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Chapter 6 Conclusion and recommendations

Chapter 1:-

Endangered species in India include large varieties of rare species of flora and fauna.

Endangered species is defined as a population of an organism that is at the danger of

becoming extinct because of several reasons.233

The research study involves the critical analysis of Wild Life Protection Act to solve the

problem of conflict between human and animal specifically leopard. The reason to select the

leopard as the focus of study is that animal and human conflict is common in the most part of

India particularly involving leopard. In the last decade, leopard conflict had reached serious

levels with 560 cases of leopard attack in Uttarakhand and 240 in Maharashtra. In Himachal,

133 incidents have been reported in the last three years.234

Conflict between humans and animals are serious problem in many parts of India. The

damage and destruction caused by a variety of animals to human property and sometimes to

human life is a real and significant threat to many human communities. With the animals

often killed, captured or otherwise harmed in retaliation, these conflicts are one of the main

threats to the continued survival of many species. This is mainly due to expanding human

population and the continued loss of natural habitats.

The impacts are often huge. People lose their crops, livestock, property & sometimes their

lives. The animals, many of which are already threatened or endangered are often killed in

retaliation or to ‗prevent‘ future conflicts.235

In such situation, it is necessary to manage the

accidents arising out of conflicts with speed & accuracy in order to prevent panic and injuries

or death.

Wild Cats and Leopards occur all over India. They have always lived at the fringes of villages

and human habitations, preying off domestic livestock and dogs. For instance, the 1883 Nasik

Gazatteer states the following "Leopard is often found on the outskirts of villages, carrying

away village dogs and prefers scrubby jungles to dense forests"236

Leopards are increasingly venturing into cities, towns and villages in India. With humans

seizing every little bit of space left, it has become hard for the leopards to find shelter home

and food. The adaptable animals therefore seek easy prey in cattle or loiter around the city

233

www.indianetzone.com (Visited on 28th

April 2011) on Thursday at 11:30 am 234

http://www.hindustantimes.com (Visited on 26th

April 2011) at 4:30 pm 235

www.panda.org/species, (Visited on 09 Feb 2011) on Wednesday at 6:30 pm 236

Conflict past and present, http://www.projectwaghoba.in/conflicts.htm (Visited on 18th July 2012)

96

garbage to grab their bite. Most of them also know the tact to remain hidden, but occasionally

due to human intervention, the cover is blown. Stoned, pelted, tranquilized and killed, the

wild cats are being targeted by humans for trying to survive in a human infested world.

What has been another cause for the increased leopard deaths is poaching. In 2010, 54.87 %

of the 328 leopard deaths across the country were due to poaching.237

―Most leopard deaths are caused when they wander into human habitation and the scared

people try to drive them away. As long as this behaviour persists, their numbers will continue

to fall. This is an issue that needs to go beyond the law. We need to place more emphasis on

creating awareness among the people on the need to protect these animals,‖ says Belinda

Wright, executive director, Wildlife Protection Society of India (WPSI).

Although there have been no exclusive surveys done to estimate the leopard population of

India, government has reported their population at 12,014 in January, 2008. Most experts feel

that this number may have changed for the worse in the last 2-3 years.238

Chapter 2

Human-wildlife conflict is fast becoming a critical threat to the survival of many endangered

species, like wild buffalo, elephants, tiger, lion, leopard etc. such conflicts affect not only its

population but also has widened environmental impacts on ecosystem equilibrium and

biodiversity conservation. Laws are man-made, hence there is likelihood of anthropocentric

bias towards man, and rights of wild animals often tend to be of secondary importance. But in

the universe man and animal are equally placed. The human rights approach to environmental

protection in case of conflict is often based on anthropocentricity.239

Wildlife-human conflicts are a serious obstacle to wildlife conservation and the livelihoods of

people worldwide and are becoming more prevalent as human population increases,

development expands, and global climate changes and other human and environmental factors

put people and wildlife in greater direct competition for a shrinking resource base.

237

http://indiasendangered.com ‗Leopards Victims of The Man-Animal Conflict‘ (Visited on 10th

March 2012)

238 http://indiasendangered.com ‗Leopards Victims of The Man-Animal Conflict‘ (Visited on 10

th March 2012)

239 T.N. Godavarman Thirumulpad Vs. UOI and Ors., AIR2012SC1254

97

Conflicts between wildlife and humans cost many lives, human and wildlife, threaten

livelihoods, and jeopardize long-term conservation goals such as securing protected areas and

building constituencies in support of biodiversity conservation.240

Chapter 3

It seems appropriate to first become familiar with some of the key terms and concepts:-

The dictionary meaning of endangered species is ―a plant or animal species existing in such a

small numbers that it is in danger of becoming extinct, especially when such a species placed

in jeopardy as a result of human activity. One of the principal factors in the endangerment or

extinction of a species is the destruction or pollution of its native habitat. Other factors

include hunting, intentional extermination, and the accidental or intentional introduction of

alien species that outcompete the native species for environmental resources.‖241

Endangered refers to a species whose population is declining drastically, and is in danger of

extinction.

Threatened applies to those species whose population levels are declining and that are likely

to become endangered in the foreseable future.

A species is a group of living organisms (plants, animals, or microbes) that breed under

natural conditions and are reproductively isolated from other populations. If species

considered endangered or threatened are not protected they may become extinct. Species

become extinct when all individuals of that species die. When this occurs, the species and all

the genes of that particular species' genetic line are lost forever. To prevent endangered

species to becoming extinct it is important to conserve, protect and show respect for the

earth's biodiversity.

Biodiversity refers to the total number of species, genes, and ecosystems found on our planet.

