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(..9..)
WILDLIFE PROTECTION
QUESTION BANK
Q.1. Write a detailed note on Wildlife (Protection) Act.
Q.2. What are the offences against wildlife?
Q.3. Write a note on âSanctuaries and national parksâ.
Q.4. How wild lives are protected under Wildlife (Protection) Act?
Q.5. What are the authorities appointed under the Wildlife (Protection) Act for the
protection of wildlife? Also, state their powers and duties to protect the same.
Q. 6. Describe the provisions of âhunting of wild animalsâ, under Wildlife Act 1942.
Q.7. State the provision dealing with the trade/ commerce in wild animals, animal
articles and trophies.
SHORT NOTES
1.
2.
3.
4.
5.
6.
7.
Licensing of zoos and parks.
Hunting of wild animals.
Functions of Central Zoo Authority.
Recognition of zoos.
Declaration of the national park.
Restriction on entry into the sanctuary.
Sanctuary.
SYNOPSIS
Table of Contents
1) Appointment of Director (S. 3):-.......................................................................................... 62
4) Constitution of State Board for Wildlife (S. 6):-.................................................................. 63
2) Killing or Wounding in Good Faith:-............................................................................... 64
3) Permit to hunt for Special Purposes:-............................................................................... 64
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Declaration of National Park (S. 35):-...................................................................................... 67
Declaration of Sanctuary or National Park by the Central Government (S. 38):-.................... 67
4) Central Zoo Authority:-........................................................................................................ 69
b) Functions of the Authority [S. 38(C)]:-............................................................................ 69
3) Dealings in Trophy and Animal Articles without Licence Prohibited (S.44):-.................... 70
Wildlife is an intricate part of the Eco-System. Wildlife is one of the basic and
natural resources of mankind. Therefore, the protection of wildlife is very important.
Fortunately, India has got a rich heritage of a variety of animal species.
However, many species have become extinct despite their importance, and several
others are on the verge of extinction. A number of species are listed as endangered species
that are on the verge of extinction. Wildlife species are rapidly declining due to
industrialisation, deforestation, poaching, etc, and it is the main concern of all. Due to this
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concern with the object to protect wildlife, the Wildlife (Protection) Act. is passed in 1972
by the Indian Parliament (henceforth for the sake of brevity called âthe Actâ).
We will discuss some of the important provisions of the Act.
I]
AUTHORITIES CONSTITUTED UNDER THE ACT. (Ss. 3 to 8):-
The Act has provided for the appointment of several authorities to carry on an object
of the Act. We will discuss them as follows-
1)
Appointment of Director (S. 3):-
The Central Government may appoint a Director of Wildlife Preservation and
other officers and employees as necessary for the performance of duties under this Act.
In performing his duties and exercising his powers by or under this Act, the Director
shall be subject to such general or special directions as the Central Government may, from
time to time, give.
2)
Appointment of Chief Wildlife Warden and Other Officers:-
Since the subject of protection of wildlife falls in the concurrent list, both the Centre
and State legislatures can pass laws. Concerned Governments may frame rules thereunder.
Therefore, the Act also empowers State Governments to appoint-
a)
b)
c)
d)
Chief Wildlife Warden;
Wildlife Warden;
Honorary Wildlife Wardens; and
such other officers and employees as are necessary to carry on the
object of the Act.
In performing his duties and exercising his powers by or under this Act, the Chief
Wildlife Warden shall be subject to such general or special directions as the State
Government may, from time to time, give.
3)
Constitution of the National Board for Wildlife (S. 5 A):-
Apart from the above, there is a National Board for Wildlife. The National Board
consists of the Prime Minister as its Chairman, the Minister-in-charge of Forests and
Wildlife as Vice-Chairperson, and 45 other members, including Secretaries of concerned
government departments, members of Parliament, and eminent environmentalists., and
representatives from some States and Union territories.
Functions of National Board (S. 5 C):-
The functions of the National Board are as follows, viz.
i)
Framing of policy with respect to promoting wildlife conservation.
