who sought urgent judicial intervention to protect Kaziranga’s fragile ecosystem from mass fishing activities carried out every year between January 13 and 14.

A division bench comprising Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury heard the submissions of petitioner’s counsel A. Phukan, who informed the court that thousands of people enter Kaziranga every year during Magh Bihu to engage in “traditional” fishing practices.

He argued that such large-scale activities violate wildlife protection laws and severely disturb the park’s biodiversity.

Phukan submitted that fishing inside the UNESCO World Heritage Site threatens several species, including the endangered one-horned rhinoceros, migratory birds, and nearly 42 species of fish found in the park’s water bodies.

He warned that continued violations could compromise Kaziranga’s ecological integrity and its international conservation status.

Appearing for the state, D. Gogoi, Standing Counsel for the Assam Forest Department, acknowledged the issue and said that the government has been issuing prohibitory orders every year. However, he admitted that enforcing the orders has been challenging due to the large congregations of people entering the park with “religious fervour” during the festival.

The court observed that failure to prevent such activities would not only violate the Wildlife Protection Act, 1972, and the Forest Conservation Act, 1980, but also breach constitutional obligations, including Article 48A, which mandates the protection and improvement of the environment.

"...the protection of such site is necessary or else there would be a violation of Wildlife protection Act, 1972; Forest Conservation Act, 1980; and breach of various constitutional obligations under Article 48A of the Constitution of India and of international obligations as well," the order read.

Stating that the matter requires “immediate attention,” the High Court directed the Assam government to ensure strict enforcement of prohibitory orders in the first and second weeks of January.

It also directed the Forest Department to file an affidavit detailing measures already taken and additional steps proposed to control illegal fishing during the upcoming Magh Bihu.

The matter has been listed for the next hearing on January 7, 2026.