Lok Sabha clears bill on rights of forest dwellers, endangered species
The Lok Sabha passed the Wildlife Protection (Amendment) Bill, 2021, on Tuesday after hours of debate on issues related to conservation of endangered species, human-wildlife conflict and rights of forest dwellers, among others.
The Lok Sabha passed the Wildlife Protection (Amendment) Bill, 2021, on Tuesday after hours of debate on issues related to conservation of endangered species, human-wildlife conflict and rights of forest dwellers, among others.
The draft legislation amends the Wild Life (Protection) Act, 1972, for better implementation of Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The final amendments approved in the Lok Sabha were not available on Tuesday evening.
The Bill was referred to a parliamentary standing committee led by Congress leader and former environment minister Jairam Ramesh, which submitted a 254-page report in April, raising several concerns and urging the environment ministry to consider the suggestions of scientists and conservationists.
The draft law, for instance, proposes standing committee of the State Board for Wildlife, which will be packed with official members and end up being a rubber stamp for faster environmental clearances of projects, independent experts have said.
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The parliamentary panel had said that if a standing committee is to be formed, one-third of its members should be non-official. It should also have at least three institutional and the director of the Wildlife Institute of India or his or her nominee.
Following the debate in the Lok Sabha, environment minister Bhupender Yadav on Tuesday addressed some of the concerns. Among several clarifications, Yadav said the government has requested the Supreme Court to reconsider its order on June 4 directing that all national parks and wildlife sanctuaries in the country which fall under protected forest must earmark a minimum distance of 1km as eco-sensitive zones where prohibited activities specified by the Centre, including mining and establishment of any new permanent structure, will not be permitted.
“Many members have asked why have you brought a new management committee in the bill? India is one of the oldest CITES members. It’s our responsibility to see how we can use biodiversity sustainably,” Yadav said. “Trade, export of products related to endangered species were being handled earlier by customs and department of trade promotion. We needed a management committee for certification of import and export of products related to wildlife and endangered species. It is our collective responsibility. It’s not meant to take away the rights of state governments.”
The protected area network in India has increased from 693 in 2012 to 987 in 2022, he pointed out.
“It is difficult to say what is the final shape of the bill. There may be lots of changes in the wording. Bills are normally passed with minor changes,” said Ritwick Dutta, an environmental lawyer. “The question is how much of the parliamentary standing committee report recommendations have been considered. We have to see the final bill to comment.”
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, according to the statement of objectives and reasons of the draft legislation introduced on December 18 last year. The draft legislation sought to include the aspects of conservation and management of wildlife covered by law and make amendments for better management of protected areas.
It proposed to rationalise and amend the schedules that list out wildlife species to ensure better care of seized animals and disposal of seized wildlife parts and products. India is a party to the CITES, which requires that appropriate measures are taken to enforce the provisions of the convention.
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Several wildlife and legal experts had criticised certain clauses of the Bill, particularly the proposal to set up the standing committee of the state board for wildlife, which is to be headed by the forest minister and not more than 10 members to be nominated by the minister. This in effect meant that the standing committee can function with just two members, critics said.
“At present, the state boards by virtue of their composition are still able to speak in the interest of wildlife. This will no longer be the case once the standing committee of the state board is constituted,” the Legal Initiative for Forest and Environment (LIFE) had submitted to the ministry in December.
They had also pointed that the Bill gives excessive powers to the Centre to declare certain species vermin and that it doesn’t provide adequate protection against alien invasive species.