Rendering advice to the Central Government and State Governments in
framing the policies with respect to effective controlling of poaching and
illegal trade of wildlife and its products.
ii)
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iii)
Making recommendations for setting up National Parks, Sanctuaries
and other protected areas.
iv)
v)
Taking measures to protect wildlife from human activities.
Suggesting measures for progress in the field of wildlife conservation.
Preparing and publishing a status report on wildlife at least once in two
years.
vi)
Standing Committee of the National Board (S. 5 B):-
The National Board may, at its discretion, constitute a Standing Committee for the
purpose of exercising such powers and performing such duties as may be delegated to the
Committee by the National Board.
The National Board may constitute committees, subcommittees, or study groups
from time to time to properly discharge the functions assigned to it.
4)
Constitution of State Board for Wildlife (S. 6):-
There is a State Board for Wildlife. It consists -
i)
the Chief Minister of the State and, in the case of the Union, either the Chief
Minister or Administrator as a Chairperson of the Committee,
ii)
the Minister-in-charge of Forests and Wildlife is a Vice Chairperson and
29 other members, including Secretaries of concerned government departments,
members of the Legislative Assembly, eminent environmentalists, etc.
iii)
Duties of /Wildlife Advisory Board (S. 8):-
It shall be the duty of the State Board for Wildlife to advise the State Government-
i)
in the selection and management of areas to be declared as protected areas.
ii)
in the formulation of the policy for the protection and conservation of the
wildlife
and specified plants.
iii) in any matter relating to the amendment of the Schedule;
iv) in relation to the measures to be taken for harmonizing the needs of the
tribal and other dwellers of the forest with the protection and conservation
of wildlife and
v) in any other matter connected with the protection of wildlife that may
be referred to it by the State Government.
II]
HUNTING OF WILDLIFE (S. 9 to 12)
As per provisions of S.9, no person shall hunt any wild animal specified in
Schedules I, II, III, and IV except in certain exceptional circumstances provided under S.11
and 12. Schedules I, II, III, and IV list the number of wild animals that cannot be hunted.
Exceptions (S. 11 and 12):-
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There are some exceptions provided to the above rule, viz.
1) Dangerous or Disabled Animal:-
1)
The Chief Wildlife Warden may, if he is satisfied that any wild animal has
become dangerous to human life or property or is so disabled or diseased as
to be beyond recovery or by order in writing and stating the reasons, therefore,
permit any person to hunt such animal or cause such animal to be hunted.
Killing or Wounding in Good Faith:-
2)
The killing or wounding in good faith of any wild animal, in defence of oneself or
of any other person, shall not be an offence.
3)
Permit to hunt for Special Purposes:-
The Chief Wildlife Warden can permit the hunt of wild animals for special purposes,
such as education, scientific research, and scientific management, upon payment of
specified fees.
III] PROTECTED AREAS (S. 18 to 38):-
A Protected area means a National Park, a sanctuary, a conservation reserve or a
community reserve notified under S. 18, 35, 36 âA, and 36- C of the Act. Thus, a protected
area means any area declared a National Park, Sanctuary, Conservation Reserve or
Community Reserve. We will discuss them one by one.
A)
1)
Sanctuary:-
Declaration of Sanctuary (S. 18):-
Taking into consideration the ecological, faunal, floral, geomorphologic, natural or
zoological significance of the country, the State Government may declare by notification
the specified area/ forest or the territorial waters as a sanctuary to develop wildlife or its
environment.
The notification so issued shall specify as nearly as possible the situation and limits
of such area. It shall be sufficient to describe the area by road, rivers, ridges or other well-
known or readily intelligible boundaries.
Popularly known as the âSariska" case, the State Government of Rajasthan
permitted a number of mining operations in the area of forest reserved for Tigers.
Supreme Court issued directions that no mining operation of whatever nature
shall be carried out within the protected area.
2)
Appointment of Collector and his Duties:-
The State Government, within 30 days of the issue of notification of the declaration
of the sanctuary, is to appoint a collector for the declared sanctuary (S.18 B). He is
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appointed to inquire into and determine the existence, nature, and extent of rights of any
person in or over the land within the sanctuary's limits (S.19).
