wildlife protection act 1972 essay

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Wildlife Protection Act 1972

Wildlife Protection Act, 1972 - UPSC Notes

The Indian Parliament enacted the Wildlife (Protection) Act in 1972, which provides for the safeguarding and protection of the wildlife (flora and fauna) in the country. This is important legislation and forms an integral part of the environment and ecology sections of the UPSC syllabus .

Wildlife Protection Act, 1972 – Indian Polity Download PDF Here

Wildlife Protection Act, 1972

This Act provides for the protection of the country’s wild animals, birds, and plant species, in order to ensure environmental and ecological security. Among other things, the Act lays down restrictions on hunting many animal species. The Act was last amended in the year 2006. An Amendment bill was introduced in the Rajya Sabha in 2013 and referred to a Standing Committee, but it was withdrawn in 2015.

Constitutional Provisions for the Wildlife Act

Article 48A of the Constitution of India directs the State to protect and improve the environment and safeguard wildlife and forests. This article was added to the Constitution by the 42nd Amendment in 1976.

Article 51A imposes certain fundamental duties for the people of India. One of them is to protect and improve the natural environment including forests, lakes, rivers, and wildlife and to have compassion for living creatures.

History of Wildlife Protection Legislation in India

The first such law was passed by the British Indian Government in 1887 called the Wild Birds Protection Act, 1887. The law sought to prohibit the possession and sale of specified wild birds that were either killed or captured during a breeding session.
A second law was enacted in 1912 called the Wild Birds and Animals Protection Act. This was amended in 1935 when the Wild Birds and Animals Protection (Amendment) Act 1935 was passed.
During the British Raj, wildlife protection was not accorded a priority. It was only in 1960 that the issue of protection of wildlife and the prevention of certain species from becoming extinct came into the fore.

Need for the Wildlife Protection Act

Wildlife is a part of ‘forests’ and this was a state subject until the Parliament passed this law in 1972. Now it is on the Concurrent List. Reasons for a nationwide law in the domain of the environment particularly wildlife include the following:

India is a treasure trove of varied flora and fauna. Many species were seeing a rapid decline in numbers. For instance, it was mentioned by Edward Pritchard Gee (A naturalist), that at the turn of the 20th century, India was home to close to 40000 tigers. But, a census in 1972 showed this number drastically reduced to about 1827.
A drastic decrease in the flora and fauna can cause ecological imbalance, which affects many aspects of climate and the ecosystem.
The most recent Act passed during the British era in this regard was the Wild Birds and Animals Protection, 1935. This needed to be upgraded as the punishments awarded to poachers and traders of wildlife products were disproportionate to the huge financial benefits that accrue to them.
There were only five national parks in India before the enactment of this Act.

Salient Features of Wildlife Protection Act

This Act provides for the protection of a listed species of animals, birds, and plants, and also for the establishment of a network of ecologically-important protected areas in the country.

The Act provides for the formation of wildlife advisory boards, wildlife wardens, specifies their powers and duties, etc.
CITES is a multilateral treaty with the objective of protecting endangered animals and plants.
It is also known as the Washington Convention and was adopted as a result of a meeting of IUCN members.
For the first time, a comprehensive list of the endangered wildlife of the country was prepared.
The Act prohibited the hunting of endangered species .
Scheduled animals are prohibited from being traded as per the Act’s provisions.
The Act provides for licenses for the sale, transfer, and possession of some wildlife species.
It provides for the establishment of wildlife sanctuaries, national parks, etc.
Its provisions paved the way for the formation of the Central Zoo Authority . This is the central body responsible for the oversight of zoos in India. It was established in 1992.
Schedule I and Schedule II (Part II) get absolute protection, and offences under these schedules attract the maximum penalties.
The schedules also include species that may be hunted.
This is an advisory board that offers advice to the central government on issues of wildlife conservation in India.
It is also the apex body to review and approve all matters related to wildlife, projects of national parks, sanctuaries, etc.
The chief function of the Board is to promote the conservation and development of wildlife and forests.
It is chaired by the Prime Minister.
It is a statutory body of the Ministry of Environment, Forest and Climate Change with an overall supervisory and coordination part, performing capacities as given in the Act.
Its mandate is to strengthen tiger conservation in India .
It gives statutory authority to Project Tiger which was launched in 1973 and has put the endangered tiger on a guaranteed path of revival by protecting it from extinction.

Protected Areas under the Wildlife Protection Act

There are five types of protected areas as provided under the Act. They are described below.

1. Sanctuaries: “Sanctuary is a place of refuge where injured, abandoned, and abused wildlife is allowed to live in peace in their natural environment without any human intervention.”

They are naturally occurring areas where endangered species are protected from poaching, hunting, and predation.
Here, animals are not bred for commercial exploitation.
The species are protected from any sort of disturbance.
Animals are not allowed to be captured or killed inside the sanctuaries.
A wildlife sanctuary is declared by the State government by a Notification. Boundaries can be altered by a Resolution of the State Legislature.
Human activities such as timber harvesting, collecting minor forest products, and private ownership rights are permitted as long as they do not interfere with the animals’ well-being. Limited human activity is permitted.
They are open to the general public. But people are not allowed unescorted. There are restrictions as to who can enter and/or reside within the limits of the sanctuary. Only public servants (and his/her family), persons who own immovable property inside, etc. are allowed. People using the highways which pass through sanctuaries are also allowed inside.
Boundaries of sanctuaries are not generally fixed and defined.
Biologists and researchers are permitted inside so that they can study the area and its inhabitants.
The Chief Wildlife Warden (who is the authority to control, manage and maintain all sanctuaries) may grant permission to persons for entry or residence in the sanctuary for the study of wildlife, scientific research, photography, the transaction of any lawful business with persons residing inside, and tourism.
Sanctuaries can be upgraded to the status of a ‘National Park’.
Examples: Indian Wild Ass Sanctuary (Rann of Kutch, Gujarat); Vedanthangal Bird Sanctuary in Tamil Nadu (oldest bird sanctuary in India); Dandeli Wildlife Sanctuary (Karnataka).

2. National Parks: “National Parks are the areas that are set by the government to conserve the natural environment.”

A national park has more restrictions as compared to a wildlife sanctuary.
National parks can be declared by the State government by Notification. No alteration of the boundaries of a national park shall be made except on a resolution passed by the State Legislature.
The main objective of a national park is to protect the natural environment of the area and biodiversity conservation.
The landscape, fauna, and flora are present in their natural state in national parks.
Their boundaries are fixed and defined.
Here, no human activity is allowed.
Grazing of livestock and private tenurial rights are not permitted here.
Species mentioned in the Schedules of the Wildlife Act are not allowed to be hunted or captured.
No person shall destroy, remove, or exploit any wildlife from a National Park or destroy or damage the habitat of any wild animal or deprive any wild animal of its habitat within a national park.
They cannot be downgraded to the status of a ‘sanctuary’.
Examples: Bandipur National Park in Karnataka; Hemis National Park in Jammu & Kashmir; Kaziranga National Park in Assam. See more on the List of National Parks in India .

3. Conservation Reserves: The State government may declare an area (particularly those adjacent to sanctuaries or parks) as a conservation reserve after consulting with local communities.

4. Community Reserves: The State government may declare any private or community land as a community reserve after consultation with the local community or an individual who has volunteered to conserve the wildlife.

5. Tiger Reserves: These areas are reserved for the protection and conservation of tigers in India. They are declared on the recommendations of the National Tiger Conservation Authority.

The amended Wildlife Act doesn’t allow any commercial exploitation of forest produce in both wildlife sanctuaries and national parks, and local communities are allowed to collect forest produce only for their bona fide requirements.

Schedules of the Wildlife Protection Act

There are six schedules provided in the Wildlife Protection Act. They are discussed in the table below.

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UPSC Questions related to Wildlife Protection Act, 1972

How many schedules are there in the wildlife protection act 1972.

There are six schedules under the Act.

In which state Wildlife Protection Act is not applicable?

The Act is applicable throughout India.

What steps have been taken by the government to conserve wildlife?

The government enacted the Wildlife (Protection) Act in 1972 which laid down a comprehensive set of rules and regulations with respect to the protection of wildlife in India. It laid down the provisions for the setting up of national parks, wildlife sanctuaries, etc. Project Tiger is being implemented which has caused the dwindling tiger population to increase. The country saw a 30% rise in the tiger population from 2010 to 2014.

What are the major threats to wildlife?

Some of the major threats to wildlife are: Habitat destruction/degradation/fragmentation Overexploitation of habitat resources Hunting Poaching Climate change Pollution

How does the extinction of species affect the environment?

Every living thing on this planet has a role to play in the ecosystem and the food chain. The extinction of any one species will have an impact on forests, cause loss of food for certain species, affect the way diseases travel in the animal world, etc.

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Environment and Ecology

Wildlife Protection Act, 1972 (WPA, 1972)

The Wildlife Protection Act, 1972 (WPA, 1972) is one of India’s most significant environmental legislation. Aimed at conserving the country’s rich and diverse wildlife, the Act marked a crucial turning point in the country’s approach to wildlife conservation. This article aims to study in detail the Wildlife Protection Act, 1972 (WPA, 1972), its key provisions, implementation, challenges faced, and amendments made.

About Wildlife Protection Act, 1972 (WPA, 1972)

The Wildlife Protection Act, 1972 (WPA, 1972) is an environmental legislation enacted by the Government of India to protect the country’s wildlife and their habitats.
It provides a legal framework for the conservation of various species of flora and fauna and regulates activities that could harm them.

Objectives of Wildlife Protection Act, 1972 (WPA, 1972)

The primary objectives of the Wildlife Protection Act, 1972 include the following:

To ensure the protection of endangered species,
To regulate the hunting of wildlife,
To control the trade of wildlife products, and
To establish protected areas like national parks, wildlife sanctuaries, and reserves.

Key Provisions of Wildlife Protection Act, 1972 (WPA, 1972)

The Wildlife Protection Act, 1972 (WPA 1972) contains a range of provisions to ensure comprehensive protection of wildlife and their habitats in the country.
Major provisions of the Act are explained in detail in the sections that follow.

Definition of Wildlife

The Wildlife Protection Act, 1972 (WPA 1972) defines wildlife.
As per the Act’s definition, wildlife includes any animal, bees, butterflies, crustaceans, fish and moths; and land or aquatic vegetation that forms part of any habitat.

Establishment of Wildlife Advisory Board

The Wildlife Advisory Board is mainly constituted to advise the state Government in the following matters:

Selection of areas to be declared as Wildlife Sanctuaries, National Parks and Closed areas and their administration.
In the formulation of the policy for the protection and conservation of wildlife and specified plants.
In any matter relating to the amendment of any schedule, so as to maintain a harmonious interface between tribes and other dwellers of the forests with the protection and conservation of wildlife.

Schedules of Wildlife Protection Act

The Wildlife Protection Act, 1972 has Six Schedules .

Schedule I and II of WPA

Schedule I and II of the Wildlife Protection Act, 1971 (WPA, 1972) covers animals which are endangered species, giving them absolute protection.
Offence committed in relation to any animal specified in Scheduled I or Part II of Schedule II, shall be punishable with imprisonment for a term not be less than one year which may extend upto six years, and also with fine not be less than five thousand rupees.

Schedule III and IV of WPA

Schedule III and IV of the Wildlife Protection Act, 1972 (WPA, 1972) also have roughly the same provisions as Schedule I and II, but cover animals that are not in danger of becoming extinct.
The penalties under this section are also less than that in Schedule I and II.

Schedule V of WPA

Schedule V of WPA 1972 specifies those animals that can be hunted like ducks and deer’s. Though, for this one has to apply for a license.

Schedule VI of WPA

Schedule VI of the Wildlife Protection Act, 1972 (WPA, 1972) concerns cultivation and plant life and gives teeth to setting up more protected animal parks.

WPA Provisions Regarding Hunting of Animals

He decides whether an animal has become dangerous to human life or property or disabled or diseased as to be beyond recovery.
Without a license from the Chief Wildlife Warden, it is illegal to hunt any wild animals except Vermin.
The Chief Wildlife Warden may grant a special permit to hunt a wildlife animal for the purpose of education, scientific research, management and collection of specimens for Zoological gardens, museums etc.

WPA Provisions Regarding Wildlife Sanctuary

State Government may, by notification, declare its intention to constitute any area other than the area comprised of any reserve forest or the territorial waters as a sanctuary if it considers that such area is of adequate ecological, faunal, floral, geomorphological, zoological or natural significance.

WPA Provisions Regarding National Park

The State Government can declare a National park.
Once a National Park is declared, no alteration of the boundaries shall be made except on the resolution passed by the legislature of the state.
Destroying, exploring or removing any wildlife.
Destroying, and damaging the habitat of any wild animal.
Deprive any wild animal of its habitat.
Grazing of any livestock.

Establishment of Central Zoo Authority

The Central Government shall constitute the Central Zoo Authority, who shall hold office for a period of three years.

Other Provisions of WPA

For Example: Eghorn, feather, nail, tooth, musk, eggs, and nests.
Every wild animal or a trophy other than vermin, which is hunted or kept or bred in captivity or found dead or killed by mistake, shall be the property of the State Government.
If any of the above is found in the sanctuary or a National Park declared by the Central Government, it shall be the property of the Central Government.

Effectiveness of Wildlife Protection Act, 1972

The Act is the primary legislation for the conservation of wildlife in India.
Under the act, so far, over 650 Protected Areas (PAs) , including Wildlife Sanctuaries and National Parks, have been notified across India.

Issues with Wildlife Protection Act, 1972

Coupled with the poor enforcement of legislation and perceived corruption of official machinery, the wildlife trade in India continues to flourish unabated.
There is a mismatch between the Act and the Convention of International Trade in Endangered Species of Wild Fauna and Flora (CITES).
Many of the species whose trade is banned in the International market, the WPA does not impose punitive measures for trade in these species domestically.
India has about 2.9% of IUCN-designated threatened species, but the WPA does not grant any special status to species that fall within the IUCN lists.
Many indigenous species have not been documented due to the lack of scientific data, such as the Himalayan Black Bear.
Migratory species are another concern since some of these species are not protected by the Wildlife Protection Act, although they migrate to India for considerable periods of time.
Some provisions of the Act seem to exacerbate the Human-Wildlife Conflict.

Wildlife (Protection) Amendment Act, 2021

The key amendments made by the Wildlife (Protection) Amendment Act, 2021 can be seen as follows:

CITES: The Act aims to implement the Convention on International Trade in Endangered Species of Wild Fauna and Flora along with expanding the number of species protected by the convention.
It also inserts a new schedule for specimens listed under CITES.

Structure of New Scheduled

Schedule I: Highest-level protected species of animals.
Schedule II: Animal species with a lesser level of protection.
Schedule III: Protected plant species.
Schedule IV: Species listed under CITES.
Anyone who trades in a scheduled specimen must inform the appropriate authority of the specifics of the transaction.
It gives the government the authority to regulate or prohibit the import, trade, and possession of invasive alien species or those that are not native to India.
Under the 1972 act, the general fine was up to ₹25,000 which has been increased to ₹100,000.
For violating the provisions related to specially protected animals, the previous fine was up to ₹10,000, which has now been increased to at least ₹25,000.
The Act entrusts the Chief Wildlife Warden to control, manage and maintain all wildlife sanctuaries within a state.
The act stipulates that the actions of the Chief Warden must be in accordance with the management plans for the sanctuary.
The management plan for sanctuaries falling under special areas must be prepared after due consultation with the concerned Gram Sabha.
The items will become the property of the state government.
The Wildlife Protection Act 1972 (WPA 1972) specifically prohibits trade in Wild Animals, including captive and wild elephants.
The Amendment Act carves out an exception by excluding Live Elephant from the general prohibition contained in Section 43.
Thus, the Amendment Act allows for commercial trade in elephants.

Significance of Wildlife (Protection) Amendment Act, 2021

The Act regulates the protection of wild animals, birds and plants by rationalising schedules in a better way.
It increases the species protected under the law.
It also seeks to implement the provisions of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) in a better way.
The amendment’s provision to foster the participation of forest dwellers within national parks in deciding the management plan is a progressive step.
It will enable control over invasive alien species.
It has mandated the consultation with the Gram Sabha in protected areas falling under scheduled areas or areas recognised to possess forest rights based on claims under the Forest Rights Act, 2006.

Way Forward

It is imperative that future legislation on the subject are mindful of the regional ecological requirements and are aligned with international standards.
The definition of invasive alien species should be expanded to include invasive native species.
An expert advisory committee may be constituted to assist the Central government in identifying and prioritisation invasive alien species such that targeted strategies can be developed for managing them.
Adopting the correct definition is the most fundamental and crucial step to propel the conversation on the subject in the right direction.

The Wildlife Protection Act, 1972 (WPA 1972) is a cornerstone of India’s conservation efforts. By addressing its challenges and building upon its successes, India can continue to protect its invaluable natural heritage for future generations.

Frequently Asked Questions (FAQs)

When was the wildlife protection act implemented.

The Wildlife (Protection) Act (WLPA) of 1972 was passed on August 21, 1972 and implemented on September 9, 1972 .

What are the objectives of Wildlife Protection Act 1972?

Major objectives of Wildlife Protection Act 1972 include – conservation of wild animals, protection of their habitats, regulation of trade in wildlife, creation of protected areas, etc.

How many Schedules are there in the Wildlife Protection Act 1972?

The Wildlife Protection Act, 1972 has Six Schedules , which categorize different species of wild animals and plants based on their level of protection and conservation status.

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Wildlife (Protection) Act, 1972 – UPSC Environment Notes

The Wildlife (Protection) Act, 1972, is a legislative measure enacted by the Indian Parliament to safeguard plant and animal species.
This Act serves as the regulatory framework for wildlife conservation and protection in India, and it emerged during a period of rapid development in environmental law within the country.
The enactment of the Wildlife (Protection) Act, 1972 was driven by the recognition that earlier legislations, including the Wild Birds and Animals Protection Act of 1912, were inadequate to address the evolving needs of wildlife conservation.

