Proposed wildlife law plans penalties of up to Rs50 lakh for violators

New Delhi: The Union environment ministry plans to overhaul India’s wildlife protection laws and introduce more severe penalties ranging up to ₹ 50 lakh for violations.

The preliminary draft for amending the Wildlife Protection Act (WPA), 1972 is being discussed by officials of the Indian Forest Service.

India is a party to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES); the draft Act aims to bring India’s wildlife law in conformity with CITES. It also aims to regulate international trade in endangered species of wild fauna and flora in line with CITES.

The draft, reviewed by Mint, prohibits manufacture, sale, purchase, possession, transport or use of any animal trap by any person residing within 10km of a wildlife sanctuary.

The existing wildlife law has provisions of penalties ranging from ₹ 500-25,000 for violation of the law. To deter poachers, the draft law recommends higher penalties ranging from ₹ 5,000 to ₹ 50 lakh.

For instance, keeping an animal trophy will invite imprisonment for a minimum of five years and maximum of seven years along with minimum fine of ₹ 1 lakh which could be extended to ₹ 25 lakh.

A trophy is the whole or any part of any captive animal or wild animal that has been preserved by any artificial or natural means, and includes rugs and skins.

In cases of repeat offences, the term of imprisonment would be a minimum of seven years with minimum fine of ₹ 5 lakh which could be extended to ₹ 50 lakh.

For this, the present law has a provision for minimum imprisonment of one year and maximum of six years along with a minimum fine of ₹ 5,000. In cases of repeat offences, the minimum imprisonment is of two years and may be extended to six years; it has a provision for a minimum fine of ₹ 10,000.

For offences related to the sale or purchase or transfer or offer for sale or trade of any animal specified in WPA 1972 or the meat of such animal or animal article, trophy, or uncured trophy derived from such animals, the draft recommends minimum imprisonment of seven years along with a minimum fine of ₹ 15 lakh.

In repeat cases, the draft recommends imprisonment of seven years and a minimum fine of ₹ 30 lakh.

In cases of hunting in a wildlife sanctuary or a national park, the draft law recommends minimum imprisonment of five years and maximum of seven years. The minimum fine recommended for this offence is ₹ 5 lakh which can be extended to ₹ 25 lakh. In repeat offences, imprisonment shall not be less than seven years; the minimum fine will be ₹ 30 lakh.

The new draft of the wildlife Act also specifies a separate penalty for offence related to hunting in tiger reserves to control poaching of tigers. According to the draft, any offence related to hunting in a tiger reserve shall be punishable with minimum imprisonment of seven years along with a minimum fine of ₹ 5 lakh, which could be extended to ₹ 30 lakh.

In cases of repeat offences, the minimum imprisonment shall be seven years and minimum fine ₹ 50 lakh. There is no such specific provision related to offences in tiger reserves in the present Wildlife Protection Act.

Although India takes pride in being home to around 60% of the world’s wild tigers, 2016 has not been a great year for the big cat. According to the minister of state for environment, forest and climate change (MoEFCC) Anil Madhav Dave, 73 tiger deaths have been recorded in India till 20 July this year compared to a total of 78 in all of 2015.

To make it difficult for violators to escape the law, the draft act states that, “notwithstanding anything contained in the Code of Criminal Procedure, 1973, every offence punishable with a term of imprisonment for three years or more” under the proposed new wildlife act, “shall be a cognizable offence”.