Elvish Yadav case: Court does not get bail quickly, know what is Wildlife Protection Act
Noida: A case has been registered against YouTuber and Bigg Boss OTT winner Elvish Yadav in Noida, Uttar Pradesh. A case has been registered against him in Noida Sector 49. This case has been registered under sections of the Wildlife Protection Act on charges of snake venom trade. Actually, snakes in the country have been protected under the provisions of the Wildlife Protection Act- 1972.
The snakes are given protection keeping in mind the conditions of the area and to protect them from illegal wildlife trade. There is a provision for action under the Act regarding cases like live snake, snake poison, trade of snake skin by criminals. In case of violating the law, the accused may have to go to jail. After this type of allegation is made, the accused has to prove that he is not implicated in the case. In such a situation, YouTuber Elvish Yadav seems to be in deep trouble. If legal action is initiated against him, Elvish will have to go to jail.
Snake is a protected wild animal
Snakes are listed as protected wild animals under Indian law. Poaching and possession of venom of snakes and their body parts protected under various schedules of the Wildlife Protection Act 1972 are offenses punishable under the Act. The severity of the punishment depends on the location of the offense inside or outside a protected area and the species of snake involved. According to the sections of Wildlife Protection Act 1972, capturing or attempting to capture any wild animal is considered an offense under Section 9 of the Act. There is no provision for protection of snakes in the Act. Catching snakes is considered hunting.
Catching snakes by any means hunting
Under the Wildlife Protection Act 1972, catching snakes in any way is considered hunting. Meaning, if a snake comes out of your house, then catching it and releasing it into the forest is considered hunting. In India, the game of cheating people by promising them Nagmani is very popular. For this reason, catching a snake has been classified as a crime in India. However, to protect the snakes from people, hunting i.e. rehabilitation has been allowed.
There is also a provision for granting hunting permission under Section 11 and 12 of the Wildlife Protection Act. It is issued in writing by the Chief Wildlife Warden or an authorized officer. Therefore, it has been made mandatory for any rescuer to take permission from the authorities before engaging in any type of rescue operation.
Will have to prove innocence if accused
A case will be registered in case of suspicion and allegations of snake hunting under the Wildlife Protection Act. Any victim suspected and accused will have to prove his innocence before the investigating officer or the court. As per the provisions of the Act, the burden of proving innocence is placed on the accused. Therefore, regular snake rescuers must have a valid permit.
Wildlife Protection Act
High Court lawyer Pratyush Kumar says that the Government of India passed the Indian Wildlife Protection Act in the year 1972 to prevent any kind of atrocities on voiceless animals in the country. This law was amended in the year 2003. Now its name is Indian Wild Life Protection Amendment Act 2002. In this amended Act, penalties and fines have been made more stringent in cases of hunting or harassing all wildlife, including snakes. In December 2022, Rajya Sabha passed the Wildlife Protection Amendment Bill 2022. In this, provision has been made for the protection of endangered species of wildlife and flora.
“Under the provisions outlined in Section 16(C) of the Wildlife Protection Act, Elvish Yadav and other individuals implicated in the case could potentially be subject to legal repercussions for harming snakes. Under this, there is a provision of 3 years in jail and a fine of Rs 25,000. The accused has declared his innocence. They will have to prove it themselves. In such a situation, they will have to present sufficient evidence before the investigating officer, only then they will be able to avoid legal action.”, Pratyush Kumar, lawyer.
Provision for case in cases of atrocities
According to Section 11(1) of the Prevention on Crucial Animals Act 1960, if any pet dies in India due to teasing, torturing, keeping it hungry or thirsty, then provision has been made for FIR against the accused. There is a provision of fine on the pet owner under this Act.
In case of domestication of protected animals, people do not obey even after a warning and if a complaint of cruelty is made for the second time within three months, then the owner can be jailed for up to three months along with a fine. Sections 428 and 429 of the IPC provide for a punishment of up to two years and a fine for causing death or suffering to any animal by poisoning or in any other way.
Keeping any animal tied with an iron collar or rope is considered a crime. Pets also come under this scope. Under the provision, it is necessary to take the pets out of the house. If this is not done, a provision of three months jail and fine has been made.
Harming a snake is a crime
Under Section 16(C) of the Wildlife Protection Act 1972, harming any wild birds or snakes, damaging eggs or destroying their nests is classified as a crime. For doing so, the person can face a jail term of three to seven years and a fine of Rs 25,000.
According to the Animal Birth Control Rules (2001) of the Government of India, no dog can be driven from one place to another. If the dog is venomous and there is a fear of being bitten, an animal welfare organization can be contacted. It has been made clear that even those who rescue snakes may have to go to jail if they do so without documents. Eight conditions have been set for this.
In this, rules have been made from catching snakes to releasing them in protected places. Based on these conditions, the license is given for one year.
For the conservation and rescue of snakes, permission will have to be taken under Section 12(b) of the Wildlife Protection Act 1972. There is a provision for action against such people under the Wildlife Protection Act 1972 if they are caught rescuing snakes without permission. Those who receive a license are allowed to have a work area within an area of 50 kilometers.
After catching the snake, information has to be given to the Divisional Forest Officer or his authorized officer. There are instructions to keep a record of snake catching every year and give this information to the Divisional Forest Officer every month. After capturing the snakes, a provision has been made to release them in the forest area on the instructions of the Divisional Forest Officer or his authorized officer.
Provision for action against snake charmers also
In case of catching and killing a snake, there is a provision for action under the sections of the Wildlife Protection Act 1972. Under the Act, killing of a snake, extracting its parts or its venom and trading in it is prohibited. If found doing so, action will be taken against them based on the provisions of the Wildlife Protection Act 1972. His snake catching license will also be cancelled. There is no provision for paying any fees from the government to such licensees.
At the same time, the snake catcher himself has been made responsible in case of any accident during catching or releasing of snake, physical harm or death in case of snake bite. The five people who were arrested and two people were charged during the rave party in Noida, action will be taken under this Act. He himself will have to provide proof of innocence. In such a situation, the problems of the accused seem to be increasing.