Wildlife protection act 1972
Querist :
Anonymous
(Querist) 20 November 2011
This query is : Open
Dear Experts,
This query is to get your independent opinions regarding Sections 34(1),(2)and (3) of Wildlife Protection Act 1972 visa vis Arms Act 1959 and fundamental rights. Wildlife Protection Act 1972 can be read at http://envfor.nic.in/legis/wildlife/wildlife1.html
My position will be that arms are fundamental right under Articles 19 and 21 supported by reasoning put forth in following links and High Court judgements as well as but not limited to doctrine of precedence, natural justice, strict scrutiny etc.:
1) Judgements of High Courts http://indiansforguns.com/viewtopic.php?f=4&t=15638 and http://indiansforguns.com/viewtopic.php?f=4&t=15639
2) http://www.lawyersclubindia.com/forum/RKBA-guaranteed-under-Articles-19-and-21-of-Constitution-36011.asp
I want to establish Sections 34(1),(2)and (3) of Wildlife Protection Act 1972 to be unreasonable, superfluous and ultra vires.
Following is the zist of my reasoning:
Section 34(1) and (2) of Wildlife Protection Act 1972 are putting unreasonable, unnecessary and needless burden on arms license holders when arms are already well regulated under Arms Act 1959 and information about all arms license holders in the area is already present with the District Magistrate.
Liberty is guaranteed under Article 21 of Constitution. Liberty includes not be be put under unnecessary, unreasonable burden, harassment or insult. Arms licenses or exemptions from licenses are issued to law abiding citizens by following the due process of law and putting all of them under unreasonable burden and suspicion amounts to treating them like criminals is affront to them and their Liberty guaranteed by the Constitution. Chief Wildlife Warden without any reasonable suspicion asking all arms license holders to line up at his office under Section 34(1) and (2) of of Wildlife Protection Act 1972, amounts to insult and harassment of arms license holders.
If he ever has credible evidence about violation of Wildlife Protection Act 1972 with help of arms against any person, he is anyways free to request information related to arms license from the District Magistrate or file a case in appropriate court of law.
Moreover since arms are a fundamental right, the Chief Wildlife Warden can safely assume that since arms are fundamental right, every citizen who is not barred by law from possessing arms, is in possession of arms. Section 34(3) is ultra vires and superfluous since arms are fundamental right under Articles 19 and 21 of Constitution and hence every citizen unless disqualified under Section 14 of Arms Act 1959 is entitled to keep and bear arms as per law. Where is the need to require concurrence of Chief Wildlife Warden when there is already a provision for police report about the arms license applicant?
