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Chapter 6 Conclusion and recommendations
Chapter 1:-
Endangered species in India include large varieties of rare species of flora and fauna.
Endangered species is defined as a population of an organism that is at the danger of
becoming extinct because of several reasons.233
The research study involves the critical analysis of Wild Life Protection Act to solve the
problem of conflict between human and animal specifically leopard. The reason to select the
leopard as the focus of study is that animal and human conflict is common in the most part of
India particularly involving leopard. In the last decade, leopard conflict had reached serious
levels with 560 cases of leopard attack in Uttarakhand and 240 in Maharashtra. In Himachal,
133 incidents have been reported in the last three years.234
Conflict between humans and animals are serious problem in many parts of India. The
damage and destruction caused by a variety of animals to human property and sometimes to
human life is a real and significant threat to many human communities. With the animals
often killed, captured or otherwise harmed in retaliation, these conflicts are one of the main
threats to the continued survival of many species. This is mainly due to expanding human
population and the continued loss of natural habitats.
The impacts are often huge. People lose their crops, livestock, property & sometimes their
lives. The animals, many of which are already threatened or endangered are often killed in
retaliation or to ‗prevent‘ future conflicts.235
In such situation, it is necessary to manage the
accidents arising out of conflicts with speed & accuracy in order to prevent panic and injuries
or death.
Wild Cats and Leopards occur all over India. They have always lived at the fringes of villages
and human habitations, preying off domestic livestock and dogs. For instance, the 1883 Nasik
Gazatteer states the following "Leopard is often found on the outskirts of villages, carrying
away village dogs and prefers scrubby jungles to dense forests"236
Leopards are increasingly venturing into cities, towns and villages in India. With humans
seizing every little bit of space left, it has become hard for the leopards to find shelter home
and food. The adaptable animals therefore seek easy prey in cattle or loiter around the city
233
www.indianetzone.com (Visited on 28th
April 2011) on Thursday at 11:30 am 234
http://www.hindustantimes.com (Visited on 26th
April 2011) at 4:30 pm 235
www.panda.org/species, (Visited on 09 Feb 2011) on Wednesday at 6:30 pm 236
Conflict past and present, http://www.projectwaghoba.in/conflicts.htm (Visited on 18th July 2012)
96
garbage to grab their bite. Most of them also know the tact to remain hidden, but occasionally
due to human intervention, the cover is blown. Stoned, pelted, tranquilized and killed, the
wild cats are being targeted by humans for trying to survive in a human infested world.
What has been another cause for the increased leopard deaths is poaching. In 2010, 54.87 %
of the 328 leopard deaths across the country were due to poaching.237
―Most leopard deaths are caused when they wander into human habitation and the scared
people try to drive them away. As long as this behaviour persists, their numbers will continue
to fall. This is an issue that needs to go beyond the law. We need to place more emphasis on
creating awareness among the people on the need to protect these animals,‖ says Belinda
Wright, executive director, Wildlife Protection Society of India (WPSI).
Although there have been no exclusive surveys done to estimate the leopard population of
India, government has reported their population at 12,014 in January, 2008. Most experts feel
that this number may have changed for the worse in the last 2-3 years.238
Chapter 2
Human-wildlife conflict is fast becoming a critical threat to the survival of many endangered
species, like wild buffalo, elephants, tiger, lion, leopard etc. such conflicts affect not only its
population but also has widened environmental impacts on ecosystem equilibrium and
biodiversity conservation. Laws are man-made, hence there is likelihood of anthropocentric
bias towards man, and rights of wild animals often tend to be of secondary importance. But in
the universe man and animal are equally placed. The human rights approach to environmental
protection in case of conflict is often based on anthropocentricity.239
Wildlife-human conflicts are a serious obstacle to wildlife conservation and the livelihoods of
people worldwide and are becoming more prevalent as human population increases,
development expands, and global climate changes and other human and environmental factors
put people and wildlife in greater direct competition for a shrinking resource base.
