WILDLIFE PROTECTION ACT, 1972

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The Indian Parliament enacted the Wildlife (Protection) Act in 1972, which provides for the
safeguard and protection of the wildlife (flora and fauna) in the country. This is important
legislation and forms an integral part of the environment and ecology.

This Act provides for the protection of the country’s wild animals, birds, and plant species, in
order to ensure environmental and ecological security. Among other things, the Act lays
down restrictions on hunting many animal species. The Act was last amended in the year
2006. An Amendment bill was introduced in the Rajya Sabha in 2013 and referred to a
Standing Committee, but it was withdrawn in 2015.

Constitutional Provisions for the Wildlife Act

Article 48A of the Constitution of India directs the State to protect and improve the
environment and safeguard wildlife and forests. This article was added to the Constitution by
the 42nd Amendment in 1976.

Article 51A imposes certain fundamental duties for the people of India. One of them is to
protect and improve the natural environment including forests, lakes, rivers, and wildlife and
to have compassion for living creatures.

History of wildlife protection legislation in India

 The first such law was passed by the British Indian Government in 1887 called the
Wild Birds Protection Act, 1887. The law sought to prohibit the possession and sale
of specified wild birds that were either killed or captured during a breeding session.
 A second law was enacted in 1912 called the Wild Birds and Animals Protection Act.
This was amended in 1935 when the Wild Birds and Animals Protection
(Amendment) Act 1935 was passed.
 During the British Raj, wildlife protection was not accorded a priority. It was only in
1960 that the issue of protection of wildlife and the prevention of certain species from
becoming extinct came into the fore.
Need for the Wildlife Protection Act

Wildlife is a part of ‘forests’ and this was a state subject until the Parliament passed this law
in 1972. Now it is Concurrent List. Reasons for a nationwide law in the domain of
environment particularly wildlife include the following:

1. India is a treasure-trove of varied flora and fauna. Many species were seeing a rapid
decline in numbers. For instance, it was mentioned by Edward Pritchard Gee (A
naturalist), that at the turn of the 20th century, India was home to close to 40000
tigers. But, a census in 1972 showed this number drastically reduced to about 1827.
2. A drastic decrease in the flora and fauna can cause ecological imbalance, which
affects many aspects of climate and the ecosystem.
3. The most recent Act passed during the British era in this regard was the Wild Birds
and Animals Protection, 1935. This needed to be upgraded as the punishments
awarded to poachers and traders of wildlife products were disproportionate to the
huge financial benefits that accrue to them.
4. There were only five national parks in India prior to the enactment of this Act.

Salient Features of Wildlife Protection Act

This Act provides for the protection of a listed species of animals, birds, and plants, and also
for the establishment of a network of ecologically-important protected areas in the country.

 The Act provides for the formation of wildlife advisory boards, wildlife wardens,
specifies their powers and duties, etc.
 It helped India become a party to the Convention on International Trade in
Endangered Species of Wild Fauna and Flora (CITES).
o CITES is a multilateral treaty with the objective of protecting endangered
animals and plants.
o It is also known as the Washington Convention and was adopted as a result
of a meeting of IUCN members.
 For the first time, a comprehensive list of the endangered wildlife of the country was
prepared.
 The Act prohibited the hunting of endangered species.
 Scheduled animals are prohibited from being traded as per the Act’s provisions.
  The Act provides for licenses for the sale, transfer, and possession of some wildlife
species.
 It provides for the establishment of wildlife sanctuaries, national parks, etc.
 Its provisions paved the way for the formation of the Central Zoo Authority. This is
the central body responsible for the oversight of zoos in India. It was established in
1992.
 The Act created six schedules which gave varying degrees of protection to classes of
flora and fauna.
o Schedule I and Schedule II (Part II) get absolute protection, and offences
under these schedules attract the maximum penalties.
o The schedules also include species that may be hunted.
 The National Board for Wildlife was constituted as a statutory organization under
the provisions of this Act.
o This is an advisory board that offers advice to the central government on
issues of wildlife conservation in India.
o It is also the apex body to review and approve all matters related to wildlife,
projects of national parks, sanctuaries, etc.
o The chief function of the Board is to promote the conservation and
development of wildlife and forests.
o It is chaired by the Prime Minister.
 The Act also provided for the establishment of the National Tiger Conservation
Authority.
o It is a statutory body of the Ministry of Environment, Forest and Climate
Change with an overall supervisory and coordination part, performing
capacities as given in the Act.
o Its mandate is to strengthen tiger conservation in India.
o It gives statutory authority to Project Tiger which was launched in 1973 and
has put the endangered tiger on a guaranteed path of revival by protecting it
from extinction.

