15-05-2014, 02:44 PM
WILDLIFE PROTECTION ACT
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INTRODUCTION
The wild life laws have a long history and is the culminative result of an increasing awareness of the compelling need to restore the catastrophic ecological imbalances introduced by the depridations inflicted on nature by human being. The earliest codified law can be traced to 3rd Centuary B.C. when Ashoka, the King of Maghadha, enacted a law in the matter of preservation of wild life and environment. But, the first codified law in India which heralded the era of laws for the wild life and protection was enacted in the year 1887 by the British and was titled as the Wild Birds Protection Act, 1887 (10 of 1887). This Act enabled the then Government to frame rules prohibiting the possession or sale of any kinds of specified wild birds, which have been killed or taken during the breeding season. Again the British Government in the year 1912 passed the Wild Birds and Animals Protection Act, 1912 (8 of 1912) as the Act of 1887 proved to be inadequate for the protection of wild birds and animals. The Act of 1912 was amended in the year 1935 by the Wild Birds and Animals Protection (Amendment) Act, 1935 (27 of 1935).
After the Second World War the freedom struggle for India started taking its shape and wild life was relagated to the background. But after independence, the Constituent Assembly in the Draft Constitution placed "Protection of Wild Birds and Wild Animals" at entry No.20 in the State List and the State Legislature has been given power to legislate.
It was not till late 1960's that the concern for the depleting wild finally aroused.
ACT 53 OF 1972
The first comprehensive legislation relating to protection of wild life was passed by the Parliament and it was assented by the President on 9th September, 1972 and came to be known as The Wild Life (Protection) Act, 1972 (53 of 1972).
LIST OF AMENDING ACTS
1. The constitution (Forty-second Amendment) Act, 1976.
2. The Wild Life (Protection) (Amendment) Act, 1982 (23 of 1982).
3. The Wild Life (Protection) (Amendment) Act, 1986 (28 of 1986)
4. The Wild Life (Protection) (Amendment) Act, 1991 (44 of 1991).
5. The Wild Life (Protection) (Amendment) Act, 1993 (26 of 1993).
COMMENTS
To decide whether in killing an animal the accused acted in self defence or not, the nature and ferocity of the animal will be relevant. On the basis of the facts and circumstances of the case there can be no doubt that the accused acted in defence of his life and his act did commensurate with defence.Thus in this case of killing the tiger in good faith in defence of oneself it can not be said that the accused was committing any offence prior to shooting the tiger that charged at him. Therefore, the impugned order of conviction and sentence is contrary to the provisions of section 11 of the Act and as such it is liable to be set aside; Tilak Bahadur Rai v.State of Arunachal Pradesh, 1979 Cri LJ 1404.