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The Wild Life Protection Act of 1972-a Critical Review


     

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A critical review of the provisions of the Wild Life Protection Act of 1972 has brought to light certain deficiencies and defects in its provisions-and they need to be made good. Regulation of fishing outside the sanctuaries has not been provided for and this emission needs to be made good. There is ambiguity in the wording of Section 27(I)(d)-capable of wrong interpretation leading to anomolies which need to be avoided. The omission to define immature and mature males of various species-the hunting of which is prohibited in Section 15 needs also to be made good to avoid ambiguity and to ensure uniformity. It is necessary to clarify how compounding is to be done in respect of offences committed in private lands. It is fair better to use the word 'confiscation' instead of forfeiture in the penal clauses. It is better if it is made legally obligatory on the exporter of wild animals and trophies to get clearnance from the Chief Wild Life Warden. The stipulation with regard to time limit contained in S44(3) of the Act needs to be made more flexible.
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B. Jagannathan Shetty


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  • The Wild Life Protection Act of 1972-a Critical Review

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Abstract


A critical review of the provisions of the Wild Life Protection Act of 1972 has brought to light certain deficiencies and defects in its provisions-and they need to be made good. Regulation of fishing outside the sanctuaries has not been provided for and this emission needs to be made good. There is ambiguity in the wording of Section 27(I)(d)-capable of wrong interpretation leading to anomolies which need to be avoided. The omission to define immature and mature males of various species-the hunting of which is prohibited in Section 15 needs also to be made good to avoid ambiguity and to ensure uniformity. It is necessary to clarify how compounding is to be done in respect of offences committed in private lands. It is fair better to use the word 'confiscation' instead of forfeiture in the penal clauses. It is better if it is made legally obligatory on the exporter of wild animals and trophies to get clearnance from the Chief Wild Life Warden. The stipulation with regard to time limit contained in S44(3) of the Act needs to be made more flexible.