New Delhi: Appreciating the need for legal backing in view of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), a Parliamentary Standing Committee on Thursday suggested amendments in the relevant sections of the existing Wild Life (Protection) Act, 1972.
Agreeing with the Ministry of Environment, Forest & Climate Change’s reasoning for the need of a domestic legislation to demonstrate India’s long-standing commitment to implement, in letter and spirit, the provisions of CITES, the Report said, the most appropriate way to do so would have been to bring amendments in the Biological Diversity Act, 2002 and not in the Wild Life (Protection) Act, 1972 since the mandate of CITES is the sustainable use of bio-diversity.
“First is to have a separate law for CITES itself. Second, is to introduce amendments in the relevant sections of the principal Act without necessarily having an elaborate chapter in the principal Act as proposed in the Bill,” Jairam Ramesh, Chairman of the Department-related Parliamentary Standing Committee on Science and Technology, Environment, Forests & Climate Change, said in the Report on The Wild Life (Protection) Amendment, Bill, 2021.
The Committee said it had discussed both the options in detail with the Ministry, which in turn, gave a detailed response on the second option. It was then critiqued by two eminent experts. “While it believes that the second option is the most desirable to take, with the objective of building a consensus on this contentious issue without getting into a prolonged debate, the Committee suggests a third alternative,” the report said, adding, the government can introduce amendments in the relevant sections of the principal Act without necessarily having an elaborate chapter as proposed in the Bill.
“This particular option has very strong support in the larger professional wild life conservation community in the country, many of whom have an international name and recognition as well. The simple amendments shall ensure India’s commitment to the Convention without disturbing the basic structure of the principal Act,” the report said and gave the list of sections and clauses that would need to be amended.
Apart from the main recommendations, including observations and recommendations of the Committee on the major objectives of the Bill, the Committee also provided recommendations on two issues – human-animal conflict and wildlife science – that are not contained in the Bill and recommended insertion of additional clauses not contained in the Bill. The 256-page report also has an overview of the amendments proposed clause-by-clause recommendations of the Committee on the Bill.
The Committee report also offered suggestions and recommendations on the subjects of protection of native Indian gene pool, improved management of protected areas, improved care for seized and surrendered wildlife, and importantly, rationalisation of schedules.
The Environment Ministry, in its submission before the Committee, had said that India is a party to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) which requires that parties take appropriate measures to enforce its provisions and prohibit trade in violation thereof. “CITES regulates trade in over 38,700 species of wild animals and plants.
Currently, 183 countries are party to CITES. Non-compliance by a country to adopt appropriate legislation to implement CITES may result in a recommendation to suspend trade in CITES-listed species with such country. Such a recommendation was made in respect of India in December 2004 but was withdrawn in March 2005 following assurances by India, the Ministry had said.
After Environment Minister Bhupender Yadav had introduced the Bill in the Lok Sabha on December 17, 2021, it was referred to the Committee on December 25, 2021.
