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UPSC Prelims 2022 · Environment · Rules for the Planet
With reference to Indian laws about wildlife protection, consider the following statements: Which of the statements given above is/are correct?
- Wild animals are the sole property of the government.
- When a wild animal is declared protected, such animal is entitled for equal protection whether it is found in protected areas or outside.
- Apprehension of a protected wild animal becoming a danger to human life is sufficient ground for its capture or killing.
- (a) 1 and 2
- (b) 2 only
- (c) 1 and 3
- (d) 3 only
Show the answer and explanation
Answer: (a) 1 and 2
Animals belong to the State and are protected everywhere.
Statement by statement
1. ✓ CORRECT Under Section 39 of the Wild Life (Protection) Act, specified categories of wild animals are government property.
2. ✓ CORRECT A protected (scheduled) animal is protected wherever it is, inside or outside a protected area.
3. ✗ WRONG A mere apprehension is not enough; the Chief Wildlife Warden must be satisfied it has actually become dangerous to human life (Section 11).
The idea
Two ideas run through the Wild Life (Protection) Act. First, wild animals in the categories covered by Section 39 belong to the State, not to the landowner. Second, protection is attached to the animal, not to the place: a leopard in a sugarcane field has the same protection as a leopard inside a national park.
Protected animal is seen as a threat → Fear alone is not enough → Chief Wildlife Warden must be satisfied it has become dangerous to human life → First try to capture, tranquillise or shift it → Killing is allowed only if that is not possible
The trap
Statement 3 sounds reasonable. The law demands actual danger, certified by the Chief Wildlife Warden.
Also know
After the 2022 amendment the Act has four schedules: Schedule I (animals with the highest protection), Schedule II (animals with lesser protection), Schedule III (protected plants) and Schedule IV (species listed under CITES). Forests and protection of wild animals were moved to the Concurrent List by the 42nd Amendment, 1976.
🔒 WPA: Sec 39 = government property · Sec 11 = CWW may permit hunting of dangerous animals.