| A summary of the provisions of the Act having a bearing on the Asian elephant is given below (Bist and Barua, 2000): 1. Sections 9, 11 and 12: Hunting (which, by virtue of Section 2, also includes capturing) of elephants is normally prohibited. An elephant can be hunted under the orders of the CWLW if it has become a danger to human life or has become diseased or disabled beyond recovery. No elephant can, however, be hunted under this provision of the Act even if it becomes a threat to standing crops or property. The Act also permits killing or wounding in good faith of any elephant in defence of oneself or any other person. The CWLW is also authorized to issue a permit for hunting an elephant, with the previous permission of the Central Government, for the purpose of education, scientific research, scientific management or collection of specimens for zoos recognized by the Central Zoo Authority (CZA), public museums and similar institutions. Scientific management of elephants, as defined in the Act, means translocation of elephants to an alternative suitable habitat, or their population management without killing, poisoning or destroying them. 2. Sections 18-38: The Act makes special provisions for establishing new Protected Areas (i.e. Sanctuaries and National Parks) for the protection of all wild fauna and flora found therein and also for regularisation of the Protected Areas set up earlier [Section 66(3)]. The Act prohibits the exploitation of all wildlife and also the destruction of habitat of any wild animal within a Sanctuary or a National Park except for the purpose of improvement and better management of the wildlife living therein. Prior approval of the State Government is also needed for this purpose. The Act imposes suitable restrictions on trespass, and use of fire, injurious chemicals, poisons and weapons within a Sanctuary and a National Park. The Act bans grazing within a National Park while prior approval of the CWLW is needed for grazing within a Sanctuary. The Act enjoins on the CWLW to arrange for prophylactic inoculation of all livestock living within 5 km of a Sanctuary or a National Park against communicable diseases. All persons possessing firearms and living within 10 km of a Sanctuary or a National Park are required to register with the CWLW or the Authorized Officer (AO). Boundaries of Sanctuaries and National Parks cannot be altered without approval of the State Assembly. 3. Section 39: Any elephant captured or killed without approval of the competent authority or killed by mistake or found dead, or any trophy (cured or uncured), animal article or ivory (including imported ivory) obtained from an elephant involved in any offence under the Act is deemed to be government property. Any person who comes in possession of such government property is under legal obligation to inform the nearest police station or the AO within 48 hours. |
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