ANIMATENESS Under The WildLife Protection Laws

Introduction

India has an immense variety of natural resources. The country is rich in plant and animal heritage, which sustains millions of people. The environment is the surrounding in which we are living, it consists of both biotic and abiotic elements. The environment includes water, air and land constituting the nature and their inter relations among themselves and with human beings and other living and non- living things. For the very existence of human being, for a healthy and safe living, hygienic, natural and quality environment is the basic essential. A clean environment is required for the peaceful and healthy survival of humans. Human activities negatively affect the environment. It includes pollution, global warming, extinction of species, etc. India is the country, is very rich in flora and fauna. It is the land consisting of 10% of the world’s species. According to the International Union for Conservation of Nature, India constitutes 7-8% all species, including plants and animals. These are approximately, 91,000 animal species which include insects, fish, birds, mammals, reptiles, and amphibians and molluscs.

Ever since human evolved, we have changed the land cover of the earth constantly. Forests are the natural habitat of large scale wildlife growth of trees, shrubs, and different variety of plants which gradually becoming smaller in size in every year. Forest plays a vital role in the balance of ecological system. They preserve the soil to retain water and allow them to flow slowly. Trees are responsible for purity of air by releasing oxygen while they are in the process of photosynthesis. Forest is the nation’s wealth, the teak wood, timber, sandal woods, medicinal drugs, fruits, flowers, food, fabric, raw materials, etc. are the gifts from the forests. There are references about forest in the Vedas and ancient literatures. Trees are worshipped as Gods. Forest serve as natural habitats for large populations of wildlife as well as the growth of trees, shrubs, and a wide variety of plants. As a result, it is our responsibility to protect forest conservation. Trees and plants in the forest are an integral part of the eco system. It sustains life on the planet, provides clean air and shelter. Forest helps conserve bio diversity. A forest is a big region of land dominated by trees, aquatic biomes, multiple species of animals and a million micro organisms. 31% earth’s land surface is covered by forests. Deforestation is the permanent destruction or loss of forests for the expansion of land for agriculture, livestock etc., conservation of forest and wildlife is necessary to keep the population of different animal and bird species.

Wildlife plays an important role in balancing the environment and provides stability to different natural process of nature and these plants are rare, threatened, or endangered. Naturally-occuring rare plants will be given the highest consideration. The wildlife helps to preserve the animal and plant species from becoming extinct. The wildlife provides shelter to the wild animals. Wildlife means undomesticated animal species and uncultivated plants living in their natural habitat such as forest, grassland, ocean, river, desert, mountains and other natural eco systems are included, all living organisms that live in their natural environment, neither human nor domesticated , especially mammals, birds, fish, insects and plants in forests. There is rapid decline of wild animals in India. Many species of birds and animals are extinct in our country like the pink-headed duck, Asiatic cheetah, and some species are endangered like Bengal tiger, Asiatic lion, Indian rhinoceros etc. India is blessed with rich and diverse wildlife housing numerous species that contribute to the country’s ecological balance. Recognizing the critical importance of preserving this natural heritage, the Indian Judiciary has played an important role in shaping and enforcing laws pertaining to wildlife conservation. It was the major concern and which necessitates the need to bring the legislation for the protection of wildlife. The Wildlife (Protection) Act 1972, was enacted for the protection of plants, birds and wild animals, in order to ensure environmental and ecological security. The Act prohibits hunting, poaching, trade of endangered species. This Act aim to safeguard the nation’s ecological and environmental stability by addressing the preservation of India’s wildlife heritage. Two Primary Laws govern conservation of wildlife and its habitat. The Wildlife (Protection) Act of 1972, and The Indian Forest Act of 1927 (IFA). Other Laws such as The Forest Conservation Act of 1980 (FCA), The Environment Protection Act of 1986 (EPA) have also a positively impacted wildlife conservation. World Wildlife Day (WWD) is celebrated every year on 3rd March, to recognize the unique role and contributions of wildlife to people and the planet. The Supreme Court of India in T.N. Godavarman Thirumulpad V Union of India (2012) referred to a quote, Isha –Upanishads (as early as 1500-600 B.C.) taught us the following truth:-The universe along with its creatures belongs to the Lord. No creature is superior to any other. Human beings should not be above nature. Let no one species encroach over the rights and privileges of other species. The quote was referred for a reason. It was emphasize the quintessential importance of preserving and conserving the environment and its components. Nature is the creator and the destroyer.

