In today铆s lecture let us have a look at
the Legal aspects of capture and restraint.
So, in this lecture we will have a look at
different laws of the country and how they
relate to the capture and restraint of wild
animals.
So, we have seen that capture and restraint
of wildlife is an integral part of contemporary
wildlife management.
So, what are the acts that govern the structure
of wildlife?
The first one is the Indian Forest Act of
1927.
Now in this act it defines what do we mean
by a forest produce and a forest produce includes
wild animals and their skin tusks and other
parts and all other the parts or produce of
the animals.
So, essentially if there is any wildlife that
is there in the forest it is a forest produce.
If you are taking it out then those the sections
of the Indian forest act will also apply.
Then the acts prohibited; so, hunting, shooting,
fishing, poisoning of water, and setting of
traps, and snares.
Now when we see hunting, then hunting involves
a number of other activities that we will
soon come to.
Shooting, fishing, poisoning water or setting
up of traps and snares; now, these are the
things that is normally used to capture wildlife.
So, all of these are governed by the Indian
Forest Act.
Killing or catching of elephants; when we
do not have the Elephant Preservation Act
in areas where we do not have the Elephant
Preservation Act in place.
But then this act the section also permits
any act done by the permission in writing
of a forest officer or under rule made by
the state government.
So, essentially all of these activities are
prohibited, they are not banned.
Now the difference between banning and prohibition
is that; if something is banned you can never
do it, in case something is prohibited then
there are a certain sections that would permit
you to do those act under certain circumstances.
So, all of these things are prohibited they
are not banned.
Next we have the power to make rules for the
protected forest.
So, the government has the power to make rules
for regulating hunting, shooting, fishing,
poisoning of water, setting of traps, and
snares.
Basically everything that we look that in
the previous section, the state has the power
to make rules regarding those.
If there is somebody who contravenes these
acts or against whom there is a reasonable
suspicion that he or she has contravened the
provisions of the act, then there is a power
arrest without warrant.
So, essentially all of these sections are
cognizable sections, all of these offences
are cognizable offences.
Now the difference between a cognizable and
non-cognizable offence is that; in the case
of a non-cognizable offence you need to have
a warrant from an executive officer or from
judicial magistrate to arrest the person.
In this cases there is a power to arrest without
warrant.
So, typically those offenses that are very
light in nature; so for instance, there was
somebody who was there in the marketplace
and then he shouted something foul to me.
So, such an offence it is an offence because
that person has done me some harm, some level
of mental distress has been given to me by
shouting but those offenses will be a non-cognizable
offence.
So, if I want to get that person arrested
there has to be a warrant for arrest.
But in the case of offences that have a more
graver outcome: for instance, rape or murder
or things like that these come under the category
of cognizable offences.
So, you do not require a warrant you will
directly go and arrested person.
So, all of these offences are cognizable offences.
Next, the forest officers and the police officers
have the power to prevent commission of an
offence.
So, we can take actions even before an offence
has been committed.
Then there is a presumption that the forest
produce belongs to the government and as we
saw before the wild animals and their produce
are forest produce so all of those belong
to the government.
And persons are bound to assist forest officers
and police officers then they have entered
into the forest areas.
So, basically if there is a researcher that
has entered into our area for immobilizing
of an animal for any research purpose then
that person is bound to help us to detect
or prevent any offences that might go on in
the area so this is what the Indian Forest
Act says.
Now the Indian Forest Act was not specifically
made for wildlife.
So, because of that we had another act so
Wildlife Protection Act of 1972 and this would
deal with the aspects of wildlife in much
greater detail as compared to the Indian forest
act.
Now, in the case of wildlife protection act
section 2 tells about the animal article which
is any article that made from any captive
or wild animal other than vermin.
Vermin are those animals that we have specifically
declared in schedule 5 of the act.
that these are those animals that that we
can get rid of and there are very small number
of animals that are included there.
Now, if you look at the definition of hunting
under the Wildlife Protection Act, it includes
killing or poisoning or any attempt to do
that.
Capturing, snaring, strapping, baiting or
any attempt to do that, disturbing the eggs
or nest of birds, then it also talks about
meats.
So, meat also includes blood, fat, and flesh
of any animal.
So, basically if somebody is taking out any
tissue samples, then that person is taking
out meat of an animal out of the protected
area.
