Explained: What is Wild Life (Protection) Amendment Bill?

New Delhi, Dec 10: The Rajya Sabha on Thursday passed the Wild Life (Protection) Amendment Bill, 2022 to amend the Wild Life (Protection) Act of 1972, by voice vote. The Lok Sabha passed the Bill during the Monsoon session earlier this year.

The Wild Life (Protection) Amendment Bill, 2021, which had undergone scrutiny of a parliamentary panel, seeks to conserve and protect wildlife through better management of protected areas and rationalise schedules which list out species under the Wild Life (Protection) Act, 1972.

Speaking in the Rajya Sabha, Union Minister for Environment, Forest and Climate Change Bhupender Yadav noted that while protecting the forest land is critical it is equally important to safeguard the rights of the people who have been residing there for ages. He noted that the government has taken steps to increase green cover in the country since taking over the reins in 2014, as reported by PTI. Yadav also said that the government is bound to protect wildlife, including elephants, according to provisions of the law.

According to the statement of objects and reasons of the bill, the Wild Life (Protection) Act, 1972, was enacted to provide for the protection of wild animals, birds and plants with a view to ensure the ecological and environmental security of the country.

The bill also seeks to include the aspects of "conservation" and "management" of wildlife which are covered by the Act and make amendments for better management of protected areas. It proposes to rationalise and amend the schedules, which list out wildlife species, for the purposes of clarity, and ensure better care of seized live animals and disposal of seized wildlife parts and products.

The bill further seeks to enable control of invasive alien species and allow for transfer or transport of live elephants by person having ownership certificates in accordance with conditions prescribed by the central government.

It also proposes to insert a new Chapter VB in the principal Act for regulation of international trade in endangered species of wild fauna and flora and allow state boards for wildlife to constitute standing committees.

Key features of the Bill include:

CITES: CITES is an international agreement between governments to ensure that international trade in specimens of wild animals and plants does not threaten the survival of the species. Under CITES, plant and animal specimens are classified into three categories (Appendices) based on the threat to their extinction. The Convention requires countries to regulate the trade of all listed specimens through permits. It also seeks to regulate the possession of live animal specimens. The Bill seeks to implement these provisions of CITES.

Rationalising schedules: Currently, the Act has six schedules for specially protected plants (one), specially protected animals (four), and vermin species (one). Vermin refers to small animals that carry disease and destroy food. The Bill reduces the total number of schedules to four by: (i) reducing the number of schedules for specially protected animals to two (one for greater protection level), (ii) removes the schedule for vermin species, and (iii) inserts a new schedule for specimens listed in the Appendices under CITES (scheduled specimens).

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 (iii) Scientific Authority, which gives advice on aspects related to impact on the survival of the specimens being traded. Every person engaging in trade of a scheduled specimen must report the details of the transaction to the Management Authority. As per CITES, the Management Authority may use an identification mark for a specimen. The Bill prohibits any person from modifying or removing the identification mark of the specimen. Additionally, every person possessing live specimens of scheduled animals must obtain a registration certificate from the Management Authority.

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. The central government may authorise an officer to seize and dispose the invasive species.

Control of sanctuaries: The Act entrusts the Chief Wild Life Warden to control, manage and maintain all sanctuaries in a state. The Chief Wild Life Warden is appointed by the state government. The Bill specifies that actions of the Chief Warden must be in accordance with the management plans for the sanctuary. These plans will be prepared as per guidelines of the central government, and as approved by the Chief Warden. For sanctuaries falling under special areas, the management plan must be prepared after due consultation with the concerned Gram Sabha. Special areas include a Scheduled Area or areas where the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 is applicable. Scheduled Areas are economically backward areas with a predominantly tribal population, notified under the Fifth Schedule to the Constitution.

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 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.