Recently, the Rajya Sabha in India passed the Wild Life (Protection) Amendment Bill, 2022. This legislation was designed to uphold India’s commitments under the Convention on International Trade on Endangered Species of Wild Fauna and Flora (‘CITES’). The provisions within this bill serve to strengthen punishment for unlawful trade in wildlife and improve the management of protected areas.
Objectives of the Bill
Primarily, the bill aims to protect endangered species by increasing penalties for illegal wildlife trade. It also seeks to better manage protected areas by allowing certain permissible activities such as grazing or livestock movement, and use of water for drinking and household purposes by local communities. The bill signifies a crucial step towards the protection of forest lands and the rights of communities residing therein.
Proposed Amendments and Enhancements
Amendments within this bill include the proposal of a new schedule for species listed under CITES appendices. There is also an amendment to Section 6 that proposes the creation of a Standing Committee with delegated powers and duties from the State Board for Wildlife. Other notable amendments include changes to the Act’s Section 43 permitting the use of elephants for religious or other purposes, and the insertion of Section 49E to allow the central government to appoint a Management Authority. The bill also outlines the empowerment of the Central government to regulate, and even halt, the import, trade, or possession of invasive plant or alien animal species.
Increased Penalties for Violations
For general violations, the maximum fine has been upped from 25,000 to 1 lakh. In cases involving specially protected animals, the minimum fine has been raised from Rs. 10,000 to Rs. 25,000.
Concerns Related to the Bill
Despite its positive features, the bill has also raised a few concerns. The phrase “any other purpose” regarding the legal use of elephants is deemed vague and may inadvertently encourage commercial trade of the animals. Additionally, vital issues such as the human-wildlife conflict and the rule of eco-sensitive zones remain unaddressed. Parliamentary reports suggest that species listed in all three schedules of the Bill are incomplete, and greater inclusion of scientists, botanists, and biologists is needed to expedite the listing process.
The Wild Life (Protection) Act, 1972
The Wild Life (Protection) Act, 1972 has provided the primary legal framework for wildlife protection in India. It regulates the protection and management of various species, their habitats, and the trade of wild animals, plants, and their derivatives. The act also outlines various schedules for plants and animals that are monitored and protected by the government.
CITES: An International Commitment
The CITES is an international agreement voluntary adhered to by states and regional economic integration organizations. Adopted in 1963, it came into force in July 1975. Administered by the United Nations Environment Programme (UNEP), the CITES Secretariat is situated in Geneva, Switzerland. India is among the signatories of this agreement.
Constitutional Provisions for Wildlife Conservation in India
In India, the 42nd Amendment Act, 1976 transferred the responsibility of forests and the protection of wild animals and birds from the State to the Concurrent List. Article 51A(g) mandates every citizen’s fundamental duty to protect and improve the natural environment, including forests and wildlife. Similarly, Article 48 A allocates the state’s duty to safeguard the country’s forests and wildlife.
Future Directions for Wildlife Conservation
For effective conservation of wildlife, strict law enforcement is necessary. Business entities, particularly those involved in real estate, need to strictly adhere to the law to maintain a balance between their commercial interests and environmental responsibilities. The role of local communities is also pivotal. Their understanding and active participation are key to achieving significant results in wildlife conservation.
