Wildlife Protection Act 1972

Wildlife Protection Act 1972 is an Act of Indian Parliament that aims to safeguard the diverse flora and fauna of the country. The Indian wildlife protection act was implemented in 1972. In this article, you will get information about wildlife protection act, definition, important features, list of animals protected under wildlife protection act 1972, importance, schedules, amendment of wildlife protection act 1972, etc.

This article will provide key insights for GS Paper-III Environment and Ecology section of UPSC IAS Exam.

Table of Content

• Laws relating to Wildlife Protection in India:         
• What is Wildlife Protection Act 1972?     
• History of Wildlife based legislation in India:
• Why was the Wildlife Protection Act required?   
• What are the objectives of the Wildlife Protection Act 1972?       
• Constitutional provisions for the Wildlife Protection Act 1972
• Salient features of the Wildlife Protection Act 1972
• Protected Areas defined by the Wildlife Protection Act 1972
• Schedules of the Wildlife Protection Act 1972
• Punishment       
• Conclusion         
• Frequently Asked Questions       
• Reference           

Laws relating to Wildlife Protection in India:

• Wildlife (Protection) Act, 1972: This law prohibits hunting and provides protection to wildlife.
• Indian Forest Act, 1927 and their State counterparts: These laws categorize forests into reserve forests, village forests, and protected forests.
  • Laws related to reserve forests are more stringent.
• Forest Conservation Act, 1980: aims to monitor and control rapid deforestation.
  • The Supreme Court has mandated that forestland cannot be used for non-forest activities without prior approval from the Centre.
• Environment Protection Act, 1986: act lays down the establishment and coordination of various authorities.
  • It was enacted after the Bhopal Tragedy to implement decisions made at the United Nations Conference on Human Environment.
• Biological Diversity Act, 2002: enacted by the Parliament to enforce the Convention on Biological Diversity, to which India is also a signatory.
• National Wildlife Action Plan, 2017-2031: addresses the protection of wildlife areas, bans certain activities in protected areas and wildlife corridors, and includes measures for the rehabilitation of threatened species.
• National Forest Policy: developed by the Ministry of Environment and Forests, it introduces a green tax to finance ecological balance and address forestry issues.
• Top of Form

What is Wildlife Protection Act 1972?

• The Wildlife Protection Act of 1972 is an Act of Indian Parliament that aims to safeguard the diverse flora and fauna of the country.
• The Wildlife Protection Act of 1972 applies to the entire region of India.
• The Wildlife Protection Act was last amended in 2006. 

History of Wildlife based legislation in India:

• The first legislation to address wildlife conservation was introduced during the period of British rule in India as the Wild Birds Protection Act, 1887.
• The Wild Birds Protection Act, 1887 prohibited the possession and trade of specific wild birds that were captured or killed during their breeding season.
• In 1912, the Wild Birds and Animals Protection Act was established.
  • This law was amended in 1935 when the Wild Birds and Animals Protection (Amendment) Act 1935 was passed.
• During the British rule, the preservation of wildlife did not received attention.
• After 1960, the issue of wildlife protection became prominent.

Why was the Wildlife Protection Act required?

• India possesses a rich variety of plant and animal species but the population of many species had been rapidly declining.
• The decline in flora and fauna can lead to an ecological imbalance which may impact the climate and the overall ecosystem.
• The existing legislation the Wild Birds and Animals Protection Act of 1935 from the British era required upgradation in order to fit the present circumstances of the wildlife in India.
  • The penalties imposed on poachers and traders were inadequate as compared to the financial gains they had acquired.
• Before the implementation of the Wildlife Protection Act 1972, there were only five national parks in India.

What are the objectives of the Wildlife Protection Act 1972?

• The protection and preservation of different species of flora.
• Section 9 of the act prohibits the hunting of wildlife.
• Establishment of a Wildlife Authority to oversee the implementation of the Act.
• Declaration and organisation of protected areas including wildlife parks, bio- reserves, wildlife sanctuaries, zoos and Central Zoo Authority of India.
• Penalties for violations of directives and legal provisions of this Act.
• Breeding and management of wildlife organisms in captivities.

