This Article is written by Christina Fernandes of BBA LL. B (Hons) of Amity Law School, Noida.

Abstract

An essential component of the law aiming at protecting India’s wide variety of wildlife is the Wildlife Protection Act, of 1972. This law stipulates the preservation of endangered species and their habitats and acknowledges the significance of wildlife in preserving ecological harmony and biodiversity. To secure the continuing existence of numerous flora and fauna species in India, this legislation must be put into effect. A wide range of stakeholders, including government organizations, non-governmental organizations (NGOs), the local population, and the general public, are involved in the challenging process of interpreting and putting the Wildlife Protection Act, of 1972, into practice. The legislation establishes standards for the protection and administration of the nation’s natural resources, and its efficient execution calls for a multifaceted strategy. The act’s primary objective is to safeguard animals and their natural habitats from exploitation such as poaching, hunting, and other activities. Additionally, the legislation specifies rules for the creation of national parks, animal sanctuaries, and other protected places where wildlife can flourish in its native environment. The act’s numerous sections, such as those governing the listing of protected species, hunting and trade constraints, and the creation of wildlife management authorities, must all be fully understood to be properly interpreted. The adoption of sustainable livelihood methods that are not detrimental to wildlife and the active involvement of local people in conservation activities are prerequisites for the act’s successful enactment. The Wildlife Protection Act, of 1972 is an essential piece of law designed for safeguarding India’s abundant and diversified wildlife, to sum up. Governmental organizations, non-governmental organizations, local communities, and the general public must all work together to understand and execute it. For numerous types of plant and animal life throughout India to survive, this legislation must be implemented effectively.

Introduction

To safeguard the nation’s wildlife and its ecosystems, India adopted the crucial Wildlife Protection Act, of 1972. The Act intends to establish protected areas for the conservation of endangered species and to control wildlife trading, illegal hunting, and killing. The Act also acknowledges the value of animals in conserving diversification and creating ecological harmony. The Act’s application and interpretation, however, have generated a lot of controversy. Although the Act has extensive provisions for the preservation of wildlife, it has proven difficult to implement due to several issues, including a lack of funding, fraud, and a dearth of public knowledge. The conservation of India’s wildlife and its ecosystems depends on an efficient understanding and execution of the Act. Governmental entities, non-governmental groups, local communities, and the general public must all work together and be involved. This paper seeks to offer a thorough overview of the Wildlife Protection Act, of 1972, as well as how it has been interpreted and used in India. It will examine the difficulties in enforcing the Act and make suggestions to increase its efficacy. The study will also examine the part that different stakeholders play in India’s efforts to conserve wildlife and its ecosystems.

Protection of Wildlife in India

The Wildlife Protection Act of 1972 in India ensures the safety of the nation’s wild animals, birds, and plant species by providing for their protection. The Act establishes limitations on the taking of several animal species ^{[1] [2]}. India has also undertaken other programs and initiatives, such as Project Tiger and Project Sea ^{[3] [4]}, to safeguard some species from the threat of extinction. The basis of India’s wildlife conservation movement has been the work of concerned people, activists, and journalists ^[5]. In India, breaking the Wildlife Protection Act carries a sentence that might last up to six months in prison or a fine. The minimum punishment prescribed under Section 51 of the Wildlife Protection Act (1972) specifies minimum punishments for certain periods, and the person who contravenes any provisions of Chapter VA shall be punished with being imprisoned for a term which shall not be less than one year ^[6]. The fine for violating the act is not less than Rs. 25,000/-, provided the offense is repeated ^[7]. The Act’s protection extends to wild animals and captive animals, both of which are protected under law ^[8].

Important provisions of wildlife in India

A comprehensive piece of legislation known as the Wildlife Protection Act of 1972 governs national parks, zoos, and various other areas of protection. Its main goal is to stop the illegal trafficking of wildlife and its byproducts. The Act addresses issues that are related to, ancillary to, or incidental to the preservation of wild animals, birds, and plants. Six schedules of the Act provide differing levels of protection. Absolute protection is provided under Schedule I and Part II of Schedule II, and violations of these are subject to the harshest penalties. Although Schedule III and Schedule IV species are likewise safeguarded, the consequences are significantly less severe. The Act also imposes limitations on the hunting of certain wildlife species ^{[9] [10]}.

