Environment & Ecology : Acts And Policies

Q 3 / 13

UPSC CSE Prelims 2022

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 ?

EXPLANATION

Correct Option

The correct option is 2 only

Explanation

The Wildlife (Protection) Act, 1972 provides the primary legal framework governing the protection, conservation, and management of wildlife in India, including the status of wild animals as property and the conditions under which protected species may be captured or killed.

Statement-wise Analysis

  • Statement 1 - Incorrect: Under the Wildlife (Protection) Act, 1972, wild animals are not the sole property of the government. Section 2 of the Act defines wild animals as government property only in specific contexts. More precisely, every wild animal specified in Schedules I to IV, when found in any area not being a protected area, is the property of the Central Government. However, wild animals in protected areas are the property of the State Government. Since ownership is divided between Central and State Governments depending on location, the blanket claim that wild animals are the sole property of the government - implying exclusive Central Government ownership - is incorrect.
  • Statement 2 - Correct: Under the Wildlife (Protection) Act, 1972, a protected wild animal is entitled to legal protection regardless of whether it is found within a designated protected area or outside it. The protection accorded to scheduled species under the Act extends across the entire territory of India and is not geographically restricted to sanctuaries, national parks, or tiger reserves. This principle of uniform territorial protection is a fundamental feature of the Act.
  • Statement 3 - Incorrect: Mere apprehension of a protected wild animal becoming a danger to human life is not sufficient legal ground for its capture or killing under the Wildlife (Protection) Act, 1972. The Act requires that the Chief Wildlife Warden must be satisfied, based on evidence, that a particular wild animal has become dangerous to human life or property, or is so disabled or diseased as to be beyond recovery. Only upon such satisfaction can an order for capture or killing be issued. A mere apprehension or anticipatory fear does not meet the legal threshold prescribed under the Act.

Key Takeaway: Under the Wildlife (Protection) Act, 1972, protected wild animals enjoy uniform protection across all geographic areas - inside and outside protected zones. However, wild animals are not the sole property of a single authority, and mere apprehension of danger is legally insufficient to authorise capture or killing of a protected species.

SOURCEEnvironment by Shankar IAS, Chapter 10: Environmental Legislation