The District Forest Officer, Ukhrul Forest Division cum District Wildlife Warden, Government of Manipur has issued a circular on Saturday banning hunting, sale, and trade of Wildlife and Wildlife Articles within Ukhrul District under the Wildlife Protection Act, 1972, as amended.
The circular issued by Laishram Gitla (IFS) DFO/ Ukhrul Forest Division cum District Wildlife Warden, Government of Manipur, reads, “it is hereby notified for the information of the general public and all stakeholders under Ukhrul Forest Division, that hunting, poaching, trapping, killing, capturing or unauthorised possession of wild animals, birds and their derivatives is strictly prohibited under the Wild Life (Protection) Act, 1972, a central legislation enacted to ensure the protection of wild animals and their habitats.
“Any person found involved in illegal hunting, possession, transportation or trade of protected wildlife shall face strict legal action under the relevant provisions of the above-mentioned Act, including seizure of weapons, traps, vehicles and other materials used in the commission of the offence, wherever applicable. Ignorance of the law shall not be accepted as an excuse for violating its provisions.
“The Office of the Divisional Forest Officer, Ukhrul Forest Division, earnestly appeals to all Village Headmen, Village Authorities, Churches, Civil Society Organisations (CSOs), Students’ Unions/Youth Organisations, NGOs, Clubs and other community-based institutions to extend their full cooperation in protecting the rich wildlife heritage of Ukhrul district.”
Legal provisions of relevant sections of the Wild Life (Protection) Act, 1972, as amended are hereby annexed for public interest:
1. DEFINITION OF HUNTING (SECTION 2 (16))
The term “Hunting” includes:
1. Killing, poisoning, capturing, snaring, trapping or coursing any wild animal.
2. Injuring or destroying any part of the body of a wild animal.
3. Damaging or destroying the eggs or nests of birds and reptiles.
4. Any attempt to commit the above-mentioned acts.
Even an attempt to hunt or capture wildlife constitutes an offence under the Act.
2. PROHIBITION OF HUNTING (SECTION 9)
No person shall hunt any wild animal specified in Schedule I and Schedule II of the Wild Life (Protection) Act, 1972, except as specifically permitted under Sections 11 and 12 of the Act.
The prohibition applies to hunting by means of firearms, traditional weapons, traps, snares, explosives, poison or any other method.
3. PENALTIES FOR VIOLATION (SECTION 51)
Any person found violating the provisions of the Act shall be liable to the following punishment:
A. General wildlife offences
-Imprisonment up to 3 years; or
-Fine up to ₹1,00,000; or
-Both imprisonment and fine
B. Offences involving Schedule I animals (such as Asiatic black bear, Sun bear, Brown bear, Asiatic wild dog, Clouded leopard, Leopard cat, Civets, Deer, Pangolin, Porcupines, Squirrels, Hoolock gibbon, Blyth’s Tiagopan, Hombill, Indian python, Monitor lizards, Slow loris etc.)
-Imprisonment not less than 3 years, extendable up to 7 years
-Fine not less than ₹1,00,000
-Offence relating to Schedule-l animals are Cognizable and Non-Bailable
D. Second or subsequent offences covered under the enhanced penalty provisions
-Imprisonment not less than 3 years, extendable up to 7 years
-Fine not less than ₹1,00,000
4. OTHER IMPORTANT LEGAL PROVISIONS
Section 39: Wild animals hunted, captured or otherwise dealt with in contravention of the Act, as well as specified animal articles and trophies, are Government property.
Section 50: Authorised officers are empowered to inspect, search, seize, arrest and take necessary action in accordance with the provisions of the Act.
Section 51(2): The court may order forfeiture of weapons, traps, tools, vehicles and other articles used in committing the offence.
Section 51(4): The court may order cancellation of the Arms Licence used in committing a wildlife offence.
Section 57: In specified circumstances, the burden of proving lawful possession lies upon the person in possession of the animal, animal article or trophy.
