Parliament passes Wild Life (Protection) Amendment Bill, 2022

Indian Parliament on Thursday passed Wild Life (Protection) Amendment Bill, 2022, which seeks to strengthen protection for endangered species and enhance punishment for illegal trade in wildlife.

The Bill, which will amend the Wild Life (Protection) Act, 1972 to increase the species protected under the law, was passed by the Lok Sabha on August 2, 2022.

Speaking in the Rajya Sabha, Union Minister for Environment, Forest and Climate Change Bhupender Yadav said, “In India, illegal animal trade is regulated under Custom Act, Foreign Trade Development Regulation Act and Exim Policy and Wildlife Protection Act.

“However, the bill is brought since CITES requires independent framework for Wildlife protection” he said.

Yadav added that the Bill is also beneficial for local tribal communities as it inserts an explanation to provide for certain permitted activities such as grazing, movement of livestock, bona fide use of drinking and household water.

Bhupender Yadav stressed on the importance of conserving wild life and the communities living in forest areas. Yadav said during the period between 2004 and 2014 over two lakh 26 thousand hectare forest land was diverted.

He informed that between 2014 to 2022, only one lakh 30 thousand hectares were diverted for other purposes. The Minister said that due to initiatives taken by the Narendra Modi government, green cover in the country has increased

Significantly, the Bill seeks to amend Section 43 of the principal Act to permit transfer or transport of a captive elephant for a religious or any other purpose by a person having a valid certificate of ownership.

The amendment made to Section 43 of the WLPA permits elephants, a Schedule I animal, to be used for ‘religious or any other purpose’. The move has been criticised by wildlife activists and animal experts.

In the House, many members raised concern on this provision, stating that the phrase “any other purpose” is vague and has potential of encouraging commercial trade of elephants, their captivity and brutality.

Congress MP Vivek K. Tankha said, “There are 2,675 captive elephants in India and only 1,251 have ownership certificates. There is a huge elephant congregation whose ownership certificate is not decided. If you leave this provision so weak and indeterminate, it will cause problems.”

AITC MP Sushmita Dev said that the provision is in direct contravention of the principal Act, which prohibits transport of wildlife for consideration. YSRCP MP Ayodhya Alla suggested that to clarify the position, an additional mechanism may be introduced for acquiring animals for religious institutions.

However, Environment Minister assured the House that the Government will take all decisions in the interest of widlife. Members also said that the government missed the opportunity to address the issues relating to Human-Wildlife conflict, Eco-sensitive zone rule, etc.

They pointed that the species listed in all the 3 schedules of the Bill is incomplete as per the report submitted by the Parliamentary Standing Committee and a need was felt for greater inclusion of scientists, botanists, biologists in process of listing all existing species of wildlife.