Environment Project

WILDLIFE PROTECTION AND CONSERVATION

AN ASSIGNMENT

ON

“WILDLIFE PROTECTION AND CONSERVATION”

Jamia millia islamia

Faculty of law

SUBMITTED BY:

NAME- syed abbas haider

Subject- environment law

BALLB (Hons.) Vith semester

ACKNOWLEDGEMENT

Environment Law Page 1


Now that the project stands complete, I intend to place on record my gratitude towards all

without whom completing the project would have been nothing but out of question.

I have taken efforts in this project but it wouldn't have been possible without the support of many

individuals.

In the first place, I am highly indebted to Professor Manjula Batra for her guidance and constant

supervision as well as for providing necessary information regarding the project and also for his

support in completing the project.

Secondly, I thank the library staff who liaised with us in searching material relating to the

project.

Thirdly, My thanks and appreciations also go to my friends in developing the project and people

who have willingly helped me out with their abilities, and

Finally, I thank the almighty for the monumental tacit support, which boosted my morale and

help me stay confident all through my work upon the project, placed forth by him.

SYED ABBAS HAIDER



Article 48 of the Constitution of India specifies that, “The

state shall endeavor to protect and improve the environment and

to safeguard the forests and wildlife of the country” and,

Article 51-A states that “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.”

INTRODUCTION



Wildlife traditionally refers to non-domesticated vertebrates, but has come to broadly reference

to all wild plants, animals and other organisms. 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.

India has the largest wild population of endangered tigers in the world. The most endangered Indian

top predator of 2010, the dhole is on edge of extinction. Less than 2500 members of the species

remain in the world. The Wildlife in India is a mix of species of different types of organisms.

Apart from a handful of the major famed animals such as cows, buffaloes, goats, poultry and sheep, India has

anamazingly wide variety of animals native to the country. It is home to tigers, lions, leopards,

snowleopards, pythons, wolves, foxes, bears, crocodiles, rhinoceroses, camels, wild dogs,

monkeys, snakes, antelope species, deer species, varieties of bison and not to mention the mighty

Asian elephant. The region's rich and diverse wildlife is preserved in 89 national parks,13 Bio

reserves and 400+ wildlife sanctuaries across the country

Since India is home to a number of rare and threatened animal species, wildlife management in the

country is essential to preserve these species According to one study, India along with 17 mega diverse

countries is home to about 60-70% of the world's biodiversity.

History

The wild life laws have a long history and it is the cumulative 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 codified 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 (10 of 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 (8 of 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 (27 of 1935).



With a land mass of the 329 million hectares and coast line of 7516 km, with oceans, lakes,

rivers and mighty Himalayas and several other mountains ranges, the desert of Rajasthan, the

plateaus, the wetlands and the islands of Andaman and Nicobar and Lakshadweep, India, our

beautiful country, is the home to an amazing variety of fauna and flora. There are about 75,000

species of animals, of which 340 species are mammals, 1200 birds, 420 reptiles, 140 amphibians,

2000 fishes, 50,000 insects, 4000 mollusks and several other species of vertebrates.

After the Second World War the freedom struggle for India started taking its shape and wild life

was relegated 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.

Need for Conservation: The gradual emergence of the human beings as the most

dominant species among all other species of animals and the attempt of the human beings to set

them apart from other species is the main underlying cause of the contemporary environmental

disaster. The main reason behind a threat to the wildlife and the ecosystem is the constantly

growing deforestation, poaching and negligence towards animals and nature.

At the present estimate, 81 species of mammals, 38 species of birds, 18 species of amphibians

and reptiles considered to be endangered in India. The tiger is the largest living member of the

cat family, followed by the lion and the leopard. Habitat destruction and poaching brought about

a sharp decline in their number and the national census of tigers in 1972 recorded that there were

just 1827 of them in our country.

With the entire gloomy picture in regard of our wildlife, India is keen to do its best to protect its

wild life. Luckily, we have ability and media, vocal environmental groups, NGOs and others

who would not tolerate any more interference or intuition with the vast diversity of animal

wildlife.

Relevant Laws:



Wildlife laws in India can be traced back to early third century BC, when Asoka, the Emperor,

codified a law for the preservation of wildlife and environment. Thereafter came several laws

among which, the first codified law was the Wild Bird Protection Act, 1887, enacted by the

British Government. The Government of India brought for the first time a comprehensive act, the

Wildlife Protection Act (WPA), 1972, which was later amended and changes were brought in as

the need arose. Furthermore, to protect the wildlife, the Government of India also became a

signatory to the Convention on International Trade in Endangered Species of Wild Fauna and

Flora (CITES) since October, 1976.

