Concept of Government Property in the Wildlife (protection) Act, 1972

One of the salient features of the Wildlife (Protection) Act, 1972 is the concept of 'Government Property'. This term has a specific connotation in the Act different from what a layman would understand it to be. This term holds the key to a complete understanding of many important provisions of the Act - particularly those relating to seizure of animals and other items involved in offences (Section 51) and composition of offences (Section 54). Erroneous decisions are sometimes taken by the wildlife authorities while dealing with offences against the Act owing to a misunderstanding of the term. The concept of Government Property.as envisaged in the original Act of 1972 led to a number of anomalies and problems in the enforcement of the Act as described in this paper. Some of these anomalies and problems have since been rectified through the Wildlife (Protection) Amendment Act of 1991, but there is still a scope for rationalization of the whole concept of Government Property.