Killing of 250 wild animal species now non-bailable offence

Until now, if someone was arrested for the offence of killing only tigers and elephants, they would not get bail; now, the offence of killing another 248 wild animals will also be non-bailable.

This change is coming in the new law protecting the country's endangered wild animals. The 'Wildlife Conservation and Security Ordinance' was approved by the advisory council last Thursday.

The ordinance that has been issued has brought most species of wild animals in the country under its protection. Protection has also been given to 100 species of trees favourable for sustaining the habitat of wild animals.

Forest officials and law enforcement agencies have also received the power to arrest suspected criminals involving in the above offense without a warrant. A provision has also been made for the formation of a wildlife trust for the protection and welfare of wild animals.

Speaking regarding this, adviser to the ministry of environment, forest and climate change, Syeda Rizwana Hasan, told Prothom Alo, “The ordinance is good news for wildlife conservation.”

She added that the new wildlife wing has already been approved by the Finance Division. In the previous law, the responsibilities of the government and the forest department regarding forest conservation were not specific. Those have been clarified in the new ordinance.

The adviser said that the rights of traditional forest inhabitants have been preserved and recognised in the forest law, adding that the Forest Department will carry out the work of demarcation of the forest boundaries so that forest land is not newly encroached upon.

Although the ordinance, like the “Wildlife Conservation and Security Act-2012,” has four schedules, the new ordinance has divided Schedule-1 into three sub-divisions: a, b, and c.

In Schedule-1 (a), tigers and elephants have been protected as flagship species of the environment. 250 species of wild animals will receive protection in Schedule-1 (b). 127 species in Schedule-1 (c) and 1,207 species of wild animals in Schedule-2 have come under protection. Schedule-3 includes 15 species of rats that farmers can chase away. These rats will not receive protection under the law. Some 100 species of trees have been protected in Schedule-4.

The ordinance has brought 133 species of mammals, 741 species of birds, 160 species of reptiles, 60 species of amphibians, 91 species of sharks and rays, 6 species of crabs, 23 species of sea cucumber, three important fish, 32 species of coral, 38 species of snails and oysters, 188 species of butterflies and moths, 24 species of beetles, and 100 species of plants under protection. A total of 1,599 species, including plants and wild animals, have come under protection under this ordinance.

The Forest Directorate reported that approximately 70 specialists, including wildlife specialists, zoologists, conservationists, and non-governmental development organisations engaged in nature and wildlife conservation, worked to prepare this ordinance.

In Section 36 of Chapter Nine of the 2012 Act, the killing of tigers and elephants was considered a cognisable offence and was made non-bailable. It remains the same now. The previous provision for punishing anyone who kills a tiger or elephant for the first time without obtaining a licence with a minimum of 2 years to a maximum of 7 years of imprisonment and a fine of a minimum of Tk 100,000 to a maximum of Tk 1 million, and if the same offence is committed a second time, giving the offender a maximum of 12 years in jail and a fine of Tk 1.5 million, has been retained in the new ordinance.

Section 37 of the previous Act stated that if one kills a leopard, clouded leopard, crocodile, dolphin, sambar deer, whale, gharial, or hoolock gibbon, the penalty is set as a maximum of 3 years' imprisonment or a maximum fine of Tk 300,000, or both punishments. Committing the same offence a second time [incurs] a maximum of 5 years' imprisonment or a maximum fine of Tk 500,000, or both punishments. This has also been retained in the new ordinance.

Furthermore, the provision of a maximum of 3 years' imprisonment and a fine of Tk 300,000 for possessing tiger and elephant trophies (body parts) without a permit, and a maximum of 5 years' imprisonment and a fine of Tk 500,000 for committing the same offence a second time, remains the same as in the previous Act.

However, while Section 43 of the previous Act considered the killing of tigers and elephants to be a cognisable and non-bailable offence, the killing of other animals was non-cognisable and bailable. In Section 46 of the new ordinance, the killing of wild animals in Schedule-1 (a) and (b) has been considered a cognisable offence and has been made non-bailable. Consequently, 250 animals are now being added to the non-bailable offences alongside the tigers and elephants in Schedule (a).

In Section 37 of the new ordinance, forest officials and concerned law enforcement agencies have been given the power to arrest suspected forest criminals without a court warrant in the case of cognisable offences.

In that case, the officer must be a Forest Department official, a minimum of sub-inspector in the police, a minimum of assistant revenue officer in customs, a minimum of petty officer in the Coast Guard, and a minimum of constable rank in the Border Guard.

If someone commits an offence under a bailable section, the lowest-ranking assistant forest conservation officer of the Forest Department can release them on the basis a bond.

When asked, Md Jahangir Alam, country director of the Wildlife Conservation Society Bangladesh, told Prothom Alo, “The previous law on wildlife conservation had several shortcomings. The new ordinance has removed those shortcomings. As a result, this ordinance will serve as a strong legal basis for wildlife protection.”

Regarding the non-bailable section, he said, “Although criminals, including birds, were often caught, forest officials had nothing left to do after seizing the birds. This is because catching and killing birds was not a cognisable offence. Under the new law, forest officials and members of the concerned law enforcement agencies will be able to take action against the criminals.”