Besides WPA and CITES; the Indian Penal Code, 1860; the Code of Criminal Procedure

(Cr.P.C), 1973; Customs Act, 1962; Indian Forest Act, 1927; Forest Conservation Act, 1981;

Prevention of Cruelty to Animals Act, 1960 are some of the important weapons available for

check and control of wildlife offences including trade.

Wild Life Protection Act (WPA), 1972 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. The act includes all animals like birds,

mammals etc. While the act clearly defines hunting it also prohibits the usage, supply etc. of

animal articles, Animal article means an article made from any captive animal or wild animal,

other than vermin, and includes an article or object in which the whole or any part of such animal

has been used and ivory imported into India.

Section 9 of the Act prohibits hunting of wild animals and birds specified in Schedule I, II, and

III and IV, except as provided under Sections XI and XII. This classification has been made

keeping in mind the significance and population of wildlife. Those highly threatened find a place

in Schedule I.

As of punishment for offences, Section 51 of the Act prescribes a maximum imprisonment of six

years, Rs 25,000 fine or both for hunting animals and birds specified on Schedule I.

CASE LAWS



1. Consumer Education and Research Society V . Union of India 1

(G.T. Nanavati and S.N. Phukan, JJ.,) Wild Life Protection Act,2

Reducing the area of Sanctuary through notifications of the State legislature

The petitioner, Consumer Education and Research Society filed a special leave petition against

the order of the High Court of Gujarat. The petitioner herein challenged the High Court order

which dismissed its contention which challenged the State Governmental notification reducing

the area of Narayan Sarovar Chenkaru Sanctuary. In April 1981, the Gujarat Government

declared 765 sq. kms of thorn forest in the Kutch District as the Narayan Sarvoar Sanctuary. The

Sanctuary covers prime habitats for the Chinkara and is the only protected area where the great

Indian Bustard, the Houbara Bustard and the lesser Florican occur together. A variety of

migratory cranes pass through the area. In the 1990s, Sanghi cement set up its plant on the

southern fringes of the Snctuary. Among the location advantages of the site was the proximity to

rich limestone, lignite and bentonite deposits within the protected areas.

IN 1993, the Gujarat Government issued two notifications. The first claimed that the area of the

sanctuary was substantially in excess of the requirements of the sanctuary and proceeded to

cancel the April 1981 declaration. Simultaneously, the second notification reconstituted a new

Chinkara Wild Life Sanctuary of just 95 sq. kms. The new sanctuary comprised of islands of

non-contiguous areas separated by broad bands of lands where mining activity could proceed.

The High Court rejected the defense and held that 1993 notification were ultra vires. Sec. 26-A

(3) applied to the case and in the absence of a resolution of the State legislature, both the

notifications were quashed.

The petitioner contended that the High Court did not apply its mind to all the relevant aspects.

Further they also contended that there were large number of trees on the land which was given

on lease for the purpose of setting up a cement plant. The same was not brought to the notice of

legislature.

1 (2000(1) SCALE 606)2 1972



However in this case the Apex Court held it will not be proper to invalidate the resolution of the

state legislature on such a ground when we find that it took the decision after duly deliberating

upon the materials which was available with it and did not think it necessary to call for further

information. The power to take a decision of the notification area is not given to the State

Government but to the State Legislature. It will not be proper to question the decision of the Sate

Legislature in a matter of this type unless there are substantial and compelling reasons to do so.

Even when it is found by the court that the decision was taken by the State Legislature hastily

and without considering all the relevant aspects it will be prudent to invalidate its decision unless

there is material to show that it will have irreversible adverse affect on the wildlife and

environment

The court also observed that the State Government and the Legislature attempted to balance

environment and development and therefore there was no need to apply principle of prohibition,

but had to applied the principle of protection or principle of polluter pays to the major mining

operations which are carried within the notified area.

The court declined to quash the state government notifications and resolutions of the State

Legislature instead ordered restoration and controlled exploitation of the mineral wealth of that

area.

2. Centre for Environmental Law World Wide Fund for Nature v. State of

Orissa 3 (A. Pasayat and P.C. Naik JJ.)

The petitioners in this case sought the intervention of the High Court to stop a project involving

the construction of a fish landing Centre at Talchua as flora and fauna are directly going to be

affected in and around the Bhitar Kanika Wildlife Sanctuary.

To investigate the disputed matter, the Court ordered for the constitution of a Committee by the

Ministry of Environment and Forests, along with the Principle Secretary of the State and other

authorities as its members. In furtherance of this, the Environment Impact Assessment

Committee submitted its report to the Hon’ble court. In its contention the State Government

3 [AIR 1999 Ori. 14]



justified before the court that it would continue the project without affecting eco-systems of

Bhirakani Sanctuary and also said that no violation has taken place.