Table of Contents

KEY FEATURES

The Wildlife Protection Act of 1972 stems from a lengthy process initiated in 1887 with the protection of wild birds, expanding to cover wild animals in 1912 and specific plants in 1919.
It ultimately encompasses nearly all wildlife resources requiring protection and management.
Wildlife, initially under state jurisdiction, became a Concurrent List item after Parliament’s approval in 1972, marking it as a crucial component of ‘forests.’
The Act evaluates the risk of survival for wildlife (fauna) listed in Schedules I through V, with animals in these schedules receiving complete protection from hunting, and their trade strictly regulated.
The Wildlife (Protection) Amendment Act of 1991 added specified plant species to Schedule VI.
The Indian Board of Wildlife appoints an expert committee to consider necessary amendments.
The 1991 amendment significantly curtailed the powers of state governments, prohibiting them from declaring any wild animal a vermin.
Additionally, livestock immunization is mandatory within a 5-kilometer radius of a National Park or sanctuary.

SIGNIFICANCE

The Act’s significance lies in its establishment of wildlife advisory boards and wildlife wardens, defining their authorities and tasks.
It played a pivotal role in India’s accession to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), a multinational pact for conserving endangered animals and plants.
The Act facilitated the compilation of the country’s first comprehensive inventory of endangered animals.
It criminalized hunting endangered species and the trade of scheduled animals.
The Act authorizes the sale, transfer, and ownership of certain animal species through licensing and laid the foundation for the Central Zoo Authority, overseeing zoo monitoring in India since 1992.

VARIOUS BODIES UNDER WPA 1972

National Board for Wildlife (NBWL) : Established by the government of India, the NBWL acts as the governing authority for wildlife-related issues, chaired by the Prime Minister. Its role is consultative, advising the government on wildlife conservation policies.
State Board for Wildlife (SBWL) : Constituted by state governments, the SBWL advises on site selection, preservation policy, and any alterations to Schedules, chaired by the state/Chief UT’s Minister.
Central Zoo Authority: Formed with ten members, including the Environment Minister as chairperson, the authority grants zoo recognition and regulates them nationally and internationally.
National Tiger Conservation Authority (NTCA) : Established in 2005, it recommends Tiger Reserves, and around 50 wildlife sanctuaries in India are designated as Tiger Reserves under the Act.
Wildlife Crime Control Bureau (WCCB) : Established to combat organized wildlife crime, the WCCB collects and analyzes intelligence, creates a wildlife crime data bank, aids state governments in prosecutions, and advises the Government of India on wildlife crimes.

PROTECTED AREAS UNDER WPA 1972

The Wildlife Protection Act of 1972 categorizes protected areas into five classifications:

SANCTUARIES:

Purpose: Provide a safe haven for injured, abandoned, and abused wildlife in their natural habitat without human interference.
Natural zones safeguarding endangered animals from poaching, hunting, and predation.
No breeding of animals for commercial purposes.
Animals are protected from any interference, capture, or killing within sanctuaries.
Declaration: State government issues a Notification; boundaries can be altered by a Resolution of the State Legislature.
Human activities like wood harvesting are authorized if they don’t jeopardize animal well-being.
Examples: Indian Wild Ass Sanctuary, Vedanthangal Bird Sanctuary, Dandeli Wildlife Sanctuary.

NATIONAL PARKS:

Purpose: Preserve the natural environment with a focus on maintaining the natural ecosystem and conserving biodiversity.
More restricted than wildlife refuges.
Declaration: State government issues a Notification; borders can only be altered with State Legislature approval.
Strict prohibition on human activities within national parks.
Grazing and private tenurial rights are not permitted.
Hunting or taking of species listed in the Wildlife Act’s Schedules is prohibited.
Examples: Bandipur National Park, Hemis National Park, Kaziranga National Park.

CONSERVATION RESERVES:

Proclamation: State government can declare an area, especially those adjacent to sanctuaries or parks, after engaging with local people.

COMMUNITY RESERVES:

Establishment: State government may establish any private or communal land as a community reserve after consulting with the local community or an individual volunteering for wildlife protection.

TIGER RESERVES:

Designation: Reserved for the preservation and conservation of tigers, declared based on recommendations from the National Tiger Conservation Authority (NTCA).
In India, 53 tiger reserves are regulated by Project Tiger, administered by the NTCA.
Examples: Nagarjunsagar Srisailam, Namdapha National Park, Kamlang Tiger Reserve, Pakke Tiger Reserve.

SCHEDULES OF WPA 1972

The Act comprises six schedules, each serving a specific purpose:

Deals with endangered species, providing the highest penalties for violations.
Species listed have absolute protection; hunting and trading are illegal.
Examples: Tiger, blackbuck, Himalayan Brown Bear, Cheetah.
Provides special protection to listed animals, prohibiting their business and hunting unless there is a threat to human life.
Examples: Assamese Macaque, Bengal Hanuman langur, Indian Fox.
Lists species that are not endangered, with less severe punishments for infringements compared to Schedules I and II.
Examples: Hyena, flying fox, Malabar tree toad.
Includes animals that can be hunted with specific examples like mice, rats, common crows.
Comprises plants that are not allowed to be cultivated, including examples like the pitcher plant, blue vanda, red vanda.

FAQs – Wildlife Protection Act 1972

1. what is the wildlife protection act, 1972.

A: The Wildlife Protection Act, 1972, is a legislative measure enacted by the Indian Parliament to safeguard plant and animal species. It serves as the regulatory framework for wildlife conservation and protection in India.

2. Why was the Wildlife Protection Act, 1972, enacted?

A: The Act emerged during a period of rapid development in environmental law in India, recognizing that earlier legislations, including the Wild Birds and Animals Protection Act of 1912, were insufficient for evolving wildlife conservation needs.

3. What are the key features of the Wildlife Protection Act, 1972?

Enacted in 1972, it stems from a process initiated in 1887, eventually covering nearly all wildlife resources.
Initially under state jurisdiction, it became a Concurrent List item in 1972, marking wildlife as a crucial component of ‘forests.’
Evaluates the risk of survival for wildlife listed in Schedules I through V, offering complete protection from hunting, with strict regulation of trade.

4. How did the 1991 Amendment impact the Wildlife Protection Act?

A: The Wildlife (Protection) Amendment Act of 1991 added specified plant species to Schedule VI. It curtailed the powers of state governments and mandated livestock immunization around National Parks or sanctuaries.

5. Why is the Wildlife Protection Act considered significant?

A: The Act established wildlife advisory boards, wildlife wardens, and aided India’s accession to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), playing a pivotal role in conserving endangered animals and plants.

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25 Wild Life Protection Act (WLPA) 1972

Ashutosh Jaiswal

Structure

1.1 Introduction

1.2 Wild Life Protection Act (WLPA) 1972

1.3 Necessity of Wildlife Protection Act

1.4 Salient Features of WLPA, 1972

1.5 Key Points of the WLPA 1972

1.6 Amendment in WLPA 1972

1.7 Drawbacks and Criticism of the WLPA

Objectives:

To understand the impression of different environmental laws
To confer familiar understanding about Wild Life Protection Act (WLPA) 1972 and its necessity
To discuss salient features of WLPA, 1972
To comprehend Amendment in WLPA 1972
To examine drawbacks and criticism of the WLPA

India is the first country in the world to have made provisions for the protection and conservation of environment in its constitution. On 5th June 1972, environment was first discussed as an item of international agenda in the U.N. Conference of Human Environment in Stockholm and thereafter 5th June is celebrated all over the world as World Environment Day. Sweden was the first country to suggest United Nations Economic and Social Council (ECOSOC) the idea of having a UN conference to focus on human interactions with the environment.General Assembly Resolution 2398 in 1969 decided to convene a conference in 1972 and mandated a set of reports from the UN secretary-general suggesting that the conference focus on “stimulating and providing guidelines for action by national government and international organizations” facing environmental issues. Soon after the Stockholm Conference our country took substantive legislative steps for environmental protection. India is endowed with an immense variety of natural resources in its rich animal and plant heritage. Wildlife is one of our basic and natural resources that satisfies the needs or wants of civilization. Therefore, this resource must be conserved, preserved and protected for the existence of mankind. Now let us see the chronological development of wildlife protection in India in different periods.

Environmental Laws:

The Wildlife (Protection) Act was passed in 1972,
the Water (Prevention and Control of Pollution) Act in 1974,
the Forest (Conservation) Act in 1980,
Air (Prevention and Control of Pollution) Act in 1981
the Environment (Protection) Act in 1986.

The Post-independence era witnessed a lot of changes in the policies and attitudes of the Governments with respect to environmental protection. There were many enactments to protect the Forest, Environment, Water, Air and Bio-Diversity. All these Acts are directly or indirectly give provisions to the protection of the wildlife. But let us specifically emphasis on Wildlife protection, since our topic of discussion is wildlife protection.The Indian Constitution gives ample provisions to protect the wildlife in its territory. Though there are many implied provisions on wildlife protection in the constitution like Article-21, Union, State and Concurrent list, the main Articles which specifically protects the wildlife are Article-48(A) and Article-51(A)-(g). Article-48(A) says that the state shall endeavour to protect and improve the environment and to safeguard the forest and wildlife of the country. Art. 51A (g) imposes fundamental duty on the every citizen of India to protect and improve the environment and have compassion for living creatures.

“The wildlife protection act is an act of the parliament to protect plant and animal species that are in danger due to natural or anthropogenic causes”.

The Wildlife Protection Act, 1972 is an Act of the parliament of India enacted for protection of plants and animal species which provides:

Captive breeding programme for endangered species like Lion (1972), Tiger (1973), Crocodile (1974) and Brown antlered Deer (1981) were stated under this act.

It extends to the whole of India except the state of Jammu and Kashmir which has its own wildlife act.

Protection to listed species of flora and fauna and establishes a network of ecologically-important protected areas.

Power to the central and state governments to declare any area a wildlife sanctuary, national park or closed area.

Ban on carrying out any industrial activity inside these protected areas.

It provides for authorities to administer and implement the Act, regulate the hunting of wild animals, protect specified plants, sanctuaries, national parks and closed areas, restrict trade or commerce in wild animals or animal articles and miscellaneous matters.

The Act prohibits hunting of animals except with permission of authorized officer when an animal has become dangerous to human life or property or as disabled or diseased as to be beyond recovery.

The Act consists of 60 Sections and VI Schedules divided into Eight Chapters. Out of the six schedules which give varying degree of protection:

i. Schedule I and part II of Schedule II provide absolute protection and offences, under these prescribed the highest penalties.

ii. The penalties for Schedule III and Schedule IV are less and these animals are protected.

iii. Schedule-V includes the animals which may be hunted (common Crows, Fruit Bats, Mice and Rats Only).

iv. Schedule VI contains the plants which are prohibited from cultivation and planting some plants for example are Blue Vanda ( Vanda soerulec ), Kuth ( Saussurealappa ), Pitcher Plant ( Nepenthes Khasiana ) and Red Vanda ( Ranantherainschootiana ).

The Wildlife Protection Act, 1972 instructs that no wild mammal, bird, amphibian, reptile, fish, crustacean, insects, or coelenterates listed in four Schedules of the Wild Life Protection Act can be hunted either within or outside protected areas. On conviction, the penalty for hunting is imprisonment for a period ranging from a minimum of three to a maximum of seven years with fines not less than 10,000 rupees.Community reserves and conservation reserves are two new categories of protected areas that have been included under the WLPA. These two categories provide a greater role for local communities, stakeholders and civil society as well as the opportunity to protect many areas of conservation value that cannot be designated under strict categories such as wildlife sanctuaries or national parks.The statute prohibits the destruction or diversion of wildlife and its habitat by any method unless it is for improvement or better management and this is decided by the state government in consultation with the National and State Boards for Wildlife.

The rapid decline of India’s wild animals and birds, one of the richest and most varied wildlife resources of the country has been a cause of grave concern. Some wild animals and birds have already become extinct in this country and the other in danger of being so. Areas which were once teeming with wildlife have become devoid of it and even in sanctuaries and National Parks the protection afforded to wildlife needs to be improved. The Wild Birds and Animals Protection Act, 1935 has become completely outdated. These existing laws not only have become outdated but also provide punishments, which are not commensurate with the offence and financial benefits that occur from poaching and trade in wildlife produce. Further, such laws mainly relate to control of hunting and do not emphasize the other factors which are also the prime reasons for the decline of India’s wildlife namely taxidermy and trade in wildlife and products there from.Conservation of Wildlife is ignored in the development era. But we should not forget that environment and development go hand in hand. It is the duty of Government and Individuals (Citizens of India) to be responsible towards environment and conserve wildlife. Today, efforts are being made towards wildlife conservation in India, to preserve this natural wealth. Numerous wildlife conservation projects have been undertaken in India, both at the government as well as the individual level, to protect the rich wildlife of the subcontinent.

The Act contains 66 Sections divided into seven chapters and six schedules. Chapter-I (Sections 1 and 2) contains short title and definitions. Chapter-II deals with Authorities under the Act. Chapter-III deals with the protection of Specified Plants. Chapter-IV provides for declaration of sanctuaries, National Parks and Closed Areas. Chapter- IV-A deals with Central Zoo Authority and Recognition of Zoos. Chapter-V deals with Trade or Commerce in Wild Animals, Animal Articles and Trophies. Chapter-V-A deals with prohibition of Trade or Commerce in Trophies, Animal Articles etc. Chapter-VI relates to Prevention and Detection of offences and finally Chapter-VII contains Miscellaneous Provisions.The Wildlife Protection Act, 1972 which we read today is a product of process which started long ago in 1887 for the protection of a few wild birds and after addition of wild animals in 1912 and specified plants in 1991 it covered almost all the wildlife resources which need protection and management. A few salient features of the Act are as follows:

1. The Act provides for setting up of National Parks, Wildlife Sanctuaries etc. with provision of providing protection to some endangered plants.

2. It provides for the appointment of wildlife advisory board, wildlife warden, their powers and duties etc.

3. Provides guidelines for framing policies and advising Central and State Government on promotion of wildlife conservation and controlling poaching and illegal trade of wildlife and its products.

4. Making recommendations for setting up and managing national parks, sanctuaries and other protected areas and suggesting measures for improvement of wildlife conservation.

5. Under the Act, comprehensive listing of endangered wildlife species was done for the first time and prohibition of hunting of the endangered species was mentioned.

6. The rating of the Schedules I to V is in accordance with the risk of survival of the wildlife (fauna) enlisted in them. Animals included Schedule are provided for total protection from hunting and the trade and commerce related to such animals are strictly regulated. The schedule VI has been added to include the specified plant species to be protected by the Wildlife (Protection) Amendment Act of 1991.

7. An expert committee, constituted by the Indian Board of Wildlife considers amendments to the Act, as and when necessary.

8. The Wildlife Act of 1972 as amended in 1982, 1986, 1991 and 1993 has 7 Chapters, 66 Sections and 6 Schedules. The Act with its various amendments provides the necessary tool to prevent damage to the wildlife.

9. With the amendment of the Act in 1991, powers of the State Governments have been withdrawn almost totally. Now the State Governments are not empowered to declare any wild animal a vermin. Further by addition of provision, immunization of livestock within a radius of 5 km from a National.

10. The Act imposes a ban on the trade or commerce in scheduled animals and it provide for legal powers to officers and punishment to offenders.

11. Five kinds of protected areas can be notified in the Act and these are as follows:

Wildlife may include any animal, bees, butterflies, crustacean, Fish and moths; and aquatic or land vegetation which form part of any habitat.

Wild animal would mean any animal found wild in nature and includes any animal specified in Schedule I, Schedule II, Schedule III, Schedule IV or Schedule V wherever found.

Habitat would include land, water or vegetation which is the natural home of any wild animal.

Hunting would include the capturing, killing, poisoning, snaring and trapping any wild animal and includes an attempt to do so or even driving an animal for the purpose. Injuring or destroying or taking any part of the body of such animal or bird or reptiles or even damaging their eggs or disturbing their nests would also mean hunting.

Trophy would include the whole or part of any captive wild animal other than vermin preserved by natural or artificial means and includes rugs, skins and specimens of such animals mounted in whole or part by taxidermy. Antler, horn hair, feather, nail, tooth musk, eggs and nest would also be called trophy.

Entry with weapons is also prohibited without previous permission of Wildlife warden. It is the duty of the Wildlife Warden to immunize against all communicable diseases, livestock within 5 Kms of the sanctuary. The State Govt. may also if it deems fit that an area within or outside a sanctuary is by reason of ecological, flora, fauna, geomorphologic, natural or zoological association constitute it to be a National Park by notification.

Wild animals are basically the property of the Government. In case of any person has possession of such animal or article he may report it to the nearest police officer within 48 Hours or hand over such property to the officer-in-charge. Certificate of ownership may be granted by the Chief Wildlife warden in case of possession, which he may mark in a prescribed form for the purpose of identification.

