Wildlife Protection Act 1972

Introduction 

The Wildlife Protection Act of 1972 was enacted into implication by the Indian government in order to effectively protect its wildlife and to further restrict hunting, smuggling, and the illegal trading in wild animals and their derivatives. On September 9, 1972, this act took effect. The law is broken down into 8 chapters and 66 sections called VI schedules. Setting deadlines for the preservation of different plant and animal species was initially implemented by the Wildlife Act of 1972. For this reason, the act protects plants, animals, birds, and other associated, incidental, and linked matters.   

The federal and state governments have the authority to designate any place as a restricted area, national park, or nature reserve under the Wildlife Protection Act of 1972. Commercial activities are strictly prohibited in these protected areas. The authorities are mandated to supervise and carry out the act; prevent trading in wild animals or materials originating from animals; restrict the hunting and poaching of wild animals; and protect specific plants, national parks, closed regions, and protected areas. The hunting of animals is forbidden by law unless an authorized officer grants authorization or the animal has become a danger to human life or property or is incapacitated and unable to recover.  

The National Board for Wildlife (NBWL), which will be established by the Indian central government in accordance with the legislation, will take the lead in examining all matters associated with wildlife and granting approval for projects in and surrounding national parks and protected areas. Under the Prime Minister’s guidance, the NBWL is in the process of encouraging the preservation and growth of forests and wildlife. The Vice President of the Board of Directors is the Minister of the Environment, Forests, and Climate Change. Since the board is “advisory” by nature, its guidance to the government is confined to formulating policies for wildlife protection. 

Humans have always had to venture outside the world of wildlife for the purpose to survive since the beginning of human history. Animals were sacrificed by early humans to provide food, clothing, shelter, and other necessities. The ever-demanding human approach has caused significant harm to forests and wildlife in the present day. Humans have emerged as a significant evolutionary force. Although we lack the expertise to govern the biosphere, we actually have the ability to drastically change and even destroy it completely. 

The Indian Forests Act of 1927, which restricted hunting in protected forests, was one of the initial strategies to protect wildlife in India. Before then, the Bird Protection Act of 1887 had been put into effect by the British to save wild birds. At present, every Indian citizen is basically mandated to preserve as well as improve the country’s wildlife, according to section 51 A(g) of the Indian Constitution.^[1] 

Concept of Wildlife Protection in India 

India is blessed with an abundance of natural resources with its diverse range of wildlife and flora. Wildlife protection in India is a crucial endeavour aimed at conserving the diverse array of flora and fauna present in the country. India’s government has implemented the Wildlife Protection Act of 1972 to protect its diverse wildlife, including over 500 sanctuaries, 100 national parks, and 18 biosphere reserves. Initiatives like Project Tiger and Project Elephant have also contributed to conservation efforts. However, challenges like habitat loss and poaching persist, requiring innovative conservation strategies for the long-term survival of India’s rich wildlife. Hence, it is imperative to conserve, safeguard, and protect this invaluable resource for the sustenance of humanity. Now, let us explore the historical evolution of wildlife protection in India across various periods. 

History 

In ancient India, environmental conservation was a moral obligation imposed on individuals by religious scriptures, sages, and other authorities. The texts of Hinduism underscored the importance of preserving the environment and its inhabitants. Some animals were revered as the mounts of deities, with Matsya being revered as the vehicle of Vishnu due to its status as the earliest living organism on Earth. The cow was held in divine regard. Various birds and animals served as the divine chariots of gods. Certain trees like the Banyan and Tulsi were believed to be the abodes of deities. Kautilya, a prominent political philosopher and author of The Artha Shastra, prohibited and imposed penalties for the slaughter of animals, deforestation, and overexploitation of natural resources. The famous Maurya emperor Ashoka forbade the hunting of wild animals and later extended the prohibition to certain species. 

According to St. Thukharam’s, animals and plants as kin and kith of human beings and also, highlights the ancient Indians’ moral and legal duties towards wildlife protection. In ancient India, destruction of biodiversity was seen as an insult to Gods, but now it’s a legal duty. 