Then weapon includes firearms, hooks, nets,
poison, snares, trap, or any instrument or
apparatus capable of an anaesthetizing, decoying,
destroying, injuring, or killing an animal.
So, basically if you look at the wildlife
protection act the definitions are very wide.
So, hunting also includes things like capturing
or trapping of an animal.
Hunting also includes things like chasing
of an animal out there in the forest area.
Similarly when we have weapon, so anything
that is used to capture and animal or that
has and ability of anaesthetizing an animal
decoying, destroying, injuring or killing
animal is a weapon.
So, anything that we use to capture the animal
whether it is an immobilizing gun, whether
it is a dart gun, whether it is a firearms,
whether it is a hook, or net, poison and this
poison also includes, the drugs that we are
using on the animals, snares, traps, and any
other instrument or apparatus all of these
come in the category of weapons.
So, an immobilizing gun is a weapon under
this section and also any device that we are
using to trap an animal is a weapon.
Next is zoo includes rescue centers.
Now, section 9 is very important it prohibits
hunting.
Here also it is important to note that section
9 prohibited hunting it does not ban hunting
because hunting is permitted in under certain
circumstances.
So, hunting of wild life will be permitted
under certain cases and who is going to give
the permission; is the Chief Wildlife Warden
of the state.
Now, the Chief Wildlife Warden may if you
satisfied that any wild animals is specified
in schedule one has become dangerous to human
life, or is so disabled or diseased as to
be beyond recovery, by order in writing and
stating the reasons therefore, permit any
person to hunt such animal or cause animal
to be hunted.
Provided that no wild animal shall be ordered
to be killed unless the Chief Wildlife Warden
is satisfied that such animal cannot be captured,
tranquilized or translocated and provided
further that no such captured animal shall
be kept in captivity unless the Chief Wildlife
Warden is satisfied that such animal cannot
be rehabilitated in the wild and the reasons
for the same at recorded in writing.
So, basically section 11 gives a lot of protection
to the wildlife.
So, there is an animal that is there in schedule
1 and most of our endangered species are in
schedule 1.
So, for instance, tiger is a schedule 1 animal,
elephant is a schedule 1 animal and so on.
So, if there is a schedule 1 animal it can
only be hunted if the Chief Wildlife Warden
gives a permission in writing and also giving
the reasons and only under certain circumstances,
when it becomes dangerous to human life.
Now it is important to note that here it is
only human life, if it is doing any amount
of property damage then it cannot be hunted.
So, for instance, if there is an elephant
that normally raids the crop fields of farmers
nearby it cannot be hunted because it is only
destroying a property, it is not destroying
or it is not yet dangerous to the human life.
But is that animal comes out and kills human
being then when Chief Wildlife Warden if necessary
me give it the permission.
The other reasons are that the animal is so
disabled or diseased as to be beyond recovery
then this animal can be hunted down.
Now in this case the Chief Wildlife Warden
also needs to be satisfied that the animal
cannot be captured tranquilizer, translocated.
So, even in the case of the elephant that
has come out and has killed a few human beings;
our first option will be to capture tranquilize
and translocated this animal.
So, you take it out of this forest and put
it into some other forest.
So, we need to avoid hunting of these schedule
1 animals as much as possible and whenever
they are being captured or translocated it
should be in a way that.
So, that it causes minimum trauma to the animal.
Now this was in terms in the case of schedule
one animals now in the case of animals in
other schedules other than schedule 5, so
it includes schedule 2, 3, and 4.
Then, if the wild animal has become dangerous
to human life or to property including standing
crops or any land or the other conditions
are the same.
So, essentially schedule 1 animals are given
an extra protection they can only be hunted
when they are dangerous to human life.
The other animals can be hunted when they
are dangerous to human life or to the property
including crops and land.
So, if the elephant was not a schedule 1 animal
then it could be possible to hunt it when
it is destroying crops.
Next we have grant of permit for special purposes.
Now the Chief Wildlife Warden will also grant
permit to hunting for purposes including education,
scientific research, scientific management
and scientific management it means translocation
of animals from one place to another, population
management of wildlife without killing or
poisoning or destroying.
So, essentially if you have a population that
is over abundant, you cannot just go and till
that those animals to reduce the population
in the name of population management because,
population management says categorically without
killing or poisoning or destroying any wild
animals and also collection of specimens also
things like snake venom or life-saving drugs.
