The problem of Wild Life Protection is serious and quite old. However, it was realized in the 1960's that the Wild Life was depleting. It was recognized to be a pressing issue after the passing of the Wild Life (Protection) Act, 1972.
The legislation relating to forest has been formed it in the form of Wild life Act, which is designed for the protection of plant. The definition of "wild life" has been given in Section 2(36) of Wild Life Act, which lays down that Wild Life includes animals, bees, butterfly, crustacea, fish, andmoths; and aquatic or land vegetation which form part of any habitat. This definition is inductive. The term, "wild life" is used in dual sense, one is wider including even widening group of animals, mammals, fishes, reptiles, amphibians, orthropades, and plants also.
Whereas in the narrower sense it indicates only wild fauna. The Wild Life Protection (Amendment) Act, 2003 has added another Schedule, namely Sixth Scheduled in addition to the fifth.
The Wild Life Protection Act, 1972 has imposed restriction on hunting of wild life. The wild life has been classified into different categories by including in them five Schedules as late as upto 1991, hunting of wild animals, specified in Schedule I was totally banned but that of animals in Schedules II, III, IV was regulated requiring licences. It may be noted that in 1991 prohibition on hunting was expanded to all animals, described in Schedules I to IV of the Act. Where any animal has become dangerous, threating human life or is sick beyond recoveries, the CWW may allow hunting of such animals according to the provision of Section 12.
Such permission can also be given to hunt wild animals for purposes of educational and scientific management of wild life.
Hunting of wild animals to be permitted in certain cases.-
Section 11 provides that notwithstanding anything contained in any other law for the time being in force and subject to the provisions of Chapter IV-
(a) the Chief Wild Life Warden may, if he is satisfied that any wild animal specified in Schedule I has become dangerous to human life or is so disabled or diseased as to be beyond recovery, by order in writing and stating the reasons therefor, permit any person to hunt such animal or cause such animal to be hunted;
(b) the Chief Wild Life Warden or the authorized officer may, if he is satisfied that any wild animal specified in Schedule II, Schedule III, or Schedule IV, has become dangerous to human life or to property (including standing crops on any land) or is so disabled or diseased as to be beyond recovery, by order in writing and setting the reasons therefore, permit any person to hunt such animals or cause such animals to be hunted.
Proviso I to Section 11 (1) says that no wild animal shall be ordered to be killed unless the Chief Wild Life Warden is satisfied that such animal cannot be captured, Tranquillised or translocated.
Proviso (2) to Section 11 (2) is to the effect that no such captured animal shall be kept in captivity unless the Chief Wild Life Warden is satisfied that such animal cannot be rehabilitated in the wild and the reasons for the same are recorded in writing.
Explanation to Section 11 (1) lays down that for the purpose of clause
(a) [of Section 11 (1)], the process of capture or translocation, as the case may be, of such animal shall be made in such manner as to cause minimum trauma to the said animal.
(2) The killing or wounding in good faith of any wild animal in defence of oneself or of any other person shall not be an offence:
Provided that nothing in this sub-section shall exonerate any person who, when such defence becomes necessary, was committing any act in contravention of any provision of this Act or any rule of order made thereunder.
(3) Any wild animal killed or wounded in defence of any person shall be Government property.
Grant of Permission for special purpose. Notwithstanding anything contained elsewhere in this Act, it shall be lawful for the Chief Wild Life Warden to grant, a permit by an order in writing stating the reasons therefore, to any person, on payment of such fee as may be prescribed, which shall entitle the holder of such permit to hunt, subject to such condition as may be specified therein, any wild animal specified in such permit for the purpose of
(1) education,
(2) scientific Research,
(3) scientific management,
(4) collection of specimens (i) for recognised zoos subject to the permission under Section 38 (1); or (ii) for museums and similar institutions,
(5) derivation, collection or preparation of snake venom for the manufacture of life saving drugs. [Section 12 of the Wild Life (Protection) Act, 1972]
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