WPA, 1972 has been one of the most successful environmental legislations in world history. The WPA, was enacted in 1972 by the Prime Minister Mrs. Indira Gandhi. Recently, it under went its most significant Amendments. India is rich in plant and animal heritage. The concern for the protection of wildlife can be traced, back to the 3rd century when king Ashoka issued a decree at the end of his reign stating that twenty years after his coronation, he released that the animals are not meant to be killed and should be conserved and protected prohibiting the forest fires. The Flora and Fauna should be protected and conserved as the animals and plants are of great economic importance to the humans in providing various products and by products in maintaining the balance of the nature. International Union for Conservation of Nature, Red list is a critical indicator of the health of the world’s biodiversity. In this list, ‘threatened’ embraces the categories of Critically Endangered, Endangered and Vulnerable. Previously in India, this list contained 132 species of plants and animals in 2018 as of the 2023-1 update from the IUCN Red list, over 950 species of animals land over 600 species of plants are listed as Critically Endangered, Endangered, or Vulnerable. India’s Wildlife Protection Act 1972, is a comprehensive piece of legislation that regulates Sanctuaries, National Parks, and Zoos among other protected locations. Its primary aim is to curb the illegal trade in the wildlife and the derivative parts.

The Wildlife (Protection) Act, 1972

The Wildlife Protection Act, 1972 is a crucial legislation enacted in India on 9th September 1972. Indian Parliament enacted the wildlife (Protection) Act in 1972, which provides for the safeguard and protection of the wildlife (flora and fauna) in the country. This is important legislation and forms an integral part of the environment and ecology. This Act provides for the protection of wild plants and wild animals. According to the Indian Wildlife Protection Act, the hunting and harming of the wild animals are strictly prohibited. The Act lays down restrictions on hunting many animal species. It safeguards the diverse wildlife found within the country’s borders. It serves as a frame work for poaching, conserving, and managing wildlife. It aims to preserve natural habitats and ensure the well-being of wildlife species. It also promotes measures to combat illegal activities. The Wildlife Protection Act is vital in preserving India’s wildlife heritage. It maintains ecological balance and fosters sustainable co existence between humans and wildlife. The Act includes various schedules that classify different species based on their level of protection and conservation status. It also establishes protected areas, permits the declaration of wildlife sanctuaries, national parks, and regulates activities related to wildlife.

History behind Wildlife Legislation in India

The initial legislation was introduced during the British Indian Government’s rule in 1887, known as the Wild Birds Protection Act 1887. This law aimed to prohibit the possession and sale of specific wild birds killed or captured during their breeding season. A subsequent legal measure, The Wild Birds and Animals Protection Act, was passed in 1912. This Act was modified by introducing the Wild Birds and Animals Protection (Amendment) Act 1935. During the British Raj, wildlife preservation was not a prominent concern. It was not until 1960 that the issue of wildlife conservation and preventing certain species from becoming extinct gained significant attention.

Importance of wildlife Protection Act, 1972

The Wildlife Act of 1972 protects the country’s natural animals, birds, and plants to promote ecological and environmental security. This statute established hunting limitations for a variety of animal species. Wildlife is a part of ‘forest’ and this was a State List until the Parliament passed this law in 1972. Now it is in Concurrent List.

• India is a treasure-trove of varied flora and fauna. Many species were seeing in rapid decline in numbers.

• A drastic decrease in the flora and fauna can cause ecological imbalance, which affects many aspects of climate and ecosystem.

• The most recent Act passed during the British era in this regard was the Wild Birds and Animals Protection, 1935. This needed to be upgraded as the punishments awarded to poachers and traders of wildlife products were disproportionate to huge financial benefits that accrue to them.

• There were five national parks in India prior to the enactment of this Act.

• The Wildlife Protection Act 1972, preserves the country’s wild animals, birds and plants in order to ensure ecological and environmental security.

