Previous Year Question
With reference to Indian laws about wildlife protection, consider the following statements.
Wild animals are the sole property of the government.
When a wild animal is declared protected, such animal is entitled for equal protection whether it is found in protected areas or outside.
Apprehension of a protected wild animal becoming a danger to human life is sufficient ground for its capture or killing.
Which of the statements given above is/are correct?
1 and 2
Only 2
1 and 3
Only 3
Correct Answer: B
Detailed Solution
The Wild Life (Protection) Act, 1972 is the principal central law for the protection of wild animals, birds and plants.
Every living wild animal has not automatically been declared the property of the government. Therefore, Statement 1 is not correct.
Under Section 39 of the Act, a wild animal captured, killed, found dead or unlawfully acquired under circumstances specified in the law, and articles derived from it, become government property.
Therefore, the provision of Section 39 does not mean that all wild animals living in their natural state are the sole property of the government.
The statutory protection granted to a wild animal is not confined only to the geographical boundaries of a national park or wildlife sanctuary.
Whether a protected species is located inside or outside a protected area, the provisions of the Act concerning its hunting, capture or killing apply. Therefore, Statement 2 is correct.
A protected species does not lose its statutory protection status merely because it is found outside a protected area.
Mere apprehension that a protected wild animal may become dangerous to human life is not sufficient ground for capturing or killing it. Therefore, Statement 3 is not correct.
The competent statutory authority must be satisfied on the basis of prescribed circumstances and available facts.
Even in relation to an animal declared dangerous to human life, the prescribed procedure, written order and necessary safeguards under the Act must be followed.
Wherever possible, preference is given to capturing, tranquilizing or relocating the animal safely instead of killing it.
The law seeks to balance human safety and wildlife conservation; a protected animal cannot be killed merely on the basis of speculation or general fear.