Protected Areas under the Wildlife Protection Act

There are five types of protected areas as provided under the Act. They are described below.
1. Sanctuaries: “Sanctuary is a place of refuge where injured, abandoned, and abused
wildlife is allowed to live in peace in their natural environment without any human
intervention.”

1. They are naturally-occurring areas where endangered species are protected from
poaching, hunting, and predation.
2. Here, animals are not bred for commercial exploitation.
3. The species are protected from any sort of disturbance.
4. Animals are not allowed to be captured or killed inside the sanctuaries.
5. A wildlife sanctuary is declared by the State government by a Notification.
Boundaries can be altered by a Resolution of the State Legislature.
6. Human activities such as timber harvesting, collecting minor forest products, and
private ownership rights are permitted as long as they do not interfere with the
animals’ well-being. Limited human activity is permitted.
7. They are open to the general public. But people are not allowed unescorted. There are
restrictions as to who can enter and/or reside within the limits of the sanctuary. Only
public servants (and his/her family), persons who own immovable property inside,
etc. are allowed. People using the highways which pass through sanctuaries are also
allowed inside.
8. Boundaries of sanctuaries are not generally fixed and defined.
9. Biologists and researchers are permitted inside so that they can study the area and its
inhabitants.
10. The Chief Wildlife Warden (who is the authority to control, manage and
maintain all sanctuaries) may grant permission to persons for entry or residence in
the sanctuary for the study of wildlife, scientific research, photography, the
transaction of any lawful business with persons residing inside, and tourism.
11. Sanctuaries can be upgraded to the status of a ‘National Park’.
12. Examples: Indian Wild Ass Sanctuary (Rann of Kutch, Gujarat); Vedanthangal Bird
Sanctuary in Tamil Nadu (oldest bird sanctuary in India); Dandeli Wildlife Sanctuary
(Karnataka).

2. National Parks: “National Parks are the areas that are set by the government to conserve
the natural environment.”

1.
 1.
1. A national park has more restrictions as compared to a wildlife
sanctuary.
2. National parks can be declared by the State government by
Notification. No alteration of the boundaries of a national park shall be
made except on a resolution passed by the State Legislature.
3. The main objective of a national park is to protect the natural
environment of the area and biodiversity conservation.
4. The landscape, fauna, and flora are present in their natural state in
national parks.
5. Their boundaries are fixed and defined.
6. Here, no human activity is allowed.
7. Grazing of livestock and private tenurial rights are not permitted here.
8. Species mentioned in the Schedules of the Wildlife Act are not allowed
to be hunted or captured.
9. No person shall destroy, remove, or exploit any wildlife from a
National Park or destroy or damage the habitat of any wild animal or
deprive any wild animal of its habitat within a national park.
10. They cannot be downgraded to the status of a ‘sanctuary’.
11. Examples: Bandipur National Park in Karnataka; Hemis National Park
in Jammu & Kashmir; Kaziranga National Park in Assam. See more on
List of National Parks in India.

3. Conservation Reserves: The State government may declare an area (particularly those
adjacent to sanctuaries or parks) as conservation reserves after consulting with local
communities.

4. Community Reserves: The State government may declare any private or community land
as a community reserve after consultation with the local community or an individual who has
volunteered to conserve the wildlife.