• This Act has laid down restriction on hunting various kinds of animal species.

• It also includes provisions related to harvesting and various other ancillary matters connected thereto.

• It has six schedules, including a list of endangered species, a list of wild creatures posing a threat to human life, a list of animals designated as vermin, and a list of defined goods, plants, and possessions, among others, that span India.

• The schedules which includes the list of endangered species list of wild animals that are threatening to humans lives, list of animals declared as vermin and list of specified trade, plants, possession etc. which extend all over the India.

• The Act provides for the formation of wildlife Advisory Boards, Wildlife Wardens, specifies their powers and duties.

• The six schedules and 66 sections of the Act give varying degrees of protection. Schedule l and part ll provide absolute protection, offences under these are prescribed the highest penalties.

• The Species listed in schedule lll and schedule lV are also protected, but penalties are much lower.

• Animals under schedule V eg; common crows, fruit bats, rats and mice are legally considered vermin and may be hunted freely.

• The specified endemic plants in schedule Vl are prohibited from cultivation and planting.

• The Act prohibits hunting of wild animals and specified in the act schedules unless the hunting is carried out under a valid licence.

• It provides for the punishment of offences under the Act. This includes imprisonment, fines and confiscation of property.

• The Act prohibits hunting of endangered species.

• The Act provides for licences for the sale, transfer and possession of some wildlife species.

• Protection and management of wildlife habitat.

• The Establishment of protected area.

• Management of Zoo’s. The provisions paved the way for the formation of the Central Zoo Authority. Central body is responsible for oversight Zoos in India, it established in 1992.

• Permits the declaration of wildlife sanctuaries and national parks.

• Regulates activities related to wildlife.

Limitations of the Wildlife Act 1972

• The Act prohibited the hunting of endangered species.

• This Act provides for the protection of the country’s wild animals, birds and plant species, in order to ensure environmental and ecological security.

• The Act lays down restrictions on hunting many animal species.

• The Act prohibits any form of commercial sale of wild animal, its parts or trophies, the amendment sought exemption to carry out trade and transport of live elephants for religious use after permission from Central and State Governments.

• Elephants can only be owned when inherited.

• Schedules remain ambiguous.

• Scheduled animals are prohibited from being traded as per the Act’s provisions.

• The Act provides for licenses for the sale, transfer, and possession of some wildlife species.

• Enforcement has been weak because of Illegal activities such as hunting and trade in wildlife and its products.

Need for the Amendment of Wildlife Protection Act 1972

• India has been blacklisted by CITES once before, and if a second blacklisting were to happen then India will no longer be able to trade in important plant specimens. This would affect the lively hood of a large section of Indian society that relies heavily on this trade.

• The rationalisation needed to be done because there were many discrepancies in the schedules and they were also ambiguous.

• Some species were listed under English names, others under scientific names, and under families while others under orders.

• Such categorisation was very confusing for wildlife and forest officials on the ground to implement.

Various Amendments under Wildlife (protection) Act, 1972

Over the years several Amendments were made to the Act. The Wildlife Act last Amended in 2022. The Wildlife (protection) Act, 2022 has come into force since 1st April 2023.

❖ Wild Life (Protection) Amendment Act, 1982

A few species classified as vermin (Schedule V), may be hunted without restrictions. Wildlife Wardens and their staff administer the act. An amendment to the Act in 1982, introduced a provision permitting the capture and transportation of wild animals for the scientific management of the animal population.

❖ Wild Life (Protection) Amendment Act, 1986

No. 29 of 1986 (23rd May, 1986.) An act to provide for the protection of wild animals, birds and plants and for matters connected therewith or ancillary or incidental thereto with a view to ensuring the ecological and environmental security of the country. Accordingly, by 1986 Amendment Act it was provided that no one trade in wild animals specified in Schedules I and II of the Act. Further the then existing licenses for internal trade of animals and animal articles were revoked. Further total ban was imposed on trade in Indian ivory.

❖ Wild Life (Protection) Amendment Act, 1991

•   The Act restricts and prohibits hunting of animals.

•   Protection of certain plants from excessive exploitation.

•   Setting up and managing national parks and sanctuaries.