It is a representation of the wealth of life on earth, a wealth which has undergone hundreds of

millions of years of evolutionary changes, and to which many human cultures have become

adapted. Biological resources provide mankind with food, and form the basis of many

medicines and industries. The enormous variety of life in the form of genes, species, and

habitats has incredible value as it allows humans to successfully meet the demands of the

ever-changing environment in which we live.

240

Barua Mann, Human-Wildlife Conflict & 21st Century Conservation,(2010) Reading Group Outline,

University of Oxford 241

www.thefreedictonary.com (Visited on 29th

March 2012)

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In India there is no any special enactment to protect endangered species except some

provisions under the Wild life protection act. Author has made recommendations to enact the

Endangered Species Act- 2013.

There are concluding remarks of chapter 2 as follows:-

1. To raise awareness amongst local people. Apart from face to face interaction, the best way to

do so is blogging. To invite the suggestions from people Blog needs to create awareness about

endangered animals and what we can do to help them.

2. Recycle and Reuse- It will reduce the need to have more raw materials to produce something.

As a result a lot of trees will be spared and wild animals‘ habitat will get prevented from

being disturbed.

3. One of the most important ways to help threatened plants and animals survive is to protect

their habitats permanently in national parks, nature reserves or wilderness areas. Where they

can live without much human interference. It is also important to protect habitats outside

reserves such as on farms and along roadsides.

India is home to very diverse and rich wildlife which includes over 172 endangered species. A

great deal of effort has been made in the last sixty years to preserve the natural habitats as

well as the population of the wildlife across the Indian landscape. With the encroachment of

human activities on these lands, the natural habitat has been destroyed and has shrunk

considerably. This has endangered not only the smaller avian, reptile and mammal‘s

population but also eroded endemic flora and fauna.242

Ancient India had a philosophy of environmental management principally enshrined in old

injunctions as they were contained in many scriptures and smrities. Abuse and exploitation of

nature for immediate gains was considered unjust, irreligious and against environmental

ethics under the Hindu culture. The environmental ethic of nature conservation was not only

applicable to common man but the rulers and kings were also bound by them.

According to the International Union for the Conservation of Nature, Australia has the highest

number of extinct species, making it the country having the most endangered species in the

world. There are a total of 427 endangered or threatened fauna in Australia. The impact of

human activity, changes in landscape, and in habitat play a role in endangering these species.

242

www.kwintessential.co.uk/articles/india/Wildlife-Protection-In-India/3041 (Accessed on 29th March 2012)

99

China is a vast country with abundant natural resources and landscapes which provide habitats

for a variety of wildlife. There are over 4,400 species of vertebrates including 1,244 species of

birds, 430 mammals, 208 amphibians, 350 reptiles, and 2,300 fishes. China is one of the

countries with largest number of wildlife species.

Chapter 4

The preservation of Wildlife is a matter of Public Interest. It is the duty of every citizen to

protect & improve the natural environment, including lakes rivers, and wild life, and to have

compassion for living creatures.243

In GR Simon v. Union of India,244

The role of animals in maintaining ecological balance has

been analyzed. The protection of wildlife is included in the Directive Principles of the State

Policy under the Constitution (Forty-Second Amendment) Act 1976 under cl (g) of Art 51 A

of the Constitution. It is the Fundamental Duty of every citizen to protect and improve the

natural environment, including various lakes, rivers and wildlife, and to have compassion for

living creatures. The court held that:-

―Wild Life forms part of our cultural heritage in the same manner as other archaeological,

painting, literature etc. Each and every animal plays a role in maintaining the ecological

balance and therefore, the contention that animals have no role to play or are detrimental to

human life is completely misconceived.‖

The court examined the examples of jackals said that jackals are ‗natural scavengers who feed

on offal and dead animals, thereby keeping the environment clean‘. While the mortality rate

due to snake bites is very low compared to the death caused by other diseases and animal

bites, snakes are the natural killers of rats, which cause loss of nearly 33 million tonnes of

stored cereals, apart from dreaded disease of plague. It is to be recognized that Wild Life is an

asset and heritage to be preserved for future generations.245

243

Art. 51 A (g) of the Constitution of India. 244

AIR 1997 Del 301. 245

Ibid, p304.

100

Chapter 5

Researcher conducted interview of following villages from Karad Taluka, Dist- Satara based

on the large number of conflict of leopard & human being-

1. Village Tambave,

2. Gharevadi,

3. Agashiv Nagar,

4. Mhasoli &

5. Shanivar Peth (Karad).

The Karad Taluka is a place which is largely cultivated and sugarcane is grown around. As

researcher discussed earlier sugarcane land is most suitable to leopard. Where they get

privacy for breeding purposes, as well as easily get livestock from the nearby village for

livelihood.

vi. Leopards often take up residence in croplands and tea-gardens.

vii. They are not usually inclined to attack people; on the contrary, they avoid people.

viii. Wild carnivores may attack in self-defence, and, therefore, it is advisable to avoid

provocation or confrontation.

ix. Mere sighting of a leopard in the vicinity of human habitations does not necessarily

mean that the animal has strayed from a forest and needs to be captured. It should be allowed

to have natural exit from human inhabitation.

x. Arbitrary removal of leopards could lead to increased conflict. The space vacated by a

captured animal will soon be occupied by another leopard.

After Non-doctrinal research it clears that, majority of individuals in the villages believe that,

the human beings are responsible for the conflict. While other people believe that the existing

laws relating to protection of wildlife & the poor management of forest department are

responsible for the conflict.

It is clear that large number of people believe that the construction in forest area as well

improper conversion of forest land into agricultural land is the main reason for the conflict.

Improper management of natural habitat & animal trade are the other reasons for conflict.