5. Tiger Reserves: These areas are reserved for the protection and conservation of tigers in
India. They are declared on the recommendations of the National Tiger Conservation
Authority.
The amended Wildlife Act doesn’t allow any commercial exploitation of forest produce
in both wildlife sanctuaries and national parks, and local communities are allowed to
collect forest produce only for their bona fide requirements.

Schedules of the Wildlife Protection Act

There are six schedules provided in the Wildlife Protection Act. They are discussed in the
table below.

Schedule I

 This Schedule covers

endangered species.
 These species need rigorous
Schedule II
protection and therefore, the
harshest penalties for  Animals under this list are
violation of the law are under also accorded high
this Schedule. protection.
 Species under this Schedule  Their trade is prohibited.
are prohibited to be hunted  They cannot be hunted
throughout India, except except under threat to
under threat to human life. human life.
 Absolute protection is  Examples: Kohinoor
accorded to species on this (insect), Assamese
list. Macaque, Bengal Hanuman
 The Trade of these animals is langur, Large Indian Civet,
prohibited. Indian Fox, Larger
 Examples: tiger, blackbuck, Kashmir Flying Squirrel,
Himalayan Brown Bear, Kashmir Fox, etc.
Brow-Antlered Deer, Blue
whale, Common Dolphin,
Cheetah, Clouded Leopard,
hornbills, Indian Gazelle, etc.

Schedule III & IV Schedule V

  This list is for species that are
not endangered.
 This includes protected
 This schedule contains
species but the penalty for
animals that can be hunted.
any violation is less
 Examples: mice, rat,
compared to the first two
common crow, fruit bats,
schedules.
etc.
 Examples: hyena, Himalayan
rat, porcupine, flying fox,
Malabar tree toad, etc.

Schedule VI

 This list contains plants that are forbidden from cultivation.

 Examples: pitcher plant, blue vanda, red vanda, kuth, etc.

The Supreme Court of India in T.N. Godavarman Thirumulpad v. Union Of

India (2012) referred to a quote, “The universe along with its creatures belongs to the Lord.
No creature is superior to any other. Human beings should not be above nature. Let no one
species encroach over the rights and privileges of other species.”

Main features of the Wildlife Protection Act, 1972

Authorities

Section 3 of the law empowers the federal government to appoint a manager with resources,
chief Conservation Officer and other officers and staff.

In addition, Section 4 gives authority to the state government to appoint the Asst. Director of
Wildlife Preservation, Director and other officials and employees.

Advisory Council on Wildlife:

It is set up in each state or federal region to advise the state government, selection and
declaration of the sanctuary, national park, enclosed space, etc., for wildlife conservation and
conservation.

Prohibition of Animal Hunting:

Animal Wildlife hunting is banned. Wildlife hunting is prohibited as described in the

appendix. However, there are other exceptions. The State government may order the killing
or injury of any animal in good faith for its own protection or to protect or save again. Any
animal that was killed or injured was not a crime and shall be of government purpose. The
government may allow some animals to be killed for educational purposes.

Prohibition of Cutting/Uprooting Specified Plants:

By notification, the State government can declare any area of forest or lake as a sanctuary if it
is considered a suitable place for wildlife conservation and conservation. It follows the
prohibition of Cutting/Uprooting Specified Plants.

National Parks:

By notification, the State government may state, whether the subject of the sanctuary or not,
should, for environmental reasons or other reasons, be established as a part of the national
park for the purpose of protection, propagation or development of wildlife.

Recognition of zoos:

No shelter should be operated without the knowledge of the authorities. The animal shelter
shall not be provided if the authority, for the sake of animal protection and conservation and
the principles, norms and other factors that may be listed, is satisfied that such support may
be provided. The authority must own or transfer any notification of the wildlife described in
this law by prior authorization. It is forbidden to mock, molest, injure or feed animals or
disturb animals by noise, or anything else or throw rubbish on the ground.