•   Setting up an managing zoological gardens.

•   Creation of a zoo authority for controlling zoos and captive breeding.

• Control trade in wildlife, wildlife products and trophies (preserved components of hunted animals).

• Encouraging and assisting the formation of wildlife societies.

National Forest Policy (1988):

It aims at increasing the forest cover of the country both in plains and hills so that the optimum of 33% forest cover is achieved. Other aims are,

• Maintenance of environmental stability through preservation and restoration of ecological balance.

• Check of soil erosion and denudation of catchment areas.

• Checking on spread of sand dunes.

• Increase in forest tree cover through massive afforestation and social forestry programmes.

• Steps to create massive people’s movement for afforestation, management and protection of forests. Already about 14.25 million hectares of degraded forests are being restored, managed and protected by 63,000 Joint Forest Management Committees.

❖ Wild Life (Protection) Amendment Act , 1993

This document defines key terms related to trade in animal trophies and articles derived from certain scheduled animals. It prohibits dealing in such trophies, articles and animal parts after a specified date, with some exemptions. It requires anyone currently carrying out such business to declare their stockpile and allows them to retain some items for personal use it granted a certificate of ownership. Unauthorised possession, sale, or transport of scheduled animal items is also prohibited.

Chapter VA

Prohibition of Trade or Commerce in Trophies, Animal Articles, etc. derived from Certain Animals.

49A. Definitions- In this Chapter,-

a. scheduled animal means an animal specified for the time being in Schedule I or Part II of Schedule II;

b. scheduled animal article means an article made from any scheduled animal and includes an article or object in which the whole or any part of such animal (has been used but does not include tail-feather of peacock, an article or trophy made therefrom and snake venom or its derivative;)

c. specified date means-

I. In relation to a scheduled animal on the commencement of the Wildlife (Protection) Amendment Act, 1986, the date of expiry of two months from such commencement.

II. in relation to any animal added or transferred to Schedule I or Part II of Schedule II at any time after such commencement, the date of expiry of two months such addition or transfer;

III. in relation to ivory imported into India or an article made from such ivory, the date of expiry of six months from the commencement of the Wildlife (Protection) Amendment Act 1991.

49B. Prohibition of dealing in trophies, animal articles etc. derived from scheduled

animals- (1) Subject to the other provisions of this section, on and after the specified date, no person shall

a) Commence or carry on the business as-

i. a manufacturer of, or dealer, in scheduled animal articles; or

[(ia). a dealer in ivory imported into India or article made therefrom or a manufacturer of such article: or]

ii. a taxidermist with respect to any schedule animals or any parts of such animals; or

iii. a dealer in trophy or uncured trophy derived from any scheduled animal; or

iv. a dealer in any captive animal being scheduled animal; or

v. a dealer in meat derived from any scheduled animal; or

b) Cook or serve meat derived from any scheduled animal in any eating-house

Explanation – For the purpose of this sub-section, eating-house has the same meaning as in the Explanation below sub-section (1) of section 44.

2) Subject to the other provisions of this section no licence granted or renewed under section 44 before the specified date shall entitle the holder thereof or any other person to commence or carry on the business referred to in C1 (a) of sub-section (1) of this section on the occupation referred into C1 (b) that sub-section after such date.

3) Notwithstanding anything contained in sub-section (1) or sub-section (2), where the Central Government is satisfied that it is necessary or expedient to do so in the public interest, it may, by general or special order published in the official Gazette, exempt, for purposes of export, any corporation owned or controlled by the Central Government (including a Government company within the meaning of section 617 of the Companies Act, 1956 (1 of 1956), or any society registered under the Societies Registration Act, 1860 (21 of 1860), or any other law for the time being in force, wholly or substantially financed by the Central Government, from the provisions of sub sections (1) and (2).

4) Notwithstanding anything contained in sub-section(1) or sub-section (2), but subject to any rules which may be made in this behalf, a person holding a licence under section 44 to carry on the business as a taxidermist may put under a process of taxidermist may put under a process of taxidermy any scheduled animal or any part thereof,

a) For or on behalf of the Government or any corporation or society exempted under sub-section (3), or

b) With the previous authorisation in writing of the Chief Wildlife Warden, for and on behalf of any person for educational or scientific purposes.