237
http://indiasendangered.com ‗Leopards Victims of The Man-Animal Conflict‘ (Visited on 10th
March 2012)
238 http://indiasendangered.com ‗Leopards Victims of The Man-Animal Conflict‘ (Visited on 10
th March 2012)
239 T.N. Godavarman Thirumulpad Vs. UOI and Ors., AIR2012SC1254
97
Conflicts between wildlife and humans cost many lives, human and wildlife, threaten
livelihoods, and jeopardize long-term conservation goals such as securing protected areas and
building constituencies in support of biodiversity conservation.240
Chapter 3
It seems appropriate to first become familiar with some of the key terms and concepts:-
The dictionary meaning of endangered species is ―a plant or animal species existing in such a
small numbers that it is in danger of becoming extinct, especially when such a species placed
in jeopardy as a result of human activity. One of the principal factors in the endangerment or
extinction of a species is the destruction or pollution of its native habitat. Other factors
include hunting, intentional extermination, and the accidental or intentional introduction of
alien species that outcompete the native species for environmental resources.‖241
Endangered refers to a species whose population is declining drastically, and is in danger of
extinction.
Threatened applies to those species whose population levels are declining and that are likely
to become endangered in the foreseable future.
A species is a group of living organisms (plants, animals, or microbes) that breed under
natural conditions and are reproductively isolated from other populations. If species
considered endangered or threatened are not protected they may become extinct. Species
become extinct when all individuals of that species die. When this occurs, the species and all
the genes of that particular species' genetic line are lost forever. To prevent endangered
species to becoming extinct it is important to conserve, protect and show respect for the
earth's biodiversity.
Biodiversity refers to the total number of species, genes, and ecosystems found on our planet.
It is a representation of the wealth of life on earth, a wealth which has undergone hundreds of
millions of years of evolutionary changes, and to which many human cultures have become
adapted. Biological resources provide mankind with food, and form the basis of many
medicines and industries. The enormous variety of life in the form of genes, species, and
habitats has incredible value as it allows humans to successfully meet the demands of the
ever-changing environment in which we live.
240
Barua Mann, Human-Wildlife Conflict & 21st Century Conservation,(2010) Reading Group Outline,
University of Oxford 241
www.thefreedictonary.com (Visited on 29th
March 2012)
98
In India there is no any special enactment to protect endangered species except some
provisions under the Wild life protection act. Author has made recommendations to enact the
Endangered Species Act- 2013.
There are concluding remarks of chapter 2 as follows:-
1. To raise awareness amongst local people. Apart from face to face interaction, the best way to
do so is blogging. To invite the suggestions from people Blog needs to create awareness about
endangered animals and what we can do to help them.
2. Recycle and Reuse- It will reduce the need to have more raw materials to produce something.
As a result a lot of trees will be spared and wild animals‘ habitat will get prevented from
being disturbed.
3. One of the most important ways to help threatened plants and animals survive is to protect
their habitats permanently in national parks, nature reserves or wilderness areas. Where they
can live without much human interference. It is also important to protect habitats outside
reserves such as on farms and along roadsides.
India is home to very diverse and rich wildlife which includes over 172 endangered species. A
great deal of effort has been made in the last sixty years to preserve the natural habitats as
well as the population of the wildlife across the Indian landscape. With the encroachment of
human activities on these lands, the natural habitat has been destroyed and has shrunk
considerably. This has endangered not only the smaller avian, reptile and mammal‘s
population but also eroded endemic flora and fauna.242
Ancient India had a philosophy of environmental management principally enshrined in old
injunctions as they were contained in many scriptures and smrities. Abuse and exploitation of
nature for immediate gains was considered unjust, irreligious and against environmental
ethics under the Hindu culture. The environmental ethic of nature conservation was not only
applicable to common man but the rulers and kings were also bound by them.
According to the International Union for the Conservation of Nature, Australia has the highest
number of extinct species, making it the country having the most endangered species in the
world. There are a total of 427 endangered or threatened fauna in Australia. The impact of
human activity, changes in landscape, and in habitat play a role in endangering these species.
242
www.kwintessential.co.uk/articles/india/Wildlife-Protection-In-India/3041 (Accessed on 29th March 2012)
99
China is a vast country with abundant natural resources and landscapes which provide habitats
for a variety of wildlife. There are over 4,400 species of vertebrates including 1,244 species of
birds, 430 mammals, 208 amphibians, 350 reptiles, and 2,300 fishes. China is one of the
countries with largest number of wildlife species.
