Under the Wild Life (Protection) Act, 1972, may a wildlife species such as deer be kept confined in an enclosure that does not possess the requisite carrying capacity to sustain the population?

No. Deer, being a wildlife species, ought not to be confined to cages or restrictive enclosures save in exceptional and compelling circumstances duly justified in law and on ecological considerations. Where an independent expert body has categorically observed that the park does not possess the requisite carrying capacity, and the local authorities lack the requisite financial resources as well as infrastructural capacity, the continuance of the existing arrangement does not commend acceptance.

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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