Relevance: GS III (Environment – Human-Wildlife Conflict) | Source: The Hindu / Indian Express

1. The Context: Survival vs. Law

In a recent incident in Gujarat (Gir Somnath), a farmer killed a leopard using a sickle to save his son during an attack. Despite the act being in self-defence, forest officials registered a case against him.

  • The Paradox: Why arrest a victim? The investigation is standard procedure to ensure that “self-defence” is not being used as a cover for poaching or revenge killing.

2. The Legal Shield: Wildlife (Protection) Act, 1972

The law balances conservation with the right to life.

  • Schedule I Protection: Leopards are listed in Schedule I, granting them the highest level of legal protection (same as Tigers). Hunting them is a non-bailable offence.
  • The Self-Defence Clause (Section 11): There is a critical exception. Section 11(2) states that killing or wounding a wild animal is not an offence if done in good faith to defend oneself or another person.
  • The Caveat: The burden of proof lies on the person. Also, the dead animal is Government Property, not a trophy.

3. Who Can Order a Kill?

If an animal becomes a “man-eater” or dangerous to human life, a citizen cannot simply decide to hunt it.

  • The Authority: Only the Chief Wildlife Warden (CWLW) of the state has the power to declare a Schedule I animal “dangerous to human life” and issue a hunting order (Section 11(1)(a)).
  • Note: This power cannot be delegated to lower officers for Schedule I animals.

UPSC Value Box

Concept / Authority Relevance for Prelims
Chief Wildlife Warden (CWLW) The statutory authority under the Wildlife Protection Act, 1972 who heads the Wildlife Wing of the State Forest Department. They have the sole power to permit hunting of Schedule I animals.
Vermin (Schedule V) Animals (like crows, fruit bats, rats) that can be hunted freely. The Centre can declare any animal (except Schedule I/II) as vermin for a specific period and area.
Article 51A(g) A Fundamental Duty in the Constitution that enjoins every citizen to protect and improve the natural environment, including forests, lakes, rivers, and wildlife.

Q. With reference to the Wildlife (Protection) Act, 1972, consider the following statements:

  1. The Chief Wildlife Warden of a State has the authority to permit the hunting of a Schedule I animal if it has become dangerous to human life.
  2. Killing a wild animal in self-defence is considered a criminal offence under all circumstances.
  3. Any wild animal killed in self-defence becomes the property of the person who killed it.

Which of the statements given above is/are correct?

(a) 1 only

(b) 1 and 2 only

(c) 2 and 3 only

(d) 1, 2 and 3

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