Some bite for Wildlife Act

The Times of India , Tuesday, May 25, 2010
Correspondent : Nitin Sethi

Illegal hunting in tiger reserves or any attempt to encroach on reserve land in the country could soon incur a jail term of not less than seven years and a fine of up to Rs 50 lakh. Further, poachers having a second run-in with the law could be up for stiffer punishment, as a deterrent.

These are some of the clauses in the amendments proposed to the Wildlife Protection Act by the Union environment and forests ministry. The amendments, if cleared by Parliament, will raise penalties for all contraventions of the legislation, besides bringing in a slew of other key changes in wildlife management, aimed at empowering the forest department and channelizing wildlife research.

According to the amendments proposed, offences relating to animals listed endangered or critical could now incur a jail term of not less than five years, compared to the one-year jail term at present. The fine that can be imposed in such cases will be a minimum of Rs 5 lakh as compared to the upper ceiling of Rs 25,000 imposed earlier. Known poachers could be in for more trouble as a second offence will attract a jail term of not less than 7 years. They could also be fined upto Rs 25 lakh.

While some wildlife enthusiasts have been keen on such stiff penalties to deter criminals, the demand has been tempered by critiques pointing out the abysmally low conviction rate in such cases — roughly about 1%. To ensure more criminals are brought to book, the proposed legislation empowers the judge or magistrate to allow detention of the accused in the custody of the forest department for up to seven days to facilitate investigations.

Tribal rights advocacy groups, however, have warned of how stringent clauses of the forest and wildlife act and policing powers handed to the forest department have been disproportionately used against poor forest-dwellers and tribals as a form of intimidation. The new amendments do intend to reduce some pressure on forest-dwellers by allowing them access to drinking and other household water sources within sanctuaries and parks — a basic necessity that was not provided for earlier.

The proposed changes also seek to empower the forest department to take on criminals more effectively. Along with tightening the noose around poachers, it demands the same penalty for those abetting the crime. Anyone providing a room to an alleged poacher to carry the animal, for instance, will be prosecuted for the same penalties as the poacher himself. This proposal, again, holds strong potential of being misused against poorer tribals, forestdwellers and small-time poachers instead of cracking down on the organized poaching network that operates across borders.

The amendment bill also looks at wildlife research, attempting to systematize the process of granting rights to researchers. The ad-hoc mechanism prevailing at present, leaving research organizations at the mercy of officers in the field, could now possibly come to an end once the bill is approved.

Proposed Amendments

Penalty of not less than 7 yrs and fine upto Rs 50 lakh for hunting in or encroaching on tiger reserves

Greater powers to forest dept, such as custody rights for up to 7 days

Ban on trade in peacock feathers

Management and regulation of trade in plants and animals not native to India

Rights to researchers to undertake studies in protected areas etc Land of

THE TIGER

2,100

Royal Bengal tigers alive, according to WWF

1,411

alive in India

80

National parks

441

Wildlife sanctuaries

 
SOURCE : http://epaper.timesofindia.com/Default/Scripting/ArticleWin.asp?From=Archive&Source=Page&Skin=TOINEW&BaseHref=CAP/2010/06/25&PageLabel=13&EntityId=Ar01300&ViewMode=HTML&GZ=T
 


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