The Wild Life (Protection) Amendment Act, 2022

1. How does the 2022 Amendment change the title of the Act?

The Amendment substitutes the words “protection of wild animals, birds and plants” with “conservation, protection and management of wild life” in the long title of the Wild Life (Protection) Act, 1972. The revised long title reads: “An Act to provide for the conservation, protection and management of wild life and for matters connected therewith or ancillary or incidental thereto with a view to ensuring the ecological and environmental security of the country.”

2. What provisions does the Amendment make regarding invasive species?

The principal Act lacked any mention of invasive species. The Amendment, which defines “invasive alien species” as “a species of animal or plan which is not native to India and whose introduction or spread may threaten or adversely impact wild life or its habitat” fills this legislative gap. It adds Section 62A which empowers the central government to regulate and prohibit import, trade, possession or proliferation of invasive alien species which pose a threat to Indian wildlife and habitats. Species classified as such may be seized and disposed, even destroyed, the Amendment states.

3. How does the Amendment redefine the term ‘zoo’?

The 2022 Amendment broadens the term ‘zoo’ to include all mobile and stationary establishments keeping captive animals for public exhibition or ex-situ (offsite) conservation including circuses, rescue centres and conservation breeding centres. Establishments licensed to deal in captive animals continue to be not regarded as zoos.

4. How does the Amendment integrate India’s commitments to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)?

In alignment with the multilateral obligations mentioned in the CITES, the Amendment introduces the new Chapter VB on the ‘Regulation of international trade in endangered species of wild fauna and flora as per convention on international trade in endangered species of wild fauna and flora’. It provides for a Management Authority with the responsibility of granting export and import permits for the trade of specimens.

5. What changes does the Amendment bring about with respect to the number of schedules?

The Amendment has made significant changes to the number of schedules. The earlier Act contained six Schedules that defined various levels of protection given to the specified species. The categorization has now been reduced to four: Schedule I – animal species that will enjoy the highest level of protection; Schedule II- animal species that will be warrant a lesser degree of protection; Schedule III- protected plant species; and Schedule IV- specimens listed under CITES.

Schedule V of the pre-amendment act which related to vermin (wild animals that carry diseases and destroy plants and animals) has been omitted. Schedule VI has been revised as Schedule III and Schedule IV is an altogether new addition to the Act.

6. How does the act address the care of confiscated animals, especially in terms of housing and rehabilitation?

The Act mandates that the live animals that become government property (for example, through confiscation), must be housed in safe and healthy conditions in either a zoo or rescue centre if they cannot be released into their natural habitat. This provision reinforces the importance of responsible animal care. It ensures that the animals are treated well and efforts are made to conserve endangered species.

Focus and Factoids by Arshi Singh Chauhan.