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Amity University Amity Law School - 2: Wildlife Protection Act 1972

The document discusses the Wildlife Protection Act of 1972 in India. It provides definitions of key terms in the act, outlines the objectives to protect wildlife and habitats, and describes important features such as the six schedules of protected species and the establishment of sanctuaries and national parks. It also covers hunting restrictions, taxidermy rules, penalties for violations, and amendments made to the original act over the years.

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Faraz Siddiqui
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290 views

Amity University Amity Law School - 2: Wildlife Protection Act 1972

The document discusses the Wildlife Protection Act of 1972 in India. It provides definitions of key terms in the act, outlines the objectives to protect wildlife and habitats, and describes important features such as the six schedules of protected species and the establishment of sanctuaries and national parks. It also covers hunting restrictions, taxidermy rules, penalties for violations, and amendments made to the original act over the years.

Uploaded by

Faraz Siddiqui
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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AMITY UNIVERSITY

AMITY LAW SCHOOL – 2

ENVIRONMENTAL LAW
PROJECT

Topic
Wildlife Protection Act 1972

Made By :-
Prithvi Yadav
Faraz Siddiqui
Manas Tumuluri
Abhishek Singh Chauhan
Course :- B.A LL.B(H) Section -B
INTRODUCTION

The Wildlife Protection (Amendment) Bill, 2013 was


recently introduced in India in order to facilitate stricter
enforcement of laws to protect wildlife, in view of the
increase in wildlife crime.
The proposed amendments, as listed in the Statement of
Objects and Reasons, relate to prohibition on use of
animal traps except under certain circumstances,
requirement of a grant of permit for scientific research,
increase in punishment for wildlife offenses, making
exemptions to allow certain activities such as grazing or
movement of livestock and bona fide use of drinking
and household water by local communities, and
protection of hunting rights of the Scheduled Tribes in
the Union territory of Andaman and Nicobar Islands

The proposed Amendments have raised certain


apprehensions. It has been mentioned that consultations
with the Gram Sabha will take place before declaring
any Scheduled Area as a National Park. However,
provisions containing the requirement for monitoring of
such consultations are missing, and this is liable to lead
to severe gaps in accountability
HISTORY

The first codified law in India which heralded the era of


law for wild life protection was enacted in the year
1887 by the british which was titled as the “wild bird
protection act,1887”. Though this act prohibited the
possession or sale of specified wild birds, it did not
prohibit killing.

After which came the “wild bird and animal protection


act,1912” which prohibited the capture, killing, selling,
buying or possession of specified birds and animals.
This act was amended in 1935, the act was amended
and provincial governments enabled to declare an area
to be a sanctuary for wild birds and animals.

Thus, wildlife preserves in Kaziranga (1926) and


Hailey (now Corbett) national park (1936) were
established.After which india gained its independence
and there were no new laws until 1972.
Definitions Under The Act
(Section 2)
1.)"Animal" includes amphibians, birds, mammals,
and reptiles, and their young, and also includes, in the
cases of birds and reptiles, their eggs.
2.)"Animal article" means an article made from any
captive or wild animal, other than vermin, and includes
an article or object in which the whole or any part of
such animal has been used and an article made
therefrom.
3.)"Trophy" means the whole or any part of any
captive or wild animal (other than vermin) which has
been kept or preserved by any means, whether artificial
or natural. This includes:
(a) rugs, skins, and specimens of such animals mounted
in whole or in part through a process of taxidermy.
(b) antler, horn, rhinoceros horn, feather, nail, tooth,
musk, eggs, and nests.
4.)"Uncured trophy" means the whole or any part of
any captive animal (other than vermin) which has not
undergone a process of taxidermy. This includes a
freshly killed wild animal, ambergris, musk and other
animal products.
Wild Life Protection Act (1972)

The act was passed by the parliament of India in 1972


to protect India's wildlife.

According to the wildlife protection act of 1972,


wildlife includes any animal, bees, butterfly, crustacean,
fish and moth; and aquatic or land vegetation, which
form part of any habitat. Example: lion, deer,
crocodiles, whales, trees and shrubs in dense forests etc.