101

When the question was raised to the villagers regarding what they would do if the leopard

enters into public premises? on such question majority of people besides telling about the

protection of animal they informed that they would prefer to ―shoot at sight‖ whereas other

group of people mentioned that they would rescue themselves and would inform the forest

department or police office..

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Recommendations

Chapter 1 & 2

In India, man-animal conflict is seen across the country in a variety of forms, including

monkey menace in the urban areas, crop raiding by ungulates and wild pigs, depredation by

elephants, and cattle and human killing by tigers and leopards. Damage to agricultural crops

and property, killing of livestock and human beings are some of the worst forms of man-

animal conflict. The increase in man-animal conflict is likely due to the greater resilience and

adaptability of wild animals in face of their shrinking habitats, which allow them to live

successfully close to human habitation.

In India human-wildlife conflict has been one of the most important reasons which reduced

support for wildlife conservation by local people and political leaders. Though the solutions

are very complex important mitigation measures can reduce conflict. Active maintenance of

physical barriers (elephant proof trench, electric fence), active guarding of crops and more

importantly reducing habitat fragmentation and stopping of degradation of habitat quality can

all help in reducing human wildlife conflict. Providing adequate and immediate compensation

can also help affected families.

Development activities cause more interference in forest and also the privacy of wildlife and

these ultimately cause conflict with wildlife. Man-animal conflict often takes place when wild

animals cause damage to agricultural crop and property, killing of livestock and human

beings. Human population growth, land use transformation, species loss of habitat, eco-

tourism, too much access to reserves, increase in livestock population bordering the forest,

depletion of natural prey base etc., often stated to be reasons for such conflict. Central Govt.

the State Governments, and the Union Territories should evolve better preservation strategies,

in consultation with Wildlife Boards so that such conflicts can be avoided to a large extent.

Participation of people who are staying in the Community Reserves is also of extreme

importance.

Environmental justice could be achieved only if we drift away from the principle of

anthropocentric to ecocentric. Many of our principles like sustainable development, polluter-

pays principle, and inter-generational equity have their roots in anthropocentric principles.

Anthropocentrism is always focused on human interest and non-human has only instrumental

value to humans. In other words, humans take precedence and human responsibilities to non-

human based benefits to humans. Ecocentrism is nature centered where humans are part of

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nature and non-human has intrinsic value. In other words, human interest does not take

automatic precedence and humans have obligations to non-humans independently of human

interest. Ecocentrism is therefore life-centered, nature-centered where nature includes both

human and non-humans.246

More development activity causes more interference in forest and the privacy of wild life.

These ultimately cause conflict with wildlife.247

Development of people is always welcome but not at the cost of negative ecological and

ecosystem.

Maintaining viable healthy population of species, whether plant or animal, is a crucial factor

in biodiversity conservation. The Conservation measures include both 1) in situ conservation,

where animals and their original habitats are protected from further degradation, poaching etc.

and 2) ex situ conservation, where animals are brought into captivity (Zoos, aquaria etc.) and

bred for rehabilitation to the original habitats. The conservation and management of Big cats

has to be treated as an internal ecosystem conservation as a whole. The survival of the top

predators is based on the population of herbivores, which in turn depend on the complex

structure of forests and soil conditions making up an ecosystem. In other words, conservation

and management of individual species such as tigers, lions, leopards, etc. are equivalent to the

conservation of the whole ecosystem of a particular area.248

In an attempt to conserve Indian Wildlife, Government of India initiated many conservation

programmes, namely, project tiger, project elephant, project crocodile breeding etc. In 1973,

Government of India initiated project tiger as an ecosystem-based approach and declares 15

tiger-reserves in different habitats across the country, for the protection of prey-species and

rehabilitation of degrades habitats. Other conservation efforts include the establishment of

many Biosphere Reserves, National Parks, Sanctuaries Reserve forests and other protected

areas.

Chapter 3

In India there is no special enactment to protect endangered species except some provisions

under the Wild life protections act. Author has made recommendations to enact the

Endangered Species Act.

246

Supra 182 247

Man-Animal conflict in India, Ministry f Environment and forest,23rd

Sept 2011 248

Umapathy G, Conservation of Mega – Cats: Problems and Approach, I.K. International (2007)

104

Raise awareness amongst local people. Apart from face to face interaction, the best way to do

so is blogging. To invite the suggestions from people Blog needs to create about endangered

animals and what we can do to help them.

Recycle and reuse. It will reduce the need to have more raw materials to produce something.

As a result a lot of trees will be spared and wild animals‘ habitat will not get disturbed.

One of the most important ways to help threatened plants and animals survive is to protect

their habitats permanently in national parks, nature reserves or wilderness areas. There they

can live without too much interference from humans. It is also important to protect habitats

outside reserves such as on farms and along roadsides.

The subject protection of wild animals & birds comes under entry 17-B of the concurrent list.

Both the Central & State Government have power to enact legislation on this subject. There is

no specific legislation in India to protect endangered species hence, author in this chapter

recommends the Endangered Species Bill, 2013 as follows:-

The Endangered Species Bill, 2013

Chapter I

Objective

The objectives of this Bill are -

1. To provide a means whereby the ecosystems upon which endangered species and threatened

species depend may be conserved,

2. To provide a program for the conservation of such endangered species and threatened species,

3. To protect species those which are at risk and their habitats, and to promote the recovery of

such species that are at risk,

4. To take such steps as may be appropriate to achieve the purposes of treaties and conventions

Definitions

I. ―Bill‖ means The Endangered Species Bill , 2013

II. ―Commercial activity‖ means all activities of industry and trade, including, but not

limited to, the buying or selling of commodities and activities conducted for the purpose of

facilitating such buying and selling: Provided, however, That it does not include exhibition of

commodities by museums or similar cultural or historical organizations.

