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Question

With reference to Indian laws about wildlife protection, consider the following statements:

  1. Wild animals are the sole property of the government.
  2. When a wild animal is declared protected, such animal is entitled for equal protection whether it is found in protected areas or outside.
  3. Apprehension of a protected wild animal becoming a danger to human life is sufficient ground for its capture or killing.

Which of the statements given above is/are correct?

This question was previously asked in
UPSC CSE 2022 (Prelims) CSAT Previous Year Paper (05-June-2022)
The correct answer is

1 and 2

Analyzing Indian Wildlife Protection Laws

Let's carefully examine each statement regarding Indian laws on wildlife protection to determine which ones are correct.

Statement 1: Wild animals are the sole property of the government.

In India, the legal framework, particularly the Wildlife (Protection) Act, 1972 (WPA, 1972), vests the ownership of wild animals in the government. This means that once a wild animal is captured or killed, its ownership belongs to the state government, or the Central government in certain cases, rather than the person who captures or kills it (unless it's done legally under specific permissions). This legal provision aims to protect wildlife by preventing private ownership and trade in wild animals. Therefore, this statement is correct under the provisions of the Indian Wildlife Protection Act.

Statement 2: When a wild animal is declared protected, such animal is entitled for equal protection whether it is found in protected areas or outside.

The protection status granted to an animal under the Wildlife (Protection) Act, 1972, is based on the species itself, not its location. Animals listed in the Schedules, especially Schedule I and Part II of Schedule II, are granted the highest level of protection. This protection applies to them regardless of whether they are found inside a designated Protected Area (like a National Park or Wildlife Sanctuary) or in areas outside these reserves, such as forests, agricultural lands, or even human habitations. Killing, injuring, or disturbing such protected animals is prohibited everywhere, unless specifically allowed by law under exceptional circumstances. Thus, a protected animal receives equal protection irrespective of its location.

Statement 3: Apprehension of a protected wild animal becoming a danger to human life is sufficient ground for its capture or killing.

This statement is not entirely accurate as per the nuances of wildlife protection laws. While the WPA, 1972, does provide provisions for dealing with animals that pose a threat to human life, mere 'apprehension' is generally not considered sufficient ground. The law typically requires that the animal must have become 'dangerous to human life' or be disabled or diseased past recovery. Decisions to capture or kill a protected animal in such situations usually require specific orders from competent authorities, like the Chief Wildlife Warden, after proper assessment. Simply fearing that an animal *might* become dangerous is usually not enough legal justification for its capture or killing. Therefore, 'apprehension' alone is generally not sufficient grounds.

Evaluating the Statements on Wildlife Protection Laws

Based on the analysis of each statement concerning Indian wildlife protection laws:

  • Statement 1: Wild animals are the sole property of the government. (Correct)
  • Statement 2: When a wild animal is declared protected, such animal is entitled for equal protection whether it is found in protected areas or outside. (Correct)
  • Statement 3: Apprehension of a protected wild animal becoming a danger to human life is sufficient ground for its capture or killing. (Incorrect)

Therefore, the statements that are correct are 1 and 2.

Summary of Statements on Wildlife Protection
Statement Validity (Based on analysis)
1. Wild animals are government property. Correct
2. Protected animals get equal protection everywhere. Correct
3. Apprehension of danger is sufficient for capture/killing. Incorrect

Revision Table: Key Aspects of Wildlife Protection

Quick Review of Wildlife Laws
Aspect Explanation
Ownership Wild animals are legally owned by the government (State or Central).
Protected Status Applies to the species itself, not limited by location (inside/outside protected areas).
Dealing with Dangerous Animals Requires more than just apprehension; typically needs actual threat and official permission.

Additional Information on Wildlife Protection Act, 1972

The Wildlife (Protection) Act, 1972, is a cornerstone of wildlife conservation in India. Here are some key points:

  • Purpose: Provides a legal framework for the protection of wild animals, birds, and plants.
  • Schedules: The Act contains Schedules that list species based on their level of protection. Schedule I and Part II of Schedule II provide absolute protection, and offences under these are given the highest penalties.
  • Protected Areas: The Act provides for the declaration and management of Protected Areas such as National Parks, Wildlife Sanctuaries, Conservation Reserves, and Community Reserves.
  • Authorities: Establishes authorities like the National Board for Wildlife and Wildlife Wardens at the state level (Chief Wildlife Warden, Wildlife Warden) responsible for implementing the Act.
  • Hunting Prohibition: Prohibits hunting of wild animals listed in the Schedules. 'Hunting' is defined broadly to include killing, poisoning, snaring, capturing, and even disturbing or damaging the habitat of any wild animal.
  • Penalties: Specifies penalties for violations of the Act, with stricter punishments for offences involving animals listed in Schedule I or Part II of Schedule II, or in National Parks and Sanctuaries.

Understanding these aspects of the Wildlife (Protection) Act, 1972, is crucial for grasping the details of wildlife protection in India.

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Important Questions from Acts/Laws/Policies related to Environment

  1. As per the Hazardous Waste (Management, Handling and Transboundary Movement) Rules, 2008, the ____________ shall be the nodal Ministry to deal with the transboundary movement of the hazardous wastes and to grant permission for transit of the hazardous wastes through any part of India.

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