The Court after referring the Committees Report and the arguments of the parties observed that

there couldn’t be a golden scale to evaluate these problems. The Court further laid down the

directions to be followed by observance of conditions of the Environmental Statutes like the

Wildlife Protection Act 1972, in the interest of the local people without affecting the

environment.

Disposing the petition, the Court passed the following orders:

1. All possible attempts for the influx of migratory human population of the surrounding area.

2.To restrict the State Government from furthering the construction of bridges and

developmental activities in the Sanctuary.

3. Centre for Environmental Law, WWF-I v . Union of India 4

[SC Agarwal, S. Sagir Ahmad and Srinivsan JJ]

Wild Life Protection Act - Sections 33-A, 34

Setting up of Veterinary Centers in Sanctuaries and National Parks

The present case highlights the level of non-compliance by States and Union Territories with the

provisions of Wildlife Protection Act. In this case the Supreme Court after obtaining the

affidavits by the various States found that there is hardly any compliance with the two sections

(Section 33-A and 34), especially in relation to immunization of livestock.

The Court directed the States and Union Territories to take concrete steps for the establishment

of veterinary centers of the Animal Husbandry Department in the immediate vicinity and

territory of the National Parks/Sanctuaries within a period of two months in order to fulfill the

requirement under Section 33-A.

4 (AIR 1999 354 SC)



As there was no concrete steps were been taken regarding registration of persons possessing

arms as stated in the Section 34, the Court also directed that all the States and Union Territories

Administration shall frame the necessary rules for the purpose of registration of persons in

possession of arms.

4. Gujarat Navodaya Mandal v . State of Gujarat 5 [Pandit J]

Laying of pipeline inside a Sanctuary

The petitioners, Gujrat Navodaya Mandal, a registered Society under the Society Registration

Act, filed this Writ Petition challenging the permission given to Reliance Petroleum Ltd., to lay a

pipeline in the Marine National park/Sanctuary, Jamagar.

The respondents, Reliance Petroleum Ltd., (RPL) had undertaken Moti Khadi Refinery Project

for the production of petroleum products. RPL, in order to function the said project had to import

crude oil by sea fare and then to refine the same and produce the petroleum products in their

refinery.

RPL had taken clearance from the State Government and No Objection Certificate (NOC) from

Gujarat Pollution Control Board. The Environment Department of the Government of India gave

clearance under Environment Protection Act, 1986 on certain conditions. Further RPL sought

permission under section 2 of the Wildlife Protection Act, 1972, and section 2(ii) of Forest

Conservation Act and the same was granted by the Chief Wildlife Warden.

The petitioner argued that the Chief Wildlife Warden had no jurisdiction to pass the said order of

clearance under Section 29 of the Wildlife Protection Act, 1972. The petitioner also contended

that the said order would render damage to the forest as well as the marine life and environment.

The petitioner prayed for striking down the impugned order.

RPL contended that the order would in no way cause damage to environment. RPL had engaged

National Scientific and Industrial Research (CSIR) as well as National Institute Oceanography

(NIO) to survey the implementation of the project. These organizations carried out the survey 5 1992 (2) Guj L. Her.359



project and cleared the project for RPL. The respondent informed to the Court that it has adopted

the spillage control system and would not cause any damage to marine life.

The Court after hearing the arguments observed, if section considered as a whole, then it would

be quite clear that the destruction done only with the permission granted by Chief Wildlife

Warden. Section 29 does not say that for granting such permission, Chief Wildlife Warden is

required to obtain permission from the State Government which is to be satisfied that the same is

necessary for better management and improvement of Wildlife. That condition is applicable only

in case there is destruction or exploitation or removal of wildlife.

The court also held that both the Central Government and the State Government have been

taking necessary precautions to ensure that neither the ecology nor the environment is damaged

while implementing the project in question. Hence petition was rejected.

5. Nagarhole Budakattu Hakku Sthaapana Samithi v . State of Karnataka 6

[G.C. Bharuka J.,]

Grant of leasing rights in a National Park

The petitioner is an organization working for the welfare of the tribals and is interested in

ensuring the maintenance of the ecological fame in Nagarhole National Park. They challenged

lease hold rights of certain properties situated in the midst of Nagarhole National Park under

lease deed by the Government of Karnataka in favour of M/s Gateway Hotels Resorts Ltd., This

private company was running its business of boarding, lodging and restaurant, past 18 years in

the National Park. The petitioners contended that the grant of leasehold rights violates the

statutory restrictions of the Wildlife Protection Act, 1972 and Forest Conservation Act, 1980.