• Pre-Constitutional Wildlife Protection Legislations in British Period -Cattle Trespass Act, 1871^[2] ,The Elephants Preservation Act, 1879^[3] ,Some sections of Indian Penal Code, 1860^[4] ,Wild Birds and Animals Protection Act, 1912^[5] ,The Indian Forest Act, 1927, Elephants Preservation Act:, Prohibits killing, injury, or capturing of elephants unless in self-defence, licensed, or near public roads, railways, or canals.
• Indian Penal Code, 1860 – Defines animal in Section 47 and declares animal killing as an offence. Declares maiming and killing of animals as offences. Indian Forest Act, 1927^[6], Restricts hunting in protected forests and sanctuaries.
• Post-Independence Era in Wildlife Protection in India – Significant changes in government policies and attitudes towards environmental protection. Enactments were made to protect the Forest, Environment, Water, Air, and Bio-Diversity. The Indian Constitution provides provisions for wildlife protection, with Art. 48-A^[7] and Art.51-A(g) being the main articles. The Wildlife Protection Act, 1972 is the major legislation for wildlife protection in India
• Other legislation includes The Wild Life (Transactions and Taxidermy) Rules, 1973, The Wild Life (Stock Declaration) Central Rules, 1973, The Wild Life (Protection) Licensing (Additional Matters for Consideration) Rules, 1983, The Wild Life (Protection) Rules, 1995, The Wild Life (Specified Plants – Conditions for Possession by Licensee) Rules, Forest Conservation Act, 1980, Forest (Conservation) Rules, 1981, National Forest Policy, 1988, and Biological Diversity Act, 2002.
• Other legislations on air, water, environment, hazardous substance management, solid waste management, noise pollution prevention also has provisions for wildlife protection.
• The Project Tiger and Project Elephant were launched to ensure the maintenance of tigers and elephant populations.

Geographical Jurisdiction of Wildlife (Protection) Act, 1972 

The Wildlife (Protection) Act, 1972, the first comprehensive legislation for wild life protection which was accepted and enacted by all states except Jammu and Kashmir. It was assented by the President on September 9, 1972. 

The Definition of wildlife 

Section 2(37) of the Act defines wildlife as including all animals, bees, butterflies, crustaceans, fish, moths, and aquatic or land vegetation. This broad definition includes all types of flora and fauna. 

Authorities Constituted Under Wildlife (Protection) Act 

• 3 of the act, Central Government can appoint Director of Wildlife Preservation and Assistant Directors.
• 4 of the Act, State Government can appoint Chief Wildlife Warden, Wildlife Warden, Honorary Wildlife Wardens.
• 6 of the Act, State Governments and Administrators in Union Territories form a

Wildlife Advisory Board.  

The Wildlife Advisory Board (Sec. 6) 

Sec. 6 of the Act mandates state governments and Union Territories to establish a Wildlife Advisory Board, as directed by the Supreme Court in WWF v. Union of India within the time period of two months. 

The members of the Wildlife Advisory Board   

Board of Directors for Wildlife Protection   

• Chairman: Minister in charge of forests in State or Union territory.
• Members: State Legislature members, State Forest Department Secretary, Forest officer, Director of Wildlife Preservation officer, Chief wildlife warden, state government officers, and other interested parties.
• Representation of tribals: Not exceeding 3.

Duties of Wildlife Advisory Board (Sec. 8) 

Wildlife Advisory Board’s Role; 

• Assists the state government in identifying and managing sanctuaries, national parks, and closed areas.
• Formulates policies for wildlife and plant protection and conservation.
• Advises on schedule amendments.
• Advocates for balancing tribal needs with wildlife conservation.
• Addresses other wildlife protection-related matters referred by the state government.

Hunting of Wild Animals (Sec. 9) Hunting in India: Definition and Penalties;

• Hunting includes capturing, killing, poisoning, snaring, trapping, driving wild animals, injuring or destroying animals, damaging their eggs, or disturbing their nests.
• 9 of the Act prohibits hunting of wild animals specified in Schedules 1, 2, 3, and 4.
• Penalties for hunting include imprisonment for up to 3 years, fines up to Rs. 25000/, or both.
• For offenses in sanctuary or national parks, imprisonment is up to 1 year, fines up to Rs. 5000/-.

Hunting of Wild animals to be permitted in certain cases 

       In rare circumstances, Chief Wildlife Warden Permits Hunting of Wild Animals. Those are; 

• Permits hunting of any wild animals listed in Schedule 1 poses a threat or dangerous to human life or disabled or diseased, they may, through a written order citing reasons, grant permission to hunt or have the animal hunted by an individual.
• Permits hunting of wild animals specified in Schedules II, III, or IV deemed dangerous to human life or property or crops, or is too incapacitated or diseased to recover, they may, in writing and with stated reasons, authorize someone to hunt the animal or arrange for its hunting.
• Killing or wounding wild animals in good faith is not an offense, except for acts contravening the Act.
• Any wild animal killed or wounded in defence of any person is Government property.

