UPSC Prelims 2022 Q89: Environment & Ecology – Environmental Governance & Legislation
With reference to Indian laws about wildlife protection, consider the following statements:
1. Wild animals are the sole property of the government.
2. When a wild animal is declared protected, such animal is entitled for equal protection whether
it is found in protected areas or outside.
3. Apprehension of a protected wild animal becoming a danger to human life is sufficient ground
for its capture or killing.
Which of the statements given above is/are correct?
- (a) 1 and 2
- (b) 2 only
- (c) 1 and 3
- (d) 3 only
Answer: (b) 2 only
Explanation
Wildlife (Protection) Act, 1972: three claims
| Statement | Verdict | Reason |
|---|---|---|
| 1. Wild animals are the sole property of the government | Incorrect | Section 39 makes only certain animals (those hunted, killed, found dead or captured in violation) government property; the State holds wildlife as a trustee, not as sole owner |
| 2. A protected animal gets equal protection inside or outside protected areas | Correct | Protection under the Schedules applies everywhere, not only in sanctuaries and national parks |
| 3. Mere apprehension of danger is enough to capture or kill it | Incorrect | Section 11 requires the Chief Wildlife Warden to be satisfied the animal has become dangerous, and capture or tranquillising comes before killing |
Answer: (b) 2 only.
Why each option is right or wrong
- (a) Incorrect. Statement 1 overstates the law; the State is a trustee, and Section 39 covers only specific cases.
- (b) CORRECT. A scheduled animal is protected wherever it is found, inside or outside protected areas.
- (c) Incorrect. Neither 1 nor 3 is right; killing needs the Chief Wildlife Warden's satisfaction of actual danger.
- (d) Incorrect. Apprehension alone is not enough; Section 11 needs an actual threat and an order.
Key point
WPA 1972: scheduled animals protected everywhere; Section 11 allows capture or killing only on the Chief Wildlife Warden's satisfaction of real danger; the State is a trustee, not sole owner.
Remember
Protected animals are protected everywhere; fear alone does not justify killing.
Common mistakes
- Reading Section 39 as making every wild animal government property.
- Thinking protection applies only inside protected areas.
- Accepting 'apprehension' as enough; the law requires a finding that the animal is dangerous.
Exam tip
Words like 'sole' and 'sufficient' are traps. Check whether the law really goes that far.
Sources
- Wildlife (Protection) Act, 1972 — Sections 11 and 39
- MoEFCC — Wildlife (Protection) Amendment Act, 2022