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Wildlife Protection Act 1972
Wildlife Act 1972 preserves the country’s wild animals, birds and plants in order to ensure ecological and environmental security. This act has laid down restrictions on hunting various kinds of animal species. It also includes provisions related to harvesting and various other ancillary matters connected thereto. It has six schedules which includes the list of endangered species, list of wild animals that are threatening to human lives, list of animals declared as vermin and list of specified trade, plants, possession etc which extend all over the India. Various kinds of penalties have been laid down for the violation of the laws contained therein.
It was 5th June 1972 when the topic of environment was first discussed at UN Conference of Human Environment in Stockholm. Since then, 5th June is celebrated as World Environment Day.
Just after this revolutionary act, various acts were passed such as the Water (Prevention and Control of Pollution) Act 1974, Forest (Conservation) Act 1980, Air (Prevention and Control of Pollution) Act 1981, and thereafter Environment (Protection) Act 1986.
Objectives of the Wildlife Protection Act
1. To prohibit hunting of wild animals and other various species of birds etc.
2. To regulate the proper control over the activities of human beings and serve other purposes of the Act.
3. To protect the endangered species and provide shelter to the animals which are not in danger.
4. To specifically protect animals that can be easily hunted like - ducks, deer etc.
5. To help the state government and central government declare any area as the sanctuary or national park.
6. To plant trees and build protected animal parks, so that endangered species can be protected in environment-friendly and natural areas.
7. To impose a ban on the commercial dealings of certain protected species.
8. To provide commercial dealings of wild species by providing a license for possession, sale, and transfer.
9. To maintain the diversity of flora and fauna within the country and maintain a healthy ecological balance.
10. To establish wildlife advisory boards, wildlife warden and to appoint the members with their duties and power.
The Wildlife (Protection) Act 1972 is a hallmark in the history of wildlife protection in our Nation.
Salient Features of Wildlife Protection Act 1972
1. Prohibition of Hunting
This Act prohibits the hunting of wild animals.
Exception: (1) It becomes dangerous for human life or property
(2) It is suffering from a disease that is beyond recovery or disabled
2. Prohibition of Uprooting/Cutting Specified Plants
It prohibits the damage, collection, uprooting and possession or selling of any specified plant from any protected area or a forest land.
Exception: (1) If a specific plant needs to be collected for the purpose of education, scientific research or preservation by the Central Government.
3. Declaration and Protection of Wildlife Sanctuaries and National Parks
The Central Government can constitute any area as a Sanctuary provided that area is ecological, natural or contain zoological significance.
Exception: (1) The Government can also declare an area as a National Park.
(2) Central Government appoints a collector for administering the area declared as a Sanctuary.
4. Constitution of Various National Bodies
Wildlife Protection Act provides the constitution of bodies established under Wildlife Protection Act 1972 like - Central Zoo Authority, National Tiger Conservation Authority and National & State Board for Wildlife.
5. Government Property
Hunted wild animals (other than vermin), meat of a wild animal or an animal articles and ivory imported into India and an article made from such ivory shall be considered as the property of the Government.
Wildlife Protection Act 972 plays an important role in maintaining sustainability in our environment.
4 Important Role of Wildlife Protection Act
- Many species are seeing a rapid decline in numbers. Wildlife Protection Act prohibits hunting of endangered species and safeguard animals and birds that are in danger.
- A drastic decrease in the flora and fauna can cause ecological imbalance, affects various aspects of climate and the ecosystem.
- This Act helps curb ill practices of poachers and traders who deal with animals’ products.
- Wildlife Protection Act 1972 has helped increase the number of National Parks in our country. Earlier, there were only five national parks in India.
Constitutional Provisions of the Wildlife Act
Article 48A
It directs the State to protect and improve the environment, safeguarding wildlife and forests. This article was added to the Constitution by the 42nd Amendment in 1976.
Article 51A
Wildlife Protection Act 172 imposes certain fundamental duties for the citizens of India. One of them is to protect and improve the natural environment including rivers, forests, lakes and wildlife and have compassion for living creatures.
The Wildlife Protection Act, 1972 has divided the protection status of various plants and animals under six schedules. Here they are:
- Schedule I:
It covers the endangered species that requires rigorous protection. The species are protected from poaching, killing as well as trading. Under this schedule, a person is also liable to the harshest penalties for the violation of the law. The species are also prohibited to be hunted across India, except those who are threatening to humans.
The animals granted protection under Schedule I include:
| Black Buck | Bengal Tiger | Clouded Leopard | Snow Leopard | Himalayan Bear |
| Swamp Deer | Kashmiri Stag | Asiatic Cheetah | Chinkara | Lion – Tailed Macaque |
| Fishing Cat | Rhinoceros | Musk Deer | Golden Langoor | Brow Antlered Deer |
| Capped Langur | Hoolock Gibbon |
- Schedule II:
Animals under this act are highly protected with the prohibition on their trade. They cannot be hunted except in the case if there is a threat to human life or people are suffering from a disease that goes beyond recovery.
The animals granted protection under Schedule II includes:
| Assamese Macaque | Pig Tailed Macaque | Bengal Hanuman Langur | Stump Tailed Macaque |
| Himalayan Newt/Salamander | Indian Cobra | Flying Squirrel | Sperm Whale |
| Himalayan Black Deer | King Cobra | Giant Squirrel | Jackal |
- Schedule III and IV:
This list for species is not endangered and includes protected species. However, the penalty for any violation is less compared in comparison to the first two schedules. This schedule prohibits hunting.
| Hyena | Himalayan Rat | Porcupine |
| Malabar Tree | Toad | Flying Fox |
- Schedule V
This schedule comprises of animals that can be hunted (vermin).
| Mice | Common Crow | Rats | Fruit Bats |
- Schedule VI:
Endemic plants specified in Schedule VI are prohibited from planting and cultivation.
| Pitcher Plant | Red Vanda | Kuth | Blue Vanda |
The Wildlife Protection (Amendment) Bill 2013
The Bill facilitates stricter enforcement of laws to protect wildlife. The proposed amendment prohibits usage of animal traps except under certain circumstances. These exceptions can be related to grant of permit for scientific research, increase in punishment for wildlife offenses or allowing exemptions for certain activities such as grazing or movement of livestock and bona fide use of drinking and household water by local communities.
Even the manufacture, sale, transport or use of animal traps except for educational and scientific purposes (with permission) is prohibited.
Strict penalties for offenses related to tiger reserves
The punishment for hunting in a tiger reserve or alteration of the boundaries of a tiger reserve has been increased to imprisonment of at least 7 years and also with fine of at least 5 Lakhs rupees up to 30 Lakhs rupees.
Frequently Asked Questions about Wildlife Protection Act
Q1. What is the Indian Wildlife Protection Act?
Ans. Wildlife Protection Act protects animals, birds and plants and for matters connected therewith to ensure environmental security of the country.
Q2. When was the Wildlife Protection Act passed?
Ans. Wildlife Protection Act was passed in 1972 to conserve Wildlife in India.
Q3. What are the salient features of the Wildlife Protection Act 1972?
Ans. The features of Wildlife Protection Act 1972 include establishment of Wildlife Sanctuaries, National Parks. It also includes prohibition on hunting of endangered species and provides licenses for the sale, transfer and possession of the wildlife species.
Q4. What is the punishment for violation of Section 51 of the Wildlife Protection Act 1972?
Ans. On conviction, a person shall be punished with imprisonment for three years. The imprisonment may extend upto seven.