Constitutional provisions for the Wildlife Protection Act 1972:

• Article 21 of the Constitution which includes the right to life also includes the right of live in a clean and healthyenvironment.
  • Thus, conservation of wildlife is implicitly considered part of this Article.
• Article 48A of the Directive Principles of State Policy mandates State to protect and improve the status of forests and wildlife of the country.
• Article 51 A (g) of the fundamental duty mandates that every citizen should protect and improve the natural environment including forests and Wildlife. 
• The 42nd Amendment Act, 1976 transferred forests and protection of wild animals and birds from State to Concurrent List of Schedule VII of the constitution.

Salient features of the Wildlife Protection Act 1972:

• The Wildlife Protection Act has six schedules with each schedule having different level of protection.
• Though the Act prohibits the hunting, poaching, illegal trade of some of the wildlife included in the various schedules of the Act, it provides for licenses for the sale, transfer, and possession of some wildlife species.
• It protects the hunting rights of the Scheduled Tribes residing in Andaman and Nicobar Islands.
• Protected Areas are declared under this Act in order to conserve Wildlife and provide In-Situ Conservation.
• TheProtected Areascovered in thisActincludes Sanctuaries, National Parks, ConservationReserves, CommunityReserves and Tiger Reserves.
  • Eco-Sensitive Zones (ESZs) or Ecologically Fragile Areas (EFAs) are areas around Protected Areas, National Parks, and Wildlife Sanctuaries.
• The Wildlife Protection Act has helped India to become a party to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) which also aims to protect endangered animals and plants.
• The National Board for Wildlife and National Tiger Conservation Authority was constituted as a statutory organization under the provisions of this Act.

Protected Areas defined by the Wildlife Protection Act 1972:

Sanctuaries: 

• A sanctuary is a naturally occurring site that serves as a safe haven where wildlife can reside in their natural habitat without any human interference.
• These areas provide protection to endangered species by shielding them from activities such as poaching, hunting, and predation.
• Within sanctuaries, animals are not bred for commercial purposes, ensuring they are not exploited for economic gain.
• The species residing in sanctuaries are protected from any sort of disturbance, ensuring their well-being and conservation.
• It is strictly prohibited to capture or kill animals within the boundaries of sanctuaries.
• The State government can declare a region as a wildlife sanctuary by issuing an official notification.
• Also, the boundaries of a sanctuary can be modified by a resolution passed in the State Legislature.
• Human activities are limited inside the sanctuaries such as timber harvesting, collection of minor forest products, and private ownership rights but they should not interfere with the welfare of the animals.
• Sanctuaries can be visited by general public, but entry is restricted and requires authorised accompanying personnel.
• Specific criteria determine who can enter or reside within the sanctuary such as public servants, property owners, and individuals using highways to pass through the area.
• The boundaries of sanctuaries are usually not fixed or clearly demarcated.
• Biologists and researchers are given permission to enter sanctuaries only for the purpose of studying the area and its inhabitants.
• The Chief Wildlife Warden has the authority to control and manage all sanctuaries, who grants permission to individuals for entry or residence in the sanctuary for study, research, photography or any other such purposes.
• Sanctuaries can be upgraded to the status of a National Park, which enhances the protection level of the region.
• Examples of sanctuaries are the Indian Wild Ass Sanctuary in Gujarat; Vedanthangal Bird Sanctuary in Tamil Nadu and Dandeli Wildlife Sanctuary in Karnataka.