Now, all of these things have another category
here let provided no such permits shall be
granted in respect of any wild animal specified
in schedule 1; again we note that schedule
1 is more is the most important animal, except
with the previous permission of the central
government.
So, in the case of schedule 1 animals even
if you are giving these permissions there
has to be a letter from the central government.
And in respect of any other wild animal except
with the permission, except with the previous
permission of the state government.
Next if there is a scientist who wants to
get into a protected area then there is a
restriction of entry for those people.
So, no person other than a public servant
on duty or a person who has been permitted
by the Chief Wildlife Warden or the authorized
officer to reside within the limits of the
sanctuary shall enter or reside in the sanctuary
and in accordance with the conditions of the
permit granted under section 28.
So, essentially not everybody can get into
a protected area especially a sanctuary and
in the case of national parks, they also have
all of these is provision that are applicable
to those by a another section.
Now every person as so long as he resides
in the sanctuary is bound to do certain things
which include help in the forest officers
or the police officers to stop any offences,
so the person is required to reporting the
offences, the person is required to help in
the extinguishing of any fires and so on.
Next is the grant of permit so whenever the
Chief Wildlife Warden is granting permit for
scientific research, photography, tourism,
and so on.
Then he may put up certain conditions and
you may also require the payment of certain
fees for the granting of these permits.
Next section 29 says destruction etcetera
in a sanctuary prohibited without a permit.
No person shall destroy exploit or remove
any wildlife including forest produce from
a sanctuary or destroy or damage or divert
the habitat of any wild animal.
Now when we say destruction in a sanctuary,
again this term is very wide.
So, like when we saw in the case of pitfall
traps that that these trap require you to
predict certain structures in the ground.
And though these are temporary structures
and when you take them off then these structures
are going to leave a mark there in the sanctuary.
So, even that could be considered in the destruction
of the habitat.
So, essentially whenever you are doing anything
in a protected area special sanctuary and
national park.
You need to have clear cut permissions from
the Chief Wildlife Warden or from the authorized
officer.
Now when we see authorized officers in most
situations the Chief Wildlife Warden has delegated
the powers both of these powers to the to
the field director of the national park or
the wildlife sanctuary.
So, essentially you can even take permissions
from the field director, but only in those
cases where the act specifically says the
Chief Wildlife Warden or his designated officer.
In certain situations, it just says the Chief
Wildlife Warden only so in those cases this
power cannot be delegated, the definition
of destruction is very wide.
Now, section 30 says prohibition of entry
into sanctuary with a weapon.
Now as we saw earlier in the case of section
2 in the case of definitions weapon includes
a number of things; it includes a tranquilizer
gun, it includes an immobilizing gun, it includes
any of the traps, or snares on nets, that
you can use to capture a wildlife.
So, even entry into the park with any of these
weapons is prohibited except with a previous
permission in writing of this chief wild life
warden or the authorized officer.
So, basically if somebody gets into a natural
park and states that I am having this net,
but I have not captured a wildlife so far.
So, it does not mean that the person will
be exonerated because in terms of section
30 even entry into the sanctuary with that
net is prohibited.
Next we have then only use of injurious substances
section 31; which may cause injury to or endangered
any wildlife and this includes chemicals and
explosives and other substances.
So, basically when we see this section it
also includes all of our drugs that we are
using because they may cause injury to or
endanger wildlife.
Next we have control of sanctuaries the Chief
Wildlife Warden shall be the authority who
shall control, manage, and maintain all the
sanctuaries and take such measures in the
interest of wildlife as he may considered
necessary for the improvement of any habitat.
So, essentially outsiders do not have any
rights in these areas, but the Chief Wildlife
Warden has all the authority to take any steps
that he or she may find necessary for the
improvement of the habitat of the animals.
Because after all if this authority and this
responsibility is rested on the chief wildlife
warden.
Next section 34 states Registration of certain
persons in possession of arms.
So, if there is any person who is deciding
in or within ten kilometers of any sanctuary
and is holding a licensed arm then he or she
needs to register so that these arms are not
used for poaching of wildlife under any circumstances.
Next we have a declaration of national parks
now, this section 35 also states that destroying
exploiting or removing of any wildlife including
forest is not permitted damaging or destroying
or diverting the habitat is not permitted
except under and an accordance with the permission
granted by the chief wildlife warden.
