UPSC Prelims 2022 Q89: Wildlife Protection Act Provisions — Explained

With reference to Indian laws about wildlife protection, consider the following statements:

1. Wild animals are the sole property of the government.

2. When a wild animal is declared protected, such animal is entitled for equal protection whether it is found in protected areas or outside.

3. 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
2 only
1 and 3
3 only

Answer: (a) 1 and 2

Statement-wise explanation

1: correct — Section 39(1) of the Wild Life (Protection) Act, 1972 makes wild animals other than vermin the property of the State Government. This covers animals hunted under a permit, kept or bred in captivity, hunted illegally, found dead or killed by mistake. If the animal is hunted in a sanctuary or National Park declared by the Central Government, it belongs to the Central Government instead. No private person can own such an animal, and Section 39(3) bars acquiring, keeping or transferring it without the Chief Wild Life Warden's written permission. UPSC reads 'sole property of the government' in this sense.
2: correct — Section 9 prohibits hunting of any wild animal listed in the Schedules, except as Sections 11 and 12 allow. The prohibition is not limited to any place. Protection attaches to the species through its Schedule listing, so a Schedule I animal on a farm has the same legal protection as one inside a tiger reserve. Protected areas add habitat-level restrictions, but they do not create a separate class of protection for the animal itself.
3: incorrect — Under Section 11(1)(a), the Chief Wild Life Warden must be satisfied that a Schedule I animal 'has become dangerous to human life', and must give the order in writing with reasons. Mere apprehension is not enough. Even then, a proviso bars any kill order unless the animal cannot be captured, tranquilised or translocated. Section 11(2) protects only good-faith killing in actual self-defence, and the animal killed becomes Government property under Section 11(3).

How to eliminate

Statement 3 says apprehension alone is 'sufficient ground' for capture or killing. Wildlife law rarely allows this. Any power to kill a protected animal comes with conditions: a designated authority, recorded reasons, and last-resort tests. Dropping Statement 3 removes two of the four options, and both remaining options include Statement 2. Statement 2 also follows from basic logic: a species is protected by being listed in a Schedule, not by where it happens to be. Protection limited to reserves would leave most leopards, elephants and blackbuck outside the law. So the question turns on Statement 1, and that needs one fact: Section 39 makes wild animals (other than vermin) the property of the State Government, or of the Central Government for centrally declared sanctuaries and National Parks.

Know more

The Wild Life (Protection) Act, 1972 is India's main law for protecting species. It protects animals by listing them in Schedules, and it protects places by declaring protected areas. These two layers work independently.

Species layer: Schedules. The Wild Life (Protection) Amendment Act, 2022 (in force from 1 April 2023) reorganised them:

Before 2022 amendment	After 2022 amendment
Schedules I–IV: animals at different levels of protection	Schedule I: highest protection; Schedule II: lesser protection
Schedule V: vermin (could be hunted freely)	Vermin schedule removed
Schedule VI: specified plants	Schedule III: specified plants
—	Schedule IV: specimens listed in CITES Appendices

Place layer: protected areas. The four types are sanctuaries, National Parks, conservation reserves and community reserves. Inside them, the Act also restricts habitat destruction, grazing and entry.

Key sections to remember

Section 9: no hunting of scheduled animals, except under Sections 11 and 12.
Section 11: the Chief Wild Life Warden may permit hunting of a Schedule I animal only if it has become dangerous to human life, or is disabled or diseased beyond recovery. The order must be in writing with reasons, and killing is allowed only if capture, tranquilisation and translocation are not possible. Killing in good-faith self-defence is not an offence.
Section 12: hunting permits for education, scientific research, scientific management and collecting specimens.
Section 39: wild animals, trophies and seized items are Government property (State, or Centre for centrally declared areas).

The 2021 Amendment Bill also gave the Centre power over invasive alien species and designated a CITES Management Authority and Scientific Authority. Both are frequent Prelims points.

In the news

The Wild Life (Protection) Amendment Bill, 2021 was introduced in Lok Sabha on 17 December 2021. The Parliamentary Standing Committee reported on it on 21 April 2022, about six weeks before the Prelims. This put the Act's basic provisions in the news.

NCERT Concepts to Revise

Wildlife (Protection) Act 1972: All three statements test provisions of this Act: ownership of wild animals, where protection applies, and grounds for capture or killing.
Wildlife (Protection) Amendment Act 2022: The 2022 amendment reorganised the Schedules that decide which animals are protected; check current Schedule numbering when revising.
Wildlife sanctuary: Statement 2 asks whether an animal's protection depends on being inside a protected area such as a sanctuary.