Therefore, wildlife refers to living organisms (flora and


fauna) in their natural habitats. But cultivated plants
and domesticated animals are not included in wildlife.
OBJECTIVES

1. The main objective of the Act is to provide


protection to wild animals, birds and plants. The
Act empowers the Central Govt. to declare certain
areas as Sanctuaries or National Parks. The Act
prohibits hunting of wild animals; birds etc. and
impose punishment.

2. Setting up and management of national parks and


wildlife sanctuaries.

3. Before 1972 India only had five designated


national parks.

4. Control of trade and commerce in wildlife, and


wildlife products.
SALIENT FEATURES

1) Applicable all over India except Jammu and


Kashmir which has its own Act.

2) It has six schedules which give varying degree of


protection.
3) Schedule I and part II of schedule II provide
absolute protection – offences under these are
prescribed the highest penalties

4) Species listed in schedule I and schedule III are


also protected but the penalties are much lower.
5) Schedules I,II,III & IV list different protected
species, the killing or trade of which are
prohibited.

6) Schedule V lists vermin which may be killed.


7) Schedule VI lists protected plants.

8) A schedule I offence can earn a repeat offender 6


years in prison and a fine of Rs. 25,000.
SANCTUARIES

The state govt. By notification, may declare any area


within the reserved forest or territorial waters as a
sanctuary if it considers fit the area for protection and
conservation of wild life.

A sanctuary is a protected area of land, wetland or sea


reserved for the conservation of wild animals, birds and
plants. India has over 492 wildlife sanctuaries. These
cover over 3% of India's total geographical area.
Hunting of any kind is prohibited in sanctuaries. Private
ownership rights over sanctuaries and limited human
activities may be granted provided they do not interfere
with the normal activities (feeding, nesting, breeding of
wildlife)
NATIONAL PARKS

The state govt. By notification, may declare an area


whether within a sanctuary or not, is by reason of its
ecological or other technical grounds needed to be
constituted as a national, park for the purpose of
protection, propagating or developing wild life.
A national park is protected area of land in which a
typical ecosystem with all its wild plants and animals
are protected and preserved in natural surroundings.
1. ) As of April 2012, there were 102 national parks.
Jim Corbett national park in Uttarakhand,
established in 1936, was the first national park in
India.

2. ) All national park lands then encompassed a total


39,919 km2, comprising 1.21% of India's total
surface area

3. )A total of 166 national parks have been


authorized.

4. Over 17 national parks and sanctuaries have been


selected for project tiger to protect and increase
tiger population in India.
HUNTING

1) It includes capturing, killing , poisoning , snaring


or trapping any wild animals and every attempt to
do so

2) Driving any wild animals for any of the purpose


specified in sub clause

3) Injuring destroying or taking any body part of any


animals, or in the case of wild birds or reptiles,
disturbing or damaging the eggs or nests of such
birds or reptiles
TAXIDERMY

1) Taxidermy means the curing, preparation or


preservation of trophies

2) Trophy means the whole or any part of any


captive or wild animal which has been kept
or preserved by any means, whether
artificial or natural. this include

3) Rugs, skins, and specimens of such animals


mounted in whole or in part through a
process of taxidermy

4) Antler, horns, rhinoceros horn, feather, nail,


tooth , musk , eggs and nests
PENALTIES
(Section 51)

Penalties are prescribed in section 51. Enforcement can


be performed by agencies such as the Forest
Department, the Police, the Wildlife Crime Control
Bureau (WCCB), the Customs and the Central Bureau
of Investigation (CBI).

Charge sheets can be filed directly by the Forest


Department. Other enforcement agencies, often due to
the lack of technical expertise, hand over cases to the
Forest Department.
AMENDMENTS

Wild Life (Protection) Amendment Act 1986

Wild Life (Protection) Amendment Act 1991

Wild Life (Protection) Amendment Act 1993

Wild Life (Protection) Amendment Act, 2002

Wild Life (Protection) Amendment Act 2006

Wild Life (Protection) Amendment Act 2013

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