December 8, 2022
Sushmita Dev’s speech on The Wild Life (Protection) Amendment Bill, 2022
Thank you, Mr. Chairman, Sir. Today, my party has given me an opportunity to speak on a very important Bill, that is, the Wild Life Protection (Amendment) Bill. And, I have to say that it is my privilege to speak before you for the second time within a span of very few days. Sir, I was listening to my learned colleagues and very valuable suggestions have been put forth.And, it is extremely significant for me
because I come from the State of Assam, however elected by my Leader, Ms. Mamata Banerjee, from West Bengal. I come from a region where forests, flora and fauna form a very integral part of our economy, of our livelihoods and of our society. As you know, Sir, the North-Eastern Region constitutes just 7.98 per cent of the geographical area of the country but it accounts for nearly one fourth of its forest cover. So, this Bill is, particularly, very close to my heart. But, I will start by saying that this is one such Bill where one cannot concentrate just on the sections or clauses that have been amended in the Principal Act, but, actually, the thrust of this Bill is in the number of Schedules that have been included. उस िदन आप एक्सपट�ज़ के बारेमेंबोल रहेथे। कु छ िबल्स ऐसेहोतेहैं, िजनके िलए एक्सपट�ज़ की बहुत ज�रत
होती है। यह वैसा ही एक िबल है। I applaud the Members of the Standing Committee because I feel that they have done a thorough job. They have heard a number of activists, environmentalists, experts and, then, given their suggestions on this Bill. We are well aware that as a nation, we are amongst the 184 countries that have signed the Convention on International Trade in Endangered Species of Wild Fauna and Flora, 1975. If I am not wrong, we signed it and ratified it some time in 1976. This Bill is absolutely necessary to bring our current laws in line with our international obligations under that treaty. Having said that, I would like to say it was first introduced in the Lok Sabha in December 2021. The Standing Committee went through a very thorough discussion. Then, it was passed in the Lok Sabha, and, now, it is before us for consideration again. If I may say so, this Bill is a prime example of how a Standing Committee can act as a watchdog of the nation. Today, all the Members of the House, whether they are in the Treasury Benches or in the Opposition Benches, we must all
come together in agreeing that it will be a disservice to the nation if the number of Bills that go to the Standing Committee drops from 60 per cent to 13 per cent. Sir, today, I am a Member of Parliament but I do not have every expertise. So, it is an opportunity for me to read the Standing Committee Report and learn from it. Here, I would like to say िक हम कानून िकसके िलए बनातेहैं? हम एक साधारण इंसान के िलए कानून बनातेहैं, िजस पर यह कानून लागूहोता है। हमारा यह क�र्व्य है, as law-makers, it is our duty to simplify the law. Our hon. Minister is very learned. I have sat in the Environmental Standing Committee with him and learnt a lot from him. लेिकन हर इंसान के पास उसको समझनेकी ताकत नहीं होती। As regards the way this Bill has been amended, the Standing Committee has repeatedly said that it has become a very cumbersome Bill. The question that many people in this arena have raised is: What is the reason that this was not made a part of the Biological Diversity Act, 2002, the amendment for which is also pending in the 2021 Bill before the Joint Committee? अगर बायोलॉिजकल