105

III. ―Fish or wildlife‖ means any member of the animal kingdom, including without

limitation any mammal, fish, bird (including any migratory, nonmigratory, or endangered bird

for which protection is also afforded by treaty or other international agreement), amphibian,

reptile, mollusk, crustacean, arthropod or other invertebrate, and includes any part, product,

egg, or offspring thereof, or the dead body or parts thereof.

IV. ―Species‖ includes any subspecies of fish or wildlife or plants, and any distinct

population segment of any species of vertebrate fish or wildlife which interbreeds when

mature.

V. ―Threatened species‖ means any species which is likely to become an endangered

species within the foreseeable future throughout all or a significant portion of its range.

VI. ‗‘Endangered‘‘ includes a species whose population is declining drastically, and is

in danger of extinction

VII. ―Habitat‖ includes with respect to species of animal, plant or other organism, an area on

which the species depends, directly or indirectly, to carry on its life processes, including life

processes such as reproduction, rearing, hibernation, migration or feeding

VIII. ―Foreign commerce‖ includes, among other things, any transaction—

(A) between persons within one foreign country;

(B) between persons in two or more foreign countries;

(C) between a person within India and a person in a foreign country; or

(D) between persons within India, where the flora and fauna of wildlife in question are

moving to any country or countries outside India.

IX. ―import‖ means to land on, bring into, or introduce into, or attempt to land on, bring

into, or introduce into, any place subject to the jurisdiction of India, whether or not such

landing, bringing, or introduction constitutes an importation within the meaning of customs

laws of the India.

X. ―Person‖ means an individual, corporation, partnership, trust, association, or any other

private entity; whether registered or not.

XI. ―Take‖ means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect,

or to attempt to engage in any such conduct.

XII. ―Committee‖ appointed by the central government.

106

The Central Government may, for the purposes of this Act appoint a Committee

1. The Minister in charge of Forest in the State or Union Territory, or, if there is no such

Minister, the Chief Secretary to the State Government, or, as the case may be, the Chief

Secretary to the Government or the Union Territory, who shall be the Chairman

2. Director of Wildlife Preservation;

3. Assistant Directors of Wildlife Preservation; and

4. such other officers and employees as may be necessary.

5. In the performance of his duties and exercise of his powers by or under this bill, the Director

shall be subject to such general or special directions, as the Central Government may, from

time to time, order.

6. The Assistant, Directors of Wildlife Preservation and other officers and employees appointed

under this section shall be subordinate to the Director.

Chapter II

DETERMINATION OF ENDANGERED SPECIES AND THREATENED SPECIES

Functions of Committee

1) The Committee shall determine whether any species is an endangered species or a

threatened species because of any of the following factors:

(A) The present or threatened destruction, modification, or curtailment of its habitat or range;

(B) Overutilization for commercial, recreational, scientific, or educational purposes;

(C) Disease or predation;

(D) The inadequacy of existing regulatory mechanisms; or

(E) Other natural or manmade factors affecting its continued existence.

2) BASIS FOR DETERMINATION.—The Committee shall make determinations solely on

the basis of the best scientific and commercial data available, after conducting a review of the

status of the species and after taking into account those efforts, if any, being made by any

State or foreign nation, or any political subdivision of a State or foreign nation, to protect such

species, whether by predator control, protection of habitat and food supply, or other

conservation practices, within any area under its jurisdiction, or on the high seas.

107

3) PROTECTIVE REGULATIONS.—whenever any species is listed as a threatened

species or endangered species, the Committee shall issue such regulations as it deems

necessary and advisable to provide for the conservation of such species. The Committee may

by regulation prohibit with respect to any threatened or endangered species any act prohibited

under the bill, in the case of fish or wildlife, or, in the case of plants, with respect to

endangered species.

4) RECOVERY PLANS.—The Committee shall develop and implement plans for the

conservation and survival of endangered species and threatened species, unless it finds that

such a plan will not promote the conservation of the species. The Committee, in developing

and implementing recovery plans, shall, to the maximum extent practicable—

(A) give priority to those endangered species or threatened species, without regard to

taxonomic classification, that are most likely to benefit from such plans, particularly those

species that are, or may be, in conflict with construction or other development projects or

other forms of economic activity;

(B) Incorporate in each plan—

(i) a description of such site-specific management actions as may be necessary to achieve the

plan‘s goal for the conservation and survival of the species;

(ii) objective, measurable criteria which, when met, would result in a determination, in

accordance with the provisions of this section, that the species be removed from the list; and

(iii) Estimates of the time required and the cost to carry out those measures needed to achieve

the plan‘s goal and to achieve intermediate steps toward that goal.

5) The Committee shall, prior to final approval of a new or revised recovery plan, provide

public notice and an opportunity for public review and comment on such plan.

6) The Committee shall submit report every year to the Central Government on the status of

efforts to develop and implement recovery plans for all species

Chapter III

Protection and Recovery of Species

(a) GENERAL.—(1) with respect to any endangered species of fish or wildlife listed

pursuant to Ch. II of this Bill it is unlawful for any person subject to the jurisdiction of the

India to—

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(A) import any such species into, or export any such species from the India,

(B) take any such species within the India or the territorial sea of the India;

(C) take any such species upon the high seas;

(D) possess, sell, deliver, carry, transport, or ship, by any means whatsoever, any such species

taken in violation of subparagraphs (B) and (C);

(E) deliver, receive, carry, transport, or ship in interstate or foreign commerce, by any means

whatsoever and in the course of a commercial activity, any such species;

(F) sell or offer for sale in interstate or foreign commerce any such species; or

(G) violate any regulation pertaining to such species or to any threatened species of fish or

wildlife listed pursuant to section 4 of this Act and promulgated by the Secretary pursuant to

authority provided by this Act.