And no such permission shall be granted unless
the state government being satisfied in consultation
with the national board that such removal
of wildlife from the national park or change
in the flow of water into or outside the national
park is necessary for the improvement and
betterment of wildlife there in authorize
the issue of such permit.
Now, in the case of national parks we have
an added layer of protection that the Chief
Wildlife Warden will only grant this permissions
when the state government is satisfied and
not only the state government has to be satisfied
it has to be satisfied in consultation with
the national board.
So, essentially you have taken the matters
to the central government.
Now, the provisions of section 27 and 28,
30 32 both inclusive and closes a, b, and
c of section 33 and 33 A and section 34 shall
apply as far as may apply in relation to a
national park as they apply in relation to
sanctuary.
So, essentially all the protection that was
given to a sanctuary are also applicable to
a national park.
Next we have recognition of zoos wild animals
to be a government property.
So, wild animal or their meat or any trophy
is government property.
And if, now this class is important any person
who obtained by any means the possession of
government property shall within 48 hours
of obtaining such possession report it to
the nearest police station or authorized officer
and shall, if required, handover such property
to the officer in charge of such police station
or such authorized officer as the case may
be.
So, basically if you come in the possession
of any government property and here government
property means animals, the wild animals their
trophies their meat or any such things.
If you, by any means, come into possession
of this government property you need to reported
within 48 hours to the nearest police station
and maybe, even if required, handover such
property to the officer in charge.
And no person shall, without the previous
permission in writing of the Chief Wildlife
Warden or the authorized officer acquire or
keep in his possession or control or transferred
to any person whether by way of gift sale
or otherwise or destroy or damage such government
property.
So, basically if you have come into possession
of any government property, any of these trophies
or meat or skin then you can only give it
back to the government, you will be need to
reported to the police station and hand it
over there.
You are not authorized to keep it with you
to give it to any other person whether by
gift or sale or anything and you are not even
authorized to destroy or damage this government
property otherwise it would be considered
as an offence.
Next section 48a restricts the transportation
of wildlife without prior permission and section
62 declares certain wild animals to be vermin.
Now, in case of section 62, the central government
made by notification declare any wild animal,
other than those specified in schedule 1 and
part 2 of schedule 2, to be a vermin for an
area and for such period as maybe specified
there in and so long as the notification is
in force such wild animal shall be deemed
to have been included in schedule 5.
Now, in the case of schedule 5, there is a
provision that these animals can be hunted.
The next act that will consider it is The
Prevention of Cruelty to Animals Act 1960.
Now, it says, duties of the person in charge
of the animal.
So, any person who is having a charge of the
animals need to follow these provisions.
You cannot treat an animal cruelly, you cannot
give it unnecessary pain or suffering.
Now, this is not only applicable to the wild
animals, but it is also applicable to the
domestic animals.
You cannot administer any injurious drug or
injurious substance to any animal, you cannot
convey or carry this animal whether in a vehicle
or anything else and subject to unnecessary
pain or suffering, keep it confined in a cage
or any receptacle which does not measure sufficiently
in height, length and breadth to permit the
animal a reasonable opportunity for movement,
keep the animal for an unreasonable time chained
or tethered, failed to provide such animal
with sufficient food drink or shelter, you
cannot abandon this animal under circumstances
in which it will suffer pain by reason of
starvation or thirst.
If this animal is suffering from any contiguous
or infection diseases you cannot let it loose.
You cannot mutilate this animal you cannot
kill this animal.
And this is important solely with a view to
providing entertainment, confined or cause
to be confined and any animal including tying
of an animal as a bait in a tiger or other
sanctuary so as to make it an object or prey
to any other animal.
Now, this section has been a bit controversial
because at times people have used this section
to state that no animal can be used as a bait
for capturing of any other animal.
So, essentially when you are trying to capture
a leopard that has become involved in human
wildlife conflict you cannot tie a goat to
capture this animal.
But then this section 17m, it clearly states;
solely with a view to providing entertainment
confines or causes to be confined any animal
including tying an animal as a bait so as
to make it as an object of prey for any other
animal.
So, why does it state like this?
Because in the earlier times there were situation
in which people used to tie a buffalo in a
reserve or a sanctuary.
Now when there is a buffalo or a calf that
is tied somewhere then the predator would
come there and hunt this animal.