Within 60 days of the sanctuary's declaration, the collector shall issue a
proclamation in regional language giving details about the acquisition of
lands/forests/territorial water in every town and village in or near the area comprising the
sanctuary's limits (S.21).
The Collector must settle the claims and complete the acquisition proceeding within
2 years of the sanctuary's declaration (S. 25 A).
Until settlement of the rights of affected persons, The state Government is required
to make alternative arrangements for making available fuel, fodder and other forest produce
to the affected person, whose grievances will be redressed and salted (S.18 A).
When the collector disposes of the claims made about the land, the State
Government issues a notification specifying the limits of the sanctuary and declares that
the said area shall be a sanctuary on and from such date (S. 26 A).
3)
Protection of Sanctuaries (Ss. 27 to 33 A):-
Sanctuaries are protected by the following means:
a)
Restriction on Entry in Sanctuary (S. 27):-
There is a complete restriction on entry to the sanctuary.
However, (i) a public servant on duty;
(ii) a person permitted or authorised by the Chief Wildlife Warden; a
a person having legal rights over the immovable property located
within the limits of the sanctuary or a person passing through the
declared sanctuary along a public highway are exempted.
However, every person, so long as he resides in the sanctuary, should not act against
the provisions of the Act. No person is permitted to tease or molest any wild animal or
litter the grounds of the sanctuary.
b)
Gant of Permit (S. 28):-
Chief Wildlife Warden may also grant permission to any person to enter the
sanctuary on an application made, and fees paid for that purpose. The permission to enter
the sanctuary must be for the following purposes, viz.
i)
ii)
study of wildlife;
investigation of wildlife,
photography,
iii)
iv)
v)
tourism; and
transaction of a lawful business.
c)
Destruction, etc, in a Sanctuary is Prohibited without a Permit (S. 29):-
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No person shall destroy, exploit or remove any wildlife, including forest produce,
from a sanctuary or destroy, damage or divert the habitat of any wild animal by any act
whatsoever or divert, stop or enhance the flow of water into or outside the sanctuary except
permit.
d)
Causing Fire Prohibited (S. 30):-
No person shall set fire to a sanctuary, kindle any fire, or leave any fire burning in
a sanctuary in such manner as to endanger such sanctuary.
e)
Prohibition of Entry with Weapon (S. 31):-
No person shall enter a sanctuary with any weapon except with previous permission
of the Chief Wildlife Warden.
f)
Ban on Use of Injurious Substances (S. 32):-
No person shall use, in a sanctuary, chemicals, explosives, or any other substances
which may cause injury to or endanger any wildlife in such sanctuary.
g)
Control of Sanctuary (S. 33):-
The Chief Wildlife Warden has vested with all powers to control, manage and
maintain all the declared sanctuaries.
h)
Immunization of Live Stock (S. 33 A):-
The Chief Wildlife Warden is empowered to take all necessary measures for
immunisation against the communicable disease of the livestock kept in or within 5
kilometres of a declared sanctuary.
i)
Constitution of Advisory Committee (S. 33 B):-
The State Government may appoint an advisory committee, including the Chief
Wildlife Warden or his nominee as its head and 11 other members, to render advice on
measures to be taken to improve the conservation and management of the sanctuary,
including the participation of the people living within and around the sanctuary.
j)
Registration of Persons in Possession of Arms (S. 34):-
Every person residing in or within 10 kilometres of any declared sanctuary and
holding a license granted under the Arms Act of 1959 has to register his name.
No new license under the Arms Act shall be granted within the above-mentioned
radius without permission of the Chief Wildlife Warden.
k)
Power to Remove Encroachment (34 A):-
Any officer not below the rank of an Assistant Conservator of Forests is
empowered to remove any unauthorised structures, buildings, or construction erected on
any Government land within any sanctuary or National Park in contravention of the
provisions of the Act.
B)
National Parks:-
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Declaration of National Park (S. 35):-
Whenever it appears to the State Government that an area, whether within a
sanctuary or not, is, because of its ecological, faunal, floral, geomorphological, or
zoological association or of importance, needed to be constituted as a National Park to
protect, propagate or developing wildlife therein or its environment, it may, by notification,
declare its intention to constitute such area as a National Park.