The petitioner argued that there is a threat to tribals and eco-tourism will bring in modern day

voices of the ultra urban culture. The petitioners alleged that the under the name of renovation of

the structures, the respondent - Company is putting up new structures extending its operational

activities to unworked forest lands by constructing metalled roads and cutting trees. They also

6 AIR 1997 Kar. 288



claimed that powerful generator sets have been installed, which in due course will severely affect

natural movement of wild animals.

The respondent company repudiated the allegations of the petitioners and argued that they

placed builders on pre-existing jungle pathways to make the roads motor able for an easy access

to the resort.

But, the Court felt that the State Government should have taken prior approval of the Central

Government as stated under section 2 of Forest Conservation Act before leasing the same land to

the private company.

A conjoint reading of section 20 and 35(3) of the Act spells out a restriction on requisition of any

right in, on or every land comprised within the limits of the area of a National Park except by

succession, testamentary or interstate.

The Court felt that after the declaration by the State Government about its intention to declare an

area as a national park under section 35(1) no one can acquire any right in on or over the land

comprised therein. The court ordered to the respondent company to immediately stop all its

activities on the forestland in question and handover its possession to the State Government. The

cost of the Public Interest Litigation assessed at 10,0000 to be paid by the State Government and

respondent Company.

6. Tarun Bharat Sangh, Alwar v . Union of India, 7

[B.P. Jeevan Reddy and N. Venkatachala JJ.,]

Forest Conservation Act, 1980; Sections 2

Rajasthan Forest Act, 1953 - Sections - 29

Mining operations in Tiger Forest

7 (1993) Sup (3) SCC 115



The present petition was filed by a voluntary organization, Tarun Bharat Sangh which works

toward the cause of better environmental protection. The petitioners complained that the illegal

mining operations for limestone and marble were going on in the area declared as tiger reserve in

the Alwar district of Rajasthan. It prayed to the court that such activity should be stopped in the

interest of the environment & ecology.

The tiger reserve is a protected forest under Rajasthan Forest Act and also a National Park under

Wildlife Protection Act, 1972. The petitioner argued that the mining license could be granted

within the protected forest except with prior permission of the Government of India under Forest

Conservation Act, 1980.

The committee’s report (a committee was appointed by the Court) revealed that 215 mines

(Appendix A of the Report) fall completely within the areas declared as protected forest. 47

mines (Appendix B of the report) fall partly inside and partly outside the areas declared as

protected forest. The Rajasthan Government on its behalf filed an application before the Court

seeking permission to delineate 5.02 sq. km’s of land from out the protected forest is the interest

of economy of the State, industry and workers involved. This 5.02 sq. km’s of land was meant to

be used for mining operations.

Meanwhile in May 1992 the Central Government issued a notification under Section 3 of the

Environment Protection Act, 1986, which prohibits carrying of mining operations except with

Central Government’s prior permission in the areas covered under Project Tiger.

Adjudicating the case, the court issued a series of directions:

1. Stopping mines listed in A and B of the Committee Report

2. Central Government has to submit its report before 3 months regarding the State Government

proposal to delete 5.02 sq. km’s from the protected area.

3. Mines outside the protected forest permitted for four months and have to take Central

Government permission in that period. They have to close their mines if permission is not

granted by the Central Government.



7. G.R. Simon and Others v. Union of India 8

[M. Jagannath Rao CJ. Anil Dev Singh and Manmohan Sarin JJ.,]

Wild life Protection Act, 1921

Constitution of India -Art 19(1) (g), 300, 300-A

The petitioners are manufacturers wholesalers and dealers engaged in retail trade of tanned,

cured and finished skin of animals and are also engaged in retail trade of articles made of skin

(animal articles).

The petitioners challenged chapter V -A of Wild life Protection of the Amendment Act, 1986 and

notifications issued there in as violating Articles 19(1) (g) read with Art.300 and Art.300 A of

the Constitution.

The petitioners argued that there is no nexus between the object of preservation of animal life

and banning and destroying trade/business in the animal skins and articles made from them.

Further they refused the offer of Bharat Leather Corporation to buy the articles, as the price was

very low. The petitioner further argued that the amendment to the Act by which the holding of

stocks on the expiry of the stipulated period, except reclaimed for personal use, becomes

unlawful was assailed as confiscatory and as deprivation of property. They contended that the

amendment Act rendered the petitioners jobless without any compensation. The petitioners who

had lawfully acquired skin and skin articles of animals (already killed) and had invested huge

amounts of money were deprived of sources of livelihood and violating Art. 19(1)(g). The

protection of large numbers of wild animals could not be said to be in public interest.