In 1963, the World Conservation Union (IUCN General Assembly) passed a resolution calling for an international convention on regulations on export, transit and import of rare or threatened wildlife species, their skins and trophies. Ten years later 21 countries signed the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The main aim was to check on the over exploitation through International Trade. In 1972, the endangering of various species due to trade in skins of Lizards, Monitors, Snakes etc. sold in millions along with those of the Tiger, Rhino horns, Bear paws and gall bladders accelerated India to enact the Wildlife (Protection) Act1972. India joined CITES in 1976 by Ratification. However, the Wildlife (Protection) Act 1972 had some flaws and loopholes which were abused by unscrupulous traders, this led to an amendment in1982. An amendment to the Act in 1982 introduced provisions permitting the capture and transportation of wild animals for the scientific management of animal population. An amendment in the year 1991 resulted in the insertion of the special chapters dealing with the protection of specified plants and the regulation of zoos. This also recognized the needs of tribal and forest dwellers and changes were introduced to advance their welfare. The near-total prohibition on hunting was made more effective by the Amendment Act of 1991. Some of the silent features during these amendments were the verification and marking with identification of stock of wild life for licensed dealers was required. Transportation of wildlife and wildlife products required a permit from an authorized officer that the product had been legally acquired. Trade in ivory and its products were completely banned. Issue of firearms License within 10 Kms of a sanctuary without the concurrence of the wildlife warden was prohibited. Vehicles, Arms, Vessels and Weapons used for the purpose of committing offences under the Act were to be seized. Commercial felling and exploitation of Flora was banned. Individuals and N.G.O’s were allowed to take instances of violations directly to courts. A Central Zoo Authority was setup to ensure sound management of the Zoos. Widespread changes have been made by the Wildlife (Protection) Amendment Act, 2002 and a new chapter has been incorporated as Chapter VI-A to deal with the forfeiture of property derived from illegal hunting and trade. Further, this amendment Act also introduced the concept of co-operative management through conservation reserve management committee and community reserve committees. The 2006 amendment introduced a new chapter (IV B) for establishment of the National Tiger Conservation Authority and notification of Tiger Reserves (before this amendment, Tiger Reserves were not defined under the law, but were merely administrative designations to enable funding under Project Tiger). The Wildlife Crime Control Bureau (WCCB) was constituted vide the 2006 amendment to monitor and control the illegal trade in wildlife products. The WLPA provides for investigation and prosecution of offences in a court of law by authorized officers of the forest department and police officers. The Act underwent many amendments. The Wildlife Protection Amendment Bill, 2013 seeks to ban the use of animal traps, except under certain conditions, engage Gram Sabhas and Gram Panchayats in management of protected areas, and to grant hunting rights to hunter-gatherer Scheduled Tribes of the Andaman and Nicobar Islands. The Bill proposes that hunting in national parks and sanctuaries or the alteration of their boundaries should be punished with 5 to 7 years in jail and fine of RS 5 to 25 lakh, up from 3 to 7 years in jail and RS 10000 fine in the current law; the punishment would be 7 years in prison and RS 30 lakh fine for repeat offenders, up from 3 to 7 years of imprisonment and RS 25000 fine now. The amendments propose stricter deterrents for crimes related to sale, purchase and transfer of animals, their parts or products listed in various schedules. With this introduction now let us discuss the Wildlife (Protection) Act, 1972 in a detailed way.

We have seen that there are a number of important environmental laws in the form of Acts for safeguarding our environmental quality. But inspite of these acts, we find that we are not able to achieve the target of bringing 33 per cent of our land cover under forests. Still we are losing our wild life. The rivers have been turned into open sewers in many places and the air in our big cities is badly polluted. The status of environment shows that there are drawbacks in environmental legislations and problems in their effective implementation. Let us examine some important issues related to our act of 1972. Some of the major drawbacks of the Act include:

Mild penalty to offenders
Illegal wildlife trade in J and K

Personal ownership certificate for animal articles like tiger and leopard skins

No coverage of foreign endangered wildlife

Pitiable condition of wildlife in mobile zoos
Little emphasis on protection of plant genetic resources.

The inadequacy of border control mechanism to check wildlife trafficking has also provided impetus to poachers to use the Indo-Chinese border to directly supply tiger parts from the source country to the consumers in China.

Earlier trade in tiger parts was legalized in China which led to the market being flooded with tiger products from both captive bred tigers as well as wild tigers. CITES Resolution Conference 12.5 asks Parties to prohibit trade in tiger parts and derivatives, both internationally and domestically, even from captive-bred specimens19. This resolution was adopted by consensus after which the demand for tiger products from China has been substantially reduced. If China legalizes tiger trade again, it will bear significant responsibility for loss of wild tigers due to poaching.

With regard to the rampant cross border trade in wildlife, the Wildlife Protecting Act has yet another glaring loophole; the extent of enforcement of the Wildlife Protection Act doesn’t include Jammu and Kashmir. Jammu and Kashmir is host to a diverse range of endemic species, however these are not covered by the state Act.

The Wildlife Protection Act also fails to comprehensively cover practices that are for scientific purposes such as venom extraction from snakes. Most institutions produce venom by extracting it repeatedly from each snake until the animal dies, thereby depleting the wild population of these venomous snakes, some of which are endangered.

The Wildlife Protection Act is silent on the procedure for ethical capture, handling and release of these snakes, although an amendment in 1982 has allowed for collection of snakes for extraction of venom for manufacture of anti-venom and life saving drugs under Section 12(d).

A commonly exploited loophole in the Wildlife Protection Act is the provision for self defence, which is often abused and can easily be claimed whilst hunting wildlife. Section 11(2) of the Wildlife Protection Act states that “The killing or wounding in good faith of any wild animal in defence of oneself or any other person shall not be an offence” This allows many forest dwellers who hunt animals with rudimentary weapons to merely claim self defence when caught and get away with it, simply because the burden of proof does not lie on them to prove that they were not hunting the animal. Thus the efforts of vigilant forest guards are often defeated in court when the plea of self defence is sustained simply because of the obvious lack of insurmountable evidence that they were hunting the animal. The incentive for killing an animal needs to be completely eliminated in the cases of killing wildlife for self defence so that the cases where animals are hunted and self defence is claimed can be curbed.

References:

Admin (2017) Wildlife Conservation Initiatives by Indian Government, [Online] Availableat:https://www.ranthamborenationalpark.com/…/wildlife-conservation- initiatives-indian-go.
Belize (2000) Wildlife Protection Act– Chapter 220 (Revised Edition),[Online] Available at: www.belizelaw.org/web/lawadmin/PDF%20files/cap220.pdf.
CPREEC(2017)EnvironmentalLawsofIndia,[Online]Available at:http://environmentallawsofindia.com.
IFAW (2017) Annual Report and Financial Statements for the Year Ended 30 June 2012. [Online] Available at: http://www.ifaw.org/sites/default/files/FY12%20IFAW%20U
K%20Charity%20FS.pdf.
Kaushik A (2006) Perspective in Environmental Studies, New Age International Limited Publishers, New Delhi.
Mol A (2017) Essay on Wildlife Protection in India, [Online] Available at: http://www.preservearticles.com/201101213602/2080-words-essay-on-wildlife protection-in-india.html.
NCRB (2017) Cases Reported under Wildlife Protection Act during 2015, [Online] Available at:https://community.data.gov.in/cases-reported-under-wildlife-protection-act-during-2015/.
Parliament of India – RajyaSabha (2014) Two Hundred Fifty Third Report “The Wild Life (Protection) Amendment Bill, 2013”, RajyaSabha Secretariat, New Delhi.
SomeshJha (2014) Centre to review Indian Forests Act, [Online] Available at:http://www.business-standard.com/article/economy-policy/centre-to-review-indian-forest-act-114100600895_1.htm.
Staff Reporter (2009) Wildlife protection Act to be more tiger friendly, The Hindu, 23 November 2009, Ned Delhi
Tour my India (2015) 43 Years of Indian Wildlife Protection Act, 1972, [Online] Available at:https://www.tourmyindia.com/blog/43-years-of-indian-wildlife-protection- act-1972.

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The Wildlife (Protection) Act, 1972: An overview

The wild life (protection) act, 1972: an overview with case laws.

The Wild Life (Protection) Act, 1972, is a landmark legislation enacted by the Indian Parliament to safeguard the wildlife of India, ensuring ecological and environmental security. This act is pivotal in conserving various species of animals, birds, and plants, establishing protected areas, regulating hunting, and controlling trade in wildlife and its derivatives. Over the years, the act has been instrumental in addressing the challenges posed by poaching, habitat destruction, and human-wildlife conflicts.

Objectives of the Act

The primary objectives of the Wild Life (Protection) Act, 1972, are:

Protection of Wild Animals, Birds, and Plants : To safeguard wild animals, birds, and plants to ensure India’s ecological and environmental security.
Regulation and Control of Hunting : To regulate hunting and poaching activities to prevent the decline of wildlife populations.
Management of Wildlife Habitats : To ensure the management and development of wildlife habitats to promote biodiversity.
Conservation of Endangered Species : To conserve endangered and threatened species of flora and fauna.
Regulation of Trade in Wildlife : To control trade and commerce in wildlife, animal products, and trophies, preventing illegal wildlife trade.

Key Provisions

1. Protected Areas

Protected areas are crucial for the conservation of wildlife. The act provides for the establishment of different categories of protected areas:

Sanctuaries (Section 18) : Sanctuaries are areas declared for the protection of wild animals, where activities like hunting and grazing are prohibited except under certain conditions.
Case Law : State of Bihar vs. Murad Ali Khan (1989): The Supreme Court upheld the conviction of individuals for hunting in a sanctuary, reinforcing the protection of wildlife sanctuaries under the Act.
National Parks (Section 35) : National parks are areas designated for the conservation of wildlife, where more stringent protection measures are enforced compared to sanctuaries. No human activities are allowed except for tourism and scientific research.
Case Law : Tarun Bharat Sangh vs. Union of India (1991): The Supreme Court ordered the closure of mining activities in and around the Sariska National Park to protect the environment and wildlife.
Conservation Reserves and Community Reserves (Sections 36A and 36C) : These are areas where the community has a stake in the management and protection of the wildlife and its habitat.
Case Law : Ajay Dubey vs. National Tiger Conservation Authority (2012): The Supreme Court directed states to declare buffer zones around tiger reserves to ensure better conservation efforts.

2. Regulation of Hunting (Sections 9 to 12)

Hunting regulations are critical to preventing the decline of wildlife populations:

Section 9 : Prohibits hunting of any wild animal specified in Schedules I, II, III, and IV of the Act.
Case Law : Akhil Bharatiya Jeev Raksha Bishnoi Sabha vs. State of Rajasthan (2017): The Rajasthan High Court upheld the strict prohibition on hunting, emphasizing the need to protect endangered species.
Section 11 : Allows hunting of wild animals under special circumstances such as self-defense or protection of human life or property.
Case Law : M.K. Ranjitsinh vs. Union of India (2010): The Supreme Court laid down guidelines for the killing of dangerous animals, ensuring it is done as a last resort.
Section 12 : Permits hunting for education, scientific research, and scientific management.
Case Law : Centre for Environmental Law WWF vs. Union of India (2013): The Supreme Court highlighted the importance of scientific management in wildlife conservation.

3. Protection of Specified Plants (Sections 17A to 17H)

These sections prohibit picking, uprooting, damaging, destroying, acquiring, or possessing specified plants from the protected areas, ensuring their conservation.

4. Trade and Commerce in Wild Animals, Animal Articles, and Trophies (Sections 39 to 49)

Regulating trade in wildlife is essential to curb illegal activities:

Section 39 : States that wild animals specified in Schedules I and II, and their parts and products, are government property.
Case Law : S. K. Mondal vs. State of West Bengal (2011): The Calcutta High Court ruled that wildlife and its derivatives belong to the state, reinforcing the government’s role in controlling wildlife trade.
Section 43 : Regulates the transfer of captive animals and prohibits trade in them.
Sections 44 to 49 : Control and regulate trade and commerce in wildlife and their derivatives, ensuring that only licensed dealers operate.
Case Law : Supreme Court Legal Aid Committee vs. Union of India (1995): The Supreme Court banned the trade in ivory and ivory products, aiming to curb poaching and illegal trade.

5. Penalties and Offences (Sections 51 to 58)

The act specifies stringent penalties for violations to deter wildlife crimes:

Section 51 : Specifies the penalties for contravening any provision of the act, including imprisonment up to seven years and fines.
Case Law : Sanjay Kumar vs. State of Bihar (2016): The Supreme Court imposed stringent penalties for wildlife crimes, emphasizing the importance of strict enforcement.
Section 52 : Details the punishment for abetment of offenses under the act.
Section 54 : Provides for the forfeiture of property derived from illegal wildlife trade.
Case Law : State of Maharashtra vs. Gajanan Krishna Bapat (1995): The Bombay High Court upheld the forfeiture of property acquired through illegal wildlife trade.

6. Authorities and Officers

The act designates specific authorities for its implementation:

Director of Wildlife Preservation (Section 3) : The central authority responsible for the implementation of the act.
Chief Wildlife Warden (Section 4) : State-level authority responsible for implementing the provisions of the act in the state.
Wildlife Wardens (Section 4) : Officers appointed to assist the Chief Wildlife Warden.

The act includes six schedules that provide varying degrees of protection to different species:

Schedule I : Absolute protection to endangered species; offenses related to these species attract the highest penalties.
Case Law : State of Karnataka vs. Dr. Praveen Bhai Thogadia (2004): The Supreme Court upheld the protection of species listed in Schedule I, emphasizing severe penalties for violations.
Schedule II : High protection but lower than Schedule I; includes species that are not critically endangered but need protection.
Case Law : State of Uttar Pradesh vs. Lalit Tandon (2003): The Allahabad High Court reinforced the protection measures for species under Schedule II.
Schedule III and IV : Species that are protected but the penalties for offenses are lower.
Schedule V : Animals classified as vermin, which can be hunted.
Schedule VI : Specifies plants that are protected under the act.

Amendments and Updates

The act has been amended several times to strengthen wildlife conservation measures:

2002 Amendment : Introduced stricter penalties and created the National Board for Wildlife for overall policy framework and coordination.
2006 Amendment : Established the National Tiger Conservation Authority and provided for the constitution of Tiger and Other Endangered Species Crime Control Bureau.
Case Law : Prerna Singh Bindra vs. Union of India (2011): The Supreme Court upheld the creation of the National Tiger Conservation Authority, emphasizing its role in tiger conservation.
2013 Amendment : Focused on stronger measures to combat poaching and illegal trade of wildlife.

Implementation and Challenges

Implementation : The act is implemented by central and state governments through designated wildlife authorities and officers. Various agencies, including forest departments, wildlife conservation organizations, and law enforcement, work together to enforce the provisions of the act.

Challenges :

Poaching and Illegal Trade : Despite stringent laws, poaching and illegal trade in wildlife continue to pose significant challenges.
Case Law : Sansar Chand vs. State of Rajasthan (2010): The Supreme Court highlighted the ongoing issue of poaching and the need for stricter enforcement of wildlife protection laws.
Human-Wildlife Conflict : Increasing human encroachment into wildlife habitats has led to conflicts, resulting in damage to property, livestock, and sometimes loss of human lives.
Case Law : T.N. Godavarman Thirumulpad vs. Union of India (1997): The Supreme Court addressed the issue of human-wildlife conflict, stressing the need for creating buffer zones and minimizing human intrusion into wildlife habitats.
Habitat Destruction : Deforestation, industrialization, and urbanization are leading to habitat loss, threatening wildlife conservation efforts.
Case Law : Orissa Mining Corporation vs. Ministry of Environment & Forest (2013): The Supreme Court halted mining activities in a wildlife-rich area, emphasizing the importance of habitat protection.
Insufficient Resources : Lack of adequate resources and trained personnel hampers effective implementation and enforcement of the act.
Case Law : Nandini Sundar vs. State of Chhattisgarh (2011): The Supreme Court underscored the need for better resource allocation and training for wildlife protection personnel.

The Wild Life (Protection) Act, 1972, is a critical legislative framework aimed

at conserving India’s rich biodiversity. By establishing protected areas, regulating hunting, and controlling trade in wildlife, the act provides comprehensive measures for wildlife protection. However, effective implementation, enhanced resources, and addressing emerging challenges are crucial to achieving the objectives of the act and ensuring sustainable conservation efforts. The judiciary has played a significant role in interpreting and enforcing the provisions of the act, ensuring that wildlife conservation remains a priority.

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Wildlife Protection Act 1972 for UPSC Exam | Legacy IAS

Home » Wildlife Protection Act 1972 for UPSC Exam | Legacy IAS

March 29, 2020
GS-3 Environment and Ecology
ATU - GS 3 , Environment and Ecology , GS 3

Wildlife Protection Act 1972

On 5th June 1972: UN Conference on Human Environment in Stockholm. That is why, 5th June came to be celebrated all over the world as World Environment Day. India took big step by enacting The Wildlife (Protection) Act in 1972.

Constitutional Provisions

Article 48-A : “The State shall endeavour to protect and improve the environment and to safeguard forest and wildlife of the country”.
Article 51-A(g) :”It shall be the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers, and wildlife and to have compassion for living creatures”.
Article 21 : Right to clean environment

It provides for state wildlife advisory boards, regulations for hunting wild animals and birds, establishment of sanctuaries and national parks, regulations for trade in wild animals, animal products and trophies, and judicially imposed penalties for violating the Act. The act provides for the protection of wild animals, birds and plants . It provides for protection of hunting rights of the Scheduled Tribes in Andaman and Nicobar Islands. It has provisions for the Convention on International Trade in Endangered Species of Wild Fauna and Flora ( CITES ). It regulates the trade of wild animals, birds and plants.

It has six schedules which give varying degrees of protection. Species listed in Schedule I and part II of Schedule II get absolute protection — offences under these are prescribed the highest penalties. Species listed in Schedule III and Schedule IV are also protected, but the penalties are much lower. Schedule V includes the animals which may be hunted. The plants in Schedule VI are prohibited from cultivation and planting

: Endangered species. : Harsh with imprisonment : Not allowed. : Prohibited : Tiger, Blackbuck, Himalayan Brown Bear, Brow-Antlered Deer, Blue whale, Common Dolphin, Cheetah, Clouded Leopard, Hornbills, Indian Gazelle, and many others.	: Harsh : Not allowed. : Prohibited : Kohinoor (insect), Assamese Macaque, Bengal Hanuman langur, Large Indian Civet, Indian Fox, Larger Kashmir Flying Squirrel, Kashmir Fox and many others.
Not Endangered. : Less compare to I & II : Not allowed. : Hyena, Himalayan rat, porcupine, flying fox, Malabar tree toad, etc.	: Allowed. : Mice, Rat, common crow, fruit bats, etc.
Include plants that are forbidden from cultivation : Pitcher plant, Blue Vanda, Red vanda, Kuth, etc.

Q. In India, if a species of tortoise is declared protected under Schedule I of the Wildlife (Protection) Act, 1972, what does it imply? (2017)

It enjoys the same level of protection as the tiger.
It no longer exists in the wild, a few individuals are under captive protection; and now it is impossible to prevent its extinction.
It is endemic to a particular region of India.
Both (2) and (3) stated above are correct in this context.