49C. Declaration by dealer –

1) Every person carrying on the business or occupation referred to in sub section (1) of section 49 B shall within thirty days from the specified date, declare to the Chief Wildlife Warden or the authorised officer,

a) his stock, if any, as at the end of the specified date of-

i. scheduled animal articles;

ii. scheduled animals and part thereof;

iii. trophies and uncured trophies derived from scheduled animals;

iv. captive animals, being scheduled animals;

v. ivory imported into India or article made therefrom

b) the place of the places at which the stocks mentioned in the declaration are kept; and

c) the description of such items, if any, of the stocks mentioned in the declaration which he desires, to retain with himself for his bonafide personal use.

2) On receipt of a declaration under sub-section (1) the Chief Wildlife Warden or the authorised officer may take all or any of the measures specified in section 41 and for this purpose, the provisions of section 41 shall, so far as may be, apply

3) Where, in a declaration made under sub-section (1), the person making the declaration express his desire to retain with himself any of the items of the stocks specified in the declaration for his bonafide personal use, the Chief Wildlife Warden, with the prior approval of the Director, may, if he is satisfied that the person is in lawful possession of such items, issue certificates of ownership in favour of such person with respect to all, or as the case may be, such of the items as in the opinion of the Chief Wildlife Warden are required for the bonafide personal use of such person and affix upon such items identification marks in such manner as may be prescribed.

Provided that no such item shall be kept in any commercial premises.

4) No person shall obliterate or counterfeit any identification mark referred to in sub-section (3),

5) An appeal shall lie against any refusal to grant certificate of ownership under sub-section (3) and the provisions of sub-sections(2),(3)and (4) of section 46 shall, so far as may be, apply in relation to appeals under this sub-section.

6) Where a person who has been issued a certificate of ownership under sub section (3) in respect any item,

a) transfers such item to any person, whether by way of gift, sale of otherwise, or

b) transfer or transports from the State in which he resides to another State any such item he shall, within thirty days of such transfer or transport, report the transfer or transport to the Chief Wildlife Warden or the authorised officer within whose jurisdiction the transfer or transport is effected.

7) No person, other than a person who has been issued a certificate of ownership under sub-section (3) shall, on and after the specified date, keep under his control, sell or offer for sale or transfer to (any person any scheduled animal or scheduled animal article or ivory imported into India or any article made therefrom).

❖ The Wild Life(Protection) Amendment Act, 2002

To accomodate security of wild animals, fowls and plants and for issues associated therewith or auxiliary or accidental thereto. To guarantee the natural and ecological security of the nation. Justification of the Wild Life Protection Amendment Act,2002 with further focus on Section 32 of Wild Life Protection Act,1972. This amendment introduced the concept of community reserves and conservation reserves as protected areas. The 2002 Amendment Act which came into force in January, 2003 have made punishment and penalty for offences under the Act more stringent.

Notable Developments in the Wildlife protection Amendment Act, 2002

Schedule I or part II of Schedule-II is inclusive of offenses concerning wild creatures (or their parts and items)

Others concerning hunting or attempting to change the limits of a sanctuary or park the punishment and penalty are upgraded, the base detainment endorsed is three years which can go as far as seven years, with a base fine Rs.10,000/-

For a resulting offense of this nature, the term of detainment will not be nevertheless three years yet may arrive at seven years with a base fine of Rs.25,000/-

Likewise a substitution segment (51-A) has been embedded inside the Act, guaranteeing conditions appropriate while allowing bail: ‘When a person accused of the commission of any offence concerning schedule I or Part II of Schedule II or offences concerning hunting inside the boundaries of park or wildlife sanctuary or altering the boundaries of such parks and sanctuaries, is arrested under the provisions of the Act, then not withstanding anything contained within the Code of Criminal Procedure, 1973, no such one that had been previously convicted of an offence under this Act shall be released on bail unless –(3) (11)

• The Public Prosecutor has been given a chance of contradicting the discharge on bail;(3)

• Where the Public Prosecutor restricts the application, the court is fulfilled that there are sensible justification for accepting that