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WILDLIFE
LEGISLATION: | |
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though the protection of wildlife through enactment under British Regime started
regionally as early as 1873 through the Madras Act to prevent the indiscriminate
destruction of wild elephants and for the whole of India in 1912 with the promulgation
of the Wild Birds and Animals Protection Act, the Wildlife (Protection) Act of
1972 must be viewed as the first comprehensive legislation for control and management
of wild animals including its habitat.
The
very purpose of the Act is to protect the wildlife which includes wild animals
and plants under Schedule I- VI , covering various endangered and vulnerable species
of Mammals, Amphibians, Reptiles, Birds, Crustacea, Insects and Plants.
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Chapter I explains different terms used in
the Act . -
Chapter
II deals with various provisions for appointment, constitution and
delegation of powers and duties of the concerned authorities. -
Chapter
III incorporates provisions / prohibition of hunting and protection
of specified plants. -
Chapter
IV mentions
procedures for declaration and control of Sanctuary and National Park, restrictions
on entry, immunization of livestock, registration of persons in or within 10 km
of such areas for possessing arms and provisions for constitution of and function
of Central Zoo Authority and recognition of Zoos. -
Chapter
V deals with provision/ prohibition of Trade or Commerce in Wild Animals,
Animal Articles and Trophies. -
Chapter
VI Rules for Prevention and detection of offences have been
provided . -
Chapter
VII deals with miscellaneous provisions for reward, declaration of
vermin, Rights of STs etc. -
The
West Bengal Wildlife (Protection) Rules, 1973
is also in vogue.
In 1982, Section 11
& 12 are amended for permitted capture and translocation of wild animals for scientific
management or for instruction in alternative suitable habitat of endangered species.
Section 44 was also amended which relates to grant of licenses for carrying on
business in trophies and animals articles. The amendment of 1986 has
enforced the provisions of CITES under Article 253 of the Constitution. As per
Chapter V-A, no person whether with or without a licence could commence or carry
on business as manufacturer or dealer in any of the scheduled animal articles
or in ivory or in trophies or in captive animals or in meat derived from such
animals or cook or serve meat from such animal or as taxidermist. The entire existing
stock was to be taken over the Chief Wildlife Warden excepting those animal article
etc., which were required for the bonafide personal use of the person to whom
the stock belongs. In October 1991, far reaching and hard-hitting amendments
were made yet again to the Act. As such, they constitute a major step towards
providing greater protection to Wildlife. Equally important, the Act has now acquired
the much needed teeth through enhanced punishment for violations. The scope of
the new amendments is extremely wide, ranging from a total ban on the export of
birds to upgrading conditions in Indian Zoos, captive breeding and hopefully reintroduction
of endangered species into the wild. Chapter III A provides protection to specified
plants and prohibition of their collection and exploitation.It prohibits hunting
of all specified wild animals. The stocks of wildlife articles which is held by
dealers licenced under the act is to be verified and identification stamps placed
on each. Commercial felling and exploitation of wildlife (flora and fauna) has
been banned in wildlife sanctuaries as it is in National Parks. The transportation
of wildlife or wildlife products has been banned except on prior permission. The
Export Policy was amended bringing about a total ban on export of birds. Non officials
can directly take instances of violations of this act to the court. The last amendment
was made in the year 1993.
West Bengal historically held a position of pre-eminence in trade and commerce
in Eastern India, and this applied to the Wildlife trade as well. West Bengal
is believed to have a fair degree of control over illegal hunting and collection
of wildlife. The regular seizure and search operation are being done by the Vigilance
Wing and other Law Enforcement Agencies. |
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