National Parks and Zoos, and Sanctuaries and Zoos
Chapter One Hundred Seventy-Three
Syllabus topic 5, "Legal framework for Development and Protection of Sanctuaries"
Pages 672 to 675 of 818
In one line
MU pairs a zoo with a National Park on one paper and with a sanctuary on another, and the pairing is odd because the two are opposites.
In exam wording: a National Park is declared under section 35 of the Wild Life (Protection) Act 1972 over an area needed to be constituted as such by reason of its ecological, faunal, floral, geomorphological or zoological association or importance, for protecting, propagating or developing wild life therein or its environment, and is a form of in-situ conservation of a place; a zoo is defined by clause (39) of section 2 as an establishment, whether stationary or mobile, where captive animals are kept for exhibiting to the public or ex-situ conservation, including a circus and off-exhibit facilities such as rescue centres and conservation breeding centres, and is a form of ex-situ conservation of animals removed from their habitat; section 38H forbids the operation of a zoo without recognition by the Central Zoo Authority and, since the Amendment Act of 2002, the establishment of one without that Authority's prior approval; and section 38H(1) confers no power on the Chief Wild Life Warden, so that a National Park is administered by the State's wildlife officers and a zoo by a central regulatory authority.
The eight differences
| National Park | Zoo | |
|---|---|---|
| Nature of conservation | In situ: the animal stays where it lives | Ex situ: the animal is kept in captivity |
| Created by | A notification of the State Government under section 35, or of the Central Government under section 38 | The act of a zoo operator, lawful only on recognition |
| Permission needed | None; the State declares | Prior approval to establish under section 38H(1A); recognition to operate under section 38H(1) |
| Who decides | State Government, with the National Board for boundary changes | The Central Zoo Authority, with an appeal to the Central Government |
| Rights of others | Settled and extinguished under sections 19 to 26A, with no continuation | Not applicable; the land is the operator's |
| The animals | Wild animals in their habitat | Captive animals under clause (5) |
| Governing prohibitions | Sections 27 to 34 and 35(6) to (8) | Sections 38-I and 38J, and the Recognition of Zoo Rules 2009 |
| Purpose in the Act | Protecting, propagating or developing wild life or its environment | Exhibiting to the public or ex-situ conservation |
Where the pairing does make sense
They meet at four points, and a good answer names all four.
One: section 12(c)(i). The Chief Wild Life Warden may grant a permit to hunt for the collection of specimens for recognised zoos, subject to the permission under section 38-I. That is the lawful route by which an animal moves from the wild into a zoo.
Two: section 38-I. No zoo shall acquire, sell or transfer a wild or captive animal specified in Schedule I except with the previous permission of the Authority, and no zoo shall acquire, sell or transfer any wild or captive animal except from or to a recognised zoo, with a proviso for a conservation breeding centre. So the wild population is insulated from the zoo trade.
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