This article examines the problematic processes in a case that has had few parallels in Indian judicial history. The apex court in T. N. Godavarman took upon the responsibility of deciding how forest resources in the country should be accessed and who is (or is not) to have such access. Purportedly done to protect the environment, through the clarification and fine-tuning of national forest-laws, the case has seriously affected the life, livelihood, and habitat of millions of marginal groups.

Present biodiversity conservation programmes in the remaining extensive forest blocks of the humid trop-ics are failing to achieve outcomes that will be viable in the medium to long term. Too much emphasis is given to what we term grand design-ambitious and idealistic plans for conservation. Such plans im-plicitly oppose or restrict development and often attempt to block it by speculatively establishing paper parks. Insufficient recognition is given to the inevitable long term pressures for conversion to other land uses and to the weakness of local constituencies for conservation.