Context
The Supreme Court-appointed Special Investigation Team (SIT) has confirmed that there were no statutory irregularities in Reliance-owned Vantara’s acquisition of animals, affirming compliance with all relevant wildlife and trade laws. This case highlights the importance of the Wildlife (Protection) Act, 1972 and the legal procedures governing the acquisition, possession, and transfer of wild animals in India.
Wildlife (Protection) Act, 1972
What it is?
- A comprehensive legislation enacted by Parliament to protect India’s wildlife and habitats, while regulating human–wildlife interaction.
- Provides a legal framework for conservation of endangered species and establishment of protected areas.
Aims
- To protect wild animals, birds, and plants.
- To ensure ecological balance and environmental security by preventing extinction.
- To regulate hunting, trade, and possession of wildlife and related products.
Key Features
- Schedules of Protection: Originally six (I–VI), classifying species based on protection level.
- Schedule I & II: Absolute protection.
- Schedule VI: Regulates cultivation of certain plants.
- Note: Rationalised into four schedules by the Wildlife (Protection) Amendment Act, 2022.
- Protected Areas: Provides for creation of National Parks, Wildlife Sanctuaries, Conservation Reserves, and Community Reserves.
- Regulation of Hunting: Imposes a complete ban on hunting endangered species, with exceptions for research, education, or population control under sanction.
- Wildlife Crime Control Bureau (WCCB): A specialised body to combat wildlife crimes and illegal trade.
- Zoo Regulation: Chapter IV-A establishes the Central Zoo Authority for recognition and regulation of zoos.
- Penalties: Stringent fines and imprisonment, especially for offences involving Schedule I animals.
Legal Provisions for Acquisition of Animals
What the Law Says
- Section 40 & 42: Any person acquiring, possessing, or transferring a scheduled wild animal or article must obtain prior permission from the Chief Wildlife Warden (CWW).
- Section 43: Prohibits sale or transfer without official permission.
- Section 49 & 49B: Strictly regulate trade and transport of scheduled animals, ensuring they are not illegally sourced or smuggled.
Process for Acquisition
- Application: Submission to CWW with species details, purpose, and source.
- Verification: Authorities confirm the legality of the source (e.g., recognised zoo, rescue centre, licensed foreign institution).
- Permit/License: Issued under the Zoo Rules, 2009 (for recognised zoos) or CITES conventions (for imports/exports).
- Transport & Quarantine: Must follow IATA Live Animal Regulations; animals undergo mandatory veterinary quarantine post-arrival.
- Reporting & Record-Keeping: Acquirer must maintain inventory records and submit them periodically for inspection.
Conclusion
The SIT’s findings in the Vantara case reaffirm that the Wildlife (Protection) Act, 1972 provides a robust and transparent legal framework for wildlife protection. By mandating strict permissions, regulated trade, and scientific management, the Act ensures that wildlife acquisitions are conducted in a lawful, accountable, and conservation-oriented manner, safeguarding both biodiversity and ecological security.
Source : The Hindu