The notification shall define the limits of the area that is intended to be declared a
national park. Where any part of the territorial waters is to be included in the National Park,
prior permission from the Central Government shall be obtained.
No alteration of the boundaries of a National Park by the State Government shall be
made except on a recommendation of the National Board.
No person shall destroy, exploit or remove any Wildlife, including forest produce,
from the National Park or destroy, damage or divert the habitat of any wild animal by any
act whatsoever or divert, stop or enhance the flow of water into or outside the National
Park, except under and in accordance with the permit granted by the Chief Wildlife
Warden.
No grazing livestock shall be permitted in a National Park, and no livestock shall be
allowed to enter therein except where such livestock is used as a vehicle by a person
authorised to enter such National Park.
Other provisions relating to sanctuary also apply to National Parks, i.e. the
provisions under S.27 to 28, 30 to 32, S.33 (with some exceptions), (S.33 A and 34). In
other words, all provisions related to sanctuary mutandis mutandis apply to National Parks.
Declaration of Sanctuary or National Park by the Central Government (S. 38):-
Where the State Government leases or otherwise transfers any area under its control,
not being an area within a sanctuary to the Central Government, the Central Government
may, if it is satisfied that the conditions specified in S. 18 are fulfilled, about the area so
transferred to it, declare such area, by notification to be a sanctuary.
It has the same effect as the sanctuary declared by the State Government. Once the
Central Government has taken over the area, the powers and duties of the Chief Wildlife
Warden shall be vested in the Director of the National Board for Wildlife.
C)
1)
Conservation Reserve:-
Declaration and Management of a Conservation Reserve (S. 36 A):-
The Adjacent areas to National Parks and Sanctuaries may be declared
âconservation reservesâ for protecting landscapes, seascapes, flora and fauna, and their
habitat by the State Government after having consultations with the local communities.
To declare any area as a âconservation reserveâ it is necessary that the area must be
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owned by the Central Government or by the State Government. However, where the
conservation reserve includes any land owned by the Central Government, the prior
approval of the Central Government must be obtained before making a declaration of the
conservation reserve.
Other provisions, such as those under S.18, 27, 30, 32, and 33, shall mutatis
mutandis apply to conservations resave also.
2)
Conservation Reserve Management Committee (S. 36 B):-
The State Government shall constitute a Conservation Reserve Management
Committee to advise the Chief Wildlife Warden to conserve, manage and maintain the
conservation reserve.
D)
1)
Community Reserve:-
Declaration and Management of Community Reserve (S. 36 C):-
The State Government may, where the community or an individual has volunteered
to conserve wildlife and its habitat, declare any private or community land not comprised
within a National Park, sanctuary, or conservation reserve as a âcommunity reserveâ, for
protecting fauna, flora, and traditional or cultural conservation values and practices.
The provisions of Ss.18, 27, 30, 32, and 33 applicable to sanctuary also apply
muntandis mutandis to such âcommunity reserveâ.
2)
Community Reserve Management Committee (S. 36 D):-
The State Government shall constitute a Community Reserve Management
Committee, which shall be the authority responsible for conserving, maintaining, and
managing the community reserve.
IV]
ESTABLISHMENT OF ZOO (S. 38 A to 38 J)
According to S.2 (39), âzooâ means âan establishment, whether stationary or
mobile, where captive animals are kept for exhibition to the public and includes a circus
and rescue centres but does not include an establishment of a licensed dealer in captive
animals.
1)
Recognition of Zoo (S. 38):-
No zoo shall be established without obtaining the prior approval of the Central
Zoo Authority.
The Central Zoo Authority is empowered to make recognition of zoos or withdraw
the recognition or suspend the same.
2)
Acquisition of Animals by a Zoo (S. 38 I):-
No zoo shall acquire or sell or transfer any wild animal or captive animal specified
in Schedule I and II without the prior permission of the Central Zoo Authority.
3) Prohibition of Teasing etc. in a Zoo (S. 38 J):-
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No person shall tease, molest, injure or feed any animal or cause disturbance to the
animals by noise or otherwise or litter the grounds in a zoo.
