10 July 2010
RIGOROUS PUNISHMENT FOR WILDLIFE CRIMES
From Our Delhi Bureau
NEW DELHI: The Forest and Environment Ministry has notified the final
draft of the Bill for some 30 amendments in the Wild Life (Protection)
Act that include rigorous and stringent penalties on wildlife crimes.
Pointing out that the current provisions of penalties have been
ineffective with no deterrent effect, one of the amendments prescribes
higher penalties for trade in wildlife articles by treating it as a
serious crime.
The ministry sources said the final draft is based on numerous
suggestions received from various stake holders and it will be now put
before the National Board of Wildlife to be constituted before it is
brought before Parliament for amending the Act.
The new penalties proposed will also apply to the owners or occupiers
of the premises used to commit any offence under the Act. This was
felt necessary to ensure that any person allowing use of hi9s premises
for unlawful purposes does not go unpunished.
Yet another proposed amendment will allow the courts to take
cognizance of the offences under the Act on the report of the police
officers under the Criminal Procedure Code as otherwise the present
law require courts to act only on the complaint of the certain
specified officers.
Electrocuting is also sought to be included in the definition of
hunting of the wild animals while manufacture, sale and use of leg
hold traps is sought to be banned as the present Act prohibits
possession of such traps only inside the protected areas.
Yet another amendment is proposed to redefine "wild animal" by
changing the present definition as any animal specified in Schedules I
to IV and found wild in nature. The new definition replaces the word
"and" with "or" to make it clear that it applies also to the animals
that may not be found in wild but kept in captivity as their hunting
too would attract harsh punishment.
While the Act bans use of chemicals, explosives or other injurious
substances in a sanctuary, the new amendment will also include
equipment like bulldozers, chainsaws and other machinery in the list
of the injurious things banned in a sanctuary. For better protection
of the national parks, the provisions of sanctuaries have been
extended to them as well.
Yet another amendment seeks to cover specified plants whether picked,
uprooted, kept or dealt with or sold as government property that
cannot be acquired, transferred or destroyed by any person, without
the prior permission of the Chief Wild Life Warden. Seized wild
animals and all their parts become the government property while the
new amendment also provides for seizure of the vehicles used in the
crime.
Yet another amendment seeks to ban trade in peacock tail feathers and
articles and trophies made from it to put an end to rampant poaching
of the national bird, even while exempting their possession for
religious purposes.
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