Prohibition of Hunting:

All wildlife, animals, and trophies will be the property of the state government. No one has
the right to hunt wild animals. No one, without the prior written permission of the Chief
Wildlife Warden or the Authorised Officer, owns, possesses, or controls, or submits to, any
person, or by gift, sale or otherwise, or by destruction or damage. The sale of trophies and
unlicensed animals is prohibited.

Government Property:

Anyone authorised under this Act has the right to enter, inspect, detain and occupy any
building. He can stop a car or a vessel. He has the right to enter any premises. Furthermore,
he can hold any captive animal—wild animal, animal, animal, trophy or untreated trophy or
any specified plant or part of its system.

Penalties: (Section 51 of the Wildlife Protection Act):

If the offences committed in connection with the animal described in Schedule-I or Part-II of
Schedule-II where the offence was related to hunting in the sanctuary or a national park or
exchange in the territory of a sanctuary or a national park, such an offence shall be
punishable by imprisonment not less than three years but up to seven years and a fine not
exceeding ten thousand rupees.

Authorities Constituted Under Wildlife (Protection) Act

As per the Sec. 3 of the Act, the Central Government may appoint a Director of Wildlife
Preservation, Assistant Directors of Wildlife Preservation and such other officers and
employees as may be necessary. As per the Sec. 4, the State Government may, for the purpose
of this Act, appoint Chief Wildlife Warden, Wildlife Warden, Honorary Wildlife Wardens and
other officers and employees as may be necessary. As per Sec. 6, the State Governments and
the Administrators in Union Territories shall constitute a Wildlife Advisory Board.

The Wildlife Advisory Board (Sec. 6)

The Sec. 6 of this Act enforces and enables the state governments and the administrators of
the Union Territories to constitute a Wildlife Advisory Board in each states and union
territories. In WWF v. Union of India, Supreme Court directed the states which didn't �t
constitute the Wildlife Advisory Board, to constitute within 2 months.

The members of the Wildlife Advisory Board

It shall consist of the Minister in charge of Forests in the State or Union territory as the
Chairman. If there is no such minister, then the Chief Secretary will be the Chairman of the
Board. The other members are, two members of the State Legislature or Legislature of Union
Territory; Secretary to the state government or the government of the union territory, in
charge of forests; the Forest officer in charge of the State Forest Department; an officer
nominated by the Director of Wildlife Preservation; Chief wildlife warden; officers of the
state government not exceeding 5; and such other persons, not exceeding 10, who in the
opinion of the state government, are interested in the protection of wildlife, including the
representatives of tribals not exceeding 3.

Duties of Wildlife Advisory Board (Sec. 8)

The Wildlife Advisory Board mainly constituted to advise the state government in the
following matters.
a) In the selection of areas to be declared as Sanctuaries, National Parks and Closed areas and
the administration thereof;

b) In formulation of the policy for protection and conservation of wildlife and specified
plants;
c) In any matter relating to the amendment of any schedule;
d) In relation to the measure to be taken for harmonizing the needs of the tribals and other
dwellers of the forests with the protection and conservation of wildlife;
e) In any other matter connected with the protection of wildlife which may be referred to it by
the state government.

Hunting of Wild Animals (Sec. 9)

Sec. 2(16(a) (b) (c)) defines the word hunting as follows Hunting, with its grammatical
variations and cognate expressions, includes; capturing, killing, poisoning, snaring, and
trapping or any wild animal and every attempt to do so; driving any wild animal for any of
purposes specified in sub clause; injuring or destroying or taking any part of the body of any
such animal, or in the case of wild birds or reptiles, damaging the eggs of such birds or
reptiles, or disturbing the eggs or nests of such birds or reptiles;

Sec. 9 of the Act prohibits hunting of any wild animal specified in Schedules 1, 2, 3, and 4.
Any person who hunts any wild animal shall be punishable with imprisonment for a term
which may extend to 3 years or with fine which may extend to Rs. 25000/- or with both.
However if any person commits the offence in the sanctuary or national park, with respect
any animal specified in Schedule 1, he shall be punishable with imprisonment which shall not
be less than 1 year but may extend to 6 years and also with fine which shall not be less than
5000/-.

