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Criminology and Law MODULE No.31: Wildlife Protection Act

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Criminology and Law MODULE No.31: Wildlife Protection Act SUBJECT FORENSIC SCIENCE Paper No. and Title Paper No.2: Criminology and Law Module No. and Title Module No. 31: Wildlife Protection Act Module Tag FSC_P2_M31 FORENSIC SCIENCE PAPER No.2: Criminology and Law MODULE No.31: Wildlife Protection Act TABLE OF CONTENTS 1. Learning Outcomes 2. Introduction 3. What is Wildlife? 4. Wildlife Protection Act, 1972 5. Wildlife Protection Society of India 6. Project Tiger 7. Wildlife Conservation 8. Case Study 9. Summary FORENSIC SCIENCE PAPER No.2: Criminology and Law MODULE No.31: Wildlife Protection Act 1. Learning Outcomes After studying this module, you will be able to understand – Wildlife and its conservation strategies Wildlife protection society of India Project Tiger Wildlife Protection Act 2. Introduction The wildlife laws have a long history and are the culminative result of an increasing awareness of the compelling need to restore the catastrophic ecological imbalances introduced by the depredations inflicted on nature by human being. The earliest codified law can be traced to 3rd Century B.C. when Asoka, the King of Magadha, enacted a law in the matter of preservation of wild life and environment. But, the first law in India which heralded the era of laws for the wild life and protection was enacted in the year 1887 by the British and was titled as the Wild Birds Protection Act, 1887. This Act enabled the then Government to frame rules prohibiting the possession or sale of any kinds of specified wild birds, which have been killed or taken during the breeding season. Again the British Government in the year 1912 passed the Wild Birds and Animals Protection Act, 1912 as the Act of 1887 proved to be inadequate for the protection of wild birds and animals. The Act of 1912 was amended in the year 1935 by the Wild Birds and Animals Protection (Amendment) Act, 1935. After the Second World War the freedom struggle for India started, which relegated this to the background. But after independence, the Constituent Assembly in the Draft Constitution placed "Protection of Wild Birds and Wild Animals" at entry No.20 in the State List and the State Legislature has been given power to legislate. It was as late as which resulted in the enactment of a comprehensive Law in 1972 1960's that the concern for the depleting wild finally aroused, which resulted in the enactment of a comprehensive law in 1972. FORENSIC SCIENCE PAPER No.2: Criminology and Law MODULE No.31: Wildlife Protection Act 3. What is Wildlife? Wildlife traditionally refers to non-domesticated animal species, but has come to include all plants, fungi and other organisms which grow or live wild in an area without being introduced by humans. Domesticating wild plant and animal species for human benefit has occurred many times all over the planet, and has a major impact on the environment, both positive and negative. Wildlife can be found in all ecosystems - deserts, forests, rain forests, plains, grasslands, and other areas including the most developed urban sites, all have distinct forms of wildlife. While the term in popular culture usually refers to animals that are untouched by human factors, most scientists agree that wildlife around is affected by human activities. Humans are Destructive to the wildlife environment 4. Wildlife Protection Act, 1972 The first comprehensive legislation relating to protection of wild life was passed by the Indian Parliament and assented by the President on 9th September, 1972 and came to be known as The Wild Life (Protection) Act, 1972 (53 of 1972). The Act provides for the protection of wild animals, birds and plants; and for matters connected therewith or ancillary or incidental thereto. It extends to the whole of India, except the State of Jammu and Kashmir which has its own Wildlife Act. It has six schedules which give varying degrees of protection. Schedule I and part II of Schedule II provide absolute protection - offences under these are prescribed the highest penalties. Species listed in Schedule III and Schedule IV are also protected, but the penalties are much lower. Schedule V includes the animals which may be hunted. The plants in Schedule VI are prohibited from cultivation and planting. The hunting to the Enforcement authorities have the power to compound offences under this Schedule (i.e. they impose fines on the offenders). It shall be the duty of every citizen of India, to protect and improve the natural environment including forests, lakes, rivers and wildlife, and to have compassion for living creatures. FORENSIC SCIENCE PAPER No.2: Criminology and Law MODULE No.31: Wildlife Protection Act Penalties Penalties are prescribed in section 51 of the Act. Enforcement can be performed by agencies such as the Forest Department, the Police, the Wildlife Crime Control Bureau (WCCB), the Customs and the Central Bureau of Investigation (CBI). Charge sheets can be filed directly by the Forest Department. Other enforcement agencies, often due to the lack of technical expertise, hand over cases to the Forest Department. List of Amendments in Wildlife Protection Act 1972 To remove deficiencies, to include more such animals and to empower authorities for its enforcement the Act was amended four this as follows: The Wild Life (Protection) (Amendment) Act, 1982 (23 of 1982) The Wild Life (Protection) (Amendment) Act, 1986 (28 of 1986) The Wild Life (Protection) (Amendment) Act, 1991 (44 of 1991). The Wild Life (Protection) (Amendment) Act, 1993 (26 of 1993). 