National Parks: 

• National Parks are designated by the government to safeguard the natural environment for wildlife.
• As compared to a Wildlife Sanctuary, national parks have stricter regulations.
• State governments can establish national parks through official notifications, and can make any changes to their boundaries through approval from the State Legislature.
• National parks aims to maintain the landscape, fauna, and flora in their original state.
• The boundaries of national parks are fixed and clearly defined.
• Human activities are strictly prohibited within national parks including livestock grazing and private tenurial rights.
• Hunting or capturing of species listed in the Wildlife Act’s Schedules is strictly prohibited.
• No individual can harm wildlife, damage their habitats, or exploit natural resources within a national park.
• National parks cannot be downgraded to the status of any other sanctuary.
• Examples of national parks in India include Bandipur National Park in Karnataka, Hemis National Park in Jammu & Kashmir, and Kaziranga National Park in Assam.

Conservation Reserves:

• They are declared by State governments after consulting local communities.
• It particularly includes areas that are adjacent to sanctuaries or parks.

Community Reserves:

• They are declared by State governments in consultation with local communities or individuals volunteering for wildlife conservation.
• State governments may designate private or community lands as community reserves.

Tiger Reserves:

• These areas are exclusively dedicated to protecting and conserving tigers in India.
• They are established based on recommendations from the National Tiger Conservation Authority.

Schedules of the Wildlife Protection Act 1972:

• Schedule I and part II of Schedule II are provided the highest degree of protection.
  • Offences committed to the wildlife listen under this schedule attracts highest penalties.
• Schedule III and Schedule IV listed species are also protected, but the penalties are lower that the Schedule I and Schedule II.
• Schedule V listed species are considered legally vermin and they may be hunted without any restriction.
• Schedule VI enlists the endemic plants that are prohibited from cultivation or planting.

Schedule	Provisions
Schedule I	This category focuses on species that are endangered.The utmost protection and strict penalties are applied to ensure their conservation.Hunting these species is strictly prohibited nationwide, except in cases when human life is in danger.The species listed here receive absolute protection.Examples: blackbuck, tiger, dugong, Himalayan Brown Bear, Blue whale, Brow-Antlered Deer, Cheetah, Common Dolphin, elephant, Clouded Leopard, hornbills, Indian Gazelle, etc.
Schedule II	Animals falling under this category are also given significant protection.Trade involving these animals are banned.These animals are not to be hunted unless there is a threat to human life.Absolute protection is accorded to the species mentioned in this list.Examples: Assamese Macaque, Bengal Hanuman langur, Kashmir Fox, Large Indian Civet, Indian Fox, Larger Kashmir Flying Squirrel etc.
Schedule III	This list includes those species that are not endangered but are still protected, with lesser penalties.Although not endangered, any violation of regulations incurs penalties that are lesser as compared to the previous schedules.Examples: hyena, Himalayan rat, porcupine, flying fox, Malabar tree toad, etc.
Schedule IV	Animals listed under this schedule are allowed to be hunted and are referred to as Vermin.These animals can be legally hunted.Examples: mice, rat, common crow, fruit bats, etc.
Schedule V	This schedule consists of plants that are prohibited from being cultivated.Examples: pitcher plant, blue vanda, red vanda, kuth, etc.

Punishment

• Illegal poaching, hunting, trading etc of the listed species under the Schedule-I or partII of Schedule-II or any offenses related to modifyingsanctuary or national parkboundaries will attracts:
  • Minimum imprisonment term of three years, which can extend up to seven years.
  • Minimum fine of Rs. 10,000.
• For repeated offenses–
  • Minimum imprisonment term of three years, which can extend up to seven years.
  • Minimum fine of Rs. 25,000.

Conclusion

The major drawbacks of the Act is that include very mild penalty to offenders which has led to illegal wildlife trade in Jammu and Kashmir, no coverage of foreign endangered wildlife among others. Still, the Wildlife Protection Act of 1972 stands as a landmark legislation in India, reflecting the nation’s commitment to preserving its rich biodiversity and protecting its wildlife. It has also contributed to the restoration and protection of ecosystems, maintaining ecological balance and promoting the overall well-being of wildlife.

Ref: Source-1

Other Articles in Environment & Disaster Management
Eco Sensitive Zone (ESZ) in India	National Green Tribunal
Kaziranga National Park	Bonn Convention (Convention on Migratory Species (CMS))
Ramsar convention	Wildlife trust of India

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