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This Article is written by Avishka Saini of 5th Semester of BALLB of Delhi Metropolitan Education, Noida, an intern under Legal Vidhiya

ABSTRACT

An important law aimed at protecting India’s wide range of wildlife is the Wildlife Protection Act 1972. This act regulates the conservation of endangered species and their habitats., while recognizing the importance of wildlife in preserving ecological harmony and biodiversity. To ensure the sustainability of many species of flora and fauna in India, this law must be enforced. A wide range of stakeholders, including government organisations, non-governmental organizations (NGOs), local people and the general public, are involved in the difficult process of interpreting and applying protection laws. Wildlife Protection 1972. This code sets the standards for the protection and management of the country’s natural resources, and effective implementation of these standards requires a multifaceted strategy. The main purpose of this law is to protect animals and their natural habitat from exploitation such as poaching, hunting and other activities. In addition, this law specifically provides for the establishment of national parks, animal sanctuaries and other protected places where wildlife can thrive in the natural environment. of them. Many provisions of the law, such as provisions governing protected species lists, restrictions on hunting and trade, and the establishment of wildlife management agencies, are all subject to be fully understood to be properly interpreted. The adoption of sustainable livelihood methods that do not harm wildlife and the active participation of local people in conservation activities are prerequisites for successful legislation. In summary, the Wildlife Protection Act 1972 is an important piece of legislation designed to protect India’s rich and diverse wildlife. Government organizations, NGOs, local communities and the public must work together to understand and implement it. In order for a wide variety of plants and animals to exist across India, this law needs to be effectively enforced.

INTRODUCTION

To protect the wildlife and the ecology of the country, India passed the Important Wildlife Protection Act 1972. This act aims to establish sanctuaries to conserve the species. endangered species and control wildlife trade, poaching and killing. The law also recognizes the value of animals in conserving diversity and creating ecological harmony. However, the application and interpretation of the law is controversial. Although the law has many provisions on wildlife conservation, it has proved difficult to implement due to a number of issues including lack of funding, fraud and lack of public knowledge. The conservation of India’s wildlife and its ecosystem depends on understanding and effective law enforcement. Government agencies, non-governmental groups, local communities and the general public must all work together and participate. This article is intended to provide a comprehensive overview of the Wildlife Protection Act 1972 and how it is interpreted and used in India. The body will consider difficulties related to the application of the law and make recommendations to improve the effectiveness of the law. The study will also examine the role of different stakeholders in India’s efforts to conserve its wildlife and ecosystems.

PROTECTING WILDLIFE IN INDIA

In India, the Wildlife Protection Act 1972 ensures the safety of wild animals, birds and plants in the country by ensuring their protection. The law establishes limits on the capture of certain animals. India has also undertaken other programs and initiatives, such as Project Tiger and Sea Project, to save some species from extinction. The foundation of the wildlife conservation movement in India rests on the work of the individuals, activists and journalists involved. In India, violations of the Wildlife Protection Act can be punishable by up to six months in prison or a fine. The minimum penalty provided for under Section 51 of the Wildlife Protection Act (1972) which provides a minimum penalty for certain periods of time and anyone who violates any provision of Chapter VA shall be imprisoned for not less than one year. The fine if violating the law is not less than Rs 25,000/-, if recidivism Legal protections extend to wild and captive animals, both of which are protected by law.

IMPORTANT WILDLIFE REGULATIONS IN INDIA

A comprehensive set of laws known as the Wildlife Protection Act of 1972 governs national parks, zoos, and many other areas of protection. Its primary goal is to end the illegal trade in wildlife and its derivatives. This law deals with matters related, incidentally or incidentally, to the conservation of wild animals, birds and plants. The Act’s six schedules provide varying degrees of protection. Absolute protection is guaranteed under Appendix I and Part II of Appendix II, and violations of these will be subject to the most severe penalties. Although the species in Tables III and IV are also protected, the consequences are much less severe. The law also imposes restrictions on the hunting of certain wild species. The Territorial Jurisdiction (Protection) Act, 1972

All states of India except Jammu have ratified and enacted the Wildlife Protection Act 1972. This act covers the whole of India including the territorial sea of ​​the country. To protect the safety of the environment and ecosystems, the law regulates the conservation of wildlife, birds and plant species. The law imposes limits on the hunting of various animals. Under the Act, officials including the Director, the Director of Wildlife Protection and other officials may be appointed This act gave the state government the power to enact laws and ensure the rights of the Tribes according to the schedule.