However the Court rejected the petitioner’s contentions and stressed the importance of passing

the Wild life Protection Act. It said that the wildlife form part of the cultural heritage in the same

manner as archeological monuments painting, literature etc., and each and every animal plays a

role in maintaining the ecological balance. The petitioners had all the opportunity of selling and

disposing of their stocks to authorized persons from the date of amendments till the date of case

and wasted that time. 8 (AIR 1997 Del 301)



The Amending Act was not a colorable exercise of power. The power to make necessary

changes in the Schedule of Wildlife [Protection] Act vests in the Government under Sec. 61 of

the Act. The submission that Chapter V-A of the Act provides for acquisition and confiscation of

property is not correct in as much as for the preservation of certain species in Schedules I and II

after the prescribed period in the Act makes the possession and retention of the said animal

articles an offence. The question of making provision in the Act for purchase of stocks from the

traders on market rate or for payment of compensation does not arise because the Amending Act

does not provide for the acquisition of the stocks or nay other property held by them. It only

provides for time period within which persons holding stocks of such articles have to dispose of

the said stocks and upon the expiry of the stipulated period it becomes an offence under Sec. 49-

C (7) of the Wildlife Act.

The Court also held that neither the State nor the Bharat Leather Corporation and State Trading

Corporation are under any legal obligation to purchase the stocks of the petitioners. The

petitioners are also not entitled to any further time for disposal of stocks. The stocks of the

petitioners would therefore liable to be dealt with in accordance with the provisions of the Act.

The amendment to the Act are valid and intra-vires.

8. State of Bihar v . Murad Ali Khan 9

(Ranganath Misra and M.N. Venkatachalaiah JJ.,)

Wildlife Protection Act, 1972 - Sections 9, 51 Cr. P.C.- Sections-210, 420

Cognizance of Magistrate Under Wildlife Act

The present case relates to a special Leave petition under Art.136 of the Constitution by the State

of Bihar against the decision of High Court of Patna quashing the order of Magistrate taking

cognizance under section 9(1) and 51 of Wild Life Protection Act, 1972.

9 (AIR 1989 SC 1)



The three respondents with two others shot and killed an elephant in Kunduruguty Range Forest

and removed ivory tusks of the elephant. The Range Forest Officer lodged written complaint

with the Judicial Magistrate I class, Chibusa, alleging offences against the respondents under

Section 51 of the Wild Life Protection Act.

The learned Magistrate took cognizance of this offence and ordered issue of process to the

accused. However, a case had been registered at the Police Station, Sanua, under Sections 447,

429 and 379 I.P.C read with sections 54 and 39 of the Wildlife Protection Act and the matter was

under investigation by the police.

Meanwhile, the respondents approached the High Court under the Section 482 of the Cr.P.C. for

quashing the order of the Magistrate taking cognizance of the alleged offence and issuing

summons. The High Court accepted the petitioner’s contention that Section 210(1) of Cr.P.C.

was attracted as an investigation by the Police was in progress in relation to the same

offence .The learned magistrate would be required to stay the proceedings on the complaint and

call a report from the police. The Magistrate acted without jurisdiction in taking cognizance of

the offence and ordering issue of process against the accused. Relying on this the High Court

quashed the proceedings. The decision of the High Court was based on two grounds. Firstly, the

learned magistrate acted contrary to the provision of Section 210 of Cr.P.C and, secondly, on the

merits of the complaint.

Hon’ble Supreme Court observed that the High Court has erred in coming to the right

conclusion. The court said cognizance of an offence against the Act can be taken by a court only

on the complaint of the officer mentioned in Section 55 and it has been done in this

case...cognizance can be taken only one way and that the complaint of a particular statutory

functionary. There is no scope or occasion for taking more than once and accordingly Section

210 had no role to play.

The court also said that the Section 482 of Cr.P.C. should be used sparingly. In exercising that

jurisdiction the High Court would not embark upon an enquiry whether the allegations in the

complaint are likely to be established by evidence.



The Court also held that an offence envisaged under Section 9(1) read with Sections 2(16) and

51 of the Wild life Protection Act, in its ingredients and content, is not the same or substantially

the same as Section 429 of the Penal Code. Therefore in the case of killing of an elephant, the

report of Police investigation which made out that no offence was committed under Section 429

of Penal Code would not bar with initiation of such proceedings under Section 9(1) read with

Section 51 of the Wild Life Protection Act, 1972. Hence the Court set aside the High Court order

and the Magistrate order was restored

9. Jagdish Singh v . State of Bihar 10 , Patna High Court (S.N. Jha J.,)

Wild Life Protection Act: Section 51

Rs. 50 penalty for killing a Bison

The petitioner filed the present appeal against the order of the trial Court which convicted him

for the imprisonment of 3 months for killing a Bison. While the Wild Life Warden was patrolling

the forest along with his staff in the Betla Reserved Forest, found the petitioner killing a Bison.