(2) it is unlawful for any person subject to the jurisdiction of India to—

(A) Import any such species into, or export any such species from, India;

(B) remove and reduce to possession any such species from areas under Indian jurisdiction;

maliciously damage or destroy any such species on any such area; or remove, cut, dig up, or

damage or destroy any such species on any other area in knowingly violating any law or

regulation of any State or in the course of any violation of Indian Penal Code;

(3) It is unlawful for any person, without first having obtained permission from the

Committee, to engage in business—

(A) as an importer or exporter of fish or wildlife (other than shellfish and fishery) products

which are endangered species or threatened species, and

(ii) are imported for purposes of human or animal consumption or taken in waters under the

jurisdiction of India or on the high seas for recreational purposes) or plants; or

(B) as an importer or exporter of any amount of elephant ivory.

Prohibition on damage to habitat, etc.

No person shall damage or destroy the habitat of,

(a) a species that is listed on the Species at Risk in Endangered Species Bill, 2013 List as an

endangered or threatened species; or

109

(b) a species that is listed on the Species at Risk in Endangered Species Bill, 2013 List as an

extirpated species, if the species is prescribed by the regulations for the purpose of this clause.

(2) REQUIREMENTS.—Any person required to obtain permission under paragraph

(1) of this subsection shall—

(A) keep such records as will fully and correctly disclose each importation or exportation of

fish, wildlife, plants, or elephant ivory made by him and the subsequent disposition made by

him with respect to such fish, wildlife, plants, or ivory;

(B) at all reasonable times upon notice by a duly authorized representative of the Secretary,

afford such representative access to his place of business, give an opportunity to examine his

inventory of imported fish, wildlife, plants, or elephant ivory and the records required to be

kept under subparagraph (A) of this paragraph, and to copy such records; and

(C) File such reports as the Committee may require.

Exception

(a) PERMITS.—(1) The Committee may permit, under such terms and conditions as it

deems fit—

(A) any act otherwise prohibited by ch. III for scientific purposes or to enhance the

propagation or survival of the affected species, including, but not limited to, acts necessary for

the establishment and maintenance of experimental populations; or

(B) any taking otherwise prohibited by if such taking is incidental to, and not the purpose of,

the carrying out of an otherwise lawful activity.

(2)(A) No permit may be issued by the Committee authorizing any taking referred to in

paragraph (1)(B) unless the applicant thereof submits to the Committee a conservation plan

that specifies—

(i) the impact which will likely result from such taking;

(ii) what steps the applicant will take to minimize and mitigate such impacts and the funding

that will be available to implement such steps;

(iii) what alternative actions the applicant considered to such taking the applicant considered

and the reasons why such alternatives are not being utilized; and

(iv) such other measures that the Committee may require as being necessary or appropriate for

purposes of the plan.

110

(C) If the Committee finds, after opportunity for public comment, with respect to a permit

application and the related conservation plan that—

(i) The taking will be incidental;

(ii) The applicant will, to the maximum extent practicable, minimize and mitigate

the impacts of such taking;

(iii) The applicant will ensure that adequate funding for the plan will be provided;

(iv) The taking will not appreciably reduce the likelihood of the survival and

recovery of the species in the wild; and

(v) The measures, if any, required under subparagraph (A)(iv) will be met;

and that he has received such other assurances as he may require that the plan will be

implemented, the Committee shall issue the permit. The permit shall contain such terms and

conditions as the Committee deems necessary or appropriate to carry out the purposes of this

paragraph, including, but not limited to, such reporting requirements as the Committee deems

necessary for determining whether such terms and conditions are being complied with.

(D) The Committee shall revoke a permit issued under this paragraph if he finds that the

permitted is not complying with the terms and conditions of the permit.

Criminal Violations-

Any person who knowingly violates any provision of this Act, of any permit or certificate

issued hereunder, or of any regulation issued in order to implement this Act shall, upon

conviction, be fined not more than 5 Lakh or imprisoned for not more than one year, or both.

Cognizable- All Offences under this bill are cognizable & non bailable.

Non compoundable- - Offences under this bill are non compoundable.

Cognizance - Court shall take cognizance of any offence against this bill on the complaint of

any person.

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Chapter 4

1. Fair trade:-

Government should stop products from entering the marketplace if they are created by

causing animal suffering or decimating threatened and endangered species. Truly free trade

would be fair trade, and that means fair for the animals of the world, too.

2. To adopt Eco Labeling Scheme :-

Eco-label provides consumers with easily recognizable symbol, indicating the product‘s has

been assessed as environment friendliness and approved by certain organizations or

governments. Thus, it can help consumers, especial "green consumers" to make informed

purchasing decisions. Meanwhile eco-label also leads to higher and higher environment

consciousness of consumers.

3. Property right of the seized article of Animal-

The court in Indian Handicrafts Emporium v U.O.I,249

looked into the question as to what

would happen to the property rights, and so at the purpose behind the prohibition. Concluding,

the apex court said that the Union of India would be entitled to take physical possession of the

ivory now in seizure. There are articles such as idols of Gods and Goddesses, and household

items like sofa sets depicting cultural and religious heritage. Similar articles are being

displayed in museums as a part of cultural and religious heritage. Similar articles are being

displayed in museums as a part of cultural and religious heritage of India.

4. Sustainable Development-

It is recommended that the same be kept at appropriate museums or at such suitable places

where the statutory authorities feel fit and proper, but they should not be destroyed.

In order to be sustainable development it must meet the needs of the present without

compromising the ability of future generations to meet their own needs.

