Wildlife As Property
- IJLLR Journal
- Dec 16, 2025
- 1 min read
Anannya Jain, Jindal Global Law School, O.P. Jindal Global University
1. Introduction
Is it possible to own wildlife like elephants, tigers, and lions in India? Section 39 of the Wild Life (Protection) Act, 1972 (WLPA) says no. Stating that all wild animals once captured, killed, or possessed become the property of the State Government. It is an offense under this provision for anyone to acquire, keep, or transfer such government property without permission. Thus, wildlife is treated as res publica, thing belonging to the State, not open for commercial trade or private ownership. Yet, Vantara, a privately owned wildlife shelter developed by Anant Ambani and Reliance Industries, houses over 2000 animals of 43 species. Raising an important question of whether wildlife can be considered property under Indian law and how do private initiatives like Vantara conform to laws while housing wildlife? The answer lies in examining the relevant provisions of the WLPA, and to a limited extent, the Transfer of Property Act, 1882 (TPA).
2. The Legal Framework
2.1. Constitution
The foundation of the legal principles governing the wildlife in India is established in the Constitution. Article 48A directs the State to safeguard the forests and wildlife of the country. While Article 51A states that it is the fundamental duty of the citizens to protect the wildlife. In the Asiatic Lion case, the Supreme Court affirmed that the obligation of species conservation also flows from Article 21, right to life, and the public trust doctrine.
