Recently, the Parliamentary Standing Committee on Science and Technology, Environment, Forests and Climate Change submitted its report on the proposed the Wild Life (Protection) Amendment Bill, 2021.
The standing committee has found that some species were excluded from various schedules of wildlife and plants that have been proposed by the Environment Ministry and has recommended a revised listing of schedules to include these species.
Non-official members should also be part of the state wildlife board committee proposed to assess infrastructure projects in and around protected areas, a parliamentary panel reviewing the Wildlife Protection (Amendment) Bill, 2021
Background :
The Wild Life (Protection) Amendment Bill, 2021 was introduced in Lok Sabha by the Minister of Environment, Forest and Climate Change on December 17, 2021. The Bill amends the Wild Life (Protection) Act, 1972.
The Act regulates the protection of wild animals, birds and plants. The Bill seeks to increase the species protected under the law, and implement the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).
However, soon after its introduction, several wildlife and legal experts criticised some of the clauses in the bill, citing several loopholes that could be exploited and saying they were counterintuitive to the objectives of the Wildlife Protection Act, 1972.
One such clause that drew flak from independent experts was the proposal to set up a standing committee of the state board for wildlife (SBWL), to be headed by its vice-chairperson, a post to be held by the state’s forest minister, and should not have more than 10 members nominated by the panel chief.
Highlights of bill
Invasive alien species
The Bill 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 which are not native to India and whose introduction may adversely impact wildlife or its habitat.
The central government may authorise an officer to seize and dispose of the invasive species.
Control of sanctuaries
The Act entrusts the Chief WildLife Warden to control, manage and maintain all sanctuaries in a state.
The Chief WildLife Warden is appointed by the state government.
The Bill specifies that actions of the Chief Warden must be in accordance with the management plans for the sanctuary.
For sanctuaries falling under special areas, the management plan must be prepared after due consultation with the concerned Gram Sabha.
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 reserves
Under the Act, 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.
Surrender of captive animals
The Bill provides for any person to voluntarily surrender any captive animals or animal products to the Chief WildLife Warden.
No compensation will be paid to the person for surrendering such items.
The surrendered items become property of the state government.
Penalties
The Act prescribes imprisonment terms and fines for violating the provisions of the Act.
State Board for Wildlife to be rendered Defunct
As per the existing Act, the State Board for Wildlife is headed by the Chief Minister as chairperson and the Minister in Charge of Forest and Wildlife as Vice Chairperson.
The Amendment Bill however proposes to set up a ‘Standing Committee’ of the State Board for Wildlife which is to be headed by the Vice Chairperson i.e Forest Minister and ‘not more than ten members to be nominated by the Forest Minister.
The Bill therefore intends to replicate the model of the National Board for Wildlife and its Standing Committee.
The Bill Will Allow For Commercial Trade In Live Elephants
The Wildlife (Protection) Act, 1972 specifically prohibits trade in Wild Animals including captive and wild elephants.
Thus an exception has been carved out by excluding ‘live elephant’ from the general prohibition contained in Section 43.
The implication of the same is that commercial sale and purchase is no longer prohibited, under the Act.
The Amendment Bill therefore allows for commercial trade in elephants.
Excessive Delegation and Unrestricted Power of Central Government to Declare Species as Vermin
Once a wild animal is declared as vermin, it enjoys no legal protection and has the same status as a domestic animal. It can be killed, traded and tamed.
Under the existing Act, the Central Government can issue a Notification declaring a Species as a Vermin so long as the Species is not listed in Schedule I or Part II of Schedule II.
Bill amends Section 62 by stating that only species listed in Schedule I cannot be declared as vermin, while species listed in Schedule II can be declared as Vermin.
Schedule II in the Bill includes the following among other species which if declared a vermin can pose serious threat to their existence in the wild. This Includes Striped Hyena, Andaman Wild Pig, Indian Fox, Bengal Fox Jungle Cat, Asiatic Jackal.
Importance :
The Act regulates the protection of wild animals, birds and plants.
Increase the species protected under the law
Wild Life (Protection) Act, 1972 (WLPA) Act regulates the protection of wild animals, birds and plants.
The Bill seeks to increase the species protected under the law, and implement the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).
Participation of forest dwellers: The recent amendment has taken a progressive step to foster the participation of forest dwellers within national parks while determining the management plan.
It has mandated the need to consult the Gram Sabha: in protected areas falling under scheduled areas or areas recognised to possess forest rights based on claims under the Forest Rights Act, 2006.
Challenges
WLPA severely curtailed the ability to graze across pastoral spaces since the compartments wherein grazing were granted as concessions soon fell within the categories of protected areas.
The Van Gujjars are a semi-nomadic pastoral community, which continues to practice seasonal migration across forests in Uttarakhand, Uttar Pradesh and Himachal Pradesh in pursuit of their pastoral livelihood, and raised an issue regarding this provision.
‘Local’ communities: is used for the clause that allows linear projects for development such as drinking water within protected areas.
This clause can be misused since many claims can be made in the name of locals while alienating forest dwellers and their claims to coexistence.
Vermin: Major concern is with how certain animals are classified as ‘vermin’. Several species which fulfil an ecosystem function should not be declared available to hunt if they cause inconvenience to humans.
Trade in Elephants: It shall not apply to the transfer or transport of any live elephant by a person having a certificate of ownership, where such person has obtained prior permission from the State Government on fulfilment of such conditions as may be prescribed by the Central Government.
Conclusion and Way Forward
It is imperative that future legislations on the subject are aligned with international standards and mindful of the regional ecological requirements.
There is an imminent need to expand the definition of invasive alien species to include invasive native species.
Additionally, an expert advisory committee must be constituted to assist the Central government in the identifying and prioritisation of invasive alien species such that targeted strategies can be developed for managing them.
Adopting the correct definition is the most basic and significant step to propel the conversation on the subject in the right direction.
It is imperative that the amendments do not disrupt the role of the State Board for Wildlife that acts as a check and balance in favour of Standing Committees that are ad hoc in nature. Decision making by such authorities can alienate the claims of forest dwellers and their perceptions of wildlife.
This post was last modified on April 27, 2022 12:46 pm