The Wild Life (Protection) Amendment Act, 2006
The Wild Life (Protection) Amendment Act, 2006 (No. 39 of 2006) has come into force on 4 September 2006. The Act provides for creating the National Tiger Conservation Authority and the Tiger and Other Endangered Species Crime Control Bureau (Wildlife Crime Control Bureau).
The implementation over the years has highlighted the need for a statutory authority with legal backing to ensure tiger conservation. On the basis of the recommendations of National Board for Wild Life, a Task Force was set up to look into the problems of tiger conservation in the country. The recommendations of the Task Force, inter alia include strengthening of Project Tiger by giving it statutory and administrative powers, apart from creating the Wildlife Crime Control Bureau. It has also recommended that an annual report should be submitted to the Central Government for laying in Parliament, so that commitment to Project Tiger is reviewed from time to time, in addition to addressing the concerns of local people.
The National Tiger Conservation Authority would facilitate MoU with States within our federal set up for tiger conservation. It will provide for an oversight by Parliament as well. Further, it will address livelihood interests of local people in areas surrounding Tiger Reserves, apart from ensuring that the rights of Scheduled Tribes and such other people living nearby are not interfered or adversely affected. The core (critical) and buffer (peripheral) areas have been defined, while safeguarding the interests of Scheduled Tribes and such other forest dwellers.
The functions and powers of the Authority, inter alia include : approval of Tiger Conservation Plan prepared by States, laying down normative standards for tiger conservation, providing information on several aspects which include protection, tiger estimation, patrolling, etc., ensuring measures for addressing man-wild animal conflicts and fostering co-existence with local people, preparing annual report for laying before Parliament, constitution of Steering Committee by States, preparation of tiger protection and conservation plans by States, ensuring agricultural, livelihood interests of people living in and around Tiger Reserves, establishing the tiger conservation foundation by States for supporting their development.
The Notification of the National Tiger Conservation Authority has been issued on 4 September 2006, for a period of three years, with the Minister for Environment and Forests as its Chairperson and the Minister of State for Environment and Forests as the Vice-chairperson. The official members include Secretary, Ministry of Environment and Forests, Director General of Forests and Special Secretary, Ministry of Environment and Forests, Secretary, Ministry of Tribal Affairs, Secretary, Ministry of Social Justice and Empowerment, Chairperson, National Commission for the Scheduled Tribes, Chairperson National Commission for the Scheduled Castes, Secretary, Ministry of Panchayati Raj, Director, Wildlife Preservation, Ministry of Environment and Forests and six Chief Wildlife Wardens (in rotation from Tiger Reserve States) (Arunachal Pradesh, Madhya Pradesh, Orissa, Rajasthan, Tamil Nadu and Uttaranchal). Three Members of Parliament would be nominated by the Parliament. The Ministry of Law and Justice would also be nominating an officer. The Ministry of Environment and Forests is in the process of selecting the eight non-official experts or professionals having prescribed qualifications and experience, of which at least two shall be from the field of tribal development. The Inspector General of Forests in charge of Project Tiger shall be the Member Secretary of the Authority.
The Ministry is in the process of creating the Wildlife Crime Control Bureau, invoking the provisions created after the recent amendment. The Bureau would collate intelligence relating to wildlife crime, ensure coordination with State Governments and other Authorities through its set up, apart from developing infrastructure and capacity building for scientific and professional investigation into wildlife crimes and assist the State Governments in successful prosecution of such crimes.
The penalty for an offence relating to the core area of a tiger reserve or hunting in the reserve has been increased. The first conviction in such offence shall be punishable with imprisonment not less than three years but may extend to seven years, and also with fine not less than fifty thousand rupees but may extend to two lakh rupees. The second or subsequent conviction would lead to imprisonment not less than seven years, and also with fine not less than five lakh rupees, which may extend to fifty lakh rupees.
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