Q. According to the Wildlife (Protection) Act, 1972, which of the following animals cannot be hunted by any person except under some provisions provided by law? (2017)

Indian wild ass
Wild buffalo

Select the correct answer using the code given below: A. 1 only B. 2 and 3 only C. 1 and 3 only D. All

1. National Board for Wildlife 2. National Tiger Conservation Authority 3. Sanctuaries 4. National Parks 5. Conservation Reserves 6. Community Reserves 7. Tiger Reserve

National Board for Wildlife :

It is a “Statutory Organization” constituted under the Wildlife Protection Act, 1972 .
Its roles is “advisory” in nature and advises the Central Government on framing policies and measures for conservation of wildlife in the country.
Primary function of the Board is to promote the conservation and development of wildlife and forests .
It has power to review all wildlife-related matters and approve projects in and around national parks and sanctuaries .
No alternation of boundaries in national parks and wildlife sanctuaries can be done without approval of the NBWL .
Composition: The NBWL is chaired by the Prime Minister . It has 47 members including the Prime Minister. Among these, 19 members are ex-officio members. Other members include three Members of Parliament (two from Lok Sabha and one from Rajya Sabha), five NGOs and 10 eminent ecologists, conservationists and environmentalists.

National Parks vs Sanctuaries

Features of wildlife sanctuary.

1. It is natural area which is reserve by a governmental or private agency for the protection of particular species.

2. Area is designated for the protection of wild animals.

3. Only animals are conserved, Could be private property also, outside activities allowed.

4. IUCN has defined its Category IV type of protected areas.

Features of National Park:

. Reserve area of land, owned by the government.

2. Area is protected from human exploitation, industrialization and pollution.

3. No cutting, Grazing allowed, Outside Species Allowed

4. Conservation of ‘wild nature’ for posterity and as a symbol of national pride.

5. International Union for Conservation of Nature (IUCN) , and its World Commission on Protected Areas , has defined its Category II type of protected areas.

Conservation reserve and Community reserve:

The State Government after consultations with local communities can declare any area owned by the Government, particularly areas adjacent to national parks or sanctuaries, as conservation reserves. The government constitutes a Conservation Reserve Management Committee to manage and conserve the conservation reserve.

The State Government can, in consultation with the community or an individual who have volunteered to conserve wildlife, declare any private or community land as community reserve . A Community Reserve Management Committee shall be constituted by State Government for conserving and managing the reserve.

Example : Gogabeel is Bihar’s first community reserve. Gogabeel is formed from the flow of the rivers Mahananda and Kankhar in the north and the Ganga in the south and east.

More than 90 bird species have been recorded from this site, of which, about 30 are migratory. Among the threatened species, the Lesser Adjutant Stork is listed as ‘Vulnerable’ by the IUCN while the Black Necked Stork, White Ibis and White-eyed Pochard are ‘Near Threatened’.

Tiger Reserve :

These areas were reserved for protection tiger in the country. The State Government on the recommendation of the Tiger Conservation Authority may notify an area as a tiger reserve, for which it has to prepare a Tiger Conservation Plan.

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25 April, 2023

Wildlife Protection Act, 1972

Biodiversity & Environment
National Envt Treaties
GS Paper - III
Government Policies & Interventions
Statutory Bodies
Conservation
The Wildlife (Protection) Act, 1972 has been in effect for 51 years, and throughout that time, it has been successful in preserving a number of endangered species. The law has been essential in preserving the various fauna of the nation.
In order to guarantee environmental and ecological security, this Act provides for the protection of the nation's wild animals , birds, and plant species. The Act, among other things, imposes limitations on the hunting of several animal species. The Act was most recently modified in 2006. A Standing Committee was consulted when an amendment bill was presented in the Rajya Sabha in 2013; however, it was withdrawn in 2015.

About wildlife protection act 1972

The Wild Life (Protection) Act of 1972 establishes a legislative framework for the preservation of different wild animal and plant species as well as for the management of those species' habitats and the regulation and control of the trade in those species' parts as well as in products manufactured from them.
The act also includes schedules of plants and animals that are subject to varied levels of government protection and oversight.
The Wildlife Act facilitated India's admission to the CITES (Convention on International Trade in Endangered Species of Wild Fauna and Flora).
Jammu and Kashmir was not previously included in the 1972 Wildlife Protection Act. As a result of the restructuring act, J&K is now covered under the Indian Wildlife Protection Act.

Constitutional Provisions for the Wildlife Act

The State must safeguard the environment, improve it, and protect wildlife and forests, according to Article 48A of the Indian Constitution. The 42nd Amendment, which was adopted in 1976, added this provision to the Constitution.
Certain fundamental obligations are placed on Indian citizens by Article 51A. A couple of these include having compassion for all living things and preserving and enhancing the natural environment, which includes woods, lakes, rivers, and wildlife.

Histroical prespective

The British Indian Government passed the Wild Birds Protection Act, 1887, which was the first such law, in 1887. The rule aimed to make it illegal to own and sell certain wild birds that were either shot or captured while mating.
The Wild Birds and Animals Protection Act was introduced as a second statute in 1912. With the passage of the Wild Birds and Animals Protection (Amendment) Act 1935, this was modified.
Wildlife preservation was not given a high priority during the British Raj. The concern about wildlife preservation and keeping some species from going extinct didn't really take off until 1960.

Feature of the act

The Act establishes wildlife advisory boards and wildlife wardens and outlines their responsibilities and authority.
It facilitated India's ratification of the CITES (Convention on International Trade in Endangered Species of Wild Fauna and Flora) convention.
A multinational agreement called CITES aims to preserve threatened species of plants and animals.
It was approved as a consequence of an IUCN member meeting and is also referred to as the Washington Convention.
For the first time, a thorough list of the nation's endangered animals was created.
Hunting endangered species was outlawed by the Act.
The Act's provisions forbid the trading of animals that have been scheduled.
A licence is required by the Act in order to buy, sell, or possess certain wildlife species.
It enables the creation of national parks, wildlife sanctuaries, etc.
Its clauses made it possible to establish the Central Zoo Authority . This is the main organisation in charge of managing India's zoos. 1992 saw the establishment of it.
The Act established six schedules with differing levels of protection for various flora and wildlife classes.
Schedule I and Schedule II (Part II) are completely protected, and offences that violate these schedules are subject to the harshest punishments.
The schedules also list the huntable animals.
Under the terms of this Act, the National Board for Wildlife was established as a statutory organisation.
The central government of India is advised by this advisory council on matters pertaining to wildlife protection in India.
The top body is also responsible for reviewing and approving all items pertaining to wildlife, projects in national parks and sanctuaries, etc.
The Board's main responsibility is to encourage the preservation and development of forests and animals.
The Prime Minister is in charge of it.
The National Tiger Conservation Authority was to be established in accordance with the provisions of the Act.
It is a formal division of the Ministry of Environment, Forest, and Climate Change with general coordination and supervision responsibilities as specified by the Act.
Its mission is to improve tiger conservation efforts in India.
It gives Project Tiger formal power, which was started in 1973 and has successfully prevented the extinction of the endangered tiger by putting it on a guaranteed road to revival.

Schedule under act

The endangered species listed in Schedule I require strict protection.
For breaking the law as set forth in this Schedule, a person is subject to the harshest punishments.
In India, it is against the law to hunt any of the species included in this Schedule unless a threat to human life or an incurable illness exists.
The Black Buck, Snow Leopard, Himalayan Bear, and Asiatic Cheetah are just a few of the creatures in Schedule I.
Schedule II: Trade in the animals on this list is prohibited, and they also receive strong protection.
The Indian Cobra , Himalayan Black Bear , and Assamese Macaque are just a few of the creatures in Schedule II.
Schedules III and IV comprise species that are not in risk of extinction.
This includes species that are protected from hunting, though the penalty for doing so is less severe than it is under the first two schedules.
Chital (spotted deer), Bharal (blue sheep), Hyena, and Sambhar (deer) are among the species protected under Schedule III.
The flamingo, hare, falcon, kingfisher, magpie, and horseshoe crab are among the animals protected under Schedule IV.
Schedule V: Vermin (tiny wild animals that spread disease and eat and destroy crops) are included in this schedule. These creatures are huntable.
Only four types of wild animals are found there: common crows, fruit bats, rats, and mice.

Wildlife (Protection) Amendment Act, 2022:

The Act aims to expand the list of species protected by law and put CITES into effect.
A total of four schedules are now available:
Animal species with the highest level of protection are listed in Schedule I.
Animal species with less protection are listed in Schedule II.
Plant species that are protected are included in Schedule III, and CITES specimens are listed in Schedule IV.
According to the Act, elephants may be used for "religious or other purposes."
For offences involving both generally and specifically protected animals, the penalties have also been enhanced.
Despite being in place for more than 50 years, the Act has not been successful in effectively reaching the general public. The significance of wildlife conservation and the rules governing it are still largely unknown to many people.
Conflict between humans and wildlife has increased as a result of the growing human population and the encroachment on wildlife habitats. This frequently results in the WPA-prohibited slaughter of wildlife.
India has seen a sharp rise in the illegal wildlife trade, which poses a serious threat to the species there. Poaching and the illegal trade in wildlife items are still very much in existence despite strict restrictions.
Despite being in place for more than 50 years, the WPA 1972 still faces a number of difficulties. It will take a coordinated effort from the government, civil society, and the general public to address these issues. Some actions that can be performed to safeguard India's wildlife and its ecosystems include effective enforcement, community involvement, and awareness-raising efforts.

Source: The Hindu

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Wild Life Protection Act 1972 - Environment Notes

Neha Grover

Aug 9, 2024

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The Wild Life (Protection) Act, 1972 is an Act of the Indian Parliament designed to conserve plant and animal species . The Wildlife (Protection) Act, 1972 governs wildlife conservation and protection in India. The Act arose during a period in India when environmental law was quickly expanding. The Act was created with the understanding that prior legislation, such as the Wild Birds and Animals Protection Act of 1912, were insufficient. The current Act is comprehensive and fills all gaps left by previous legislation. This article will explain to you about the Wild Life Protection Act 1972 which will be helpful in preparing the Environment Syllabus for the UPSC Civil Service exam.

Wild Life Protection Act 1972 - Background

India is the first country in the world to include measures for environmental preservation and conservation in its constitution.
The British Indian Government passed first such law, the Wild Birds Protection Act, 1887, in 1887.
The law attempted to make the ownership and sale of specific wild birds killed or caught during a nesting period illegal.
A second law, the Wild Birds and Animals Protection Act, was passed in 1912.
This was revised in 1935 with the passage of the Wild Birds and Animals Protection (Amendment) Act 1935.
Wildlife conservation was not a priority during the British Raj . Only in 1960 did the question of wildlife conservation and preventing specific species from becoming extinct come to the forefront.
In 1972, the Indian Parliament passed the Wildlife (Protection) Act , which allows for the conservation and protection of the country's wildlife (flora and fauna).
The Act is a modest piece of model law that only addressed birds and animals listed in the Act's Schedule.
This Act allows for the protection of a number of specified animal, bird, and plant species, as well as the development of a network of ecologically significant protected areas throughout the country.
According to the statute, it allowed state governments the authority to conserve and preserve animals and birds.
The act also made it illegal to capture, slaughter, sell, buy, or possess animals, including their plumage.

Wildlife Act - Constitutional Provisions

Article 48A of the Indian Constitution instructs the state to maintain and promote the environment, as well as to protect animals and forests.
The 42nd Amendment to the Constitution was ratified in 1976.
One of them is to care for and safeguard the natural environment, which includes woods, lakes, rivers, and animals, as well as to have compassion for all living things.
The Act has been amended in 1982, 1986, 1991, and 1993 to include provisions for its effective implementation.

Need for Wildlife Protection Act 1972

The rapid decline of India's wild animals and birds, one of the country's richest and most diverse wildlife resources, has been a major source of concern.
Areas that were once teeming with wildlife have become devoid of it, and wildlife protection in sanctuaries and National Parks needs to be improved.
The Wild Birds and Animals Protection Act of 1935 is completely out of date.
Existing laws are not only out of date, but also provide punishments that are not proportionate to the offence and financial benefits that result from poaching and trade in wildlife produce.
A significant reduction in flora and fauna can generate ecological imbalance, affecting many elements of climate and the environment.
This needed to be improved since the sanctions meted out to poachers and traffickers of wildlife items were disproportionate to the enormous financial gains they get.
Prior to the passage of this Act, India had just five national parks.

Wildlife Protection Act 1972 - Salient Features

The Wildlife Protection Act of 1972 is the result of a long-running process that began in 1887 with the protection of a few wild birds and expanded to include wild animals in 1912 and specific plants in 1919, eventually covering almost all wildlife resources that require protection and management.
Wildlife is a component of 'forests,' and it was a state topic until Parliament approved this legislation in 1972. It is now a Concurrent List.
The risk of survival of the wildlife (fauna) listed in Schedules I through V is rated accordingly.
Animals included in the Schedule are completely protected from hunting, and trade and commerce involving such animals is strictly regulated.
The specified plant species to be protected by the Wildlife (Protection) Amendment Act of 1991 have been added to schedule VI.
The Indian Board of Wildlife appoints an expert committee to consider amendments to the Act as needed.
With the amendment of the Act in 1991, the powers of the state governments were almost completely removed.
State governments are no longer authorised to declare any wild animal a vermin. Furthermore, livestock immunisation has been made mandatory within a 5-kilometer radius of a National Park or sanctuary.

Wildlife Protection Act 1972 - Significance

The Act establishes wildlife advisory boards and wildlife wardens, as well as their authorities and tasks.
It aided India's accession to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).
CITES is a multinational pact designed to conserve endangered animals and plants.
It was approved as a consequence of a gathering of IUCN members and is also known as the Washington Convention .
For the first time, a thorough inventory of the country's endangered animals was compiled.
The Act made it illegal to hunt endangered species.
The terms of the Act make it illegal to trade scheduled animals.
The Act authorises the sale, transfer, and ownership of certain animal species in exchange for a licence.
Its regulations laid the groundwork for the establishment of the Central Zoo Authority.
This is the central organisation in charge of zoo monitoring in India. It was founded in 1992.
The Act established six schedules that provided varied degrees of protection to various groups of flora and animals.
Schedule I and Schedule II (Part II) are given total protection, and offences committed under these schedules carry the worst punishments.
Species that may be hunted are also listed in the schedules.

Various Bodies Constituted under Wild Life Protection Act 1972

National board for wildlife (nbwl).

According to the statute, the National Board for Wildlife (NBWL) should be established by the government of India.
It acts as the governing authority for all wildlife-related issues including the approval of projects in and surrounding national parks and sanctuaries.
The Prime Minister chairs the NBWL, which is in charge of promoting wildlife and forest conservation and development.
The Vice-Chairperson of the board is the Minister of Environment, Forests, and Climate Change.
The board's role is purely consultative, and it can only advise the government on wildlife conservation policies.
The NBWL has a Standing Committee with the purpose of approving any projects that lie inside protected wildlife areas or are within 10 kilometres of them.
The Minister of Environment, Forests, and Climate Change chairs the committee.

State Board for Wildlife (SBWL)

The constitution of the state board of wildlife is the responsibility of the state governments.
The board is chaired by the state/Chief UT's Minister.
The selection and administration of sites to be designated as protected areas.
The development of a policy for the preservation and conservation of wildlife.
Any issue concerning the alteration of any Schedule.

Central Zoo Authority

The act establishes the Central Zoo Authority, which will have ten members, including the Chairperson and a Member-Secretary.
The chairperson is the Environment Minister.
The authority grants zoos recognition and is also in charge of regulating zoos around the country.
It establishes norms and procedures for the movement of animals between zoos on a national and worldwide scale.

National Tiger Conservation Authority (NTCA)

Following the Tiger Task Force 's recommendations, the National Tiger Protection Authority (NTCA ) was established in 2005 to improve tiger conservation.
The Chairperson of NTCA is the Union Environment Minister, while the Vice-Chairperson is the State Environment Minister.
On the advice of the NTCA, the Central Government designates an area as a Tiger Reserve.
In India, around 50 wildlife sanctuaries have been classified as Tiger Reserves and are protected places under the Wildlife Protection Act of 1972.

Wildlife Crime Control Bureau (WCCB)

The act established the Wildlife Crime Control Bureau (WCCB) to combat organised wildlife crime in the country.
The Bureau's headquarters are in New Delhi.
Its mandate is to collect and analyse intelligence connected to organised wildlife crime operations and convey it to the state in order for the offenders to be apprehended.
Create a single data bank for wildlife crime.
Assist state governments in ensuring the success of wildlife crime prosecutions.
Advise the Government of India on wildlife crimes with national and international implications, as well as associated policies and regulations.

Protected Areas under the Wildlife Protection Act 1972

Sanctuaries, national parks, conservation reserves, community reserves, tiger reserves.

A sanctuary is a safe haven where injured, abandoned, and abused wildlife may dwell in peace in their natural habitat without human intervention.
They are naturally existing zones that safeguard endangered animals from poaching, hunting, and predation.
Animals are not bred for commercial purposes here.
The species is safe from any kind of interference.
Animals may not be captured or killed within the sanctuaries.
The State government declares a wildlife sanctuary by a Notification. A Resolution of the State Legislature can change the boundaries.
Human activities such as wood harvesting, gathering minor forest products, and private property rights are authorised as long as they do not jeopardise the well-being of the animals. Human action is restricted.
They are accessible to the general public. However, persons are not permitted to go alone.
There are restrictions on who can enter and/or remain inside the sanctuary's boundaries.
Only public workers (and their families), people who own immovable property within, and others are permitted.
People travelling on motorways that pass through sanctuaries are also permitted inside.
Examples include the Indian Wild Ass Sanctuary (Rann of Kutch, Gujarat); the Vedanthangal Bird Sanctuary in Tamil Nadu (the country's oldest bird sanctuary); and the Dandeli Wildlife Sanctuar y (Karnataka).
National Parks are locations designated by the government to protect the natural environment. A national park is more restricted than a wildlife refuge.
The State government may declare national parks via Notification. No changes to the borders of a national park may be made without the approval of the State Legislature.
The primary goal of a national park is to maintain the natural ecosystem of the region and to conserve biodiversity.
National parks preserve the scenery, animals, and vegetation in their natural condition.
Their limits are set and specified. No human activity is permitted here.
Livestock grazing and private tenurial rights are not authorised.
Species included in the Wildlife Act's Schedules are not permitted to be hunted or taken.
Bandipur National Park in Karnataka, Hemis National Park in Jammu and Kashmir, and Kaziranga National Park in Assam are a few examples.