Chapter 4
The preservation of Wildlife is a matter of Public Interest. It is the duty of every citizen to
protect & improve the natural environment, including lakes rivers, and wild life, and to have
compassion for living creatures.243
In GR Simon v. Union of India,244
The role of animals in maintaining ecological balance has
been analyzed. The protection of wildlife is included in the Directive Principles of the State
Policy under the Constitution (Forty-Second Amendment) Act 1976 under cl (g) of Art 51 A
of the Constitution. It is the Fundamental Duty of every citizen to protect and improve the
natural environment, including various lakes, rivers and wildlife, and to have compassion for
living creatures. The court held that:-
―Wild Life forms part of our cultural heritage in the same manner as other archaeological,
painting, literature etc. Each and every animal plays a role in maintaining the ecological
balance and therefore, the contention that animals have no role to play or are detrimental to
human life is completely misconceived.‖
The court examined the examples of jackals said that jackals are ‗natural scavengers who feed
on offal and dead animals, thereby keeping the environment clean‘. While the mortality rate
due to snake bites is very low compared to the death caused by other diseases and animal
bites, snakes are the natural killers of rats, which cause loss of nearly 33 million tonnes of
stored cereals, apart from dreaded disease of plague. It is to be recognized that Wild Life is an
asset and heritage to be preserved for future generations.245
243
Art. 51 A (g) of the Constitution of India. 244
AIR 1997 Del 301. 245
Ibid, p304.
100
Chapter 5
Researcher conducted interview of following villages from Karad Taluka, Dist- Satara based
on the large number of conflict of leopard & human being-
1. Village Tambave,
2. Gharevadi,
3. Agashiv Nagar,
4. Mhasoli &
5. Shanivar Peth (Karad).
The Karad Taluka is a place which is largely cultivated and sugarcane is grown around. As
researcher discussed earlier sugarcane land is most suitable to leopard. Where they get
privacy for breeding purposes, as well as easily get livestock from the nearby village for
livelihood.
vi. Leopards often take up residence in croplands and tea-gardens.
vii. They are not usually inclined to attack people; on the contrary, they avoid people.
viii. Wild carnivores may attack in self-defence, and, therefore, it is advisable to avoid
provocation or confrontation.
ix. Mere sighting of a leopard in the vicinity of human habitations does not necessarily
mean that the animal has strayed from a forest and needs to be captured. It should be allowed
to have natural exit from human inhabitation.
x. Arbitrary removal of leopards could lead to increased conflict. The space vacated by a
captured animal will soon be occupied by another leopard.
After Non-doctrinal research it clears that, majority of individuals in the villages believe that,
the human beings are responsible for the conflict. While other people believe that the existing
laws relating to protection of wildlife & the poor management of forest department are
responsible for the conflict.
It is clear that large number of people believe that the construction in forest area as well
improper conversion of forest land into agricultural land is the main reason for the conflict.
Improper management of natural habitat & animal trade are the other reasons for conflict.
101
When the question was raised to the villagers regarding what they would do if the leopard
enters into public premises? on such question majority of people besides telling about the
protection of animal they informed that they would prefer to ―shoot at sight‖ whereas other
group of people mentioned that they would rescue themselves and would inform the forest
department or police office..
102
Recommendations
Chapter 1 & 2
In India, man-animal conflict is seen across the country in a variety of forms, including
monkey menace in the urban areas, crop raiding by ungulates and wild pigs, depredation by
elephants, and cattle and human killing by tigers and leopards. Damage to agricultural crops
and property, killing of livestock and human beings are some of the worst forms of man-
animal conflict. The increase in man-animal conflict is likely due to the greater resilience and
adaptability of wild animals in face of their shrinking habitats, which allow them to live
successfully close to human habitation.
In India human-wildlife conflict has been one of the most important reasons which reduced
support for wildlife conservation by local people and political leaders. Though the solutions
are very complex important mitigation measures can reduce conflict. Active maintenance of
physical barriers (elephant proof trench, electric fence), active guarding of crops and more
importantly reducing habitat fragmentation and stopping of degradation of habitat quality can
all help in reducing human wildlife conflict. Providing adequate and immediate compensation
can also help affected families.
