The primary legislation governing wildlife protection in India is the Wildlife Protection Act of 1972, which has been amended several times to strengthen the provisions for wildlife conservation.
Under the Wildlife Protection Act, the punishment for wildlife poaching depends on the severity of the offense, the species involved, and the purpose of the poaching activity. The act categorizes offenses into two broad categories: offenses against wildlife species listed in Schedule I, II, III, and IV, and offenses against species listed in Schedule V.
- Offenses against Schedule I, II, III, and IV species:
These schedules include endangered and critically endangered species, such as tigers, elephants, rhinoceros, and various other protected animals. Punishments for offenses against these species are stringent and include: a. Imprisonment: The act stipulates a minimum imprisonment term of three years, which may extend to seven years, for hunting, poaching, or capturing any wildlife species listed in Schedule I and II. For subsequent offenses, the minimum imprisonment term is five years, which may extend to seven years. b. Fine: The act imposes a minimum fine of 10,000 Indian Rupees (INR) for hunting, poaching, or capturing any Schedule I or II species, which may extend up to 25,000 INR. Additionally, the court may impose a higher fine equivalent to the value of the offense or the market price of the wildlife species. c. Repeat Offenders: If a person is convicted of an offense under the Wildlife Protection Act for the second time, the act provides for higher penalties, including higher fines and longer imprisonment terms. - Offenses against Schedule V species:
Schedule V species include animals that are not endangered or critically endangered but are protected due to their ecological importance. Punishments for offenses against these species are comparatively less severe, but they still carry significant penalties: a. Imprisonment: The act stipulates a minimum imprisonment term of three years, which may extend to seven years, for hunting, poaching, or capturing any wildlife species listed in Schedule V. For subsequent offenses, the minimum imprisonment term is five years, which may extend to seven years. b. Fine: The act imposes a minimum fine of 5,000 INR for hunting, poaching, or capturing any Schedule V species, which may extend up to 10,000 INR.
In addition to the penalties mentioned above, the Wildlife Protection Act empowers authorities to confiscate any weapons, traps, vehicles, or equipment used in the commission of the offense. It also allows for the forfeiture of any property or proceeds derived from wildlife-related crimes.
It’s important to note that the punishment for wildlife poaching can vary depending on the specific circumstances of the case, the state laws, and the discretion of the judiciary. In some cases, the penalties may be enhanced, especially for organized wildlife crime syndicates or repeat offenders.
The government of India, along with various wildlife conservation organizations and enforcement agencies, has been actively working to combat wildlife poaching and protect its natural heritage. Public awareness campaigns, increased surveillance, and stricter law enforcement have contributed to curbing wildlife crime to a certain extent.