After engaging with local people, the State government may proclaim an area (especially those next to sanctuaries or parks) as a conservation reserve.

After consulting with the local community or a person who has volunteered to protect wildlife, the State government may establish any private or communal land as a community reserve.

In India, these places are designated for the preservation and conservation of tigers.
They are declared based on the National Tiger Conservation Authority 's recommendations.
In India, there are 53 tiger reserves regulated by Project Tiger, which is administered by the National Tiger Conservation Authority (NTCA).
Some examples are Nagarjunsagar Srisailam, Namdapha National Park, Kamlang Tiger Reserve, and Pakke Tiger Reserve.

Schedules of the Wildlife Protection Act

The Wildlife Protection Act has six schedules.

This Schedule deals with endangered species.
Because these species require strict protection, the greatest punishments for law violations are listed in this Schedule.
Species listed in this Schedule are forbidden from being hunted in India, unless they pose a threat to human life.
Species on this list have absolute protection.
It is illegal to trade these animals.
Tiger, blackbuck, Himalayan Brown Bear, Brow-Antlered Deer, Blue whale, Common Dolphin, Cheetah, Clouded Leopard, hornbills, Indian Gazelle, and other animals are examples.

Schedule II

Animals on this list are also given special protection.
Their business is illegal.
They cannot be hunted unless there is a threat to human life.
Kohinoor (insect), Assamese Macaque, Bengal Hanuman langur, Large Indian Civet, Indian Fox, Larger Kashmir Flying Squirrel, Kashmir Fox, and more species are examples.

Schedule III & IV

This list only includes species that are not endangered.
This includes protected species, however the punishment for infringement is less severe than in the previous two schedules.
Hyena, Himalayan rat, porcupine, flying fox, Malabar tree toad, etc. are some examples.
This list includes animals that can be hunted.
Mice, rats, common crows, fruit bats, and other animals are examples.

Schedule VI

This list comprises plants that are not allowed to be cultivated.
Pitcher plant, blue vanda, red vanda, kuth, and more examples.

The Indian Parliament passed the Wild Life (Protection) Act in 1972 to protect plant and animal species. It is one of the fundamental duties under our constitution is to protect and conserve the environment.The Act was enacted at a time in India when environmental legislation was rapidly increasing. The Act established wildlife advisory boards and wildlife wardens, as well as their powers and responsibilities.

Question: What do you mean by CITES?

The Convention on International Commerce in Endangered Species of Wild Fauna and Flora (CITES) is a global agreement among nations to regulate or prohibit international trade in threatened species.

Question: Briefly explain about the need of WildLife Protection Act 1972?

Prior laws, such as the Wild Birds and Animals Protection Act of 1912, were deemed insufficient. This needed to be rectified since the penalties meted out to poachers and wildlife traffickers were disproportionate to the large financial rewards they get. India had just five national parks prior to the enactment of this Act.

Question: What is the WildLife Protection Act 1972?

The Indian Parliament passed the Wild Life (Protection) Act in 1972 to protect plant and animal species. In India, the Wildlife (Protection) Act of 1972 controls wildlife conservation and protection. The Act was enacted at a time in India when environmental legislation was rapidly increasing.

Question: Consider the following statements: [UPSC 2010]

The boundaries of a National Park are defined by legislation.
A Biosphere Reserve is declared to conserve a few specific species of flora and fauna.
In a Wildlife Sanctuary, limited biotic interference is permitted.

Which of the statements given above is / correct?

(b) 2 and 3 only

(d) 1,2 and 3

Answer: (c) See the Explanation

The Wildlife Protection Act of 1972 defines the fixed boundary of a National Park.
The legislation specifies the actual area of the National Park to which the state government is notified. Hence, statement 1 is correct.
A biosphere reserve protects the entire ecosystem rather than simply a few species of plants and animals. Hence, statement 2 is incorrect.
The primary distinction between a Sanctuary and a National Park is the vesting of rights of those who live therein.
In contrast to a Sanctuary, where some rights may be granted, no rights are granted in a National Park. Hence, statement 3 is correct.

Therefore, option (c) is the correct answer.

Question: In India, if a species of tortoise is declared protected under Schedule I of the Wildlife (Protection) Act, 1972, what does it imply? [UPSC 2017]

(a) It enjoys the same level of protection as the tiger.

(b) It no longer exists in the wild, a few individuals are under captive protection, and now it is impossible to prevent its extinction.

(d) Both (b) and (c) stated above are correct in this context.

Answer: (a) See the Explanation

The Wildlife (Preservation) Act of 1972 allows for the protection of a number of specified animal, bird, and plant species, as well as the development of a network of ecologically significant protected areas throughout the country.
Because these species require strict protection, the consequences for violating the law are severe for species included in this Schedule.

Therefore, option (a) is the correct answer.

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Wildlife Protection Act
Wildlife Protection Act, 1972

This article is written by Gursimran Kaur Bakshi , a student at the National University of Study and Research in Law, Ranchi and J. Suparna Rao from Ramaiah Institute of Legal Studies. This article analyses the Wildlife Protection Act, 1972, and how it has impacted the development of wildlife protection in India.

Table of Contents

Introduction

Every year, Earth Day is celebrated on 22nd April. This year the world celebrated the 51st Earth Day with the theme ‘ Restoring our Earth .’ India too celebrated this day. But in this same year, the news of how poaching of wildlife animals has doubled during the lockdown in India was also reported. This makes the theme truly realistic as it shows that we have lost touch with mother earth.

The Supreme Court of India in T.N. Godavarman Thirumulpad v. Union Of India (2012) referred to a quote, “ The universe along with its creatures belongs to the Lord. No creature is superior to any other. Human beings should not be above nature. Let no one species encroach over the rights and privileges of other species. ”

This quote was referred to for a reason. It was to emphasize the quintessential importance of preserving and conserving the environment and its components. Nature is the creator and the destroyer.

According to Charles Darwin , only the fittest is meant to survive. As a creator, nature exists through the flora and fauna in an ecosystem to sustain life. However, in the last few decades, mankind has introduced changes that are detrimental to the existence of both flora and fauna.

These are mostly artificial changes that have certainly interfered with nature’s way of working. It has resulted in climate change, modification in the natural habitats of the animals, and pollution due to deforestation to name a few.

Earlier, there were boundaries existing between human civilization and that of flora and fauna. But the unnatural changes in the environment have now diminished that boundary resulting in human-wildlife conflict. That is the reason why wildlife animals are now often found wandering outside their habitat. This is because humans have hampered the equilibrium that existed.

Let’s understand the laws that impact the protection and conservation of wildlife in India.

Protection of wildlife in India

In India, wildlife conservation and protection are maintained under the Wildlife (Protection) Act, 1972 (‘The Act’). The Act is a product of the times when environmental jurisprudence was rapidly developing in India with due credit to judicial activism.

The Act was enacted keeping in mind that all previous laws such as the Wild Birds and Animals Protection Act, 1912 were insufficient. The current Act is comprehensive and covers all the gaps that were present in the earlier laws.

However, there are still substantive gaps existing in the present law. There is a vacuum between the theoretical law and its practical implementation. Further, the objective of the Act has also been diluted due to bureaucratic interference.

Overview of the Constitutional framework on wildlife protection

The Constitutional framework for the protection of wildlife, forest, and environment are present under Article 21 of the Constitution of India . The right to life includes the right of living in a clean and healthy environment.

Article 48A of the Directive Principle of State Policy puts a non-binding obligation on the state to protect and conserve the environment and to safeguard forest and wildlife. Article 51A(g) , too, puts a non-binding obligation on the citizens to protect the forest, wildlife, rivers, and animals of the country.

These obligations have been fulfilled by both the central and the state governments by adding the term ‘forest’ under Entry 17A and protection of wildlife and birds to Entry 17B of the Concurrent List by 42nd Constitutional (Amendment) Act, 1976 .

There is a set of laws that concerns itself with environmental protection and wildlife which are:

Environmental Protection Act, 1986
Forest Conservation Act, 1980
Air (Prevention and Control of Pollution) Act, 1981
Water (Prevention and Control of Pollution) Act,1974

Some popular wildlife sanctuaries in India

Corbett National park, Uttarakhand
Ranthambore National park, Rajasthan
Bandipur National park, Karnataka
Keoladeo Ghana National park, Rajasthan
Nagarhole National park, Karnataka
Sariska National park, Rajasthan
Kaziranga National park, Assam.

Overview of the Wildlife Protection Act, 1972

The Act is a small piece of model legislation that only covered birds and animals specified as per the Schedule present under the Act. It gave the State Governments the power to protect and preserve animals and birds as per Section 3 . Section 3 also prohibited the capturing, killing, selling, buying, possessing of the animals including their plumage (feathers).

Section 4 granted an exemption to Section 3, only when the state government was of the opinion that the above-mentioned measures are in the interest of scientific research. A person can then be granted a license subjected to further restrictions if any.

Another exception was available under Section 3. The exception allowed a person to kill or capture animals and birth in self-defence of himself, or other, or in the self-defence of property.

The Wildlife Protection Act protects all kinds of animals from amphibians to birds, mammals, and reptiles under Section 2(1) . The definition is exhaustive and can accommodate a variety of animals within the scope of protection. The Act extends protection to specified plants that cannot be destroyed and damaged without the approval of the government.

Important provisions of the Wildlife Protection Act, 1972

Preliminary.

This Act is named ‘Wild Life Protection Act, 1972’. This Act has been accepted by all the states and it is applicable to the whole of India.

This section gives definition of the following words.-

‘Animal’- According to this section the word animal includes mammals, reptiles, amphibians, birds and their eggs.
‘Animal article’- Refers to any article or object made from a wild animal wherein the whole body or a particular part of them has been used. This does not include vermin(wild animals that are harmful to crops, game or farm animals or carry various infectious diseases).
‘Board’- The advisory board constituted for the wildlife protection and as mentioned in sub-section (1) of section (6).
‘Captive animal’- Any animal which is kept or bred in captivity, which is described in Schedule 1 ; Schedule 2 ; Schedule 3 ; and Schedule 4 . It can also be described as animals which live under human care.
‘Chief wildlife warden’- It is the statutory authority that heads the wildlife department of a state.
‘Circus’- It refers to the establishment where animals are made to perform and various tricks are performed on them.
‘Closed area’- Area which is declared closed for hunting and where hunting is prohibited. It is described in sub-section (1) of Section 37 of Wildlife Protection Act, 1972.
‘Collector’- It is a person who is the chief officer in charge of the revenue administration of a district.
‘Commencement of this Act’- The commencement of the provisions of the Wildlife Protection Act in the state.
‘Dealer’- Refers to any person who is engaged in the business of buying and selling animal articles, captive animal, trophy, uncurled trophy.
‘Director’- It refers to a person who has been appointed as the Director of Wildlife Preservation, described in sub-section (1) of Section 3 .
‘Forest Officer’- Refers to the forest officer appointed for the wildlife protection, as described under clause 2 of Section 2 of Wildlife Protection Act, 1972.
‘Government Property’- It refers to any property belonging to the government or is in possession of the government, and as described in the provisions of Section 39 of the Wildlife Protection Act,1972.
‘Habitat’- Any land, water, vegetation which is a natural home of the wild animals.
‘Hunting’- It includes poisoning, killing, trapping any wild animal or making an attempt to do so. It also includes driving any animal for any particular purpose, injuring any wild animal or any of their body parts or killing the eggs of reptiles and birds, or disturbing the nest or eggs of the reptiles or birds.
‘Land’- It refers to canals, creeks and other various water channels, rivers, lakes, reservoirs, either artificial or natural.
‘License’- It refers to any license which has been granted under this Act.
‘Livestock’- It includes cows, buffalos, donkeys, goats, camels, sheep, pigs, mules, yaks, bulls, horses and also their young ones.
‘Manufacturer’- Means anyone who makes or manufactures articles made of wild animals.
‘Meat’- It includes blood, bones, flesh, fat, eggs, sinew, other than vermin, it can be either cooked or raw, of a wild animal.
‘National park’- Means an area declared by the government as a national park for the protection of animals, as described under section 35 or section 38 , or under sub-section (3) of section 66.
‘Notification’- Notification given by the government for the establishment, maintenance of the wildlife sanctuaries, national parks or any notification published in the Official Gazette.
‘Permit’- It refers to permission granted under this Act or any provisions or rules of this Act.
‘Person’- It includes any person and also a firm.
‘Prescribed’- It refers to anything prescribed by rules under this Act.
‘Recognised zoo’- It refers to the zoo prescribed under section 38.
‘Reserve forest’- The area which is declared as reserved for forest by the State Government under this Act, as described under section 20 of The Indian Forest Act, 1972.
‘Sanctuary’- Means an area which has been declared as sanctuary and as described under section 26(A) , or section 38 or sub-section (3) of the Wildlife Protection Act,1972.
‘Specified plant’- Refers to any plant which has been specified to be protected and as described under Schedule 4 of this Act.
‘State Government’- Administrator of that union territory appointed by the President under Article 239 of Indian Constitution.
‘Taxidermy’ – It refers to preserving the dead animals, or any body part partly or wholly in the form of trophies, or skins, rugs, specimens in mounted form by the process of taxidermy or antlers, feathers, teeth, masks, eggs, nests, rhinoceros horns in the form of trophies.
‘Uncured trophy’- Refers to trophies which have the mounted body part of the wild animal or wild animal wholly, which includes freshly killed animal, mask or other animal product which has not undergone the taxidermy process.
‘Vehicle’- Means anything which is used as conveyance in the land, water or air and which includes buffalo, camel, donkey, bullock, horse, mule and elephant.
‘Vermin’- Refers to animals which are dangerous to the crops, farm animals or animals which carry various kinds of diseases, as described in Schedule 5 of this Act.
‘Weapon’- It refers to any instrument which is capable of killing or proves to be dangerous for the life of wild animals such as bows, arrows, ammunition, firearms, explosives, hooks, nets, traps, knives, snares.
‘Wild Animals’- This refers to any animal which is of wild nature as compared to other species of animals and includes any animal which is specified in Schedule 1, Schedule 2, Schedule 4 or Schedule 5 wherever it is found.
‘Wildlife Warden’- It means any person appointed by the advisory board members and as specified in Section 4 of this Act.
‘Zoo’- A licensed dealer who kept captive animals for the public exhibition but not for circus or any other purpose, it can be either stationary or mobile.

Director of Wildlife and Chief Life Warden

Director of wildlife preservation .

The Central Government is empowered to appoint the Director of Wildlife Preservation under Section 3 .
The Director shall be subjected to general or specific directions by the Central Government.
The Central Government can also appoint any other officers as it may be deemed necessary.

Chief Wildlife Warden

The State Government is required to appoint the Chief Wildlife Warden, Wildlife Wardens, and Honorary Wildlife Wardens under Section 4 respectively.
The Chief Wildlife Warden will be subject to the general or special directions of the State Government.

Power of delegation of the Director of wildlife preservation and Chief Wildlife Warden

The respective persons in position, such as the Director and the Chief Wildlife Warden, are supposed to report it to the respective governments.
They are empowered under Section 5 to delegate their powers with the prior approval of their governments and by order in writing.

Constitution of the National Board for Wildlife

The Wildlife (Protection) Amendment Act, 2002 , added Section 5A for the Constitution of the National Board for Wildlife (‘The Board’).

Composition of the Board

The Prime Minister is the chairperson of the National Board of Wildlife.
The Board is to be constituted within three months of the amendment in the Act.
The function of the Board, as specified under Section 5C , is to promote the conservation and development of wildlife and forest.
It can also frame policies and advise the central and the state governments on ways and means of promoting wildlife conservation and effectively controlling poaching and illegal trade of wildlife and its products.

Duties of Board

The Board is supposed to publish a status report at least once in two years on the condition of wildlife conservation in the country.
The Board is required to make recommendations on the setting up of and management of national parks, sanctuaries, and other protected areas where certain activities are prohibited.
The Board can declare protected areas under the Act as sanctuaries and national parks under Section 18 and Section 35 respectively.
The Board can delegate its duties to the Standing Committee under Section 5B(1) .

Constitution of the State Board for Wildlife

The Act also establishes a State Board for Wildlife under Section 6 with the Chief Minister of the State as its Chairperson and the Administrator, as the case may be, in the Union Territory.
The Board includes ten persons to be nominated by the state government from amongst eminent conservationists, ecologists, and environmentalists including at least two representatives of the Scheduled Tribes.
The National Board is also supposed to nominate ten persons at the central level.

About the procedure and duties of the State Board

The State Board is required to meet at least twice a year under Section 7 .
They are under an obligation to advise the state government to formulate policies for the protection and conservation of wildlife and specified plants under Section 8 .
They are also required to advice for the selection and management of areas to be declared as protected areas.
Further, they have to advice in matters relating to the amendment under the Fourth and Fifth Schedule of the Indian Constitution, including measures to be taken for harmonising the needs of the tribals and other forest dwellers.

Grant of permit for special purposes under Wildlife Protection Act, 1972

Section 12 .

This section states that permission for hunting can be granted for special purposes. Under this section, it will be lawful for the Chief Wildlife Warden to grant permission for hunting by giving an order in writing and collecting the prescribed fee from that person so that he may be entitled for hunting for special purposes. Provided that such a permit should be granted with previous permission of the Central Government or State Government. Such special purposes are given below-

For the purpose of education.
For scientific research such as shifting of a wild animal to different habitats to observe the scientific changes in them.
For scientific management such as to maintain the healthy population of any kind of particular species.
For collecting the specimens of various kinds from the animal body so as to display it in a museum or any such similar institutions.
For collecting the snake venom for manufacturing various kinds of medicinal drugs.