Development activities cause more interference in forest and also the privacy of wildlife and
these ultimately cause conflict with wildlife. Man-animal conflict often takes place when wild
animals cause damage to agricultural crop and property, killing of livestock and human
beings. Human population growth, land use transformation, species loss of habitat, eco-
tourism, too much access to reserves, increase in livestock population bordering the forest,
depletion of natural prey base etc., often stated to be reasons for such conflict. Central Govt.
the State Governments, and the Union Territories should evolve better preservation strategies,
in consultation with Wildlife Boards so that such conflicts can be avoided to a large extent.
Participation of people who are staying in the Community Reserves is also of extreme
importance.
Environmental justice could be achieved only if we drift away from the principle of
anthropocentric to ecocentric. Many of our principles like sustainable development, polluter-
pays principle, and inter-generational equity have their roots in anthropocentric principles.
Anthropocentrism is always focused on human interest and non-human has only instrumental
value to humans. In other words, humans take precedence and human responsibilities to non-
human based benefits to humans. Ecocentrism is nature centered where humans are part of
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nature and non-human has intrinsic value. In other words, human interest does not take
automatic precedence and humans have obligations to non-humans independently of human
interest. Ecocentrism is therefore life-centered, nature-centered where nature includes both
human and non-humans.246
More development activity causes more interference in forest and the privacy of wild life.
These ultimately cause conflict with wildlife.247
Development of people is always welcome but not at the cost of negative ecological and
ecosystem.
Maintaining viable healthy population of species, whether plant or animal, is a crucial factor
in biodiversity conservation. The Conservation measures include both 1) in situ conservation,
where animals and their original habitats are protected from further degradation, poaching etc.
and 2) ex situ conservation, where animals are brought into captivity (Zoos, aquaria etc.) and
bred for rehabilitation to the original habitats. The conservation and management of Big cats
has to be treated as an internal ecosystem conservation as a whole. The survival of the top
predators is based on the population of herbivores, which in turn depend on the complex
structure of forests and soil conditions making up an ecosystem. In other words, conservation
and management of individual species such as tigers, lions, leopards, etc. are equivalent to the
conservation of the whole ecosystem of a particular area.248
In an attempt to conserve Indian Wildlife, Government of India initiated many conservation
programmes, namely, project tiger, project elephant, project crocodile breeding etc. In 1973,
Government of India initiated project tiger as an ecosystem-based approach and declares 15
tiger-reserves in different habitats across the country, for the protection of prey-species and
rehabilitation of degrades habitats. Other conservation efforts include the establishment of
many Biosphere Reserves, National Parks, Sanctuaries Reserve forests and other protected
areas.
Chapter 3
In India there is no special enactment to protect endangered species except some provisions
under the Wild life protections act. Author has made recommendations to enact the
Endangered Species Act.
246
Supra 182 247
Man-Animal conflict in India, Ministry f Environment and forest,23rd
Sept 2011 248
Umapathy G, Conservation of Mega – Cats: Problems and Approach, I.K. International (2007)
104
Raise awareness amongst local people. Apart from face to face interaction, the best way to do
so is blogging. To invite the suggestions from people Blog needs to create about endangered
animals and what we can do to help them.
Recycle and reuse. It will reduce the need to have more raw materials to produce something.
As a result a lot of trees will be spared and wild animals‘ habitat will not get disturbed.
One of the most important ways to help threatened plants and animals survive is to protect
their habitats permanently in national parks, nature reserves or wilderness areas. There they
can live without too much interference from humans. It is also important to protect habitats
outside reserves such as on farms and along roadsides.
The subject protection of wild animals & birds comes under entry 17-B of the concurrent list.
