Legal Provisions for Acquisition of Animals

Source:  TH

Context: The Supreme Court-appointed SIT has found no statutory irregularities in Reliance-owned Vantara’s acquisition of animals, affirming compliance with all wildlife and trade laws.

About Wildlife (Protection) Act, 1972:

  • What it is?
    • A comprehensive legislation enacted by Parliament to protect India’s wildlife, habitats, and regulate human-wildlife interaction. It provides a legal framework for the protection of endangered species and creation of protected areas.
  • Aim:
    • To ensure the protection of wild animals, birds, and plants.
    • To maintain ecological and environmental security by preventing extinction of species.
    • To regulate hunting, trade, and possession of wildlife products.
  • Key Features:
    • Six Schedules (I–VI) classifying species based on protection level (Schedule I & II provide absolute protection; Schedule VI regulates cultivation of certain plants).

Note: It has been amended into 4 schedules by Wildlife (Protection) Act, 2022.

  • Creation of Protected Areas: National Parks, Wildlife Sanctuaries, Conservation Reserves, Community Reserves.
  • Regulation of Hunting: Complete ban on hunting of endangered species; permits only for special purposes like scientific research or population control.
  • Wildlife Crime Control Bureau (WCCB): Established to fight wildlife crimes and illegal trade.
  • Zoo Regulation: Chapter IV-A provides for recognition, management, and regulation of zoos through the Central Zoo Authority.
  • Penalties: Stringent fines and imprisonment for offences, especially involving Schedule I animals.

About Legal Provision for Acquisition of Animals:

  • What the Law Says:
    • Section 40 & 42 of the Wildlife (Protection) Act require any person acquiring, possessing, or transferring a scheduled wild animal (or article) to seek prior permission from the Chief Wildlife Warden (CWW).
    • Section 43 prohibits transfer by sale or offer unless with CWW permission.
    • Section 49 & 49B regulate trade and transport of scheduled animals, ensuring they are not procured illegally or smuggled.
  • Process for Acquisition:
    • Application: Individual/organisation applies to CWW specifying species, purpose, and source.
    • Verification: Authority verifies legality of source (domestic zoo, rescue centre, or permitted foreign institution).
    • Permit/License: Permit issued under Zoo Rules, 2009 (for recognised zoos) or under international agreements like CITES for imports/exports.
    • Transport & Quarantine: Transport must comply with IATA Live Animal Regulations; post-arrival, animals undergo veterinary quarantine.
    • Reporting & Record-Keeping: Acquirer must maintain inventory and submit records to authorities periodically.