Cancellation or suspension of license under Wildlife Protection Act, 1972

This section states that the Chief Wildlife Warden or any such authorised officer can cancel or suspend the license of a person, by general or special order of the State Government in writing and also provide such valid reasons for the suspension or cancellation of the license.

Scheduled species under Wildlife Protection Act, 1972

The Wild Life (Protection) Act, 1972 has been divided into six schedules. Each schedule gives a varied form of protection. Schedule 1 and Schedule 2 provide absolute protection to the wild animals and for the violation of such provisions the penalty charged is very high. While in Schedule 3 and Schedule 4 animals are protected here but the penalty charged is low. Schedule 5 states the list of animals which can be hunted and Schedule 6 states the list of specified endemic plants which are prohibited for cultivation and planting.

Schedule 1

It contains the following animals namely Andaman wild pig, cheetah, black buck, Indian gazelle, Indian Bison or Gaur, golden cat, hoolock, gangetic dolphin, fishing cat, clouded leopard, chinese pangolin, dugong, Indian elephant, hispid hare, golden cat, desert fox, caracal, desert fox, panther, musk deer, pallas’s cat, pygmy hog, Indian wild ass, marbled cat, slow loris, rhinoceros, snubfin dolphin, tibetan wild ass, tibetan wolf, nilgiri tahr, red panda, leopard cat, wild buffalo, shapu, rusty-spotted cat.

It contains the following amphibians and reptiles namely Peacock marked soft-shelled turtle, crocodiles, Indian egg-eating snakes, logger head turtle, golden gecko, terrapin turtle, yellow monitor lizard, green sea turtle, leathery turtle, hawksbill turtle, ganges soft-shelled turtles, audithia turtle, gharial, large bengal monitor lizard, water lizard, pythons.

It contains the following fishes namely Whale shark, himantura fluviatilis, urogymnus asperrimus, rhynchobatus djiddensis, anoxypristis cuspidata, glyphis gangeticus, pristis microdon, glyphis glyphis, carcharhinus hemiodon.

It contains birds namely Bengal florican, large falcons, Andaman teal, black-necked crane, swiftlets, monal pheasants, white winged wood duck, large falcons, Great Indian bustard, mountain quail, peafowl, tibetan snow cock, white-eared pheasants, pink-headed duck, great Indian hornbill, narcondam hornbill, tragopan pheasant, fish-eating eagle, siberian white crane, white-bellied hereon, hill myna, vultures, kalij pheasant, tibetan eared pheasant.

This contains the list of crustacean and insects namely comic oakblue, cornelian, sapphires, hedge blue, sophisa Chandra, helcyra hemin, admirals, butterfly, tigers, crow black spotted, crow blue spotted, lycaenops, orchid, dillpa morgiana, family pieridae, polydorus coon sambilana, delias samaca, cyllogenes janetae, erebia annada, lethe Europa tamnua, papilio elephenor, symbrenthia silana, polydorus nevilli, colias dubi ,lethe ramdeva, elymnias peali, polydorus coon sambilana, polydorus hector, aporia harrietae harrietae, ypthima doherryi persimilis etc.

This contains the list of coelenterates namely orange pipe coral (Tubipora musica), reef building coral which includes all scleractinians, fire coral which includes all millepora species, black coral which includes all antipatharians, sea fan which includes all gorgonians.

It includes list of mollusca such as tudicla spirallus, cypraecassis rufa, cassis cornuta, tridacna maxima, nautilus pompilius, conus milneedwardsi, tridacna squamosal.

It includes Echinodermata sea cumber which includes all holothurians.

It includes bonnet macaque, Bengal porcupine, common langur, assamese macaque, stump tailed macaque, ferret badgers, wild dog or dhole, pig tailed macaque, Himalayan crestless porcupine, chameleon, Himalyan newtor salamander, spiny tailed lizard.

It includes species of beetles and other animals namely stichophthalma nourmahal, enispe cycnus, family amathueidae, discophora dea deadites, faunis sumens assama, amathuxida amythaon amythaon, aemona amathusia amathusia, discophora lepida lepida, family carabidae, gopala pita, acrocrypta rotundata, bimala indica, amara brucei, broscosma gracile, family cucujidae, family danaidae, cucujus bicolor, halpe homolea, amblypodia aenea, charana jalindra, horage onyx, lampides boeticus, everes kala, nacaduba ancyra, mahathala ameria, pratapa deva, rapala icetas, spindasis lohita, tajuria sebonga, tajuria thyia, civets (all species of viverridae Malabar civet), common fox, flying squirrels, king cobra, red fox, weasels, Indian cobra, rat snake, sloth bear, jungle cat, marmots, Himalayan black bear, olivaceous keelback, sperm whale, otters, martens, Himalayan brown bear, checkered keelback snake,jackal, common fox, dog faced water snake, grey jungle fowl, Russel viper, mongooses, varanus species excluding yellow monitor lizard.

This schedule includes the list of following animals- barking deer, wild pig, chital, sambar, hegdeer, nilgai, hyaena, gorals.

This schedule includes Indian porcupine, birds other than those which appear in other schedules, polecats which includes vormela peregusna, mustela putorius, five striped palm squirrel, babblers, hedge hog, flamingos, buntings, finches, bulbuls, falcons, bustard qualis, fairy bluebirds, chloropsis, egrets, comb duck, ducks, coots, drongos, cormorants, doves, cranes, cuckoos, darters, curlews, megapodes, flowerpeckers, mannikins, flycatchers, magpies, geese, lorikeets, goldfinch and allies, larks, grebes, kingfishers, gerons, junglefowl, ibises, jacanas, iorars, minivest, owls, pigeons except the blue rock pigeon, starlings, pelicans, partridges, blue jays, pelicans, pipits, stone curlew, spurfowls, plovers, storks, sandgrouses, stilts, swans, thurushes, sunbirds, snipes, oystercatchers, orioles, nightjara, mynas, starlings, tree pies, weaver birds, woodpeckers, amilidae, wrens, viperidae, elapidae, hydrophidae, uropeltidae, typhlopidae, butterflies and moths, freshwater frogs, tortoise, three-keeled turtle, polytrema sinensis, tarucus ananda, polytrema discreta, euthalia lubentina, pelopidas assamensis, mollusca.

Schedule 5

This schedule includes rats, common crows, mice, fruit bats, jackal, bats.

It includes blue vanda, red vanda, pitcher plant, kuth, beddomes cycad, ladies slipper orchids, pitcher plant.

Sanctuaries under Wildlife Protection Act, 1972

Section 18 .

This section deals with the declaration of the sanctuary. The sanctuaries are declared by the State government. They have the authority to declare any area as a sanctuary by an official notification any area as wildlife sanctuary, provided that area is not already a reserve forest or have territorial waters. Any area to be declared as a sanctuary should have adequate floral, zoological significance, and adequate ecological, faunal significance for the proper protection and preservation and also for developing proper environment for wild animals.

Under section 19 the collector has to determine the nature, extent of a right of any person in or over the land which has been declared as a wildlife sanctuary. He has a right to inquire into the interference of any person with the land which has been reserved as wildlife sanctuary.

The notification which has been issued by the state government shall be published in all regional languages by the collector in every town or village, specially in the neighbourhood of the area comprising therein so as to specify the restrictions and limitations of the wildlife sanctuary. It also gives a chance to any other person claiming right over the property to present before the collector within two months from the date of such proclamation. The claim made by such a person must be in written form and should contain the necessary details, the amount, compensation details, if any, claimed in respect of such claim of property.

The collector after publishing such notice, should enquire on such claimant. It should ensure that such a person who is claiming on the property which has been declared as wildlife sanctuary has actual right on it and the claim preferred before him was presented according to the section 21 of the Wildlife Protection Act. This can be ascertained from the evidence presented by such a person or from the records of the State Government.

Section 23 talks about the powers of the collector which he may exercise during the due course of enquiry. The collector has an authority to send any official or to himself enter in or upon any land for the purpose of investigation, demarcate and make maps of the same.it has power to approach civil court for the trial of suit.

Section 24 and Section 25

Under this section, the collector has to pass an order by rejecting or either by admitting the claim of a person claiming right over a property which has already been declared as the National Park or Sanctuary or Zoo. He can admit or reject the claim either in whole or in part. If the claim is accepted by the collector in whole or in part he shall exclude such land from the list of restricted areas or the areas which has been declared as wildlife sanctuary, or collector may pass an order to proceed to acquire such land by the agreement between the owner of the land and government has agreed to surrender his or her rights upon such property and compensation for the same can be paid, or can allow use of such land by the owner of the land within the limit of sanctuary with the consultation of the Chief Wildlife Warden. The collector may provide compensation in form of money or partly in property with the consent of court or with the consent of claimant.

Section 27

This section talks about the restriction in the sanctuary.

It states that no person shall enter or reside in the limits of the sanctuary other than the public servant who is on duty, any person who has taken a permission from Chief Wildlife Warden or any authorised officer who has taken the permission to reside within the limits of the sanctuary, any person who has a lawful right over the immovable property within the limits of the sanctuary, any person who is passing by the sanctuary through a highway and also the dependents of the authorised officer, dependents of the person having right over immovable property, or the dependents of a person who is staying within the limits of the sanctuary.
It states that any person who resides within the limits of the sanctuary is bound to not commit an offence, if it is found that any kind of offence is done against the Act, such a person is bound to help in finding the offender, he or she is bound to report the death of any wild animal and also to take the charge of such an animal until the Chief Wildlife Warden takes the charge thereof, such a person is bound to extinguish any fire in such sanctuary of which he has knowledge or wherein a reasonable man could have known, such a person is also bound to assist the forest officer or chief wildlife warden or police officer in investigation of the offence.
No person herein concerned shall molest any wild animal and should not be causing any damage, destroy, move or alter the boundary of the wildlife sanctuary.

Hunting and poaching are prohibited under the Act with exceptions

The Act prohibits hunting of wild animals specified in Schedules I, II, III, and IV including Indian Elephant, Indian Lion, Snow Leopard, Tiger, and Great Indian Bustard to name a few under Section 9 . However, the ban on hunting is not absolute and it can be permitted in certain cases under Section 11 .

Hunting under Section 11

Wildlife animals protected under Schedule I of the Act can be hunted only by the permission of the Chief Wildlife Warden. Only if that animal proves to be dangerous to the life of the human being or is so disabled or diseased as to be beyond recovery.
The Chief Wildlife warden can permit, by an order in writing and on his satisfaction with reasons, that the animal cannot be captured, tranquilised, or translocated in such a manner as to cause minimum trauma to the animal.
Capturing the animal to be kept in captivity has to be done only when the Chief Wildlife Warden is satisfied that the animal cannot be rehabilitated.
Wildlife animals under Schedule II, III, and IV can be hunted by the permission of the Chief Wildlife Warden or the authorised officer if that animal has become dangerous to human life or property (including standing crops on any land).
The animal can also be hunted, if it is disabled or diseased as to be beyond recovery. The same process has to be followed by the Chief Wildlife Warden to permit the hunting of animals or a group of animals for the specified reason in the specified area.
Section 11 also allows the hunting or wounding of any wild animal in bodily defence only if it has to be done in good faith and that harmed animal will be the government’s property. But claiming defence should not preclude the person’s liability under the Act if he was committing an offence under it.

Hunting under Section 12 is permitted

Apart from these, the Chief Wildlife Warden can permit hunting for the purpose of education, scientific research, and scientific management to a person who has fulfilled the requisites under Section 12 including the payment of prescribed fees.

Hunting rights of scheduled tribes under Section 65

Section 65 protects the hunting rights of the scheduled tribes in the Union Territory of the Andaman and Nicobar Island which shall not be affected by any provision under the Act.

Under Section 39 hunted animals to be government property

Any animal held captive or hunted under any provision of this Act or under Section 11 or Section 29(1) or Section 35(6) , or are found dead or killed by mistake will belong to the state government.
But this shall not include vermin. Vermin are pests that cause nuisance and the central government has the authority to declare any wildlife as vermin under Section 62 .
Any animal trophy, article, or uncured trophy or meat derived from the animals referred above will also belong to the government.
If the animal is hunted in a sanctuary or national park declared by the central government, then that property shall belong to the central government under Section 39(1) .

Under Section 51 on the violation of laws under Wildlife Protection Act, 1972

Under Section 51 of the Act, any violation of the laws and rules as specified under the Act will lead to imprisonment which may extend to three years, and a fine which may extend to twenty-five thousand rupees.
Any offence against the wildlife animals protected under Schedule I or Part II of Schedule II would lead to imprisonment for a minimum of three years and a minimum fine of ten thousand rupees.
Further, if the meat of any such animal as specified in the above category, or animal article, trophy, or uncured trophy derived from such animal, this will also be punishable as same as above.
Lastly, if the offence relates to the hunting of animals in a sanctuary or a National Park, this will also be punishable as the same as above.
Subsequent violations will result in the punishment for a maximum of three years and a minimum fine of twenty-five thousand.
The Court, trying the accused persons in the above offence, can order the state government to forfeit any of the materials made out of the wildlife animal. The license of the person can also be seized.

The recognition of protected areas under Wildlife Protection Act, 1972

The Act categorises certain areas as protected areas in the form of sanctuaries and national parks under Section 18 and Section 35 respectively.

Sanctuaries as a protected area

Under Section 18, the State Government can declare a certain area as a sanctuary, if it has adequate ecological, faunal, floral, geomorphological, natural, or zoological significance, for the purpose of protecting, propagating or developing wildlife or its environment.
Currently, there are 566 wildlife sanctuaries existing in India.
Recently, Ramgarh Wildlife Sanctuary was declared as the 52nd wildlife sanctuary by the state government of Rajasthan and the National Tiger Conservation Authority (‘NTCA’).
For the purpose of declaring a sanctuary, the area must not be a reserve forest or territorial waters and a visiting permit can be given for the purpose of scientific research, tourism, photography, and transacting lawful business with the person residing in the sanctuary.

On the rights of persons affected

The rights of the persons affected when the government acquires land for the purpose of establishing a sanctuary will be dealt with by the collector appointed by the State Government.
The collector is supposed to publish a notification in the regional language and any person having objection can file the same in writing and within two months of such proclamation as specified under Section 21 .
The Act further allows the collector to inquire on the objections which he may accept or reject, based on his finding.
Once the objections are rejected, the collector is required to go forth on the proceedings to acquire the lands in pursuance of his powers under the Land Acquisition Act, 1894 (as amended in Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 ).

National parks as a protected area

Under Section 35, the State Government can declare an area as a national park based on its ecological, faunal, floral, geomorphological, or zoological importance. That area may also be a sanctuary.
The State Government shall vest the land rights of that area but cannot alter its boundaries without the prior approval of the national wildlife board.
No person has the right to destroy or damage the forest produce or divert the wildlife habitat of any animals in the national park.
Currently, there are 104 national parks recognised and existing in India under the Act.
The state government can declare an area as a National Park by official notification if it finds that such an area is by reason of its ecological, faunal, floral, zoological association deems fit for the purpose of establishing a national park and developing wildlife therein or its environment. The notification should declare the limits of an area which has to be declared as National Park.
When an area is to be declared as National Park shall apply for the investigation and determination of claims with respect to the area concerned. When the period for claims has elapsed and if any claim has arisen in relation to the land in question have been disposed of by the State Government, then all rights over the area which has to be declared as national park will be vested in the State Government.
The alteration of the boundaries of a National Park cannot be made unless there is a resolution passed by the state legislature.
No person should destroy or damage or exploit or remove any species of wildlife in the National Park except he or she has the permission granted by the Chief Wildlife Warden. Chief Wildlife Wardens can grant such permits to the concerned person only when the State Government is satisfied that such destruction, damage or exploitation is necessary for improvement, maintenance of the wildlife in the National Park.
The livestock grazing is not allowed within the limited area of the National Park. There is an exception to this rule, only the person who has the permission to enter such a National Park and he or she is using such an animal as a vehicle, then the permission is granted for the livestock grazing.

Central Government’s power to declare the National Tiger Conservation Authority

The Central Government has the power to declare an area as a sanctuary or national park under Section 38 , provided that the requirements of Section 18 are fulfilled.

Under Section 38K

The central authority for the conservation of tigers known as the NTCA (National Tiger Conservation Authority) can also be declared by the government under Section 38K .

Under Section 38L

The Constitution of the NTCA is specified under Section 38L . The NTCA is headed by the Ministry of Environment, Forest, and Climate Change as its chairperson .
It also includes a vice-chairperson, three members of the Parliament, eight experts or professionals with qualified knowledge in wildlife and the welfare of people living in tiger reserves, including several other members.

Under Section 38O

The functions and powers of NTCA as specified under Section 38O include approving the Tiger Conservation Plan made by the state government under Section 38V .
The Wild Life (Protection) Amendment Act, 2006 , added Section 38V which talks about the tiger conservation plan and allows the state government in consultation with the NTCA to declare a particular area as a tiger reserve.
NTCA has to lay down normative standards for tourism activities including guidelines for project tiger.
It has to ensure that the protected areas including tiger reserves and areas linking one protected area to another are not diverted for ecologically unsustainable uses.

Under Section 38U

A Steering Committee is also to be constituted under the Act for the purpose of the state governments to monitor, protect, conserve tigers and co-predators under Section 38U .
The Steering Committee shall be headed by the chief ministers of the respective states and the state Minister-in-charge of the wildlife as the vice-chairperson.

Under Section 38V

Section 38V deals with the tiger conservation plan. The plan is to be prepared by the state government. It includes staff development and a deployment plan for the proper management of a tiger reserve.
Tiger reserves shall also include core or critical tiger habitats areas of national parks and sanctuaries. It may also include buffer and peripheral areas as well.
The plan must ensure the protection of tiger reserves, ecologically compatible land uses in the tiger reserves, and other areas linking the protected areas for the purpose of ensuring livelihood concerns of the local people and providing site-specific habitat inputs for an increase in tiger population.