Illegal and unsustainable wildlife trade directly threatens the survival of many species in the

wild. Some examples are well known, such as poaching of elephants for ivory and tigers for

their skins and bones.250

249

AIR 2003, SC 3240 250

Illegal and unsustainable wildlife trade, available at www.worldlife.org (Accessed on Sept 20th

, 2011)

112

Illegal and unsustainable wildlife trade not only affects the species being exploited, but also

directly affects the livelihoods of millions of people especially the world‘s poorest, who

depend on local wild animals for meat and on local trees and plants for fuel and medicine.

The trade can also harm other species. For example, illegal fishing of already depleted fish

stocks affects other marine animals that depend on the fish.

5. Public Awareness - one of the most powerful tools for addressing illegal and

unsustainable wildlife trade is to discourage consumers from purchasing certain wild life

goods. This includes not just the people buying wildlife based products, but also shop keepers,

suppliers & manufacturers.

Chapter 5

Leopards are mostly found in sugarcane and agricultural land (Which are human dominated

areas). The reason may be that it is good place for breeding purpose and he can easily survive

on the livestock of farmers. Therefore it is challenge before the Government & forest officers

to ensure the coexistence of leopard and human in one area.

It is essential for Forest Department than any other government department to achieve the

goodwill and trust of the rural people (Farmers) who suffer loss of life and livestock by

leopard attacks.

To minimize the conflict between Leopard and human researcher has suggested following

recommendation which is useful in both stages-

1. In case of conflict arises (How to prevent the death of Leopard & damage to human life &

property?)

2. How to minimize the conflict? (What precautions need to take? Which preventive

measures needs to adopt?)

To execute the following measure, involvement & participation of stakeholders like forest

department and village people is most essential.

1. Awareness and participation-

It is essential to aware the forest dwellers, rural people regarding the seriousness of problem

of human-leopard conflict. It is duty of people to conserve & protect wildlife rather than

taking revenge of their damaged crops and life of human and livestock.

113

People should understand that wildlife helps to maintain ecological balance. People must

understand that the development can e take place without harming the environment which will

lead to reduce the conflict between animal & human. Government should not permit the

construction in forest area as well in the 20 Km near to forest area.

To prevent the leopard attack-

1. It is duty farmers to make the strong livestock sheds.

2. Farmers should make the boundary walls to agricultural area or keep watchman day and

night alternatively from the villagers who would prevent the entry of leopard in agricultural

land.

3. The government should stop construction in forest land as well as around the 20 km near

the forest area which will reduce the interference of human in natural habitat of animals.

In case of Leopard attack-

1. It is duty of people not of force the forest officer or police officer to kill the Leopard.

2. People should go to safe places rather than teasing the animal by overcrowding the place.

3. Inform the forest officer or police officer in the nearby area.

4. People to assist the forest officer or police officers in mitigating the conflict.

5. It is duty of people not to provoke Leopard because usually Leopard do not attack people,

on the contrary they avoid people.

2. Training-

To minimize the conflict as well as in case of emergencies relating to leopard attack it is duty

of Ministry of Environment and Forest to train -

1. People (Local Volunteers)

2. Police Officer

This would help the forest department to reduce the unnecessary leopard killing.

114

3. Human – Animal Conflict minimizing mechanism-

.

1. Emergency Team-

Object

The object behind establishment of emergency team is that,

a. Immediate steps need to be taken before forest officer reaches the place of conflict.

b. Forest officers may take time to reach the conflict area.

c. The local people or police officers can immediately come to the place & can take the

required actions.

Composition-

1. Five Local Volunteers (above 18 years of age) consist of three males and two females)

2. Five Police officers consist of local Jurisdiction

115

Responsibility-

The responsibility of the team is as follows:-

1. To aware the local people regarding the wildlife conservation.

2. In case of conflict arises to control the crowd & keep area secure until the forest officers

arrives

3. To announce the curfew so that the people can go to the secure place.

2. Forest Officers Team-

Object-

The Object behind establishment of forest officer‘s team is

a. To ensure that the leopard is rescued from the conflict area without any harm or damage to

life of leopard, human & property

Composition-

1. One Chief Wildlife Warden

2. Three well trained forest officers in handling and management of wildlife.

Responsibility

1. It is responsibility of forest officer‘s team to rescue Leopard safely from the conflict

situation.

2. Not to cause any harm or damage to life of leopard, human & property while rescuing a

Leopard.

3. Use chemicals or drugs which are less harmful to the Leopard while capturing leopard

4. Wear protective uniform and baffle boards for protection.

5. To do a micro-chipping to captured leopard so that the forest team can monitor the

movements after translocation.

116

References –

1. B.B. Hosetti , Concepts in Wildlife Management, Daya Publishing House, Delhi, Ed. 2nd

(2005),

2. Barua Mann, Human-Wildlife Conflict & 21st Century Conservation, Reading Group Outline,

University of Oxford, (2010)

3. Calhaun yael, Environmental Issues Wildlife Protection, Chelsea House Publication, (2007)

4. C.M. Hill, F.Y. Osborn & A.I. Plumptre, Human Wildlife Conflict Identifying problem and

possible solutions, Albertine Rift Technical Report series, Wildlife Conservation Society, Vol

I (2002)

5. Chhanda Das, A Treatise on Wildlife Conservation in India, Daya Publishing House, Delhi,

(2007)

6. Cirelli M.T., Legal Trends in Wildlife Management, Food and Agriculture Organization of the

United Nations Rome, (2002)

7. Desai Ashok A. Environmental Jurisprudence, Ed. 2 (2002), Modern Law House

8. Dinah Shelton and Alexandre Kiss, Judicial Handbook on Environmental Law, United

Nations Environmental Programme

9. Diwan, Shyam & Rosencranz Armin, Environmental Law & Policy in India:- Cases,

Materials & Statutes, Oxford University Press, Ed. 4 (2005)