Both the Central & State Government have power to enact legislation on this subject. There is
no specific legislation in India to protect endangered species hence, author in this chapter
recommends the Endangered Species Bill, 2013 as follows:-
The Endangered Species Bill, 2013
Chapter I
Objective
The objectives of this Bill are -
1. To provide a means whereby the ecosystems upon which endangered species and threatened
species depend may be conserved,
2. To provide a program for the conservation of such endangered species and threatened species,
3. To protect species those which are at risk and their habitats, and to promote the recovery of
such species that are at risk,
4. To take such steps as may be appropriate to achieve the purposes of treaties and conventions
Definitions
I. ―Bill‖ means The Endangered Species Bill , 2013
II. ―Commercial activity‖ means all activities of industry and trade, including, but not
limited to, the buying or selling of commodities and activities conducted for the purpose of
facilitating such buying and selling: Provided, however, That it does not include exhibition of
commodities by museums or similar cultural or historical organizations.
105
III. ―Fish or wildlife‖ means any member of the animal kingdom, including without
limitation any mammal, fish, bird (including any migratory, nonmigratory, or endangered bird
for which protection is also afforded by treaty or other international agreement), amphibian,
reptile, mollusk, crustacean, arthropod or other invertebrate, and includes any part, product,
egg, or offspring thereof, or the dead body or parts thereof.
IV. ―Species‖ includes any subspecies of fish or wildlife or plants, and any distinct
population segment of any species of vertebrate fish or wildlife which interbreeds when
mature.
V. ―Threatened species‖ means any species which is likely to become an endangered
species within the foreseeable future throughout all or a significant portion of its range.
VI. ‗‘Endangered‘‘ includes a species whose population is declining drastically, and is
in danger of extinction
VII. ―Habitat‖ includes with respect to species of animal, plant or other organism, an area on
which the species depends, directly or indirectly, to carry on its life processes, including life
processes such as reproduction, rearing, hibernation, migration or feeding
VIII. ―Foreign commerce‖ includes, among other things, any transaction—
(A) between persons within one foreign country;
(B) between persons in two or more foreign countries;
(C) between a person within India and a person in a foreign country; or
(D) between persons within India, where the flora and fauna of wildlife in question are
moving to any country or countries outside India.
IX. ―import‖ means to land on, bring into, or introduce into, or attempt to land on, bring
into, or introduce into, any place subject to the jurisdiction of India, whether or not such
landing, bringing, or introduction constitutes an importation within the meaning of customs
laws of the India.
X. ―Person‖ means an individual, corporation, partnership, trust, association, or any other
private entity; whether registered or not.
XI. ―Take‖ means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect,
or to attempt to engage in any such conduct.
XII. ―Committee‖ appointed by the central government.
106
The Central Government may, for the purposes of this Act appoint a Committee
1. The Minister in charge of Forest in the State or Union Territory, or, if there is no such
Minister, the Chief Secretary to the State Government, or, as the case may be, the Chief
Secretary to the Government or the Union Territory, who shall be the Chairman
2. Director of Wildlife Preservation;
3. Assistant Directors of Wildlife Preservation; and
4. such other officers and employees as may be necessary.
5. In the performance of his duties and exercise of his powers by or under this bill, the Director
shall be subject to such general or special directions, as the Central Government may, from
time to time, order.
6. The Assistant, Directors of Wildlife Preservation and other officers and employees appointed
under this section shall be subordinate to the Director.
Chapter II
DETERMINATION OF ENDANGERED SPECIES AND THREATENED SPECIES
Functions of Committee
1) The Committee shall determine whether any species is an endangered species or a
threatened species because of any of the following factors:
(A) The present or threatened destruction, modification, or curtailment of its habitat or range;
(B) Overutilization for commercial, recreational, scientific, or educational purposes;
(C) Disease or predation;
(D) The inadequacy of existing regulatory mechanisms; or
(E) Other natural or manmade factors affecting its continued existence.
2) BASIS FOR DETERMINATION.—The Committee shall make determinations solely on
the basis of the best scientific and commercial data available, after conducting a review of the
status of the species and after taking into account those efforts, if any, being made by any
State or foreign nation, or any political subdivision of a State or foreign nation, to protect such
species, whether by predator control, protection of habitat and food supply, or other
conservation practices, within any area under its jurisdiction, or on the high seas.