5. Wildlife Protection Society of India The WILDLIFE PROTECTION SOCIETY OF INDIA (WPSI) was founded in 1994 by Belinda Wright. Since its dawn, WPSI's main aim has been to bring a new focus to manage India's growing wildlife crisis. It provides support and information to government authorities to combat poaching and the escalating illegal wildlife trade - particularly in wild tigers. It has now broadened its focus to deal with human-animal conflicts and provide support for research projects. With a team of committed environmentalists, WPSI is one of the most respected and effective wildlife conservation organizations in India. It is a registered non-profit organization, funded by a wide range of Indian and international donors. The Society’s Board Members include leading conservationists and business people. They collaborate with state governments to monitor the illegal wildlife trade and provide them with hands-on training and support to combat poaching and the illegal wildlife trade. They conduct Wildlife Law Enforcement Workshops for enforcement agencies. FORENSIC SCIENCE PAPER No.2: Criminology and Law MODULE No.31: Wildlife Protection Act More than 8,000 forest, police and customs officers have received training in more than 200 workshops which have been held in 17 states across India. They made presentations to the National Police Academy, the Indian Institute of Criminology, the Central Bureau of Investigation (CBI), the Indo-Tibetan Border Police (ITBP), Customs and Excise, the Wildlife Institute of India, tiger reserve authorities, and enforcement training centers on prevention & protection programs. WPSI has developed a Wildlife Crime Database, which is one of the most comprehensive in India, with details of over 20,000 wildlife cases and 16,000 alleged wildlife criminals. It is constantly analyzed and updated with inputs from a number of sources including our country network of investigators. The information plays a critical role in the development of new strategies to protect Indian wildlife. WPSI have pioneered investigations into the trade in tiger parts and other endangered species valued in the illegal wildlife trade, and exposed widespread tiger poaching and its links to the use of tiger parts in traditional Chinese medicine. The death of a wild tiger no longer is ignored and people now know how and why tigers are killed. They were the first organization to expose the workings of the shahtoosh trade and its links with the trade in tiger parts. Over the years, they have assisted in the arrests of hundreds of wildlife criminals and the seizures of huge amounts of illegal wildlife products, particularly tiger parts. In 2011 they provided information and assistance to enforcement agencies to register 39 wildlife cases, in which a total of 97 alleged wildlife criminals were arrested. The legal program supports the prosecution of a number of important wildlife cases. These include poaching and trade cases that involve tiger and other endangered species. We also file petitions on important wildlife conservation issues, including encroachments in protected areas. On the policy front, WPSI provides inputs to the central and state governments for the development of better policies governing forests and wildlife. The WPSI works under the following four heads, to bring about a balanced approach towards the protection and conservation of wildlife - Investigation WPSI maintains a network of undercover agents and Informants who gather intelligence on the illegal trade in endangered species. Training WPSI conducts Wildlife Law Enforcement Workshops for enforcement agencies. Since 2000, it has undertaken over 25 workshops in 12 States across India. FORENSIC SCIENCE PAPER No.2: Criminology and Law MODULE No.31: Wildlife Protection Act Conservation WPSI supports Conservation Projects for species as varied as the tiger, otter and sea turtle. Among these projects are: Support to Bandipur Tiger Reserve, Trade & Wildlife Crimes Grassroots NGO Support Network, Support to Corbett Tiger Reserve & Adjoining Forests and Support to Sundarbans Tiger Reserve,. They also provide support to prosecution of wildlife court cases and public interest litigations Education WPSI is actively involved in all of India's major wildlife conservation issues and have been in the forefront of media campaigns to highlight the importance of wildlife protection. WPSI prints and distributes posters creating awareness among people about tiger and wildlife conservation and laws. The posters target the general population, highlight the need for conservation and encouraging the protection of wildlife and spelling out penalties for poaching and trading.
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