10. Francois Lamarque, Human Wildlife Conflict in Africa: Causes, Consequences and

Management Strategies, Food and Agriculture Organizations of the United Nations, Vol 157

(2009)

11. P. Leelakrishnan, Environmental Law Case Book, Butterworths, Lexus Nexus Publication,

Ed. 2 (2007)

12. Pandit M.W., Shivaji S., and Singh Lalji, You Deserve, We Conserve A Biotechnological

Approach to Wildlife Conservation, I.K. International, Ed. 2 (2007)

13. Prabhakar Kukdolkar, ―Bibtya Kuthe Janar?‖, Continental Publication (2009)

14. M.Rangarajan, India’s Wildlife History, Permanent Black publication, Delhi (2001)

15. Maneka Gandhi, Ozair Husain, Raj Panjalani, Animal Laws in India, Universal Law

Publishing co. Pvt. Ltd, Ed. 3 (2006)

117

16. McCullough Dale R., Metapopulations and Wildlife Conservation, Island Press, (2009)

17. Millspaugh Joshua J., Thomson Frank R., III., Models for planning Wildlife Conservation in

Large Landscapes, Academic Press, (2011)

18. Mondal, Krishnendu, Ecology of leopard (Panthera Pardus) in Sariska Tiger Reserve,

Rajasthan, University of Rajasthan (2010)

19. Oldfield Sara, The Trade in Wildlife Regulation for Conservation, Eathscan Publications Ltd.

(2012)

20. Shobhna Gupta, Wild Life of India , Har Anand Publications Pvt. Ltd. (2005)

21. Simon Thirgood, Rosie Woodroffe and Alan Rabinowitz, The impact of human–wildlife

conflict on human lives and livelihoods Conflict or Coexistence?, Cambridge University Press

(2005)

22. Sunquists Melvin E and feona Sanquists, Wild Cats of the World , The university of Chicago

Press Ltd. Landon (2002)

23. Thakur Kailash, Environmental Protection Law and Policy in India, Deep & Deep

Publication Private Ltd. New Delhi , (2007)

24. Tom Regan, Animal Rights, Human Wrongs an Introduction to Moral Philosophy, Rowman

Littlefield Publishers ltd. (2003)

25. Valmik Thapar, The Last Tiger Strugling for survival, (2011) Oxford University Press

26. Upadhyay Sanjay and Upadhyay Videh, Forest Laws, Wildlife laws and the Environment,

(LexisNexis Butterworths, Vol I , Ed 2002)

27. V.K. Gupta, Kautilyan Jurisprudence, Delhi (1987)

28. Woodroffe Rosie, Thirgood Simon and Rabinowitz Alan , People and Wildlife Conflict or

coexistence, Cambridge University Press

29. Yaqin Anwarul, Legal Research and Writing Methods, Lexis Nexis Butterworths Wadhwa,

Nagpur (2010)

118

Web sites:-

1. Akhila, Amol, Wild Life Protection in India, Preserve Article

http://www.iloveindia.com (Accessed on 16th

Jan 2013)

2. www.awionline.org/ht/d/sp (visited on 23rd July 2011 at 10: 20am)

3. Bhat sairam, Overview of the legal regime relating to conservation of wildlife in India,

CEERA, National Law School of India University, Bangalore, www.nlsenlaw.org (Visited on

30th

July 2011)

4. CITES (the Convention on International Trade in Endangered Species of Wild Fauna and

Flora, also known as the Washington Convention) works by subjecting international trade in

specimens of listed species to certain controls. These require that all import, export, re-export

and introduction from the sea of species covered by the Convention has to be authorized

through a permitting system. www.environment.go.au (accessed on 28th

April 2011) at 5:30

pm

5. Conflict past and present, http://www.projectwaghoba.in/conflicts.htm 9Accessed on 18th

July 2012)

6. http://www.endangeredspecie.com (Accessed on 17th

July 2012)

7. http://www.hindustantimes.com (Accessed on 26th

April 2011) at 4:30 pm

8. Endangered species in India, http://www.indianetzone.com/39 (Accessed on 23rd Jan 2012)

9. Elephants death by human, www.eleaid.com (Visited on 5th

Sept 2012)

10. www.indianetzone.com (Accessed on 28th

April 2011) on Thursday at 11:30 am

11. http://indiasendangered.com ‗Leopards Victims of The Man-Animal Conflict‘ (Accessed on

10th

March 2012)

12. http://indiasendangered.com ‗Leopards Victims of The Man-Animal Conflict‘ (Accessed on

10th

March 2012)

13. www.thefreedictonary.com (Accessed on 29th

March 2012)

14. Leopard is listed in Threatened Endangered species

http://en.wikipedia.org/wiki/List_of_endangered_species_in_India (Accessed on 28th April

2011)at 3:15 pm

15. www.panda.org/species, (Accessed on 09 Feb 2011) on Wednesday at 6:30 pm

119

16. http://www.hindustantimes.com (Accessed on 26th

April 2011) at 4:30 pm

17. India Loses leopard a day, Hindustan Times, Oct 08, 2012, New Delhi available at

http://www.hindustantimes.com (Accessed on 22nd

Jan 2013)

18. www.kwintessential.co.uk/articles/india/Wildlife-Protection-In-India/3041 (Accessed on 29th

March 2012)

19. www.australiasouvenir.com/pages/endangered-species-in-australia.html (Accessed on 30th

March 2012)

20. www.environment.gov.au/biodiversit (Accessed on 30th March 2012)

21. http://www.endangeredspecie.com/protect.htm (Accessed on 14th July 2012)

22. http://www.ifce.org/endanger.html (Accessed on 10th July 2012)

23. http://www.china.org.cn/english/environment/236943.htm (Accessed on 10th July 2012)