And this was done solely to provide entertainment
to the people who are coming there to the
tourist who were coming to visit this park
and to see how this predator is hunting the
animals.
Now, solely for the purpose of entertainment
this cannot be done, but otherwise if you
are using an animal as a bait, for any other
purpose it is permitted under the prevention
of cruelty to animals act 1960.
Then experiments on animals are regulated,
there is a committee to control and supervise
experiments on animals.
It also has some duties and responsibilities.
Then there is a power to prohibit experiments
on animals and then there are rules.
That are made under these which are prevention
of cruelty, capture of animal rules 1972 and
transport of animal rules, to deal with the
transport of monkeys.
Now, why is this important because in a number
of situations we have observed that monkeys
are getting into human wildlife conflict.
So, essentially there are certain temples
in which monkeys have been venerated for a
number of decades because in India, people
consider monkeys as to be related to the lord
Hanuman.
But if these animals are getting into conflict
and if the government wants to transport these
monkeys away from residential areas or from
these temples around it into the forest areas
then even these monkeys have protection.
So they cannot be confined into smaller cages,
they cannot be we just put inside this smaller
cages in a large number and then translocated.
You need to be extremely mind put that these
monkeys are also animals who have a sense
who can suffer, who can suffer from pain,
and other discomfort.
So, whenever these monkeys are being translocated
for any reason then this transportation has
to be done in a comfortable manner.
So, this is about the prevention of cruelty
to animals act.
Next we have the arms act of 1959, now here
also section two deals with the definitions
and when we look at the definitions of arms
and firearms.
Then we can see clearly that the two things;
one arms includes firearms and immobilization
guns are firearms as per the definition.
So, essentially immobilization guns are firearms
and because firearms are included in arms.
So, immobilization guns are both firearms
and arms.
So, the provisions of this act are completely
act applicable whenever we have using the
immobilization guns Now, in certain areas
the rules have been relaxed a bit, but in
general, you require license for the possession
of firearms and ammunition.
You cannot have more than three firearms at
any time.
Then the manufacturer, sale etc. of these
arms and ammunitions required a license and
also import and export of these arms and etcetera
are required a license.
And then there is power to prohibit import
and export of arms by the central government
and also a power to restrict or prohibit the
transportation of arms.
Next we have the provisions of the Indian
Electricity Act 2003.
Now why is this provision important?
Because in a number of situations we have
observed that there are people who perform
hunting of animals using electricity.
So, what they would be doing; if there is
a high tension wire so suppose this wire is
scanning 11 kV of a electricity, these people
would just put up some pegs on the ground
and then take a GI wire, pass it like this
and then leave it like this.
So, when you do any such activity, this 11,000
volts that was there in the high tension wire
is now brought down.
So, all this wire is now having a potential
of 11 kV and now if there is any animal and
if there is suppose a water body somewhere
there and this animal is using this path to
go to the water body so as soon as the body
of this animal comes into contact with the
wire here.
So, the 11 kV line and this the legs of the
animal are connected to the ground.
So, when this animal comes here then this
11 kV potential of the wire and this is ground,
so this is having a 0 volt potential.
So, this potential difference of 11000 volts
will result in a massive jolt of electricity
that goes from the body of this animal and
this animal would die.
Now, this process of electrocution is being
used by some people to hunt for smaller animals.
Similarly electricity is also being used to
hunt fishes.
So, people would just put up this electric
wire into the pond and then pass a high voltage
of current through it.
So, all of these activities are regulated
and in a number of cases even banned under
the Indian Electricity Act 2003.
So, section 135 talks about tapping or making
or causing to be made by any connection with
overhead underground or underwater lines or
cable; so this is all prohibited.
And if there is any accident that occurs,
including the loss of human or animal life
or injury to human or animal life.
Then the person needs to give a notice of
occurrence and of any such loss of or injury
actually caused by the accident in the form
to the electrical inspector of the area.
So, that is the Indian Electricity Act.
It is not very much applicable in the case
of our immobilizations, but it is important
to note that if you are using electricity
for any immobilization of or any capturing
of animals, then these rules also need to
be taken into account.
Now, the important act that we need to deal
with, when immobilizing animals, is a Indian
Veterinary Council Act of 1984.
Now in this act section 2 is definitions.
