Is the translocation of deer confined to a controlled habitat for a considerable period valid where it is carried out by abrupt relocation without habitat acclimatisation?

No. Such an exercise is unduly harsh and not in consonance with established principles governing wildlife translocation: deer having no exposure to open forest ecosystems find abrupt relocation unsuitable and potentially detrimental to their survival and well-being. A carefully structured and scientifically informed mechanism, with due regard to habitat acclimatisation, animal welfare and ecological sustainability, is necessary, and future translocations must follow soft-release protocols rather than direct hard release.

Wild Life (Protection) Act, 1972 — s.38H(6) — Central Zoo Authority — Cancellation of recognition as “mini zoo” — Carrying capacity — Translocation of captive spotted deer — Central Empowered Committee — Protected forest — Wild Life (Protection) Act, 1972 — s.38H(6) — Retention of captive deer after recognition cancelled — Held: Once recognition of a facility as a “mini zoo” stands cancelled under Section 38H(6), continued retention of the deer there is impermissible in law, there being no duly recognised statutory authority to ensure their proper management. (¶5) Wild Life (Protection) Act, 1972 — Confinement of wildlife — enclosure lacking carrying capacity — Held further: Deer, being a wildlife species, ought not to be confined to cages or restrictive enclosures save in exceptional and compelling circumstances. Where the park does not possess the requisite carrying capacity, continuance of the existing arrangement does not commend acceptance. (¶9) Wild Life (Protection) Act, 1972 — Translocation — soft release and habitat acclimatisation — Held further: Abrupt relocation of deer confined to a controlled habitat is unduly harsh and not in consonance with established principles; translocation demands a scientifically informed mechanism with due regard to habitat acclimatisation and animal welfare. (¶7) Wild Life (Protection) Act, 1972 — Protected forest — statutory status for translocation guidelines — Held further: The nature or status of an area declared a protected forest shall not be altered, and the guidelines framed for future wildlife translocations shall be imparted statutory status. Special leave petitions closed. (¶11, 12)

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