24. http://www.amur-leopard.org/index.php?pg=wild (Accessed on 10th

July 2012)

25. http://www.kwintessential.co.uk/articles/india/Wildlife-Protection-In-India/3041 (Accessed

on 10th July 2012)

26. www.kwintessential.co.uk/articles/india/Wildlife-Protection-In-India/3041 (Accessed on 29th

March 2012)

27. http://www.kwintessential.co.uk/articles/india/Wildlife-Protection-In-India/3041 (Accessed

on 10th July 2012)

28. www.kwintessential.co.uk/articles/india/Wildlife-Protection-In-India/3041 (Accessed on 29th

March 2012)

29. http://wild-cat.org/pardus/leopards/ (accessed on 23rd

Jan 2013)

30. http://moef.nic.in/downloads (Visited on 15th

Oct 2012)

31. Leopards, http://www.wildlifesos.org (Accessed on 4th

Feb 2013)

32. Manslaughter by Elephants , www.eleaid.com (Visited on 5th

Sept 2012)

33. http://www.ceeindia.org/esf/download/paper14.pdf (Accessed on 17th Aug 2012)

34. http://www.ceeindia.org/esf/download/paper14.pdf (Accessed on 17th Aug 2012)

35. www.awionline.org/ht/d/sp (Accessed on July 23rd, 2011)

36. www.wto.org (Accessed on July 23rd , 2011)

120

37. http://www.traffic.org (Accessed on 22nd

Jan 2013)

38. http://wccb.gov.in/ (Accessed on 17th

Jan 2013)

39. www.sancturyasia.com (Accessed on 16th

Dec 2012)

40. Illegal and unsustainable wildlife trade, available at www.worldlife.org (Accessed on Sept

20th

, 2011)

41. www.env.gov.yk.co/wildlifebiodiversity /human_wildlife_conflict (visited on 12th

Oct 2012)

42. Times of India, 21 July 2012, Lucknow www.conservation.threat.org (Visited on 4th

Sept

2012)

43. www.conservationthreates.org (Visited on 4th

Sept 2012)

44. http://en.wwfchina.org (Visited on 7th

Sept 2012)

45. http://www.envfor.nic.in (Accessed on 23rd

Dec 2012)

46. http://projecttiger.nic.in/introduction.htm (Accessed on 23rd Dec 2012)

47. http://www.envfor.nic.in (Accessed on 24th

Dec 2012) P- 117

48. www.indianetzone.com (Visited on 28th

April 2011) on Thursday at 11:30 am

49. http://www.hindustantimes.com (Visited on 26th

April 2011)

50. www.panda.org/species, (Visited on 09 Feb 2011) on Wednesday

51. Conflict past and present,

http://www.projectwaghoba.in/conflicts.htm (Visited on 18th July 2012)

52. www.thefreedictonary.com (Visited on 29th

March 2012)

53. www.kwintessential.co.uk/articles/india/Wildlife-Protection-In-India/3041 (Accessed on 29th

March 2012)

Journals-

1. Global Animal, Daily news Magazine, from pets to wildlife, ,11 Feb 2011

2. Government of Maharashtra Forest Department

3. Guidelines for Human-leopard Management, April 2011, Ministry of Environment & Forests

Government of India

121

4. Bhat Sairam, Overview of the legal regime relating to conservation of wildlife in India,

CEERA, National Law School of India University, Bangalore, www.nlsenlaw.org (Accessed

on July 30th,

2011)

5. Blanc, J.J., Thouless, C.R., Hart, J.A., Dublin, H.T., Douglas-Hamilton, I., Craig, G.C. and

Barnes, R.F.W. 2003. African elephant status report (2002.)

6. Elisa Distefano, Human-Wildlife Conflict worldwide: collection of case studies, analysis of

management strategies and good practices

7. Illegal and unsustainable wildlife trade, available at www.worldlife.org (Accessed on Sept

20th

, 2011)

8. Joseph, Wild Life Conservation in India, http://www.preservearticles.com (Accessed on 17th

Jan 2013)

9. Kaushik Anubha , Perspectives in Environmental Studies ,

(2006)

10. Lisa Raffensperger, Illegal Animal Trade Finances War in Africa, World Resources Institute,

Earth Trends Environmental Information, available at: www.earthtrends.wri.org (Accessed

on July23rd, 2011)

11. http://wgbis.ces.iisc.ernet.in/energy/water/paper (Visited on 12th Oct 2012) Human – Animal

Conflicts Further Shrinkage of Habitat and Fragmentation of Animal Corridors will Enhance

Human – Animal Conflicts

12. Man-Animal conflict in India, Ministry of Environment and forest,23rd

Sept 2011

13. Managing Human –lion Conflict, University of Minnesota , lion Research Center,

www.cbs.umn.edu (Visited on 4th Sept 2012)

14. M.Zoe Warner, Examining Human-Elephant Conflict in Southern Africa: Causes and Options

for Coexistence, (2008), Master of Environmental Studies Capstone Project Department of

Earth and Environmental Studies, University of Pennsylvania

15. Ministry of Environment & Forests, (Project Elephant) http://moef.nic.in (accessed on 26th

Dec 2012)

16. Sara Ildfield, The trade in Wild life: Regulation for conservation, Eathscan Publications ltd.

17. Occasional Paper of the IUCN Species Survival Commission 29. Gland: IUCN/SSC African

Elephant Specialist Group.

122

18. http://indiasendangered.com ‗Leopards Victims of The Man-Animal Conflict‘

(Visited on 10th

March 2012)

19. Vidya Athrey & Aniruddha Belsare, Human-Leopard Conflict Management Guidelines,

(2007) Kaati Trust, Pune India.