A tribunal hunter, A enters into a national park and uses a bow and arrow to shoot and kill a leopard. A then skins the leopard and sells the skin to B, another tribal hunter. A goes to the city and sells the skin to C, who is an avid collector of rare animal skins. In light of these facts, which of the following statements most accurately applies the principle below?

All India Bar Examination (AIBE) 3-III Previous Year Question Papers with Answers

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100.

A tribunal hunter, A enters into a national park and uses a bow and arrow to shoot and kill a leopard. A then skins the leopard and sells the skin to B, another tribal hunter. A goes to the city and sells the skin to C, who is an avid collector of rare animal skins. In light of these facts, which of the following statements most accurately applies the principle below?

Principle :

Section 9 of the Wildlife (Protection) Act, 1972 prohibits the hunting of wild animals specified in its Schedules. Section 40 prohibits the possession of wildlife or derivatives, as specified in the Schedules, without valid authorization. Section 49 prohibits trade and commerce in wildlife or derivatives listed in the Schedules.

A: A, B and C are all likely to have violated the law for the hunting of a scheduled species, for trade in derivatives of a scheduled species, and for possession of derivatives of a scheduled species, respectively.

B: C is likely to have violated the law for possession of wildlife derivatives. However, both A and B are likely to be exempt from the law since they are members of a tribe that depends on the forest for their livelihood.

C: A is likely to be have violated the law since hunting of scheduled species is prohibited. However both B and C are likely to be exempt from the law since they were only dealing with the skin, and were not directly or indirectly involved with the killing of the leopard.

D: Both A and B are likely to have violated the law for having hunted a scheduled species, and for trading a derivative of a scheduled species, respectively. However, C is likely to be exempt from the law since C is only involved with collection of rare skins.

E: Both A and C are likely to have violated the law for having hunted a scheduled species and for being in possession of derivative of a a scheduled species. However, B is likely to be exempt from the law since B was neither involved with hunting the species nor was he found in possession of the derivative, and was merely acting within the scope of his fundamental right to carry out any trade.

The answer is: A

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Explanation

Option A: A, B and C are all likely to have violated the law for the hunting of a scheduled species, for trade in derivatives of a scheduled species, and for possession of derivatives of a scheduled species, respectively.

Explanation:

According to the principle, Section 9 of the Wildlife (Protection) Act, 1972 prohibits the hunting of wild animals specified in its Schedules. Section 40 prohibits the possession of wildlife or derivatives, as specified in the Schedules, without valid authorization. Section 49 prohibits trade and commerce in wildlife or derivatives listed in the Schedules. In this case, A has hunted a leopard, which is a scheduled species under the Act. B has traded the skin of the leopard, which is a derivative of a scheduled species. C has possessed the skin of the leopard, which is also a derivative of a scheduled species. Therefore, all three have violated the law as per the principle. The other options do not accurately reflect the powers and actions of the State Board as per the given principle.