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Samad Kidwai (Student)     28 October 2009

Inidan Wildlife Act 1972 query

I wondered if an animal listed under Schedule IV of the Inidan Wildlife act can be kept as a pet and what are the reqresuites for doing so ?

If mot, what are the charges and penalty one can face ?

is this site giving corrrect info - https://indianaquariumhobbyist.com/community/modules.php?name=News&file=article&sid=113

 

thanks a lot in advance :)



Learning

 18 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     28 October 2009

entire information sought by you i =s already available in the referred site.

1 Like

Samad Kidwai (Student)     28 October 2009

I wanted to verify its authencity as few people told me that it is agaist the law to keep a Corn snake as pet (it comes under Schedule IV) .

I just wanted to find out if the sites information is correct.

thanks Mr.Kumar for your help

Samad

K.C.Suresh (Advocate)     29 October 2009

A good information. Thanks

Samad Kidwai (Student)     29 October 2009

Mr.Suresh,

Then am i correct in assuming that the site contains accurate information ????

thanks both of you

Samad

Feroz M Shafeeque (Police Officer)     29 October 2009

I could not found the information from the original Act.

Please refer it here.

 

1 Like

Samad Kidwai (Student)     29 October 2009

thanks for your reply. the act is extremely lengthy and would take a lot of time to find out and its language is not one that an ordinary 15-year old like me can comprehend.

 

considering you are an enforcer of law what guidlines have you been given in accrodance of keeping a corn snake (Schedule IV) as pet ? i know that hunting them isnt allowed :)

 

thnaks

Abdul Samad

Feroz M Shafeeque (Police Officer)     30 October 2009

As I haven't yet used Wild Life Act, I discussed the matter with a DFO.

 

In his opinion no wild animals listed in Schedule except those in Schedule V can be reared as pets.

Corn Snakes (Elaphe Guttata) is not common in India, and it is not listed in any Schedule. Even though it is listed in IUCN data as species of least concern, it will not come under the purview of Indian Wildlife Act. But one has to check the respective wild life rules of concerned states to assure whether it is reffered or not.

 

So the existing law is not a hurdle to you for rearing a corn snake as pet. But make sure that it is a corn snake and not any other species in the schedule.

 

1 Like

Samad Kidwai (Student)     31 October 2009

There according to DFO only - Common crow , Fruit bats, Mice and Rats are allowed to be reared as pets ?  As Schedule V ONLY includes the these animals...

Does that make it illegal for a person to have Cows, buffolos, dogs, cats etc as pets ??? that would be VERY strange as a farmers entire economy relies on cattle and I bet millions of people in India have cats and dogs as pets ? surely this isnt illegal .

I really appreciate your help Mr.Feroz and I am sorry to bother you soo much but i really want to convince my father that some snakes as pets arent illegal. Is snake charming illegal as snake charmers use King Cobras which come under the strictestie i.e Schedule I ?

Feroz M Shafeeque (Police Officer)     31 October 2009

I said wild animals listed in Schedule I to IV.

 

See the definition of live stock as given in the Act. They are not listed in any Schedule.

King Cobra is listed in Schedule II. So what the charmers are doing is illegal. From my understanding it is not illegal to rear any species not listed in these schedules as a pet. Feel free to raise any queries.

18A)

"livestock" means farm animals and includes buffaloes, bulls, bullocks, camels, cows,

donkeys, goats, sheep, homes, mules, yaks, pigs, ducks, geese, poultry and their young but does not

include any animal specified in Schedules I to V.

Samad Kidwai (Student)     31 October 2009

Let me get this clear -

1) All animals that are not listed in the Schedule I to IV can be kept as pets . ?

 

2) Wild animal means an animal caught from the wild held captive, no  ?? Then if an animal is born in captivity and is hand-raised by humans then it no longer remains a wild animal and becomes domesticated ?

 

3) This site has false information - https://indianaquariumhobbyist.com/community/modules.php?name=News&file=article&sid=113 ??

 

4) All snake-charmers are criminals ? then why are there so many still publically doing shows ?

 

5) Can a schedule animal be kept as pet after getting permission?

 

sorry for asking soo many questions but i really wanted to find out if i'm on the right side of the law .

thanks

Samad

Feroz M Shafeeque (Police Officer)     02 November 2009

1)Theoretically true, and subject to state laws relating to wild life. Also wild life listed by IUCN in red data book as endangered species but not listed in any schedule of our Act also can be considered with violations.

2)See the definition of Wild animal as given in the Act.  I think it clears the doubt.

"captive animal" means any animal, specified in Schedule 1, Schedule II, Schedule III or Schedule IV, which is captured or kept or bred in captivity;

"wild animal" means any animal found wild in nature and includes any animal specified in Schedule I, Schedule II, Schedule, IV or Schedule V, wherever found;

3) Should clarify with the author of that aritice. He may have some points to justify his arguments. Read the disclaimer put by him at the end of that page.

4)Consideration given by law enforcement agencies so that their livelihood is not affected. Not only snake you can even see bears in street.

5)Permission was given to those who had kept them while the act was implemented. Fresh permits are not allowed as far as I know.

Samad Kidwai (Student)     03 November 2009

Thanks a lot for everything . that pretty much clears it

 

Could you please ask your DFO friend which non-venemous snakes can be kept as pets in UP.

thanks for all your help

C.N. Rahul (shift engineer)     12 November 2009

can  you tell me if any one kills a snake  it is crime as per wild life act?

Feroz M Shafeeque (Police Officer)     12 November 2009

Sec 11(2) The killing or wounding in good faith of any wild animal in defence of oneself or of any


other person shall not be an offence;


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