The draconian face of Wildlife Protection Act, 1972
Published on: 7 June 2022, 01:38 pm
The provisions of the WLPA, although not unusual in criminal jurisprudence, are rather severe in their letter and operation. They create a framework of law that is abrupt and strict in punishing activities that may be completely normal for an Adivasi. The Leaflet reproduces excerpts from 'Criminalisation of Adivasis and the Indian legal system', with due permission from its publishers, Indigenous Peoples Rights International (IPRI), Geneva.
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1.3 A Narrative of Discrimination and of Mass Criminalisation: Design of the Report
STORIES, experiences and accounts of Adivasi and forest dwelling communities recount discrimination at a multitude of levels. Despite constitutional protections, not only is this prejudice reflected in the normal course of operation, but occurs as a structural phenomenon, inherent to our systems of existence. Enmeshed with this discrimination are a range of colonial and post–colonial legislations which criminalise Adivasis and their socio-economic practices. Discrimination and criminalisation, therefore, have had a continuing connection, possibly one where discrimination resonates in criminal jurisprudence, and vice–versa. It is widely understood that such criminalisation over decades, even centuries, has further alienated and excluded Adivasis, creating a chasm between countervailing notions of legality and illegality, and indeed of justice and injustice itself. However, the exploration of the exact processes through which the legal system in India has proceeded to create these chasms, and the dimensions and contours of these chasms, has not been done. In the present exploratory study, it is proposed to examine the contours, dimensions and processes of criminalisation of Adivasis and forest dwelling communities in India, with the objective of mapping the problematic assumptions that have been woven into the fabric of law. The purpose of the study is to create a base document, which can then provide the basis for further discussion, understanding, and strategic advocacy.
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4.5.1 The Accused, the Offence and the Process of Prosecuting the Offence
The Wildlife Protection Act, 1972 ('WLPA') is first among our list and also happens to be one of the most dangerous of the lot. It creates a frightening number of offences. Four different categories of offences can be discerned from the text of the Act, all of which are cognisable and non-bailable.