The Wild Life (Protection) Act, 1972
The Wild Life
(Protection) Act, 1972
The Wild Life (Protection)
Act (WLPA), 1972 is a landmark piece of legislation in India that provides
the legal framework for the protection of various species of wild animals and
plants, the management of their habitats, and the regulation and control of
trade in parts and products derived from them.
1. Historical
Background and Necessity
Prior to 1972, India did not
have a comprehensive central legislation for wildlife. Protection was governed
by the Birds and Animals Protection Act, 1912 and various state-level
forest acts. The rapid decline in wildlife due to poaching and habitat loss
necessitated a uniform, stringent law.
●
Constitutional Provisions: Under the 42nd Amendment Act (1976), "Protection of
Wild Animals and Birds" was moved from the State List to the Concurrent
List.
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Article 48A: Mandates the State to protect and improve the environment and
safeguard wildlife.
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Article 51A(g): Imposes a fundamental duty on citizens to protect the natural
environment and have compassion for living creatures.
2. Key
Objectives of the Act
●
Prohibition of Hunting: To stop the indiscriminate killing of wild animals.
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Protection of Habitats: Establishing a network of Protected Areas (PAs).
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Regulation of Trade: Controlling the commerce of wildlife-derived products.
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Management of Zoos: Setting standards for ex-situ conservation.
●
Penalties: Providing legal teeth to punish offenders.
3. Authorities
under the Act
The Act mandates the
appointment of specific officers to oversee wildlife management:
1.
Director of Wildlife Preservation: Appointed by the Central
Government.
2.
Chief Wildlife Warden (CWLW): Appointed by the State Government; holds the primary statutory
powers regarding wildlife within the state.
3.
National Board for Wildlife (NBWL): Chaired by the Prime
Minister. It serves as the apex body for policy decisions.
4.
State Board for Wildlife (SBWL): Chaired by the Chief
Minister of the respective state.
4. The
Schedules of the Act (The Legal Hierarchy)
The Act categorizes species
into different "Schedules" based on the level of protection required.
(Note: Following the 2022
Amendment, the number of schedules was reduced to simplify the law.)
●
Schedule I: Includes species that are highly endangered (e.g., Tiger,
One-horned Rhino, Gangetic Dolphin). These receive absolute protection;
offenses involving these species carry the highest penalties.
●
Schedule II: Includes species with a high level of protection but lower than
Schedule I.
●
Schedule III: Protection of specific plant species.
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Schedule IV: Specimens listed under CITES (Convention on
International Trade in Endangered Species of Wild Fauna and Flora).
Important Note: The "Vermin"
category (previously Schedule V) has been revised. The Central Government may
notify any wild animal (other than those in Schedule I) as vermin for a
specified area and period if they pose a threat to crops or human life.
5. Protected
Areas (PAs)
The Act allows the
State/Central governments to declare specific areas for conservation:
1.
Sanctuaries: Areas of adequate ecological significance where some human
activities (like grazing) may be permitted by the CWLW.
2.
National Parks: Stricter protection than sanctuaries; no private rights or
grazing are allowed.
3.
Conservation Reserves: Typically act as buffer zones or connectors between established
National Parks/Sanctuaries.
4.
Community Reserves: Conservation areas on private or community land where the local
community has opted to protect the flora and fauna.
6. Hunting and
Trade Regulations
●
Section 9: Prohibits the hunting of any wild animal specified in Schedules
I and II.
●
Exceptions: Under Section 11, the CWLW may permit hunting if an
animal becomes dangerous to human life or is disabled/diseased beyond recovery.
●
Trade: Trading in trophies, animal skins, or meat derived from
scheduled animals is strictly prohibited without a license.
7. Recent
Amendments (2022)
The Wild Life (Protection)
Amendment Act, 2022 introduced several significant changes:
●
CITES Alignment: Integrated the provisions of CITES into domestic law.
●
Invasive Alien Species: Gave the government power to regulate or prohibit the
import/trade of species that threaten local biodiversity.
●
Rationalization: Reduced the number of schedules from six to four.
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Elephant Provisions: Introduced provisions regarding the transport of live elephants
for religious or other purposes under specific permits.
8. Penalties
and Enforcement
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Offenses related to Schedule I animals can lead to imprisonment
for a term of 3 to 7 years and substantial fines.
●
Repeat offenders face even stricter punishment and higher
minimum fines.
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The Wildlife Crime Control Bureau (WCCB) was established
to combat organized wildlife crime across state and international borders.
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