On the Wildlife Protection (Kerala Amendment) Bill, 2025
The Wildlife Protection (Kerala Amendment) Bill, 2025 is a landmark legislative initiative by Kerala to address the growing issue of human-animal conflicts in the state, especially involving wild boars and other species near forest settlements.
Origins and Rationale
Kerala has experienced rising man-animal conflicts in recent years, leading to public outcry, crop damage, and fatalities, most notably in buffer zones where human settlements have expanded into wildlife habitats. Repeated requests by the State for the Union government to declare certain species as ‘vermin’ (which allows limited culling) were not acted upon swiftly, prompting Kerala to pursue its own amendments to the central Wildlife Protection Act, 1972.
- WPA 1972: The central act was created to curb the decline of wildlife. After the 2022 amendment, it contains four schedules, with Schedule 1 providing the highest protection.
- Section 62: This section empowers the Central Government to declare an animal as vermin if its numbers have increased excessively, or if it is causing significant damage to humans or crops (e.g., wild boars, rats).
- Declaring an animal vermin allows citizens to kill it without penalty.
Kerala’s Problem: The population of wild boars has significantly increased in Kerala, destroying crops, invading human settlements, and causing injuries.
- The Kerala Amendment Bill 2025: The Kerala Government repeatedly requested the Central Government to declare the wild boar as vermin but was ignored.
- Arguing that ‘Wild Life’ is on the Concurrent List, Kerala introduced its own legislation.
- Kerala argues that the state knows the ground realities and needs the decision-making power to act locally.
Federal Dynamics and Governance
The Bill seeks to transfer decision-making on two major issues from the Union to the State:
- The power to declare a Schedule II animal as ‘vermin’, thus temporarily removing its protections.
- Authority for the Chief Wildlife Warden to immediately act—by killing, tranquilizing, capturing, or relocating dangerous animals—in cases of severe injury or risk to humans.
- Under the Indian Constitution, wildlife is a subject on the Concurrent List, requiring Presidential assent when a State law conflicts with a Central law (such as the Wildlife Protection Act, 1972).
Contextual Legislative History
The Bill refers to changes post the 42nd Constitutional Amendment, which shifted wildlife protection to the Concurrent List, empowering states to legislate on the subject. Kerala’s initiative marks the first time a state has attempted to amend the central law in this domain, aiming for rapid responses to local concerns but also confronting constitutional and ecological challenges.
Key Provisions and Objectives
- The Bill empowers the Chief Wildlife Warden to authorize immediate action—including killing, tranquilizing, capturing, or translocating wild animals—particularly when such animals attack or severely injure humans or stray into public places or residential areas.
- It authorizes population control of wild animals by non-lethal means, such as birth control or relocation, if their numbers pose risks to human life or property.
- The Bill permits the State Government to declare Schedule II animals (those with a high degree of protection, such as certain snakes, civets, mongooses) as 'vermin' for specified areas and periods. This can temporarily remove their protections to allow for targeted interventions like culling.
- The Bill was passed by the Kerala Assembly on October 8, 2025, and awaits Presidential assent due to the Concurrent List status of wildlife governance. State laws repugnant to Central Acts require this approval to become enforceable.
Federal and Legal Implications
- Wildlife is governed by both the Union and State under the Concurrent List (List III, Schedule VII of the Constitution). The central Wildlife Protection Act, 1972 remains the benchmark for conservation, with states requiring Presidential nod for amendments that conflict with federal legislation.
- Kerala’s amendment reflects dissatisfaction with the Central Government's slow or opaque response regarding the declaration of vermin. The Bill is a significant assertion of state authority, raising questions about federal harmony and the adequacy of national conservation safeguards when devolved locally.
Critiques and Concerns
- Environmentalists warn that the Bill could encourage indiscriminate killing and weaken long-term conservation goals, risking ecological integrity for short-term administrative convenience.
- There are calls for eco-friendly alternatives—like solar fencing, alert systems, and sustainable farming—to manage conflicts without resorting to lethal measures.
- Some question whether State-level devolution undermines international commitments and baseline protections, urging transparency, scientific standards, and incentives for coexistence.
Context and Urgency
The legislation arises as a direct response to mounting tensions at the forest-human interface in Kerala, where wild boar raids and elephant encounters increasingly threaten crops, property, and lives.
The Bill aims to provide faster administrative remedies and greater local control, balancing community safety and wildlife conservation.
In summary, the Wildlife Protection (Kerala Amendment) Bill, 2025 marks a pivotal moment in federal environmental law, showing Kerala’s efforts to adapt wildlife governance to local crises while raising important questions about conservation ethics and the distribution of powers in Indian federalism.
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