DEFINITION OF WILDLIFE

Animal 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 part of any environment. Therefore, the term “animal” in this law has a very broad definition and includes all species of plants and animals.

AGENCIES ESTABLISHED UNDER WILDLIFE PROTECTION ACT, 1972

The Wildlife Protection Act 1972 prescribes procedures for appointing officials such as the Director of Wildlife Conservation, Deputy Director of Wildlife Conservation and any other officers or employees if requested. The law also specifies how to appoint additional officers, including the Chief Wildlife Supervisor.  The law describes the duties of wildlife stewards and provides for the establishment of wildlife advisory councils. A National Wildlife Council may also be established by the central government. This act gave the state government the power to make regulations and protect the rights of the Scheduled Tribes.

LICENSES FOR SPECIAL PURPOSES UNDER THE WILDLIFE PROTECTION ACT, 1972

Permits can be granted for special reasons under the Wildlife Protection Act 1972. In cases where an organism cannot be trapped, reassured or moved and hunting is the only option., the Chief Wildlife Officer may grant permission by written order and upon receipt of sufficient good cause. When settling a fee that may be prescribed, authorization will be granted. The law also allows forfeiture of property acquired through illegal trade and hunting. According to the law, the license has been granted in accordance with the law or the provisions of the law. Section 13 of the Wildlife Protection Act 1972 – Cancellation or suspension of permits

Pursuant to Section 13 of the Wildlife Protection Act 1972, any authorized officer or Wildlife Supervisor may revoke or revoke a person’s license by general order or by law. special edition of the State Government if there is good reason to do so. Wildlife Protection Amendment Act, 1991 (44 of 1991), Sec. However, Decree No. 12 (effective from October 2, 1991) abolished section 13. The Law stipulates the confiscation of property acquired through illegal trade and hunting. It also requires licensing for certain reasons. Sanctuary under the Wildlife Protection Act, 1972

A State Government may declare reserves under the Wildlife Protection Act of 1972. Pursuant to Section 18 of the Act, a State Government may, by notice, declare its intention to designate an area is a protected area if it is determined that the area has significant floral, geomorphological, natural or zoological ecosystems or fauna. This does not apply to protected forest areas or territorial waters. In addition, the law protects protected areas and prohibits the use of hazardous chemicals there. Any place can be declared a sanctuary by the central government if it is deemed of national importance. The law also ensures the safety of closed areas and national parks. Hunting and poaching are prohibited by law, with exceptions.

The Wildlife Protection Act of 1972 prohibits hunting and poaching, with few exceptions. The law imposes limits on the capture of certain animals. By law, hunting includes any attempt to capture, kill, poison, trap or trap wild animals. Poaching is also described in law as the illegal hunting, killing or capture of wild animals. The Act allows permits for specific purposes, and Wildlife Supervisors can issue hunting permits if that is the only action taken. The law also allows forfeiture of property acquired through illegal trade and hunting. In addition, the Indian Forests Act 1927 contains provisions restricting hunting in designated areas, protected forests and other permitted places or reserves.

TRADE AND COMMERCE UNDER THE WILDLIFE PROTECTION ACT, 1972

The trade in wildlife, animal products, and trophies made from certain animals is prohibited under the Wildlife Protection Act 1972. The act imposes severe penalties on Traders of booty, animal products and wildlife. The law also allows forfeiture of property acquired through illegal trade and hunting. Under the Act, “animal item” is any item created from a wild or captive animal, other than a pest, and includes furniture or other objects in which the animal set or part has been used or used. intended use The law also restricts the transport of wild animals and allows license holders to purchase captive animals. This act gives the state government the power to make regulations and protect the rights of the Scheduled Tribes.[1]