The Wild Life Warden prepared the seizure list and arrested the petitioner and filed the case

before the sub-divisional magistrate. He charged him under Section 51 Wild Life Protection Act.

Against this order the petitioners filed an appeal before Sessions Judge. The petitioner contended

that the wild life warden had no jurisdiction to file a complaint; only Chief Wild Life Warden or

any authorized under the Act by the State Government had the power to do so. However, the

respondent argued that any officer authorized by the State Government to file a complaint is

quite competent under the Act.

Rule 31 of 1973 Rules framed by the State Government provides power to Divisional Forest

Officer and Deputy Conservator of Forest to file a complaint apart and along with the Chief Wild

Life Warden. In this case, complaint was filed after obtaining sanction from Divisional Forests

Officer who had authorized to file the complaint. Finally the court held that the petitioner ’s have

no force in their submission. But the Court observed that as occurrence took 10 years ago. So no

10 (1985 Cr.L.J. 1314)



fruitful purpose would be served in sentencing them who are on bail. The court modified the

order of 3 months imprisonment into fine only of Rs.50 to each of the petitioners.

10. Pradeep Krishnan v. Union of India 11

[Ahmadi CJI., B. L Hansaria and S. C Sen JJ.]

Wild Life Protection Act 1972

Challenging the order of the Department of Forests: Collection of tendu leaves

by tribals in National Parks and Sanctuaries

The petitioner, an environmentalist, filed this petition under Art.32 of the Constitution

challenging the legality and constitutional validity of an order of the Department of Forest, State

of Madhya Pradesh. The order permitted Collection of tendu leaves from Sanctuaries and

National Parks by villagers living around the boundaries in order to maintain their traditional

rights. The petitioner contended that the said order violates Wild Life (Protection) Act, 1972, Art

14 and 21, 48-A and 51 A (g) of the Constitution

He also argued that order is mala-fide and against the public interest.

The petitioner’s contention was based on the following points:

1. Whether an area declared as a Sanctuary and National Park under Section 18 can be

exploited for collection of minor forest produce in violation of the restrictions contained in the

Act?

2. Whether State Government has the right to exploit minor forest produce from the Sanctuaries and National Parks?

The respondent informed the Court that there is no real danger to flora, fauna and wildlife in the

National Parks and Sanctuaries. However the petitioner clarified to the Court that he is

11 (AIR 1996 SC 2040)



challenging commercial exploitation of tendu leaves through the contractor as it goes against the

scope and object of Wildlife Protection Act, not the rights of tribal’s in relation to collection of

tendu leaves in the National Parks and Sanctuaries. The tribal’s sought an intervention in the

case. They argued that they are genuine users of tendu leaves. It is for their livelihood and not for

commercial purpose’ s. Collection of tendu leaves is a privilege for generations.

The court observed that the procedure with regard to acquisition of rights in and over the land to

be included in a Sanctuary or National Park has to be followed before a final Notification under

Section 26 or Section 35(1) issued by the State Government. There was no final Notification,

being issued under these provisions. In the instant case, it is not the contention of the petitioner

that the procedure of the acquisition of rights in or over the land of those living in the vicinity of

the area proposed to be declared as sanctuaries and National Parks under Section 26A and 35 of

the Act has been undertaken. It was this reason that the order of 28-3-1995 in terms stated that

since no final notification was issued under the said provisions, the state government was not in a

position to bar the entry of the villagers living in and around the Sanctuaries and the National

Parks so long as their rights were not acquired and final notifications under the aforesaid

provisions were issued. So State Government has not violated any provision of law, as the

Government was not in a position to bar the entry of the villagers into Sanctuaries and National

Parks.

The court directed to the State Government that steps must be taken issuing final notification and

also ordered to institute an enquiry regarding acquiring rights of tribal’s with regard to land. The

court directed that the above steps should be complied within a period of 6 months from the date

of order.

The court gave several directions which include:

a) The State Government must complete the process of issuing final notifications

b) Immediate action with regard to institution of an inquiry

c) Acquire the rights of those who claim any right in or over any land proposed to be

included in the Sanctuary/National Park



11. Rafique Ramzan Ali v. A.A. Jalgaonkar 12 Bombay High Court (Parekh J.,)

Sec. 39 to 51 of the Wildlife Protection Act 1972

Seizing the skins of snakes and lizards

The petitioner filed this appeal against the order of the Additional Chief Metropolitan

Magistrate-conviction for offences under Section 39(3), 40(2), 42(1), 44(2), 49 read with Section

51 of the Wild Life Protection Act. The Assistant Conservator of Forest raided the petitioner’s

shop when he was exhibiting for sale of articles made of lizard and snake skins.