Territorial Jurisdiction of Wildlife (Protection) Act, 1972

All Indian states, with the exception of Jammu, have ratified and enacted the Wildlife (Protection) Act, of 1972. The Act covers all of India, including the country’s territorial waters ^[11][12]. In order to preserve the security of the environment and the ecological system, the Act provides for the preservation of wild animals, birds, and plant species. The Act imposes limitations on the hunting of various kinds of animals. In accordance with the Act, officials including the Director, Chief Wildlife Warden, and other officers may be appointed ^[13]. The Act gives the State Government the authority to enact laws and safeguards the rights of Scheduled Tribes ^[14][15].

Definition of Wildlife

Wildlife is defined in Section 2(37) of the Act as any animal, including bees, butterflies, crustaceans, fish, and moths, as well as aquatic or terrestrial flora that is a component of any environment. Therefore, the term “wildlife” in this Act has a very broad definition and covers all varieties of flora and animals.

Authorities Constituted under the Wildlife Protection Act

The Wildlife Protection Act of 1972 outlines the procedures for the nomination of officials such as the Director of Wildlife Preservation, Assistant Directors of Wildlife Preservation, and any other officers and staff members that may be required ^[16]. The Act also specifies how to designate additional officers, including the chief wildlife warden ^[17]. The Act outlines the duties of wildlife wardens and provides for the establishment of wildlife advisory boards ^[18]. The National Board for Wildlife may also be established by the Central Government ^[19]. The Act gives the State Government the authority to enact regulations and protects the rights of Scheduled Tribes ^{[20] [21]}

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

Permits may be issued for particular reasons under the Wildlife Protection Act of 1972. When a creature is incapable of being trapped, tranquilized, or relocated and hunting is the sole option, the Chief Wildlife Warden may grant permission by written order and upon receipt of sufficient justifications. Upon settlement of a charge that may be prescribed , permission is issued. The Act also allows for the seizure of goods obtained via unlawful trading and hunting . According to the Act, a permit has been issued in conformity with the Act or its implementing regulations.

Section 13 of the Wildlife Protection Act, 1972- Cancellation or suspension of license

According to Section 13 of the Wildlife Protection Act of 1972, any authorized officer or the Chief Wildlife Warden can cancel or revoke a person’s license by written general or special order of the State Government if there are good grounds for doing so . The Wildlife (Protection) Amendment Act, 1991 (44 of 1991), Sec. 12 (effective 2-10-1991), however, abolished Section 13 . The Act calls for the confiscation of goods obtained via unlawful commerce and hunting. It also calls for the issuance of licenses for certain reasons.

Sanctuaries under the Wildlife Protection Act, 1972

The State Government can declare sanctuaries under the Wildlife Protection Act of 1972. According to Section 18 of the Act, the State Government may, by notification, declare its intention to designate any area as a sanctuary if it determines that the area has sufficient ecological, faunal, floral, geomorphological, natural, or zoological significance . This does not apply to areas made up of reserve forests or territorial waters. Additionally, the Act protects sanctuaries and forbids the use of harmful chemicals there . Any location might be declared a sanctuary by the central government if it is considered to be of national significance . The Act also guarantees the safety of closed regions and national parks .

Hunting and poaching are prohibited under the Act with exceptions

The Wildlife Protection Act of 1972 forbids hunting and poaching with several exceptions. The Act imposes limitations on the taking of several animal species . According to the Act, hunting includes any effort at capturing, killing, poisoning, snaring, or trapping a wild animal. Poaching is further described in the Act as the unlawful hunting, slaughter, or capture of wild animals . The Act allows for the issuance of licenses for specific purposes, and the Chief Wildlife Warden may give hunting permission if it is the only course of action . The Act also allows for the seizure of goods obtained via unlawful trading and hunting . Additionally, the Indian Forest Act of 1927 had rules that limited hunting in designated areas, forests under protection, and other permitted locations or sanctuaries .