Under Section 38X

Section 38X allows a State Government to establish a tiger conservation foundation within the state to facilitate and support the working of the tiger conversation.
To facilitate the ecological, social, and cultural development of the tiger reserves and to promote eco-tourism.

Central Zoo authority under Wildlife Protection Act, 1972

Zoos play a vital role in the preservation of wild animals. Section 38A to 38J establishes central zoo authority in India with the objective to conserve biodiversity, particularly animals as per the National Zoo Policy, 1998 and the National Zoo Rules, 1992 (as amended in 2009).

Under Section 38A

Section 38A allows the Central Government to establish a central zoo authority with the chairperson, member-secretary, and ten other persons as its members.
These members shall be appointed by the Central Government.

Under Section 38B

The chairperson and the other ten members shall hold the office for three years and they can send their resignation letter to the central government under Section 38B .
The Central Government can remove the chairperson and other members from the office, if they become insolvent, get convicted, becomes or are declared as of unsound mind, and refuses to act.

Function and procedure of the zoo authority

The authority is supposed to recognise and derecognise a zoo and assess the functioning of zoos under Section 38C .
The recognition of a zoo takes place as per the conditions laid down under Section 38H .
It also has to ensure the coordination of training of zoo personnel in India and outside.
The authority is required to lay down the minimum standards for housing, upkeep, and veterinary care of the animals in zoos.
The authority has the right to regulate its own procedure under Section 38D .

Trade and commerce under Wildlife Protection Act, 1972

Section 39 .

This section says all the wild animals are Government Property. It states-

wild animals other than vermin, also wild animals which are found dead, or killed by mistake, Trophy or uncured trophy or other animal article or meat derived from the wild animal, ivory imported to India or any article made by such ivory, any vessel, weapon, trap, tool used to hunt the wild animal in the Zoo shall be the property of the State Government and in case of a National Park or Sanctuary then such will be the property of the Central Government.
Any person who possesses any Government property, within the time of 48 hours should return it to the nearest police station or authorised officer.
No person shall without the prior permission of the Chief Wildlife Warden acquire or keep anything in his possession or control, transfer such property by way of gift or sale, destroy or damage such government property.

This section talks about the regulations in the trade and transfer of the animals. It states-

A person who doesn’t have the certificate of ownership, shall not in any case sell or offer to sell by the way of sale or by the way of gift any wild animal which are specified in Schedule 1, Schedule 2, they shall not make any article containing part or whole of any animal part or body, should not be involved in the process of taxidermy except when they have the permission from the Chief Wildlife Warden.
If any person is shifting from one state to another and acquires by transfer any animal article, trophy or any uncured trophy from the state in which he used to reside earlier. Such transfer should be within 30 days reported to the Chief Wildlife Warden or any authorised officer whose jurisdiction the transfer has effected. No person who does not possess the ownership certificate should involve in any act of transfer of any animal or animal article or any uncured trophy.
While issuing the certificate the Chief Wildlife Warden should do a proper enquiry, shall investigate to whom the earlier ownership certificate belongs to and then issue a fresh certificate in the name of the new owner. Also he or she may affix the identification mark on the body of the animal or uncured trophy or animal article.

A summarized version of the provision is provided hereunder:

No person shall have the possession, control, custody, sell or offer for sale animals including the trophy or uncured trophy, article, salted or dried skins of such animals belonging to Schedule I or Part II of Schedule II, without the prior permission of the chief wildlife warden of the state under Section 40 .
Animals belonging to Schedule I or Part II of Schedule II are termed as scheduled animals as per Section 49A(a) .
An exception to Section 40 is Section 40(A) where the Central Government, by notification, may allow the same without a declaration.
If persons are in possession of the animals, animal articles, or trophies, before the commencement of the Act, they must declare it to the chief wildlife warden within 30 days the number and description of animals.
No person can acquire, receive, possess, custody, or keep in control of any scheduled animal after the 2003 Amendment.
Any person inheriting the same shall also make a declaration within 90 days to the Chief Wildlife Warden under Section 40(2B) .
A lawful possession under Section 40 can also be acquired as per Section 42 by the Chief Wildlife Warden. A certificate of ownership will allow the person to keep the animals in custody or in possession. However, the sale or transfer of the animals even after the certificate of ownership is prohibited under Section 43 without proper authorisation from the Chief Wildlife Warden.
A person who has acquired the license cannot capture, control, or take possession of the animal, animal article, uncured trophy, or trophy if a declaration has not been made under Section 44(2) . A licensee cannot offer for sale or transport the animals.
Further, no person can commence a business as a manufacturer or dealer of any animal trophies or articles derived from the scheduled animal under Section 49(B) .

Prevention of offence under Wildlife Protection Act, 1972

The authority to arrest, enter, search, and detention rests with the Director, Chief Wildlife Warden, Forest Officer, and police officer, not below the rank of sub-inspector under Section 50 .
The authorises can require such persons to produce for the purpose of inspection any animal, animal article, trophy, specified plant, etc.
They can stop and research any vehicle or conduct an inquiry by entering upon a premise or land and seize any captive animal, article, trophy, or uncured trophy, etc. Any person detained shall be taken to the Magistrate.
The power to issue an arrest warrant, compel the attendance of witnesses, receive and record evidence is given to any officer, not below the rank of an Assistant Director of Wildlife Preservation or an officer not below the rank of Assistant Conservator of Forests authorised by the State Government.
Notwithstanding with anything contained under any other law in force in the country if any authorised officer or the Director or any other person authorised by him or any other person authorised by the Chief Wildlife Warden or by Chief Wildlife Warden himself or any forest officer or any police officer who is not below the rank of sub-inspector has certain reasonable grounds that any person has committed any offence against this Act-
Can ask such person to produce the required documents or any licence, permit for the inspection of the captive animal, plant or part or derivative of any animal under his control, trophy, uncured trophy, animal article, meat, any specified plant
Can stop any vehicle or vessel for the required search or inquiry of any land, vehicle, premises, any baggage or any other things of such kind in his possession
Can seize any such animal article, vehicle, vessel, weapon, captive animal, meat, trophy, wild animal, uncured trophy, plant or any part of it unless such authorised person is satisfied that person who has committed crime against this Act will appear and answer any charge which is preferred against him. If the fisherman residing within 10 kms of a Sanctuary or National park uses a boat not used for commercial fishing, in the territorial waters in the sanctuary or national park, no such boat will be seized.
Any authorised person can order to stop any activity done by a person without any ownership certificate or licence or any permit, provided that according to this Act the permit or licence is required for such act. It is even lawful for the authorised officer to detain any person, to arrest such person unless if he satisfies the officer arresting him that he will duly answer any summons or proceedings which may be taken against him.
Any person detained or the things which were seized in the course of exercising the power by any authorised officer, shall be produced before the Magistrate to be dealt in accordance with the law.
Any person who has been suspected of acting unlawfully under this Act, if fails to produce the required documents, permit or licence or fails to prove his innocence shall be guilty for an offence under this Act.
Where any uncured trophy, wild animal, meat, plant or any derivative of it has been seized by authorised officer, such authorised officer can arrange the sale of the same and will acquire and use the proceeds as may be prescribed under this Act. If it was proved that such property does not belong to the Government then such sale proceeds will be given to the owner.
If any person approaches any authorised officer for prevention or detection of an offence, such assistance must be provided by the authorised officer.
No person who is below the rank of Assistant Director or Wildlife Chief Warden shall have the power to issue the warrant, to compel any person to produce any document, to receive any evidence or to issue a search warrant.

Cognizance of offences under Wildlife Protection Act, 1972

This section states that no court should in any case take the cognizance or knowledge of any offence committed against this Act on the complaint of any other person than the Chief Wildlife Warden or any other person authorised in his behalf by the state or the Director of the Wildlife Protection or any other person authorised on his behalf or any person who has been given a notice of 60 days to make a complaint of the alleged offence to the Central Government or State Government or any authorised officer therein.

Forfeiture of property derived from illegal hunting and trade

In the Wildlife Amendment Act of 2002, a new chapter was incorporated which is Chapter 6(A). This chapter states that if any person or any group of persons or any trust acquired any property from illegal hunting or prohibited trade of wild animals under this Act the property would be forfeited by the State Government by the authorised officer. Such forfeiture of the property by the State Government can be done by the procedure established by law and by taking necessary steps such as investigation, search or survey of any property, place, people or documents. If it was found that only a part of property was acquired illegally, such a person would be given a chance and will be asked to pay the fine which is equivalent to the market value of the property.

Current status of wildlife development under Wildlife Protection Act, 1972

Project tiger conservation.

Project Tiger Conservation was launched in 1973 to ensure and maintain the population of Bengal tigers. The project tiger is still ongoing with the help of the Ministry of Environment, Forest, and Climate Change.

It allows for the adoption of a conservation plan as specified under Section 38V by the state government for the protection of tiger reserves and their specific habitats. This is for maintaining their population. It is also to maintain ecologically compatible land used in tiger reserves including the linking of it with other protected areas to name a few.

India along with the Kingdom of Bhutan, Bangladesh, Russia, Cambodia, China, Indonesia, Lao, Malaysia, Myanmar, Thailand, Vietnam, and Nepal also entered into the St. Petersburg Declaration to save the remaining tigers in the wild who are on the verge of imminent extinction.

Further, the NTCA in collaboration with the Wildlife Institute of India has published a document ‘ Connecting Tiger Populations for Long-term Conservation ’ under which:

Thirty-two tiger corridors have been identified for managing tiger movements.
These corridors help in streamlining the infrastructure projects and at the same time include mitigation measures for the safe passage of tigers.

The Eco-friendly Measures to Mitigate Impact of Liner Infrastructure Report is based on ‘development without destruction’ and allows for mainstreaming biodiversity at every stage of the development process.

This could have been possible by making suitable changes in various legislations such as the Forest Conservation Act, 1980; Coastal Regulation Zone Notification 2011 ; Forest Rights Act, 2006 and the Environment Impact Assessment Notification of 2006 (as amended in 2009 ). All of these legislations are in consonance with the objectives under the Wildlife Protection Act, 1972.

Project elephant

Project elephant is a central scheme that was launched by the central government in 1992. It proposed a National Elephant Conversation Authority under it to extend financial assistance to states for the protection and conservation of elephants.

They are included in Schedule I of the Act. Project tiger has also implemented the Monitoring the Illegal Killing of Elephants (‘MIKES’). Certain elephant corridors were also identified under the 2010 Report of the Elephant Task Force under the Ministry of Forest, Environment, and Climate Change. Total 88 corridors were identified under the Act.

The Courts have also come forward for the protection of elephant corridors. In a landmark judgment of A. Rangarajan v. UOI (2018) , the Court ordered the Tamil Nadu government to close all the illegal resorts in the Nilgiri hills within 48 hours as around that area, the main elephant corridor is there.

Conservation reserves and community reserves as protected areas added by the 2003 amendment

There has been a continuous amendment in the Acts such as the 2003 Amendment that extended the concept of the protected area beyond the sanctuary and national park to include conservation reserves and community reserves under Section 36A and Section 36C respectively.

Conservation and community reserves are referred to as buffer zones and migration corridors which are established in between the protected areas such as the national parks and sanctuaries. Currently, there are 97 conversation reserves and 214 community reserves respectively. Recently, in 2020, Tillari in Maharashtra was declared as a conservation reserve.

This was proposed in the National Wildlife Plan (2002-16) . The centrally sponsored scheme (Integrated Development of Wildlife Habitats) was based on the principle of ecocentrism which is nature-centric and allows the human interest to be harmoniously balanced with non-human needs. Protected areas are important and have been globally accepted within the planning approach for the protection of wildlife and conservation of biodiversity.

Wildlife corridors

Recently, India’s first urban wildlife corridor is being planned between New Delhi and Haryana. The corridor is near the Asola Bhatti wildlife sanctuary to provide safe passage to wildlife animals such as leopards and other animals.

Wildlife corridors hold a lot of importance in India as these are connected with the protected areas and allow the movement of animals without interfering in human settlement. Often animals in the southern region travel from the protected reserves to other places in search of water.

In such cases, wildlife corridors play a major role such as the Mudahalli Elephant Corridor is connected with the Sathyamangalam Tiger Reserve which usually faces drought during summers. Because of this, many mammals migrate to Karnataka and Kerala forests in search of water. But because of the corridor, the movement of animals did not interfere with the human population.

That is why wildlife corridors are important to minimise human-wildlife conflict.

Improvements needed in the Wildlife Protection Act, 1972

Issues of poaching and illegal trading persist .

The issue of illegal poaching and trading has not been effective as it is still prevalent in many parts of India such as the smuggling of ivory tusk in Karnataka and Odisha . According to the World Wide Fund (‘WWF’) for Nature’s wildlife trade monitoring network ( TRAFFIC ), the demand for wildlife doubled during lockdown since people took up trading in wildlife as an alternative source of income. There was also an increase in the demand for meat consumption.

In states like Karnataka, Andhra Pradesh, and Jharkhand, Pangolin may become an extinct species as there is an alarming increase in the seizure of its scale and meat.

Using animal skin has been a constant threat to wildlife in India. During the lockdown, since a lot of people took up trading, the use of animal skin such as that of Leopard increased too. In Jammu, the Wild Life Protection Department seized leopard skin and other body parts. Leopard is protected under Schedule I of the Wild Life Protection Act.

Recently, in Odisha, more than 10 leopard skins were seized in three different districts. In the last year, more than 26 leopards have been poached. In one decade, 150 leopards have been poached and hunted across Odisha and their skin and bones have been traded for money in the international market.

The Act does not cover obligations under CITES

Further, the government has recently approved the Char Dham project which is in conflict with the objective of the Act. The Act does not cover India’s obligation under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (‘CITES’) . The CITES is an international treaty that regulates the trade of wildlife species so that their survival is not endangered.

Moreover, the government on 11th June 2020, passed an advisory granting amnesty to individuals in possession of exotic life specifies protected under CITES. Exotic live species under CITES are those animals or plants that have moved from their original location to a new one. Since then, the trafficking of exotic live species has increased drastically. According to the Smuggling in India Report 2019-2020 , there is a considerable increase in the smuggling of endangered and exotic fauna from different parts of the world to India. This is unfortunate.

Freshwater fish species remain threatened

According to the International Union for Conservation of Nature’s (‘IUCL’) Red List, freshwater fish species are currently declining in India. But they are still not at the edge of extinction. The contributors to that are pollution, decreasing water levels, and the loss of river habitats since fisheries experts are not consulted before building dams in India.

Great Indian Bustard remains endangered

Great Indian Bustards (‘GIB’) are dying in the different sanctuaries because of collisions with windmills and overhead cables. Recently, as reported by the Gujarat government in the last year no GIB has been spotted in the Kutch Bustard Sanctuary .

Consistent decline in the population of migratory birds

India’s bird population is sharply declining including that of migratory birds according to the State of Birds’ Report 2020 by 80%. The population of migratory birds is declining because of contractual farming and constant inference in the birds’ habitats. Migratory shorebirds, gulls, and terns have declined the most and this could be a long-term decline. Some resident water birds such as swamphens, coots, and storks have declined too.

The Act does not address issues relating to climate change

Further, the law is not updated to accommodate climate change-related concerns and rapidly rising sea levels in the Sundarbans region of India and Bangladesh.

Wildlife development versus economic development

The impact of the act has not been very consistent especially, in recent years where the focus of the government has tremendously shifted to aggressive development whereas, the idea was to follow sustainable development by fulfilling the needs of the present without compromising the needs of the future generation.

The recent policies of the government or the existing acts too reflect the same notion. For instance, the power of the collector to acquire the land under the Act is the same as that in the Land Acquisition Act, 1894.

The amended act named the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 , allows the government to acquire land without the required social impact assessment, in urgent cases.

Section 40 of the 2013 Act deals with a situation where the government acquires land for the purpose of national security or defence purposes, or any natural calamity or emergency. Even though this provision might not directly impact the working under the Wildlife Act, it does anyway dilute the power of the collector.

The 2013 Act also allows for the government to acquire land of the Scheduled Caste and Scheduled Tribes.

Further, the national wildlife board has cleared certain infrastructural projects such as a railway line through the Kawal Tiger Corridor in Telangana and the railway expansion through the Bhagwan Mahavir Wildlife Sanctuary and the Mollem National Park in Goa.

The Supreme Court came down heavily on the government for giving the clearance for the railway expansion in Goa. The Court’s Central Empowered Committee constituted to study whether the clearance should be given or not has termed that the area has a fragile ecosystem. And the railway expansion will destroy it.

These wildlife clearances without proper environmental impact assessment are directly attributed to bureaucratic interference.

State of Bihar v, Murad Ali Khan, Farukh Salauddin (1988) is a case that dealt with poaching and hunting of elephants for the smuggling of ivory tusks where the court observed that the “ l argest single factor in the depletion of the wealth of animal life in nature has been the civilised man operating directly through excessive commercial hunting”.
In Balram Kumawat v. UOI (2003) , the court re-emphasised that the act puts a complete ban on the trade of African elephant ivory and there cannot be a legitimate claim of violation of the right to freedom of trade under Article 14 and Article 19(1)(g) since the ban is a reasonable restriction under Article 19(2).
Sansar Chand v. State Of Rajasthan (2010) highlighted the detrimental effect legal trading and commerce of wildlife has caused to the environment and the same is not effectively curbed despite the prohibition under the Wildlife Act. These organised crimes are transnational because there is apparently no trade taking place within India but the same is smuggled outside India to meet the demands of other countries such as poaching of tigers for the Chinese medical industry.
In Mahaveer Nath v. UOI (2019), the constitutional validity of Sections 9 and 11 was challenged on the ground that the restrictions mentioned under those Sections deprived the petitioner of his right to livelihood.
The petitioner is a member of the Nath/Sapera community who is deprived to carry out the vocation of snake charming for his livelihood except on certain days where snakes are worshipped. This community was referred to as “barefoot conservative educators” to highlight their vital role in sensitizing people to reptiles.
The petition was challenged on the ground that Section 9 has resulted in the prohibition of keeping of snakes and thus, it violates the fundamental right to trade under Article 19(1)(g) and Article 21 of the Constitution. The Court observed that Article 19(1)(g) is not an absolute right but a qualified right and reasonable restrictions can be imposed on the same for the general welfare of the public.