The petitioners argued that the Wild Life Protection Act was designed to protect certain species

of wild life as listed in the Schedule of the Act. So the Act does not apply to all types of snakes

and lizards. The prosecution could only proceed if the articles seized were made of protected

species of snakes and lizards.

After hearing both the parties the court concluded that the complaint did not disclose any offence

especially whether articles seized were made of skins of species of lizard and snakes specified in

the schedule. So the court held that the petitioner has not committed any offence under the Act,

hence the conviction was set aside.

12. Nabin Chandra v. State 13[Sarjoo Prasad CJ.]

Indian Penal Code Section 429, 425

Killing of Rhinoceros

The petitioner shot and killed a Rhinoceros with a gun. The Magistrate convicted the petitioner

under Section 429 of I. P. C and the Sessions Judge upheld the Magistrate’s decision in an

appeal.

However the petitioner contended that the conviction under section 429 of the Indian Penal Code

was not valid, as the section does not apply to the killing of wild animals like Rhinoceros. The 12 1984 Cr. C. J. 146013 [AIR 1961 ASS 18]



court held it is clear from the language of the section that the various animals enumerated therein

are all domestic animals so the words any other animal in the section means animal of same kind

or class, ejusdem generis, as domestic. animals and does not include wild animals. Moreover

Rhinoceros cannot be held as domestic animal.

Further, the Court held that Section 425, which speaks of mischief, does not apply here. Where

no one has any property or right in an animal, the rule of Mischief cannot be admitted. Hence the

killing of Rhinoceros does not come within the meaning of section 425.

The court set aside the conviction and sentence of the petitioner and ordered for refund of fine

imposed by the Wildlife warden.

13. Trilok Bahadur v. State of Arunachal Pradesh 14 (Gauhati High Court)

(K.N. Sarkaria J.,)

Sec. 51 of the Wild Life Protection Act, 1972

Killing of a tiger

The petitioner, a Guard in Changlai camp, when on sentry duty observed and reported the

presence of a tiger. Accordingly he was ordered by his Commander to fire two or three rounds in

the air. The tiger instead fleeing came towards him and attempted to assault him. The accused

had no option but to fire at the tiger. As a result the tiger died.

The Deputy Commissioner sentenced the accused for 6 months simple imprisonment under

section 51 of the Wild Life Protection Act. Criminal revision was filed before this court.

The basic question before the High court was to determine whether the accused killed the tiger in

hunting or his self-defense. The court observed that the nature and ferocity of the animal would

be relevant in that context.

14 1979 CR. L. J 1409



Romans called tiger ferae nature by nature of dangerous ferocity. In the case of attack by a ferae

nature the victim cannot be expected to weigh the chances in a golden scale. The inference can

be drawn that he was acting in his self-defense. It is a early a case of killing the tiger in good

faith in defense of oneself and it cannot said that the accused was committing any offence prior

to shooting the tiger that charged at him. He is completely protected under section 11(2) of the

Act.

14. Jalandhar Chakma v. Deputy Commissioner of Aijawad 15

Sec. 18 of the Wild Life Protection Act 1972

Eviction of villagers from Wild Life Sanctuary: Publication of notification.

The petitioners challenged the order of notification passed by Administrative officers under the

Wildlife Protection Act 1972. The orders related to the eviction of certain villages that are within

the Dampa Wild Sanctuary. The orders were made under Wild Life Protection Act. Under

Section 18 of the Act a notification has been issued by the Development Commissioner declaring

the area given in that notification within the Dampa Wild Sanctuary.

The petitioner contended that there was no publication of such notification in the Official Gazette

and therefore the said notices cannot be sustained. The Court after observing the provisions of

Chapter IV of the Act held that the said orders are without jurisdiction and they were to be set

aside.

15. All India Mobile Zoo Owners and Animal Welfare Association v. Union of

India 16 ( Manmohan Sarin. J )

Wildlife Protection Act, 1972, Sec. 38-39

Closure of Mobile Zoos

15 (AIR 1983 Gau. 18)16 AIR 2000 Delhi 449



The petitioner prayed the Court to issue a writ of mandamus directing the Wild Life Warden

under the Wild Life Protection Act 1972, for adequate compensation of Rs.15 to 20 lakh in the

event of the closure of the Zoo, as ordered by the Warden under the Act. The Petitioner's

challenge for recognition of their Mobile Zoos under Sec. 28(H) of the Wild Life Act .As they

had failed, they were left with no other alternative but to surrender the animals before the Wild

Life Warden for which they seek instruction from the Court for compensation. The Court after

hearing both the parties, held that the petitioners were entitled to compensation as regards

animals, the possession and holding of which was not illegal under the Act of 1972, but were

surrendered to the authorities. But as to the holding of animals which was illegal and expressly

prohibited under the Act, no such compensation need to be paid, nor any ex gratia payment

could be made, as the petitioners were holding the animals without the permission of the

authorities.