Grant of permission for hunting for special purposes 

The Chief Wildlife Warden may grant a permit to any person, upon payment of a prescribed fee and with a written explanation of the reasons behind it, to hunt any wild animal specified in the permit, subject to the conditions specified therein. 

• These purposes may include scientific research, education, scientific management, and the relocation of any wild animal to a suitable alternative habitat or the management of wildlife populations without harming, poisoning, or killing any wild animals.
• The gathering of specimens for (i) reputable zoos with authorization under section 381, or (ii) museums and comparable establishments; the extraction, gathering, or preparation of snake venom for use in the production of medications that save lives.

Protection of Specified plant 

Section 17A of the legislation prohibits the intentional removal, destruction, or acquisition of specific plants. Except as provided elsewhere in this section: 

• No individual shall purposely remove, damage, or acquire any specified plant from designated forest areas specified by notification from the Central Government;
• No person shall possess, sell, offer for sale, transfer, or transport any specified plant, whether living or dead, or any part or derivative thereof.

However, members of scheduled tribes may, subject to Chapter IV provisions, gather or possess specified plants or derivatives for personal use within their district. The Chief Wildlife Warden, with prior state government approval, may issue permits to individuals to gather, acquire, or transport specified plants from designated forest areas or areas specified under Section 17A. These permits are subject to specified conditions and may be granted for educational, scientific research, herbarium collection, or propagation purposes, provided the individual or institution is approved by the Central Government. 

Sanctuaries 

Under Section 18, the State Government has the authority to designate an area, excluding reserve forests or territorial waters, as a sanctuary through notification, if it deems the area to possess significant ecological, faunal, floral, geomorphological, natural, or zoological value for wildlife protection, propagation, or development. The area can be described using recognizable boundaries such as roads, rivers, or ridges. 

The Principal Wildlife Guardian may issue permits, upon application, allowing individuals to enter or stay in a sanctuary for the following purposes: 

1. Wildlife investigation or study, including related activities;
2. Photography;
3. Scientific research;
4. Tourism;
5. Conducting lawful business within the sanctuary.

Additionally, entry or residence in the sanctuary is permitted for public servants on duty, permit holders, individuals with property rights within the sanctuary limits, those passing through designated pathways, and dependents of the aforementioned individuals 

National Park 

• State government can declare an area as a National Park to safeguard wildlife and its ecosystem.
• Once declared, National Park boundaries cannot be altered without state legislature resolution.
• Activities prohibited in National Parks include destroying wildlife or habitats, depriving animals of habitat, and grazing livestock.
• In Animal and Environment Legal Defence Fund V. Union of India, a writ petition challenged fishing permits for tribal families in Pench National Park.
• Supreme Court balanced economic sustainability and environmental protection, directing authorities to safeguard the environment and monitor villagers’ activities.

Prevention and Detection of offences 

Section 50 of this Act confers the Director, any other officer selected by him, the chief wildlife warden, any officer appointed by him, and any police officer not below the rank of Assistant Director of Wildlife Preservation or Wildlife Warden the authority to enter, search, arrest, and detain. They also have the authority to issue a search warrant, compel the attendance of witnesses, compel the discovery and production of documents and material objects, and receive and record evidence. 

Cognizance of offence 

 Courts cannot address any violation of the Wildlife Protection Act unless a complaint is lodged by: 

• The Director of wildlife preservation or another officer authorized by the Central Government.
• The Chief Wildlife Warden or another officer authorized by the State Government.
• Any individual who has provided a 60-day notice, as prescribed, to the Central Government, State Government, or authorized officer, regarding the alleged offence and their intent to file a complaint.

Punishment 

In cases involving animals listed in Scheduled I or Part II of Schedule II, or related to hunting in sanctuaries or National Parks, imprisonment could range from one to six years, along with a fine not less than five thousand rupees. For repeat offences, imprisonment could extend to six years, with a minimum of two years, and a fine not less than ten thousand rupees. Violating provisions of Chapter VA could lead to imprisonment ranging from one to seven years, coupled with a fine not less than five thousand rupees. 

Breaking Section 38J could result in imprisonment up to six months or a fine up to two thousand rupees, or both. For repeat offences, imprisonment could extend to one year, or the fine could reach up to five thousand rupees. Section 52 states that attempting or aiding a violation of any provision of this Act or its rules would be considered a contravention. Illegitimate seizure of property under this Act could lead to imprisonment up to six months, a fine up to five hundred rupees, or both. 