107
3) PROTECTIVE REGULATIONS.—whenever any species is listed as a threatened
species or endangered species, the Committee shall issue such regulations as it deems
necessary and advisable to provide for the conservation of such species. The Committee may
by regulation prohibit with respect to any threatened or endangered species any act prohibited
under the bill, in the case of fish or wildlife, or, in the case of plants, with respect to
endangered species.
4) RECOVERY PLANS.—The Committee shall develop and implement plans for the
conservation and survival of endangered species and threatened species, unless it finds that
such a plan will not promote the conservation of the species. The Committee, in developing
and implementing recovery plans, shall, to the maximum extent practicable—
(A) give priority to those endangered species or threatened species, without regard to
taxonomic classification, that are most likely to benefit from such plans, particularly those
species that are, or may be, in conflict with construction or other development projects or
other forms of economic activity;
(B) Incorporate in each plan—
(i) a description of such site-specific management actions as may be necessary to achieve the
plan‘s goal for the conservation and survival of the species;
(ii) objective, measurable criteria which, when met, would result in a determination, in
accordance with the provisions of this section, that the species be removed from the list; and
(iii) Estimates of the time required and the cost to carry out those measures needed to achieve
the plan‘s goal and to achieve intermediate steps toward that goal.
5) The Committee shall, prior to final approval of a new or revised recovery plan, provide
public notice and an opportunity for public review and comment on such plan.
6) The Committee shall submit report every year to the Central Government on the status of
efforts to develop and implement recovery plans for all species
Chapter III
Protection and Recovery of Species
(a) GENERAL.—(1) with respect to any endangered species of fish or wildlife listed
pursuant to Ch. II of this Bill it is unlawful for any person subject to the jurisdiction of the
India to—
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(A) import any such species into, or export any such species from the India,
(B) take any such species within the India or the territorial sea of the India;
(C) take any such species upon the high seas;
(D) possess, sell, deliver, carry, transport, or ship, by any means whatsoever, any such species
taken in violation of subparagraphs (B) and (C);
(E) deliver, receive, carry, transport, or ship in interstate or foreign commerce, by any means
whatsoever and in the course of a commercial activity, any such species;
(F) sell or offer for sale in interstate or foreign commerce any such species; or
(G) violate any regulation pertaining to such species or to any threatened species of fish or
wildlife listed pursuant to section 4 of this Act and promulgated by the Secretary pursuant to
authority provided by this Act.
(2) it is unlawful for any person subject to the jurisdiction of India to—
(A) Import any such species into, or export any such species from, India;
(B) remove and reduce to possession any such species from areas under Indian jurisdiction;
maliciously damage or destroy any such species on any such area; or remove, cut, dig up, or
damage or destroy any such species on any other area in knowingly violating any law or
regulation of any State or in the course of any violation of Indian Penal Code;
(3) It is unlawful for any person, without first having obtained permission from the
Committee, to engage in business—
(A) as an importer or exporter of fish or wildlife (other than shellfish and fishery) products
which are endangered species or threatened species, and
(ii) are imported for purposes of human or animal consumption or taken in waters under the
jurisdiction of India or on the high seas for recreational purposes) or plants; or
(B) as an importer or exporter of any amount of elephant ivory.
Prohibition on damage to habitat, etc.
No person shall damage or destroy the habitat of,
(a) a species that is listed on the Species at Risk in Endangered Species Bill, 2013 List as an
endangered or threatened species; or
109
(b) a species that is listed on the Species at Risk in Endangered Species Bill, 2013 List as an
extirpated species, if the species is prescribed by the regulations for the purpose of this clause.
(2) REQUIREMENTS.—Any person required to obtain permission under paragraph
(1) of this subsection shall—
(A) keep such records as will fully and correctly disclose each importation or exportation of
fish, wildlife, plants, or elephant ivory made by him and the subsequent disposition made by
him with respect to such fish, wildlife, plants, or ivory;
(B) at all reasonable times upon notice by a duly authorized representative of the Secretary,
afford such representative access to his place of business, give an opportunity to examine his
inventory of imported fish, wildlife, plants, or elephant ivory and the records required to be
kept under subparagraph (A) of this paragraph, and to copy such records; and
(C) File such reports as the Committee may require.