डायव�सटी एक्ट के माध्यम सेइस अमेंडमेंट को लाया जाता, तो मेरा यह मानना हैिक it would have been far more streamlined. My learned colleague, Mr. Sinha, spoke a lot about biological diversity, which only bolsters my point that inserting it in the Biological Diversity Act would have been a better drafting strategy. No one can oppose this Bill, Sir. No one can oppose this Bill because we all agree on sustainable exploitation of our flora and fauna. And, it is a reality that the kind of international trade that takes place of plants and wildlife specimen runs into billions of dollars. It is a huge area for legislation. It was much required. So, I do not oppose that but I would also like to say that this kind of exploitation also leads to a massive threat.Therefore, to implement CITES was extremely important for us. Sir, one of the key amendments that has been brought is to have two authorities, one being the management authority and one being the scientific authority. Sir, these two authorities will regulate the trade of these species as well as they will ensure that the level of the trade doesn’t go to such an extent that it becomes detrimental to any species. Sir, this is important. I don’t deny it because our Sustainable Development Goals
No. 15 is also very important to us when it comes to wildlife. But I do feel, Sir, that in the composition of these two authorities, one must remember that this is a subject that is in the Concurrent List, and, therefore, the States must have a significant say in how it is implemented. So, these two authorities, how they will be set up, who will run it, which set up of officers will be there, must take into accounts our strong principles of federalism and help the States. They should be able to constructively engage at the level of these authorities. Sir, I am pained to say that many Members, not just me, have repeatedly raised the concern about the way Section 43 has been amended. Section 43 of the principal Act has been amended, which is the 1972 Act, and this is not a concern of Parliamentarians or Members of the Standing Committee but this is a concern of people who have been fighting for decades for the protection of captive animals like the elephants. Sir, if I may say so, हमनेदेखा था, एक ज़माना था, जब राजा-महाराजा हाथी पर चढ़ कर यु� करनेजातेथे। मुझेबचपन के वेिदन याद हैं, जब हम िरप�ब्लक डे परेड मेंदेखतेथेिक साहसी बच्चों को हािथयों पर बैठा कर परेड मेंलेजातेथे, पर, इस देश मेंहम उन कानूनों या िरचुअल्स मेंपिरवतर्न लेकर आए। हम यह क्यों लेकर आए? हम उस पशुके िहत मेंयह पिरवतर्न लेकर आए, िजसको जंगल मेंहोना चािहए, लेिकन वह हमारेबीच मेंहै, उसमेंहमारा थोड़ा स्वाथर् है। So, whether all of us, Parliamentarians, realize that a wild elephant in this country comes under ‘captive animals’. हमनेिरप�ब्लक डेपरेड मेंभी हाथी को यूज़ करना बंद कर िदया। It has been declared as a heritage animal. Mr. Jairam Ramesh, I think, was, at that time, the Minister. यह सरकार जो क्लॉज़ 27 लेकर आई है, it is a direct contravention of the earlier Section 43. I am sure, the hon. Minister is very
learned, he will explain himself. सरकार स्टैंिंडग कमेटी की िसफािरश के िबल्कु ल िवपरीत अमेंडमेंट लेकर आई है, जो लोक सभा मेंपास होकर राज्य सभा मेंआया है।The original Act says, you cannot transport or transfer any captive animal for consideration. So, what are the exceptions? It is like if you move an animal from one zoo to the other, no one can say anything; and the moment you move them, you have to inform the Chief Wildlife Warden within 30 days. सर, सरकार इस सेक्शन को बदल कर जो संशोधन लेकर आई, उसमेंिलख िदया िक लाइव एिलफें ट्स के जो ओनर हैं, िजनके पास स�टिफके ट है, they can transfer and transport with the permission of the State Government on fulfillment of such
conditions as may be prescribed by the Central Government. Huge discretion, Sir. इसमेंपरपज़ तक नहीं िलखा। The Standing Committee made a very practical suggestion. We realize the ground realities of this nation, and elephants form a part of our rituals. So, I plead with the hon. Minister िक आपनेजो ‘ऐनी अदर परपज़’ करके इसको और भी �ॉड कर िदया, उसकी वजह से प�ब्लक डोमेन मेंएक डर है। सर, आप उस डर की वजह समझतेहैं। सर, चूँिक मेरा समय समाप्त होनेवाला है, इसिलए मैंएक महत्वपूणर्तथ्य बता कर अपनी बात समाप्त क�ँगी। I want the hon. Minister to tell the Parliament the reason why this Government did not vote against the motion where international trade for ivory was due to be started. That motion was defeated, but this Government abstained from voting. So, ‘any other purpose’ और उसके बीच मेंकोई संबंध तो नहीं है,सर? शायद यह पूछना लोकतं� में मेरा हक है। आपका बहुत-बहुत धन्यवाद, पाट� का बहुत-बहुत धन्यवाद।