16. State of Himachal Pradesh v. Smt. Halli Devi, 17

R. L Khurana, J.

Wildlife Protection Act, 1972, Sec. 1

Claim of compensation: Attack by a Bear

The petitioner through this petition claimed compensation in tort for damages by injuries

sustained by the claimant as a result of attack by a ferocious wild animal i.e., black bear. The

question before the Court to adjudicate was whether the Wild Life Protection Act 1972 provides

any sort of compensation in the form of damages to be awarded as a result of attack by wild

animals? Whether the State is liable under the Law of Tort for payment of compensation?

17 AIR 2000 H. P 113



The respondent, was a resident of the District of Chamba and while going to her cattle shed for

the purpose of feeding her cows, was attacked by a black bear as a result of which she sustained

the serious injuries: like loss of complete eye sight, compound fracture of left mandible, nasal

bone, left forearm etc., her permanent disability was assessed at 100 % by medical authorities.

Thus a claim of Rs. 1,00,000 was made against the Divisional Forest Officer. It was averred that

the Divisional Forest Officer, under the scheme for the preservation of wildlife, had let loose the

Bear and other protected wild animals in the Jungle and unfortunately killing of such animals is

also prohibited by the State Government. As a result of the attack by the black Bear, the

respondent suffered grievous injuries and sustained 100% permanent disability. She has spent

about Rs. 50,000 on her medical treatment. In claiming damages, the respondent alleged that she

suffered due to the acts of omission and commission of the defendants.

The defendants on their part, denied liability for the damages, and for letting loose the black

Bear. They raised several objections to the petition, including one of jurisdiction. They further

claimed that Sec. 60 of the Wildlife [Protection]Act, 1972, provides that no suit, prosecution or

other legal proceeding shall lie against any officer or employee of the Central Government or

State Government for anything which is done in good faith. Hence this suit is hit by the above

section.

The Court while admitting the petition under the civil provision held that claiming damages for

the injuries sustained as result of attack by a wild animal would not be an action for damages

caused by an Act which has been done in good faith by the State or its officers/ employees under

the Act. Further the Court held that to succeed in claiming damages under the tortuous liability

of the defendant, the onus was heavily on the plaintiff to show that damages was sustained by her

due to some act of omission or commission of the defendants. The plaintiff had miserably failed

to discharge such onus. There is no provision under the Wild Life [Protection] Act, 1972 for

providing relief to a victim attacked by wild animals. Decision of the State Government to grant

gratuitous relief to victims was a welcome sign of a democratic Government, but providing for

such relief would not tantamount to admission of liability by the State, for tort or death or

injuries by wild animals.



CONCLUSION

Protection of Wildlife alone is not possible only by laws and Government. Despite all of these

laws and efforts, destruction of wildlife, illegal trade and poaching continues. Active cooperation

from the common public is also very necessary. It is now high time for us to understand the

gravity of the situation and act on its behalf. And this can only be achieved by our awareness and

by further stringent laws by the Government. We must not lose the national treasures in our rat

race of urbanization and modernization.

Wildlife conservation is the science of analyzing and protecting the Earth’s b i o l o g i c a l

d i v e r s i t y , w h i c h i s t h e v a r i a t i o n o f l i f e f o r m s w i t h i n a g i v e n



ecosystem, or for the entire Earth. Biodiversity on the Earth today consists of many mi l l i ons

o f d i s t i nc t b io log i ca l spec i e s . Wi ld l i f e conse rva t i on i s t he p roce s s o f

i nd iv idua l s and o rgan i za t i on t o p ro t ec t and p r e se rve s t he s e s p e c i e s

t h r o u g h c o n s e r v a t i o n e d u c a t i o n , p r e s e r v a t i o n o f h a b i t a t a n d

managemen t o f f i sh and w i ld l i f e . The re a r e many w i ld l i f e conse rva t i on

societies and organizations that work tirelessly to save wild lands and wildlife through

international conservation and education. These groups strive to c h a n g e

a t t i t u d e s t o w a r d n a t u r e a n d t o p r o t e c t n a t u r a l a r e a s a n d w i l d

populations of plants and animals, including endangered species.

Bibliography

a) Law and Environment, By- P. LEELA KRISHNAN

b) Law and Environment, By- PARAS DIWAN

c) Environmental pollution and Law , by Krishna Iyer

d) Constitution of India , By M.P Jain

e) WWW.INDIAKANOON.ORG


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