4)
a)
Central Zoo Authority:-
Constitution of Central Zoo Authority (S. 38 A):-
The Central Government shall constitute a body to be known as the Central Zoo
Authority, to exercise the powers conferred on, and to perform the functions assigned to it
under the Wildlife (Protection) Act.1972.
The Authority shall consist of the following persons:-
i)
Chairman;
ii)
iii)
Number of members not exceeding ten; and
a member secretary.
b)
Functions of the Authority [S. 38(C)]:-
The Authority shall perform flowing functions, viz.
i)
to lay down the minimum standards for housing, upkeep, and veterinary
care of the animals residing in a zoo;
ii)
evaluate or assess the functioning of the zoo.
recognition or de-recognition of the zoos;
iii)
iv)
specify the animals for breeding while in captivity, it is called âcaptive
breedingâ.
v)
to formulate a plan, program, and measures for captive breeding;
chalk out a coordination training program for zoo personnel in India
or abroad;
vi)
vii)
undertake a research program for proper management and scientific
development of zoos and
viii)
other necessary functions assigned under the Act.
V]
TRADE OR COMMERCE IN WILD ANIMALS, ANIMAL
ARTICLES AND TROPHIES
The Act prohibits trade, commerce, etc in wild animals, animal articles, and
trophies. The word âtrophyâ is defined by S.2 (31) of the Act means the whole or any part
of any captive animal or wild animal other than vermin, which has been kept or preserved
by any means, whether artificial or natural and includes-
i)
rugs, skins, and specimens of such animal mounted in whole or in part
through a process of taxidermy; and
ii)
antler, bone, carapace, shell, horn, rhinoceros horn, hair, feather, nail,
tooth, tusk, musk, eggs, nests, and honeycomb.
The provisions are as follows-
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1)
Trade or Commerce in Wild Animals, Animal Articles, and Trophies
Prohibited (S. 39):-
Wild animals, animal articles, trophies, or uncured trophies or meat are regarded as
Government property. The hunting, custody, or breeding of wild animals is prohibited. If
any person is found involved in such activities, he shall be liable for penal action.
Moreover, the authorised officer will seize the weapon, tools, vehicles, or any articles used
for hunting, breeding, custody, and control of wild animals, and an F.I.R. is to be lodged
in the nearest Police Station.
Prohibition of Dealings in Trophies, Animal Articles, etc, derived from
Scheduled Animals (S. 49 B):-
âScheduled animalâ means an animal specified for the time being in Schedule I or
Part II of Schedule II. Dealing with trophies, animal articles, etc, derived from scheduled
animals is prohibited. No person can commence or carry on the business as:-
a)
b)
c)
d)
a manufacturer or dealer in scheduled animal articles or
a dealer in ivory imported into India or article made therefrom, or
a taxidermist concerning any scheduled animals or
a dealer in a trophy or uncured trophy derived from any scheduled
animal; or
e)
f)
a dealer in any captive animals which is being scheduled animal or
a dealer in meat derived from any scheduled animal or
g) cook or serve meat derived from any scheduled animal in the eating house.
However, in the public interest, the Central Government may permit such
business to commence or carry out.
2)
Regulation of Transfer of Animal etc (S. 43):-
Transfer of ownership of a specified captive animal or animal article by way of sale,
offer for sale, or by any other mode of consideration of a commercial nature is prohibited.
3)
Dealings in Trophy and Animal Articles without Licence Prohibited (S.44):-
Dealing with trophies and animal articles without a license is prohibited. No, dealing
in the following nature without a license is permitted, viz. (a) dealer in the animal article,
a taxidermist, or a dealer in a trophy or uncured trophy, a dealer in captive animals, or a
dealer in meat, or cook or serve meat in any eating house, or derive, collect or prepare or
deal in snake venom.
The concerned officer can suspend or cancel the license for misuse of it (S. 45).
4)
Purchase of Animal, etc., by Licence (S. 48):-
The purchase, custody, control, possession, and transfer or transport of specified
wild animals or animal articles must be carried out in accordance with the prescribed rules.
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No other person without a license can deal in the matter (S.49).
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