Exception
(a) PERMITS.—(1) The Committee may permit, under such terms and conditions as it
deems fit—
(A) any act otherwise prohibited by ch. III for scientific purposes or to enhance the
propagation or survival of the affected species, including, but not limited to, acts necessary for
the establishment and maintenance of experimental populations; or
(B) any taking otherwise prohibited by if such taking is incidental to, and not the purpose of,
the carrying out of an otherwise lawful activity.
(2)(A) No permit may be issued by the Committee authorizing any taking referred to in
paragraph (1)(B) unless the applicant thereof submits to the Committee a conservation plan
that specifies—
(i) the impact which will likely result from such taking;
(ii) what steps the applicant will take to minimize and mitigate such impacts and the funding
that will be available to implement such steps;
(iii) what alternative actions the applicant considered to such taking the applicant considered
and the reasons why such alternatives are not being utilized; and
(iv) such other measures that the Committee may require as being necessary or appropriate for
purposes of the plan.
110
(C) If the Committee finds, after opportunity for public comment, with respect to a permit
application and the related conservation plan that—
(i) The taking will be incidental;
(ii) The applicant will, to the maximum extent practicable, minimize and mitigate
the impacts of such taking;
(iii) The applicant will ensure that adequate funding for the plan will be provided;
(iv) The taking will not appreciably reduce the likelihood of the survival and
recovery of the species in the wild; and
(v) The measures, if any, required under subparagraph (A)(iv) will be met;
and that he has received such other assurances as he may require that the plan will be
implemented, the Committee shall issue the permit. The permit shall contain such terms and
conditions as the Committee deems necessary or appropriate to carry out the purposes of this
paragraph, including, but not limited to, such reporting requirements as the Committee deems
necessary for determining whether such terms and conditions are being complied with.
(D) The Committee shall revoke a permit issued under this paragraph if he finds that the
permitted is not complying with the terms and conditions of the permit.
Criminal Violations-
Any person who knowingly violates any provision of this Act, of any permit or certificate
issued hereunder, or of any regulation issued in order to implement this Act shall, upon
conviction, be fined not more than 5 Lakh or imprisoned for not more than one year, or both.
Cognizable- All Offences under this bill are cognizable & non bailable.
Non compoundable- - Offences under this bill are non compoundable.
Cognizance - Court shall take cognizance of any offence against this bill on the complaint of
any person.
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Chapter 4
1. Fair trade:-
Government should stop products from entering the marketplace if they are created by
causing animal suffering or decimating threatened and endangered species. Truly free trade
would be fair trade, and that means fair for the animals of the world, too.
2. To adopt Eco Labeling Scheme :-
Eco-label provides consumers with easily recognizable symbol, indicating the product‘s has
been assessed as environment friendliness and approved by certain organizations or
governments. Thus, it can help consumers, especial "green consumers" to make informed
purchasing decisions. Meanwhile eco-label also leads to higher and higher environment
consciousness of consumers.
3. Property right of the seized article of Animal-
The court in Indian Handicrafts Emporium v U.O.I,249
looked into the question as to what
would happen to the property rights, and so at the purpose behind the prohibition. Concluding,
the apex court said that the Union of India would be entitled to take physical possession of the
ivory now in seizure. There are articles such as idols of Gods and Goddesses, and household
items like sofa sets depicting cultural and religious heritage. Similar articles are being
displayed in museums as a part of cultural and religious heritage. Similar articles are being
displayed in museums as a part of cultural and religious heritage of India.
4. Sustainable Development-
It is recommended that the same be kept at appropriate museums or at such suitable places
where the statutory authorities feel fit and proper, but they should not be destroyed.
In order to be sustainable development it must meet the needs of the present without
compromising the ability of future generations to meet their own needs.
Illegal and unsustainable wildlife trade directly threatens the survival of many species in the
wild. Some examples are well known, such as poaching of elephants for ivory and tigers for
their skins and bones.250
249
AIR 2003, SC 3240 250
Illegal and unsustainable wildlife trade, available at www.worldlife.org (Accessed on Sept 20th
, 2011)
112
Illegal and unsustainable wildlife trade not only affects the species being exploited, but also
directly affects the livelihoods of millions of people especially the world‘s poorest, who
depend on local wild animals for meat and on local trees and plants for fuel and medicine.
