Question 99 from UPSC CSE 2022 - Environme nt

Question

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?

IASCODEX · Accepted Answer

Correct Option: A. 1 and 2

Strategy: Analyze statements based on the Wild Life (Protection) Act's provisions. Verify Statement 1 concerning State or Central Government ownership of hunted wild animals. Confirm Statement 2's assertion that legal protection extends both inside and outside protected areas. For Statement 3, assess if capture or killing grounds require actual danger or specific conditions, as mere apprehension is insufficient.

Key Info: ## The Wild Life (Protection) Act, 1972

The Wild Life (Protection) Act, 1972, is India's primary legislation for wildlife conservation.

### Key Provisions:

*   **Ownership of Wild Animals (Sections 39 & 40)**
    *   Hunted or found dead wild animals (excluding vermin) become the property of the State Government.
    *   If found in Central Government-notified protected areas (e.g., national parks, sanctuaries), they become property of the Central Government.

*   **Scope of Legal Protection**
    *   Protected wild animals receive equal legal protection regardless of whether they are found inside or outside protected areas.
    *   All offenses and penalties under the Act apply equally.

*   **Hunting Regulations**
    *   The Act bans hunting of animals specified in Schedules I to IV, except under certain conditions.
    *   Capture or killing of a Schedule I animal (the most protected category) is only permitted if the Chief Wildlife Warden confirms the animal is:
        *   Dangerous to human life.
        *   Diseased or disabled beyond recovery.
        *   *Not* merely on apprehension or suspicion of danger.

*   **Government Powers**
    *   Empowers the government to constitute protected areas.
    *   Regulates trade in wild animal derivatives.
    *   Imposes penalties for wildlife crime.

IASCODEX · Answer

Option B: 2 only

IASCODEX · Answer

Option C: 1 and 3

IASCODEX · Answer

Option D: 3 only