Hunting of Wild animals to be permitted in certain cases

The Chief Wildlife Warden may permit hunting of wild animals in certain situations. They
are;
(a) The Chief Wildlife Warden may, if he is satisfied that any wild animal specified in
Schedule 1 has become dangerous to human life or is so disabled or diseased as to be beyond
recovery, by order in writing and stating the reasons therefore, permit any person to hunt such
animal or cause animal to be hunted;
(b) The Chief Wildlife Warden or the authorized officer may, if he is satisfied that any wild
animal specified in Schedule. II or III or IV has become dangerous to human life or to
property (including standing crops on any land) or is so disabled or diseased as to be beyond
recovery, by order in writing and stating the reasons therefore, permit any person to hunt such
animal or cause such animal to be hunted.

(c) The killing or wounding in good faith of any wild animal in defense of oneself or of any
other person shall not be an offence; Provided that nothing in this sub-section shall exonerate
any person who, when such defense becomes necessary, was committing any act in
contravention of any provision of this Act or any rule or order made there under.
(d) Any wild animal killed or wounded in defense of any person shall be Government
property.

Grant of permission for hunting for special purposes.

The Chief Wildlife Warden, permit, by an order in writing stating the reasons therefore, to
any person, on payment of such fee as may be prescribed, which shall entitle the holder of
such permit to hunt, subject to such conditions as may be specified therein, any wild animal
specified in such permit, for the purpose of,
(a) Education;
(b) Scientific research;
(c) Scientific management; means and includes
(i) translocation of any wild animal to an alternative suitable habitat; or
(ii) population management of wildlife, without killing or poisoning or destroying any wild
animals.
(d) Collection of specimens
(i) for recognised zoos subject to the permission under section 38-1 or
(ii) for museums and similar institutions;
(e) derivation, collection or preparation of snake-venom for the manufacture of life saving
drugs .

Protection of Specified plants

Sec. 17A of the Act prohibits picking, uprooting, etc., of specified plants. as otherwise
provided in this Chapter, no person shall: (a) willfully pick, uproot, damage destroy, acquire
or collect any specified plant from any forestland and area specified, by notification, by the
Central Government,

(b) possess, sell, other for sale, or transfer by way of gift or otherwise, or transport any
specified plant, whether alive or dead, or part or derivative thereof:
Provided that nothing in this section shall prevent a member of a scheduled tribe, subject to
the provisions of Chapter IV, from picking, collecting or possessing in the district he resides
any specified plant or part or derivative thereof for his bonafide personal use.
The Chief Wild Life Warden may with the previous permission of the State Government,
grant to any person a permit to pick, uproot, acquire or collect from a forest land or the area
specified under section 17A or transport, subject to such conditions as may be specified
therein, any specified plant for the purpose of education; scientific research., collection,
preservation and display in a herbarium of any scientific institutions; or propagation by a
person or an institution approved by the Central Government in this regard.

Forfeiture of Property Derived from Illegal Hunting and Trade

A new chapter, Chapter VI-A, had been incorporated by the Wildlife (Protection) Amendment
Act of 2002 . According to this new chapter, if any person or associate of persons or trust
acquires property from illegal hunting or trade of wildlife, it shall be forfeited to the State
Government by the competent authority. Such property can be forfeited after taking all
necessary steps (inquiry, investigation or survey in respect of any person, place, property,
documents institution, etc.) and after tracing and identifying any such property.
During the investigation and proceeding of forfeit the property, if the competent authority
finds that only a part of the acquired property is proved illegal, the authority shall make
orders, giving an opportunity to the person affected, to pay a fine equal to the market value of
such part of property in lieu of forfeiture.