The trade can also harm other species. For example, illegal fishing of already depleted fish
stocks affects other marine animals that depend on the fish.
5. Public Awareness - one of the most powerful tools for addressing illegal and
unsustainable wildlife trade is to discourage consumers from purchasing certain wild life
goods. This includes not just the people buying wildlife based products, but also shop keepers,
suppliers & manufacturers.
Chapter 5
Leopards are mostly found in sugarcane and agricultural land (Which are human dominated
areas). The reason may be that it is good place for breeding purpose and he can easily survive
on the livestock of farmers. Therefore it is challenge before the Government & forest officers
to ensure the coexistence of leopard and human in one area.
It is essential for Forest Department than any other government department to achieve the
goodwill and trust of the rural people (Farmers) who suffer loss of life and livestock by
leopard attacks.
To minimize the conflict between Leopard and human researcher has suggested following
recommendation which is useful in both stages-
1. In case of conflict arises (How to prevent the death of Leopard & damage to human life &
property?)
2. How to minimize the conflict? (What precautions need to take? Which preventive
measures needs to adopt?)
To execute the following measure, involvement & participation of stakeholders like forest
department and village people is most essential.
1. Awareness and participation-
It is essential to aware the forest dwellers, rural people regarding the seriousness of problem
of human-leopard conflict. It is duty of people to conserve & protect wildlife rather than
taking revenge of their damaged crops and life of human and livestock.
113
People should understand that wildlife helps to maintain ecological balance. People must
understand that the development can e take place without harming the environment which will
lead to reduce the conflict between animal & human. Government should not permit the
construction in forest area as well in the 20 Km near to forest area.
To prevent the leopard attack-
1. It is duty farmers to make the strong livestock sheds.
2. Farmers should make the boundary walls to agricultural area or keep watchman day and
night alternatively from the villagers who would prevent the entry of leopard in agricultural
land.
3. The government should stop construction in forest land as well as around the 20 km near
the forest area which will reduce the interference of human in natural habitat of animals.
In case of Leopard attack-
1. It is duty of people not of force the forest officer or police officer to kill the Leopard.
2. People should go to safe places rather than teasing the animal by overcrowding the place.
3. Inform the forest officer or police officer in the nearby area.
4. People to assist the forest officer or police officers in mitigating the conflict.
5. It is duty of people not to provoke Leopard because usually Leopard do not attack people,
on the contrary they avoid people.
2. Training-
To minimize the conflict as well as in case of emergencies relating to leopard attack it is duty
of Ministry of Environment and Forest to train -
1. People (Local Volunteers)
2. Police Officer
This would help the forest department to reduce the unnecessary leopard killing.
114
3. Human – Animal Conflict minimizing mechanism-
.
1. Emergency Team-
Object
The object behind establishment of emergency team is that,
a. Immediate steps need to be taken before forest officer reaches the place of conflict.
b. Forest officers may take time to reach the conflict area.
c. The local people or police officers can immediately come to the place & can take the
required actions.
Composition-
1. Five Local Volunteers (above 18 years of age) consist of three males and two females)
2. Five Police officers consist of local Jurisdiction
115
Responsibility-
The responsibility of the team is as follows:-
1. To aware the local people regarding the wildlife conservation.
2. In case of conflict arises to control the crowd & keep area secure until the forest officers
arrives
3. To announce the curfew so that the people can go to the secure place.
2. Forest Officers Team-
Object-
The Object behind establishment of forest officer‘s team is
a. To ensure that the leopard is rescued from the conflict area without any harm or damage to
life of leopard, human & property
Composition-
1. One Chief Wildlife Warden
2. Three well trained forest officers in handling and management of wildlife.
Responsibility
1. It is responsibility of forest officer‘s team to rescue Leopard safely from the conflict
situation.
2. Not to cause any harm or damage to life of leopard, human & property while rescuing a
Leopard.
3. Use chemicals or drugs which are less harmful to the Leopard while capturing leopard
4. Wear protective uniform and baffle boards for protection.
5. To do a micro-chipping to captured leopard so that the forest team can monitor the
movements after translocation.
116
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