The Act is comprehensive and covers almost every aspect of protecting and conserving wildlife. The law’s exhaustiveness is reflected from the fact that it allows for the establishment of numerous committees and authorities that would exercise powers with specific goals such as the Tiger conservation authority. It also allows for the delegation of powers.

But with such division of powers to different authorities at times create the issue of accountability since the powers are dispersed. Too many committees and authorities tend to dilute the objective of the act the more power gets divided the better chances of failure in monitoring it arises.

The need is to have a strong regulatory framework at the centre that can create checks and balances within the sub-framework. Because just making different committees and assigning work to different authorities will not lead to wildlife conservation unless the implementation of the Act gets better. There is also a strong system needed for the protection of animals from hunting and poaching.

https://legislative.gov.in/sites/default/files/A1972-53_0.pdf
https://www.prsindia.org/uploads/media/Land%20Acquisition/bill167_20080311167_The_Land_Acquisition_Act__1894.pdf
https://www.ndtv.com/india-news/ramgarh-wildlife-sanctuary-know-all-about-indias-52nd-and-newest-tiger-reserve-in-rajasthan-2469480
https://cites.org/sites/default/files/eng/disc/CITES-Convention-EN.pdf
https://www.forests.tn.gov.in/tnforest/app/webroot/img/document/legislations/NATIONAL%20WILDLIFE%20ACTION%20PLAN%20(2002-2016).pdf
https://timesofindia.indiatimes.com/city/bhubaneswar/odisha-ivory-smuggling-racket-busted-three-held/articleshow/80893900.cms

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Biodiversity & Environment

Make Your Note

Wild Life Protection Act: Implementation and Failure

17 May 2019
GS Paper - 3
Conservation
Biodiversity Hotspots

Recently, Chennai has emerged as a hotbed of global illegal animal trade. This, along with several incidences of poaching and trafficking of wildlife, raises question on efficacy Of Wild Life Protection Act ,1972(WLPA).

The issues in WLPA: Implementational Lacuna

The power of CWLW (under sec 18-26) to carry out settlement in protected area has not started even after 46 year.
CWLW are empowered to take cognizance of destruction of wildlife , and regulate the inflow and outflow of water. But they are not acting on this front.
The Section-27 and 28 provide for regulation of entry, registration of arm licenses and inoculation of cattle to ward off diseases. There is also almost total inaction in this direction.
The amendment act of 2002 provided for confiscation of property derived from illegal hunting and trade by a confiscation tribunal. But investigation officer, confiscation officer and confiscation tribunal has not been appointed or created.
There is a conflict between legislative intent of WLPA and Forest Right Act 2006, as the resource poor farmers and tribal generally come in conflict with wildlife animals as well as forest guard.

Institutional Capacity

Forest guard are not given proper training, about problem specific to forest like species diversity, study of animal behaviour, landscape planning to cope with porosity and fragmentation, understanding of Zone of Influence, and knowledge of Animal Classification
Forest guard are not given weapons. In case of conflict with poachers, they retreat.
With increased population burden, the wildlife area, particularly the corridors are shrinking.
The Wildlife Departments don’t have the space to house rescued animals till their release orders are issued by the court.

Lack of Coordination

Conviction rate is dismal 2% for crime related to wildlife.
Even with the increase in nefarious trade in wildlife, any control mechanism is not established at international border and transport facility.
Due to lack of specialization, police and customs officers are not able to recognize tiger bones, which are exported with a different label.
Police and judges are not sensitized to animal welfare or are aware of the laws and the seriousness of the crime.
Police authorities and wildlife officers are found wanting, especially when it comes to handling, identifying and rehabilitating the live animals seized

Legal Impairment

Section 11(2) of the wild life act that is self-defence or killing animals in good faith is exploited. When forest dweller is caught with killing animals, they claim this provision to get away with it.
Punishment for crime in wildlife crime disproportionately low.
In such cases, the courier is charged under the Customs Act and the Foreign Trade (Development and Regulation) Act for not having a no objection certificate (NOC) for their "goods". The courier is then let off after paying a penalty.

Assessment of WLPA

WLPA 1972 is one of the most robust acts on wildlife protection. The implantation created a condition in which wildlife thrived. Some of the facts related to quantitative aspects of wildlife are

Way Forward

Wildlife animal definition in the WLPA, 1972 should be made more broad-based and in convergence with international emergent situation.
Gujarat: Maldharis , a nomadic tribe helped in conservation of Gir lions
Nagaland: Naga Tribe, because of the help of this tribe, Nagaland is known as amur falcon capital of the world
Rajasthan: Pastoral community of Thar Desert is conserving Great Indian Bustard
Such models and participation needs to be replicated all over India.

Wildlife Conservation Essay for Students and Children

500+ words essay on wildlife conservation.

Wildlife, like trees, is also a domestic asset that not only helps to maintain the ecological balance but also benefits from financial, recreational and aesthetic points of perspective. There was a time when the number of wild animals was quite large when human interference was minimum and there was no issue with their safety or conservation. But, with the development of farming , settlement, industrial and other development activities, and primarily due to man’s greed, the number of wild animals gradually decreased and decreased. As a consequence, several animal species have become extinct and several are on the brink of being so. The Wildlife Conservation Essay is an insight into the requirements of conserving wildlife globally.

Deforestation

Deforestation is also a major cause of wildlife loss. Mass murders of wild animals are taking place all over the globe for their meat, bones, fur, teeth, hair, skin, etc. The need for conservation of wildlife has now become a necessity.

Population growth, agricultural and livestock development, urban and road building, and pollution are among the many pressures on wildlife’s natural habitat. In addition to illegal hunting, the decrease of habitat and its degradation has endangered the biodiversity of the widespread areas.

Wildlife preservation does not imply blanket protection for all species of fauna and flora; rather, it means adequate, judicious control over the multiplication of crops and animals that communicate to provide a suitable atmosphere for the man whose very life is at risk today.

In the past, due to the irrational use of the earth’s natural and biotic resources, most wildlife was demolished after recovery. It is our immediate responsibility to safeguard the ecosystem’s natural splendor and to develop a system of coexistence with every living creature on earth.

While the world’s nations must be very specific in terms of wildlife conservation, the amount of wildlife is diminishing day by day. The World Wild Life Fund is a global organization that does a praiseworthy job of encouraging wildlife protection. National agencies are also involved in wildlife conservation.

Get the huge list of more than 500 Essay Topics and Ideas

Steps Towards Wildlife Conservation

To study and retrieve all wildlife data, in particular, the amount and development of wildlife.
Habitat protection through forest protection.
Delimiting their natural habitat regions.
Protecting animals against pollution and natural hazards.
Full limitation on wildlife hunting and capture.
To impose constraints on the export and importation of wildlife products and to impose serious penalties on those engaged in such activity.
Developing game sanctuaries for particular wildlife or world life in particular.
Special arrangements should be made to safeguard those very restricted species.
To create a general understanding of wildlife protection at domestic and international level.
The adoption by trained personnel of a wildlife management system.

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Wildlife Protection Act, 1972

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Wildlife Protection Act, 1972
Wildlife Protection Act, 1972. This Act provides for the protection of the country's wild animals, birds, and plant species, in order to ensure environmental and ecological security. Among other things, the Act lays down restrictions on hunting many animal species. The Act was last amended in the year 2006.
Wildlife Protection Act, 1972 (WPA, 1972)
The Wildlife Protection Act 1972 (WPA 1972) specifically prohibits trade in Wild Animals, including captive and wild elephants. The Amendment Act carves out an exception by excluding Live Elephant from the general prohibition contained in Section 43. Thus, the Amendment Act allows for commercial trade in elephants.
PDF THE WILD LIFE (PROTECTION) ACT, 1972 (Last Updated 1-4-2023
THE WILD LIFE (PROTECTION) ACT, 1972 ACT NO. 53 OF 1972 [9th September, 1972.] 1[An Act to provide for the 2[conservation, protection and management of wild life] and for matters connected therewith or ancillary or incidental thereto with a view to ensuring the ecological and environmental security of the country.] 3* * * * *
Wildlife Protection Act 1972: Features, Objectives, Short Notes
So the Government of India introduced the Wildlife Act 1972 to provide a legal framework to protect animals and plants and properly manage their habitats. The Wildlife Protection Act also regulates wildlife trade and products made from them. The Wildlife Protection Act of 1972 is a significant legislation that was passed in the year 1972.
Wildlife (Protection) Act, 1972
Wildlife (Protection) Act, 1972 - UPSC Environment Notes. The Wildlife (Protection) Act, 1972, is a legislative measure enacted by the Indian Parliament to safeguard plant and animal species. This Act serves as the regulatory framework for wildlife conservation and protection in India, and it emerged during a period of rapid development in ...
Wildlife (Protection) Act (WPA), 1972
The Wildlife (Protection) Act, 1972 has divided the protection status of various plants and animals under the following six schedules: Schedule I: It covers endangered species that need rigorous protection. The species are granted protection from poaching, killing, trading etc.
25 Wild Life Protection Act (WLPA) 1972
The Wildlife Protection Act, 1972 is an Act of the parliament of India enacted for protection of plants and animal species which provides: Captive breeding programme for endangered species like Lion (1972), Tiger (1973), Crocodile (1974) and Brown antlered Deer (1981) were stated under this act. ... Mol A (2017) Essay on Wildlife Protection in ...
Wildlife Protection Act, 1972
Earlier, Jammu and Kashmir was not covered by the Wildlife Protection Act of 1972. The Indian Wildlife Protection Act now applies to J&K as a result of the reorganisation act. Constitutional Provisions for the Wildlife Act: The 42 nd Amendment Act, 1976, Forests and Protection of Wild Animals and Birds was transferred from State to Concurrent List.
The Wildlife (Protection) Act, 1972: An overview
The Wild Life (Protection) Act, 1972, is a landmark legislation enacted by the Indian Parliament to safeguard the wildlife of India, ensuring ecological and environmental security. This act is pivotal in conserving various species of animals, birds, and plants, establishing protected areas, regulating hunting, and controlling trade in wildlife ...
A History of Conservation: 50 Years of the Wildlife Protection Act 1972
This collection of essays by conservationists, academicians, and policymakers on India's 50-year journey in wildlife conservation is a deep dive into what we have achieved, what more we can do, and what the future holds ... 50 Years of the Wildlife Protection Act 1972. Book | Sep 30, 2023. Text by: Saket Badola Edited by: Manoj Kumar Misra ...
Wildlife Protection Act 1972 for UPSC Exam
National Board for Wildlife : It is a "Statutory Organization" constituted under the Wildlife Protection Act, 1972. Its roles is "advisory" in nature and advises the Central Government on framing policies and measures for conservation of wildlife in the country. Primary function of the Board is to promote the conservation and ...
The Wild Life (Protection) Act, 1972: An overview
In other words, non-domesticated animals, all plants and other organisms which are present in such wild areas are also called wildlife. The Wild Life (Protection) Act, 1972 is an Act passed by the Parliament of India on August 21, 1972, and later implemented on 9 September 1972. This Act was enacted for the protection of plants, birds and ...
Wild Life (Protection) Act, 1972
The Wild Life (Protection) Act, 1972 Parliament of India Long title An Act to provide for the protection of Wild animals, birds and plants and for matters connected therewith or ancillary or incidental thereto. Citation Act No. 53 of 1972 Enacted by Parliament of India Enacted 9 September 1972 Status: In force The Wild Life (Protection) Act, 1972 is an Act of the Parliament of India enacted ...
The Wild Life (Protection) Act of 1972: A Critical Appraisal
The Wild Life (Protection) Act does all this, b2it not always with that informed awareness of our wildlife crisis that one might reasonably expect of it, and not withoutt the weakness of an avoidable provi-sion for compromise. Nor is it wholly free from formal deficiencies. THE Wild Life (Protection) Act of 1972 seeks, in the face of constitutional
UPSC Notes on Wild Life Protection Act 1972
Wildlife Protection Act, 1972. Wildlife is an important part of the environment. This includes trees, birds,animals, etc. However, people, in the process of growth and development and also for self-interest, cause a lot of damage to the forest and wildlife. Wildlife is a gift from nature, and its fall has a negative impact on the environment.
Wildlife Protection Act, 1972
The act also includes schedules of plants and animals that are subject to varied levels of government protection and oversight. The Wildlife Act facilitated India's admission to the CITES (Convention on International Trade in Endangered Species of Wild Fauna and Flora). Jammu and Kashmir was not previously included in the 1972 Wildlife ...
Wild Life Protection Act 1972
The Wild Life (Protection) Act, 1972 is an Act of the Indian Parliament designed to conserve plant and animal species. The Wildlife (Protection) Act, 1972 governs wildlife conservation and protection in India. The Act arose during a period in India when environmental law was quickly expanding. The Act was created with the understanding that prior legislation, such as the Wild Birds and Animals ...
Analysis of Wildlife Protection Act
Analysis of Wildlife Protection Act. This essay sample was donated by a student to help the academic community. Papers provided by EduBirdie writers usually outdo students' samples. In 1972, The Wild Life (Protection) Act (hereinafter referred to as 'the Act') came into force, keeping in mind the objective of preventing the destruction of ...
Wildlife Protection Act, 1972
Scheduled species under Wildlife Protection Act, 1972. The Wild Life (Protection) Act, 1972 has been divided into six schedules. Each schedule gives a varied form of protection. Schedule 1 and Schedule 2 provide absolute protection to the wild animals and for the violation of such provisions the penalty charged is very high.
PDF THE INDIAN WILDLIFE (PROTECTION) ACT, 1972
THE INDIAN WILDLIFE (PROTECTION) ACT, 1972 (as amended upto 1993) CONTENTS CHAPTER I - [ PDF ] Preliminary 1. Short title, extent, and commencement 2. Definitions CHAPTER II - [ PDF ] 1. Authorities to be appointed or constituted under the Act 1. Appointment of Director and other officers 2. Appointment of Chief Wildlife Warden and other officers
Wildlife (Protection) Amendment Bill 2021
What is the Wildlife (Protection) Act,1972? Wild Life (Protection) Act, 1972 provides a legal framework for the protection of various species of wild animals and plants, the management of their habitats, and the regulation and control of trade in wild animals, plants and products made from them.; The Act also lists schedules of plants and animals that are afforded various degrees of protection ...
Wild Life Protection Act: Implementation and Failure
Assessment of WLPA. WLPA 1972 is one of the most robust acts on wildlife protection. The implantation created a condition in which wildlife thrived. Some of the facts related to quantitative aspects of wildlife are. Befor WLPA. After WLPA. Number of rhinoceros only 75 in 1905. Only 5 national park. In 1971, 1800 tigers were present in Indian ...
Wildlife Conservation Essay for Students and Children
The Wildlife Conservation Essay is an insight into the requirements of conserving wildlife globally. Deforestation is also a major cause of wildlife loss. Mass murders of wild animals are taking place all over the globe for their meat, bones, fur, teeth, hair, skin, etc. The need for conservation of wildlife has now become a necessity.

Wildlife Protection Act, 1972 - UPSC Notes

Wildlife Protection Act, 1972

Need for the Wildlife Protection Act

Salient Features of Wildlife Protection Act

Protected Areas under the Wildlife Protection Act

Schedules of the Wildlife Protection Act

UPSC Questions related to Wildlife Protection Act, 1972

In which state Wildlife Protection Act is not applicable?

What steps have been taken by the government to conserve wildlife?

What are the major threats to wildlife?

How does the extinction of species affect the environment?

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Wildlife Protection Act, 1972 (WPA, 1972)

About Wildlife Protection Act, 1972 (WPA, 1972)

Objectives of Wildlife Protection Act, 1972 (WPA, 1972)

Key Provisions of Wildlife Protection Act, 1972 (WPA, 1972)

Definition of Wildlife

Establishment of Wildlife Advisory Board

Schedules of Wildlife Protection Act

Schedule I and II of WPA

Schedule III and IV of WPA

Schedule V of WPA

Schedule VI of WPA

WPA Provisions Regarding Hunting of Animals

WPA Provisions Regarding Wildlife Sanctuary

WPA Provisions Regarding National Park

Establishment of Central Zoo Authority

Other Provisions of WPA

Effectiveness of Wildlife Protection Act, 1972

Issues with Wildlife Protection Act, 1972

Wildlife (Protection) Amendment Act, 2021

Significance of Wildlife (Protection) Amendment Act, 2021

Way Forward

Frequently Asked Questions (FAQs)

What are the objectives of Wildlife Protection Act 1972?

How many Schedules are there in the Wildlife Protection Act 1972?

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Wildlife (Protection) Act, 1972 – UPSC Environment Notes

KEY FEATURES

SIGNIFICANCE

VARIOUS BODIES UNDER WPA 1972

PROTECTED AREAS UNDER WPA 1972

SANCTUARIES:

NATIONAL PARKS:

CONSERVATION RESERVES:

COMMUNITY RESERVES:

TIGER RESERVES:

SCHEDULES OF WPA 1972

FAQs – Wildlife Protection Act 1972

2. Why was the Wildlife Protection Act, 1972, enacted?

3. What are the key features of the Wildlife Protection Act, 1972?

4. How did the 1991 Amendment impact the Wildlife Protection Act?

5. Why is the Wildlife Protection Act considered significant?

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25 Wild Life Protection Act (WLPA) 1972

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The Wildlife (Protection) Act, 1972: An overview

Objectives of the Act

Key Provisions

Amendments and Updates

Implementation and Challenges

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Wildlife Protection Act 1972 for UPSC Exam | Legacy IAS

Wildlife Protection Act 1972

Constitutional Provisions

Q. In India, if a species of tortoise is declared protected under Schedule I of the Wildlife (Protection) Act, 1972, what does it imply? (2017)

Q. According to the Wildlife (Protection) Act, 1972, which of the following animals cannot be hunted by any person except under some provisions provided by law? (2017)