So, it says that veterinary medicine means
modern scientific veterinary medicine in all
it is branches and includes veterinary surgery
and obstetrics.
So, it includes a number of things and the
term veterinary medicine.
Now in the case of section 30, it says rights
of persons who are enrolled on the Indian
veterinary practitioners register they can
hold office and they can practice veterinary
medicine.
Now, why is this important?
Because if you are immobilizing an animal
then you are giving some drugs to the animal
so, you are practicing veterinary medicine
on that animal.
Now you can only do that if you are enrolled
on the Indian veterinary practitioners register
so, essentially you have a license to practice.
So, any person cannot just go and administer
the immobilizing drugs or anesthetics to any
of the wild animals and also to any other
animals but because we are dealing with wildlife
conservation, whenever anybody is going into
the forest area and is trying to immobilize
an animal he or she needs to have a license
of practice under the Indian Veterinary Council
Act of 1984.
And then it also says that other regulations
under the regulations 17(4) of the Veterinary
Council of India, standards of Professional
Conduct Etiquettes and Code of Ethics for
Veterinary Practitioners Regulation 1992 will
be used.
Now, it says that a veterinarian shall use
any drug prepared under standard pharmacological
principles and shall adopt all necessary preparations
and precautions like sterilization and verification
does as a normally prescribed for that drug.
Now it also means that expired medicines cannot
be administered on the wild animals unless
the veterinarian things that he or she has
taken suitable precautions that have been
taken to overcome any loss of potency of these
drugs.
But then as a rule, expired medicines should
not be used on wildlife as far as possible.
Only in the cases of experiences are emergencies
the veterinarian can make an informed decision,
but that should be the exception not the norm.
Next we have the Drugs and Cosmetics Act of
1940.
So, it says so section 3 definitions drug
includes all medicines for internal or external
use of human beings or animals.
So, any immobilizing drug or any anesthetic
drug that we are using on a wildlife comes
under the control of the Drugs and Cosmetics
Act of 1940.
And it also includes those devices that are
intended for internal and external use in
diagnosis treatment medication or prevention
of disease or disorder.
So, it includes those chemicals and also the
devices.
Then it talks about the standards of quality.
So, the all these drugs have to be of a certain
standard of quality.
Now, next it says there that there is prohibition
of import of certain drugs or cosmetics.
So, the central government by notification
in the official gazette can regulate or prohibit
the import of certain drugs and cosmetics.
Also to prohibit completely the import of
drugs and cosmetics in public interest, the
central government can also make rules regarding
standards of quality.
Prohibition of manufacture and sale of certain
drugs and cosmetic.
Now why this is important?
Because in a number of situations you would
here that in the field there is a dearth of
certain drugs.
But then if there is a demand for those drugs
it is not possible for any person to just
go ahead and manufacture those drugs it is
not just related to a profit and loss thing
or demand and supply rule.
Essentially, the central government has the
power to regulate the import on manufacturing
of any drug or cosmetics in the public interest.
So, we also have the drugs and cosmetics rules
1940 which talk about import licenses; license
to sell stock exhibit or offer for sale or
distribute these drugs and so on.
Next important act is the narcotic drugs and
psychotropic substances act 1985.
Now, why this important?
Because I was in the lecture on immobilization
narcotics are a very important category of
drugs that we use for the immobilization of
animals.
Now it talks, this act talks about controlled
substances and manufacturing drugs.
Narcotic drugs means coca leaf, cannabis hemp,
opium, poppy straw, and includes all manufactured
goods.
So, essentially when we saw that all of the
narcotic drugs that we use for wildlife are
morphine or their derivatives and morphine铆s
derived out of opium or poppy.
So, basically all of these are included in
under this act.
And psychotropic substances means any substance
national or synthetic or any national material
or any solved the or preparation of such substance
or material included in the list of psychotropic
substances.
Now psychotropic substances also include the
agents that perform the role of hallucinogens.
So, they create hallucination in the animal
and those are also used as dissociative anesthetics
as you saw in the lecture on immobilization.
So, both narcotics and psychotropic substances
are included or are covered under the ambit
of this act.
Now, the central government can take measures
to prevent and combat abuse of and illicit
trafficking narcotic drugs.
Now why is this that important?
Because in the case of wildlife conservation
we might require these drugs for conservation
of wildlife of or immobilization for transportation
of wildlife.