ENFORCEMENT OF THE WILDLIFE PROTECTION ACT, 1972

A comprehensive set of laws known as the Wildlife Protection Act of 1972 governs national parks, zoos, and other protected areas. Its main goal is to end the illegal trade in wildlife and its by-products. To protect the safety and ecological balance of the environment, the law regulates the conservation of wild animals, birds and plants. The law allows state and central governments to declare areas as protected areas. The law also outlines the licensing process for special uses. The law prohibits the sale of trophies made from certain species of animals as well as the trade and sale of wild animals. The law allows forfeiture of property acquired through illegal trade and hunting. The law prohibits the sale of trophies made from certain species of animals as well as the trade and sale of wild animals. The law allows forfeiture of property acquired through illegal trade and hunting. This act gives state governments the power to enact laws and ensure the rights of the Scheduled Tribes. All Indian states except Jammu have ratified and enforced this law. To strengthen its regulations and ensure better enforcement, the law has been revised several times.

WHAT ARE THE MAIN FEATURES OF THE WILDLIFE PROTECTION ACT, 1972?

A comprehensive set of laws known as the Wildlife Protection Act of 1972 governs national parks, zoos, and other protected areas. Its main objective is to end the illegal trade in wildlife and its derivatives. To protect the safety of the environment and ecosystems, the law regulates the conservation of wildlife, birds and plant species. The law allows state and central governments to declare areas as protected areas. The law also outlines the licensing process for special uses. The law prohibits the sale of trophies made from certain animals as well as the trade and trade in wild animals. The law allows forfeiture of property acquired through illegal trade and hunting. This act gives state governments the power to enact laws and ensure the rights of the Scheduled Tribes. All Indian states except Jammu have ratified and implemented this act. The law has undergone several amendments to enrich the provisions and ensure better enforcement. This law creates a national network of ecologically important protected areas and ensures the survival of a number of well-known species of animals, birds and plants. The law details the appointment of wildlife stewards and the establishment of wildlife advisory boards and their functions.

CONCLUSION

In summary, the Indian Wildlife Protection Act 1972 is an important piece of legislation that provides legal protection to the wildlife and their ecosystems in the country. Over time, the law has undergone a number of changes that enhance its applicability and interpretation. Illegal wildlife trade, habitat loss and poaching continue to pose a serious threat to India’s biodiversity, despite laws and amendments. Governments, NGOs, local communities and the public must work together and coordinate for successful enforcement of wildlife laws. Strict law enforcement is essential, as is public awareness of the need to protect wildlife. In addition, addressing fundamental issues such as poverty, human-wildlife conflict, and habitat degradation will contribute to effective law enforcement. In order to protect India’s wildlife and its ecosystem for future generations, the Wildlife Protection Act 1972 must be continually reviewed and improved, both in its interpretation and in its approach. apply.

REFERENCES

  1.  Wildlife Protection Act, 1972. https://byjus.com/free-ias-prep/wildlife-protection-act-1972/
  2.  Wild Life (Protection) Act, 1972. https://en.wikipedia.org/wiki/Wild_Life_(Protection)_Act,_1972
  3.  WILDLIFE PROTECTION IN INDIA. https://www.pashudhanpraharee.com/wildlife-protection-in-india/
  4. https://www.tigersafariindia.com/blog/top-5-wildlife-conservation-schemes-of-india/
  5. India’s wildlife conservation journey has had great strides and many hurdles by Usha Rai.
  6. https://india.mongabay.com/2022/09/commentary-indias-wildlife-conservation-journey-has-had-great-strides-and-m any-hurdles/
  7.  https://www.advocatekhoj.com/library/bareacts/wildlife/51.php?STitle=Penalties&Title=Wild+Life+%28Protection%29+Act%2C+1972
  8.  https://mpforest.gov.in/hrd/trainingmodule/Wildlife/19-Wildlife%20Crime%20and%20Legal%20Issues.pdf
  9. Offences Under the Wild Life (Protection) Act, 1972 A Discussion based on Case Law Avinash Basker, Advocate

[1] https://hindupost.in/society-culture/living-inside-a-wildlife-sanctuary-bishnois-marry-conservation-and-co-existence/


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