Case laws 

Tarun Bharat Sangh, Alwar vs. Union of India⁸ 

Facts: The petitioner Organization challenged the grant of 215 mining licenses in the area declared as Tiger Reserve in Alwar district of Rajasthan. The Supreme Court cancelled all the licenses as they were given in the tiger reserve area. 

Conclusion: The legislature and judiciary in our country are both aware of significance of wild life. With constantly shrinking forest cover, the survival of wild life has been jeopardized. Still, we have to do our best to protect the wild life. The recent conviction of Salman Khan by a Jodhpur Court for killing a black bug has send a clear signal about the commitment of lower judiciary also for protection of wild life in our country and it has also proved that in our country nobody is above the law. 

Pradeep Krishen vs. Union of India ⁹ 

Facts: The petitioner challenged the order of M.P. government by which permission was given to the villagers living near the sanctuaries and national parks to collect tendu leaves through contractors. In state of M.P. 11 areas have been declared as sanctuaries and national parks covering around 12.4% of total forest cover in M.P. The petitioner contended that a number of trees in these areas have been destroyed due to the entry of villagers. The Supreme Court directed the Madhya Pradesh government to take urgent steps to prohibit entry of villager and tribals in national parks and sanctuaries. 

Bab ran Kumawat vs. Union of India ¹⁰ 

Facts: The petitioner was the manufacturer of Mammoth ivory. Mammoth animal had already disappeared in Alaska and Siberia due to climatic conditions. The question was can it be considered as an imported ivory under the 1991 Amendment Act. The Supreme Court held that 1991 Amendment prohibits trade of ivory of every description. It may be an elephant ivory or mammoth ivory. Hence, the petitioner cannot carry on the trade in mammoth iv

CONCLUSION 

The Wildlife Protection Act of 1972 stands as a comprehensive legislative effort by the Indian government to safeguard its rich biodiversity from threats such as hunting, smuggling, and illegal trading. Through its detailed provisions, including the designation of protected areas and stringent penalties for offenses, the act aims to ensure the preservation of wildlife and their habitats. Supported by bodies like the National Board for Wildlife, India’s conservation efforts reflect a commitment to balance ecological preservation with developmental needs. However, the challenges of habitat loss and poaching persist, necessitating ongoing innovation in conservation strategies. The evolution of wildlife protection in India underscores the importance of preserving this invaluable resource for future generations, as mandated by constitutional provisions and ethical imperatives alike, from ancient traditions to modern legal frameworks. 

Reference 

Acts

Prevention of Cruelty to Animals Act, 1960

Wildlife (Protection) Act, 1972

Articles

• R. Azad, Trade on Wild Animals and Animal Products: Effectiveness of Law in India: A Critical Evaluation (2020) (Unpublished LL.M dissertation, National University of Advanced Legal Studies)
• Partha Pratim Mitra, A Critical Study of Laws for Conservation of Wildlife in India (2010) (Unpublished Ph.D. thesis, The University of Burdwan)

Books

• J.J.R. Upadhyaya, Environmental Law (Central Law Agency, Allahabad, 4th edn,2017)
• Paramjit Jaswal, Dr. Nishtha Jaswal, et.al., Environmental Law (Allahabad Law Agency, Faridabad, 5th edn, 2021)
• C. Tripathi, Environmental Law (Central Law Publication, Allahabad, 4th edn, 2010)
• Environmental Law (Dr. Paramjeet S. Jaswal, Dr. Nishitha Jaswal & Vibhuti Jaiswal)

Websites

• A History of Conservation: 50 Years of the Wildlife Protection Act 1972, available at: https://roundglasssustain.com/books/wildlife-india-50 (last visited on March 12, 2024))
• Legal and Policy Frameworks related to Wildlife Conservation, available at: https://wwfin.awsassets.panda.org/downloads/session_11_4.pdf (last visited on April 25, 2024
• https://www.legalserviceindia.com/articles/wlife.htm
• https://www.legalserviceindia.com/articles/wild.htm
•  Wildlife (Protection) Act (WPA), 1972 

[1] which deals with Fundamental Duties of the citizens states: “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.” 

[2] Act 1 of 1871 

[3] Act 6 of 1879 

[4] Act 45 of 1860 

[5] Act 8 of 1912 

[6] Act 16 of 1927 

[7] Protection and improvement of environment and safeguarding of forests and wild life 

[8] April 1993

[9] May 1996

[10] August 2003