Sections 11 and 12: When Hunting Is Permitted

In one line

Two sections, four situations, and a proviso added in 2022 that says killing is the last resort.

In exam wording: section 11(1)(a) of the Wild Life (Protection) Act 1972 permits the Chief Wild Life Warden, if satisfied that a wild animal specified in Schedule I has become dangerous to human life or is so disabled or diseased as to be beyond recovery, by order in writing stating reasons, to permit any person to hunt that animal or cause it to be hunted, provided that no wild animal shall be ordered to be killed unless he is satisfied that it cannot be captured, tranquilised or translocated, and provided further that no captured animal shall be kept in captivity unless he is satisfied that it cannot be rehabilitated in the wild and records his reasons in writing, the Explanation requiring capture or translocation to be effected so as to cause minimum trauma.

Continued: section 11(1)(b) permits the Chief Wild Life Warden or the authorised officer, on like satisfaction that a wild animal specified in Schedule II has become dangerous to human life or to property including standing crops on any land, or is so disabled or diseased as to be beyond recovery, to permit the hunting of that animal or group of animals in a specified area; and section 12 permits the Chief Wild Life Warden, by order in writing stating reasons and on payment of the prescribed fee, to grant a permit to hunt a specified wild animal for education, scientific research, scientific management, collection of specimens for recognised zoos subject to section 38-I or for museums and similar institutions, or derivation, collection or preparation of snake venom for the manufacture of life-saving drugs, with the previous permission of the Central Government for a Schedule I animal and of the State Government for any other.

Section 11(1)(a): the dangerous or disabled Schedule I animal

Who decides. The Chief Wild Life Warden, and by section 5(2) he cannot delegate this power.

On what satisfaction. That the animal has become dangerous to human life, or is so disabled or diseased as to be beyond recovery.

In what form. By order in writing stating the reasons.

What it permits. Any person to hunt the animal, or to cause it to be hunted.

The first proviso, and it is the important one. No wild animal shall be ordered to be killed unless the Chief Wild Life Warden is satisfied that such animal cannot be captured, tranquilised or translocated.

The second proviso. No captured animal shall be kept in captivity unless he is satisfied that it cannot be rehabilitated in the wild, and the reasons for the same are recorded in writing.