Trade and commerce under the Wildlife Protection Act, 1972

Trade and commerce in wild animals, animal products, and trophies made from certain animals are outlawed under the Wildlife Protection Act of 1972. The Act imposes severe penalties against those who deal in trophies, animal products, and wildlife ^[22][23] . The Act also allows for the seizure of goods obtained via unlawful trading and hunting. According to the Act, an “animal article” is any article created from a wild animal or a captive animal, except vermin, and includes a piece of furniture or other objects in which the entire animal or any part of it has been used or is intended to be used ^[24]. The Act also limits the transfer of wildlife and permits license holders to buy captive animals. The Act gives the State Government the authority to enact regulations and safeguards the rights of Scheduled Tribes^[25][26] .

The implementation of the Wildlife Protection Act, 1972

A comprehensive piece of legislation known as the Wildlife Protection Act of 1972 governs national parks, zoos, and other protected areas. Its main goal is to stop the illegal trafficking of wildlife and its byproducts. In order to preserve the security of the environment and its ecological balance, the Act provides for the preservation of wild animals, birds, and plant species. The Act enables the State and Central governments to declare areas as sanctuaries. The Act also outlines the process for granting licenses for unique uses. The Act outlaws the sale of trophies made from certain animals and the traffic and commerce of wild animals. The Act allows for confiscating goods obtained via unlawful commerce and hunting. The Act outlaws the sale of trophies made from certain animals and the traffic and commerce of wild animals. The Act allows for confiscating goods obtained via unlawful commerce and hunting. The Act gives the State Government the authority to enact laws and safeguards the rights of Scheduled Tribes. All of India’s states, with the exception of Jammu, have ratified and implemented the Act. To make its provisions stronger and to guarantee better execution, the Act has undergone several amendments.

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

A comprehensive piece of legislation known as the Wildlife Protection Act of 1972 governs national parks, zoos, and other protected areas. Its main goal is to stop the illegal trafficking of wildlife and its byproducts^[27]. In order to preserve the security of the environment and the ecological system, the Act provides for the preservation of wild animals, birds, and plant species. The Act enables the State and Central governments to declare areas as sanctuaries. The Act also outlines the process for granting licenses for unique uses. The Act outlaws the sale of trophies made from certain animals as well as the traffic and commerce of wild animals. The Act allows for confiscating goods obtained via unlawful commerce and hunting. The Act gives the State Government the authority to enact laws and safeguards the rights of Scheduled Tribes. All of India’s states, with the exception of Jammu, have ratified and implemented the Act ^[28]. The Act has undergone many revisions to enhance its clauses and guarantee improved execution. The Act creates a countrywide network of ecologically vital conservation areas and ensures the survival of some well-known animal, bird, and plant species. The Act details the appointment of wildlife wardens and the creation of wildlife advisory boards, as well as their duties ^[29].

Conclusion

In conclusion, India’s 1972 Wildlife Protection Act is an important piece of law that offers legal protection for the nation’s wildlife and its ecosystems. Over the course of time, the act has undergone a number of amendments that have strengthened its application and interpretation. The illicit wildlife trade, habitat loss, and poaching still continue to represent a serious danger to the biodiversity of India notwithstanding the law and its revisions. The government, NGOs, local communities, and the general public must work together and coordinate for the Wildlife Protection Act to be implemented successfully. Strict legal enforcement is essential, as is raising public understanding of the need of protecting wildlife. In addition, tackling fundamental problems like poverty, conflict between people and animals, and habitat degradation would aid in the efficient application of the act. To safeguard India’s wildlife and its ecosystems for future generations, the Wildlife Protection Act, of 1972, must be continuously reviewed and enhanced in both the way it is interpreted and its application.

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[20] https://www.legalserviceindia.com/articles/wlife.html

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[28] Wildlife Protection Act Of 1972.https://testbook.com/ias-preparation/wildlife-protection-act-1972

[29] https://www.animallaw.info/statute/wildlife-protection-act-1972