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Discuss salient features of :-(i) Wild Life (Protection) Act, 1972(ii) Forest (Conservation) Act, 1980.
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  1. Wild Life (Protection) Act, 1972
  • Animal” includes mammals, birds, reptiles, amphibians, fish, other chordates and invertebrates and also includes their young and eggs.
  • Animal Article” means an article made from any captive animal or wild animal, other than vermin, and includes an article or object in which the whole or any part of such animal has been used, and ivory imported into India and an article made from them.
  • Captive Animal” means any animal specified in Schedules I, II, III and IV, which is captured or kept or bred in captivity.
  • “Circus” means an establishment, whether stationary or mobile, where animal are kept or used wholly or mainly for the purpose of performing tricks or manoeuvres.
  • “Dealer” in relation any captive animal, animal article, trophy, uncured trophy, meat or specified plant, means a person, who carries on the business of buying or selling any such animal or article, and includes a person who undertakes business in any single transaction.
  • “Habitat” includes land, water or vegetation which is the natural home of any wild animal.
  • “Hunting”, with its grammatical variations & cognate expressions, includes –
  1. killing or poisoning of any wild animal or captive animal and every attempt to do so,
  2. capturing, coursing, snaring, trapping, driving or baiting any wild or captive animal and every attempt to do so.
  3. injuring or destroying or taking any part of the body of any such animal or, in the case of wild birds or reptiles, disturbing the eggs or nests of such birds or reptiles.
  • “Land” includes canals, creeks and other water channels, reservoirs, rivers, streams and lakes, whether artificial or natural, marshes and wetlands and also includes boulders and rocks.
  • “Livestock” means farm animals and includes buffaloes, bulls, bullocks, camels, cows, donkeys, goats, sheep, horses, mules, yaks, pigs, ducks, geese, poultry and their young but does not include any animal specified in Schedules I to V.

     

  1. Forest (Conservation) Act, 1980.

  2. The act places restrictions on the power of the State Government concerning preservation of forests or use of forest land for non-forest purposes. Section 2 of the Act provides that the State Government shall not make amendments except with the prior approval of the Central Government or any order directing thereon:

  3. That any reserved forest or any portion thereof, shall cease to be reserved.

  4. That any forest land or any portion thereof may be used for any non-forest purpose.
  5. That any forest land or any portion thereof may be assigned by way of lease of otherwise to any private person or non-Government body.
  6. That any forest or any portion thereof may be cleared of trees which have grown naturally in that land for the purpose of using it for reforestation.

     

  7. The Act provides for the constitution of advisory committee to advise the Government with regard to the grant of approved by the Central Government (Section 2) or any other matter connected with conservation of forests which may be referred to it by the Central Government (Section 3)

     

  8. As per Section 2 of the Act, all ongoing non-forest activities within any forest, in any State throughout the country, without prior approval of the Centre, must cease forthwith.

     

  9. On violation of the provision of Section 2, the offender shall be punishable with imprisonment for a period extending to 15 days (Section 3-A). Any government department or any authority deemed to be guilty of the offence shall be liable to be proceeded against and punished accordingly.

     

  10. The amendment of 1988 shattered all the expectations of tribal communities and many voluntary agencies placed all the forest land under the jurisdiction of the forest department.

     

For the purpose of section 2 of the Act, non-forest purpose means the breaking up or clearing of any forest land or portion thereof for:

  1. The cultivation of tea, coffee, spices, rubber, palms, oil-bearing plant, horticulture crops or medicinal plants.
  2. Any purpose other than reforestation, but does not include any work relating to ancillary conservation, development and management of forest and wildlife, namely, the establishment of check posts, fire-lines, wireless communication and construction of fencing, bridges and culverts, dams, waterholes, trench marks, boundary marks, pipelines or other like purposes.

In conclusion, the forest should be looked upon as a source of revenue. Forests are renewable natural sources. These are national assets to be protected and enhanced for the well being of the people and nation.

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