News Highlight:
- Rajya Sabha clears Wildlife Bill that promises better protection, Minister promises to protect elephants.
- Opposition says the amendment gives ‘huge discretion’ for transportation of live elephants.
Key Takeaway:
- Environment Minister Bhupender Yadav assured that elephants will be protected and conserved according to the provisions of the Act.
- The Bill, which had undergone scrutiny of a parliamentary panel, seeks to conserve and protect wildlife through better management of protected areas and rationalise schedules which list out species under the Wildlife (Protection) Act, 1972.
Wildlife Protection Act, 1972
- About:
- 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.
- It extends to the whole of India except the State of Jammu and Kashmir.
- The Act provides for the formation of wildlife advisory boards, wildlife wardens, specifies their powers and duties, etc.
- It helped India become a party to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).
- The Act prohibited the hunting of endangered species.
- 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.
- It provides for the establishment of wildlife sanctuaries, national parks, etc.
- Its provisions paved the way for the formation of the Central Zoo Authority. This is the central body responsible for the oversight of zoos in India. It was established in 1992.
- Constitutional Provisions for the Wildlife Act:
- The 42nd Amendment Act, 1976, Forests and Protection of Wild Animals and Birds, was transferred from State to Concurrent List.
- Article 48A of the Constitution of India directs the State to protect and improve the environment and safeguard wildlife and forests.
- Article 51 A (g) of the Constitution states that it shall be the fundamental duty of every citizen to protect and improve the natural environment, including forests and Wildlife.
- Protected areas as provided under the Act:
- Sanctuaries: Sanctuary is a place of refuge where injured, abandoned, and abused wildlife is allowed to live in peace in their natural environment without any human intervention.
- National Parks: National Parks are the areas that are set by the government to conserve the natural environment.
- Conservation Reserves: The State government may declare an area (particularly those adjacent to sanctuaries or parks) as a conservation reserve after consulting with local communities.
- Community Reserves: The State government may declare any private or community land as a community reserve after consultation with the local community or an individual who has volunteered to conserve the wildlife.
- Tiger Reserves: These areas are reserved for the protection and conservation of tigers in India. They are declared on the recommendations of the National Tiger Conservation Authority
Wild Life (Protection) Amendment, 2022:
- Currently, the Act has six schedules for:
- Specially protected plants (one),
- Specially protected animals (four), and
- Vermin species (one).
- The Bill reduces the total number of schedules to four by
- Schedule I for species that will enjoy the highest level of protection.
- Schedule II for species that will be subject to a lesser degree of protection.
- Schedule III covers plants.
- It removes the schedule for vermin species. Vermin refers to small animals that carry diseases and destroy food.
- It inserts a new schedule for specimens listed in the Appendices under CITES (scheduled specimens).
Other Features of the Bill:
- Invasive alien species:
- It empowers the central government to regulate or prohibit the import, trade, possession or proliferation of invasive alien species.
- Invasive alien species refers to plant or animal species not native to India and whose introduction may adversely impact wildlife or its habitat.
- Control of Sanctuaries:
- The Act entrusts the Chief Wildlife Warden to control, manage and maintain all sanctuaries in a state.
- These plans will be prepared as per the guidelines of the central government and as approved by the Chief Warden.
- For sanctuaries falling under special areas, the management plan must be prepared after due consultation with the Gram Sabha concerned.
- Special areas include a Scheduled Area or areas where the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 is applicable.
- Scheduled Areas are economically backward areas with a predominantly tribal population, notified under the Fifth Schedule to the Constitution.
- Conservation Reserve:
- State governments may declare areas adjacent to national parks and sanctuaries as a conservation reserve for protecting flora and fauna and their habitat.
- The Bill empowers the central government to also notify a conservation reserve.
- Penalties:
- The WPA Act 1972 prescribes imprisonment terms and fines for violating the provisions of the Act.
- For general violation- Up to Rs 1,00,000 fine.
- For Specially protected animals- upto 25000 Rs .
Pic Courtesy: Freepik
Content Source: The Hindu