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House panel adopts report on wildlife bill
The bill which seeks to amend the Wild Life (Protection) Act, 1972 for better implementation of Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) was introduced in Lok Sabha on December 17 .
The Parliamentary Standing Committee on Science and Technology, Environment, Forests and Climate Change has finalised and adopted its report on the Wildlife Protection (Amendment) Bill 2021, according to a tweet from Jairam Ramesh, Congress leader and chairman of the standing committee. He added that the report “strikes a fine balance” between the government’s “ aims and valid concerns of conservationists” and that it will be “submitted before April 24 deadline and then made public,”
The bill which seeks to amend the Wild Life (Protection) Act, 1972 for better implementation of Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) was introduced in Lok Sabha on December 17 . On December 25 it was referred to the Parliamentary Standing Committee on Environment. 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 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.
Lawyers representing Legal Initiative for Forest and Environment (LIFE) have said the Wildlife Protection Amendment Bill 2021 if passed could allow for commercial trade in live elephants.
The Wildlife (Protection) Act, 1972 specifically prohibits trade in wild animals including captive and wild elephants. Under section 40 and 43 of the Wildlife Protection Act, transfer of and acquiring a captive elephant is permissible under the existing legal provision with the prior approval of the Chief Wildlife Warden. However, such transfer, acquisition and receiving of an elephant should not involve any commercial transaction. Thus sale, purchase and offer for sale or purchase was explicitly prohibited under the provisions of the Act. But LIFE has pointed out that the amendment bill introduces a new subsection (4) to section 43.
“(4) This section (section 43) shall not apply to the transfer or transport of any live elephant by a person having a certificate of ownership, where such person has obtained prior permission from the State Government on fulfilment of such conditions as may be prescribed by the Central Government,” the bill states. “Thus, an exception has been carved out by excluding ‘live elephant’ from the general prohibition contained in Section 43. The implication of the same is that commercial sale and purchase is no longer prohibited, under the Act. The Amendment Bill therefore allows for commercial trade in elephants,” LIFE has stated in January.
LIFE also highlighted that the amendment bill proposes to set up a ‘Standing Committee’ of the State Board for Wildlife which is to be headed by the Vice Chairperson i.e Forest Minister and ‘not more than ten members to be nominated by the Forest Minister. “This in effect means that the Standing Committee can function with just two members i.e the forest minister and a member. The State Board will be a defunct body. The Bill therefore intends to replicate the model of the National Board for Wildlife and its Standing Committee. It is pertinent to point out that the National Board for Wildlife headed by the Prime Minister has not met since 2014; all its statutory functions are carried out by the Standing Committee headed by the Environment Minister with no accountability to the Board,” LIFE said in its submission.
Ramesh tweeted in February: “I’m overwhelmed by the over 70 responses received from experts and institutions on the Wildlife Protection (Amendment) Bill, 2021. The Bill had not been based on widespread consultations. It is poorly drafted and has huge shortcomings.”
“Now the Standing Committee has a very complicated task of examining the 50 amendments proposed. We hope to complete this exercise in the next 45 days. I’m involving a number of professionals for the task. Frankly, this is what the ministry should have done in the first place!”