But there are people who can abuse these drugs
as a recreational substance.
So, which is why it becomes extremely crucial
for the government to take measures to prevent
and combat abuse and illegal traffic in narcotic
drugs.
Then it prohibits certain operations.
And then this act says that, not only does
the central government permit control and
regulate these drugs, but also the state government.
So, this is a power that is also given to
the state government and then it talks about
the punishment.
Now, section 68J is important, the burden
of proof, in any proceedings under this chapter
the burden of proving that any property specified
in the notice served under section 68H is
not illegally acquired property shall be on
the person affected.
So, basically the burden of proof is given
on the person that has been inducted under
this act.
So, if you are in position of any of the drugs
that are mentioned here, it is your responsibility
to prove that you have acquired those drugs
legally.
So, you have not illegally imported those
drugs, you have not illegally manufactured
those drugs, you have not taken those drugs
illegally from some place, you have not stolen
those drugs from someplace.
So, all of these responsibilities will fall
on the person who is found in possession of
the drugs so, which is by it become important
under section 68J.
Then it also protects action taken in good
faith and then take government and central
government can make certain rules regarding
this.
Then you have to apply for a license import
certificate, transit licenses and so on.
Now, other acts and rules that are important
in the case of immobilization include the
Indian Wireless Telegraphy Act of 1933 and
the Draft Guidelines for obtaining Unique
Identification Number and Operation of Civil
Unmanned Aircraft System UAS issued by the
Office of the Director General of Civil Aviation
So, basically when we talked about immobilization
of animals we also looked that placing of
collars on the animals.
So, these radio collar that are put on the
neck of the animal.
So, once you have immobilized the animal you
can put a radio collar to track this animal.
Now because this radio collar makes use of
wireless frequencies so the Indian Wireless
Telegraphy Act of 1933 becomes important here.
Now, it says that you have a prohibition of
position of wireless telegraphy operators
without license.
So, you need to have a license before you
are operating any of these collars, power
of central government to exempt persons from
provisions of the act.
Then he talks about license, power of the
central government to make rules that is important
to note that all of these rules are governed
by the central government.
Next is the use of drones or the unmanned
air vehicles UAVs.
So, here we have things like issue of unique
identification number to all unmanned aircraft.
Now drones are increasingly being used these
days to locate the animal that needs to be
immobilized.
So, you can fly a drone into your reserve
area and see which is the animal that you
want to dart.
So, in that case you need to have a unique
identification number for you drone, you need
to have unmanned aircraft operator permit,
the security aspects need to be taken into
account, training requirements, maintenance
of the aircraft, and so on.
Now, all of these rules are becoming increasingly
important these days because we are making
use of newer and newer technologies.
In the case of drones it also becomes important
because these drones also have the potential
to say, crash into a wild animal, to kill
that animal or to crash into the forest area
and start a fire.
So, essentially a number of insurances, a
number of trainings, need to be kept in mind,
the aircraft needs to be properly maintained
and so on.
So, essentially in this lecture we had a look
at a number of acts and rules.
So, Indian Forest Act, the Wildlife Protection
Act, the rules made under those, the Prevention
of Cruelty to Animal Act, the Arms Act, the
Indian Electricity Act, the Indian Veterinary
Council Act 1984, the Drugs and Cosmetics
Act 1940, the Narcotic Drugs and Psychotropic
Substances Act 1985, Indian Wireless Telegraphy
Act 1933, Draft Guidelines for obtaining Unique
Identification and Operation of Civil Unmanned
Aircraft System and so on were discussed.
Now, it is important to note here that most
of these acts and rules are changing with
time because we are getting newer and newer
technologies this acts and rules are getting
amended.
So, whenever there is any activity, any person
who wants to do perform immobilization of
wild animal in a reserve area then it makes
a lot of sense to go through all of these
acts once more to see if there has been any
amendment in any of those provisions and whether
you have all the required licenses with you,
all the required permissions with you.
So, for instance, in the case of our narcotic
substances and our Narcotics and Psychotropic
Substances Act, we saw that even if you are
in position of a drug it is your responsibility
to prove that you have acquired it legally
and there is no hanky panky business that
is going on.
So, it is always important to keep in mind
that you have all the permissions and you
are following all the laws of the land.
So, that is all for today.
Thank you for your attention.
