WILDLIFE (PROTECTION) AMENDMENT BILL, 2021

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Context: Standing Committee on Science and Technology, Environment, Forests and Climate Change has recommended government to remove the controversial clause in the Wild Life (Protection) Amendment Bill, 2021 that encourage sale and purchase of captive elephants.

Background:

The Wild Life (Protection) Amendment Bill 2021 was introduced in the Lok Sabha on December 17, 2021 and was referred to the Parliamentary panel on December 25.

Panel recommendations:

The committee has argued for a “careful balance” between traditions and conservation.
It is deeply conscious of the fact that a number of religious and cultural institutions in some states own elephants which play a crucial role in daily worship and rituals.
It has attempted to strike a careful balance to ensure that age-old traditions are not interfered with while at the same time addressing widespread concerns that nothing should be done to give an impression that private ownership of elephants and trade is going to be encouraged.
It has recommended that the government could bring in additional checks to allow sale and purchase by religious institutions.
It pointed out many discrepancies with the compilation, as a number of species are missing in all the three Schedules.
It founds species that should be in Schedule I but have been placed in Schedule II. There are species missing altogether both in Schedules I and II as well as in Schedule III.
The Bill fails to address “human-animal conflict”.

Wild Life (Protection) Amendment Bill 2021

The 2021 amendment Bill proposes 50 amendments to the existing Wildlife (Protection) Act, 1972.
The amended bill also seeks to rework the protection Schedules.
The Bill seeks to increase the number of species protected under the law, and implement the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)
Instead of the present six Schedules in the principal Act, the Bill proposes three Schedules —
- Schedule I for species that will enjoy the highest level of protection
- Schedule II for species that will be subject to a lesser degree of protection, and
- Schedule III covers plants.
Obligations under CITES: The Bill provides for the central government to designate a:

(I) Management Authority, which grants export or import permits for trade of specimens, and

(ii) Scientific Authority, which gives advice on aspects related to impact on the survival of the specimens being traded.

Invasive alien species:The Bills 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 wild life or its habitat.
Control of sanctuaries:The Act entrusts the Chief Wild Life Warden to control, manage and maintain all sanctuaries in a state.
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 Wild Life Warden. No compensation will be paid to the person for surrendering such items. The surrendered items become the property of the state government.
Penalties: The Act prescribes imprisonment terms and fines for violating the provisions of the Act. The Bill increases these fines