What is the Latest Amendment in Wildlife Protection Act (WLPA), 1972? | Today’s Editorial Analysis

Why Wildlife Protection Act (WLPA), 1972 in News?

• The Wildlife (Protection) Amendment Bill, making significant amendments to the Wildlife Protection Act (WLPA), 1972 was passed by the Rajya Sabha in the winter session of Parliament December 8, 2022.
• One of the most important amendments to Wildlife Protection Act (WLPA), 1972 has been made to Section 43 by permitting elephants, Schedule I animals, to be used for ‘religious or any other purpose’.

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Background of Wildlife (Protection) Amendment Bill 

The Bill, which will amend the Wild Life (Protection) Act, 1972 to increase the species protected under the law, was passed by the Lok Sabha on August 2, 2022.

What is the aim of The Wildlife (Protection) Amendment Bill?

• The Wildlife (Protection) Amendment Bill aims to increase protection for species that are protected by law.
• It plans to do this by implementing the provisions of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) in the Act.

How Wildlife (Protection) Amendment Bill fulfills obligation under CITES?

What is CITES?

CITES is an international agreement between governments to ensure that international trade in specimens of wild animals and plants does not threaten the survival of the species.

How Wildlife (Protection) Amendment Bill fulfills obligation under CITES?

• Illegal animal trade in India is regulated under the Customs Act, 1962; Foreign Trade (Development and Regulation) Act, 1992; Exim Policy and Wildlife (Protection) Act, 1972.
• However, the Wildlife (Protection) Amendment Bill was brought since CITES requires an independent framework for wildlife protection.
• Insertion of a new Schedule: A major amendment introduced by the Bill include the insertion of a new Schedule for species listed under CITES Appendices as well as the constitution of a Standing Committee to exercise powers and duties delegated by the State Wildlife Boards, in Section 6.
• Designation of a Management Authority: A proposed new Section 49E provides for the designation of a Management Authority by the central government. The Authority will be responsible for the issuance of permits and certificates for trade in scheduled specimens in accordance with the CITES and the submission of reports. It shall also perform other functions that may be necessary to implement the provisions of the Convention.
• Another Section 49F will empower the Centre to designate one or more institutes engaged in research on species as a Scientific Authority to advise the Management Authority and monitor the export permits granted for specimens of species listed in Appendix II of Schedule IV and the actual export of such specimens.

How the latest amendment will reframe Wildlife Protection Act (WLPA), 1972?

Implements the provisions of the CITES

A new schedule is Inserted for specimens listed in the Appendices under CITES.

Provides much more power at the hands of the Central Government

• The central government can designate a Management Authority, which grants export or import permitsfor the trade of specimens.
• Central Government can regulate or prohibit the import, trade, possession or proliferation of invasive alien species (plant or animal species which are not native to India and whose introduction may adversely impact wildlife or its habitat)
• The central government may also notify a conservation reserve ( typically act as buffer zones to or connectors and migration corridors between established national parks, and wildlife sanctuaries)

Reduces the number of schedules from Six to Four

• Which will be new 4 schedules?
  • Schedule I: Animal species that will enjoy the highest level of protection
  • Schedule II: Animal species that will be subject to a lesser degree of protection
  • Schedule III: Protected Plant species
  • Schedule IV: Specimens listed in the Appendices under CITES (scheduled specimens)

• People possessing live specimens of scheduled animals must obtain a registration certificate from the Management Authority.
• The bill provides for any person to voluntarily surrender any captive animals, without any compensation and consequent authority over the animal.
• The Bill allows for Commercial Trade In Live Elephants. The Bill, therefore, allows for commercial trade in elephant. This is contrary to the previous act (Wildlife (Protection) Act, 1972) which specifically prohibits trade in Wild Animals including captive and wild elephants.
• For sanctuaries falling under Scheduled Areas (where FRA 2006 is applicable and comes under the 5th Schedule), the management plan must be prepared after due consultation with the Gram Sabha concerned.
• States can declare areas adjacent to National parks and Sanctuaries as Conservation Reserve, for protecting flora and fauna, and their habitat.
• The bill increases the Penalties – For General violation ( increases to Rs 1,00,000 from Rs25,000) and for specially protected animals ( increases to 25,000 from Rs 10,000).

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Key Criticism

• Several wildlife and legal experts are of the opinion that the provisions under the Bill were counterintuitive to the objectives of the Wildlife Protection Act, 1972.
• Many says that the bill has potential of encouraging commercial trade of elephants, their captivity and brutality. They say that amendment in Section 43 by permitting elephants, Schedule I animals, to be used for ‘religious or any other purpose’ is in direct contravention of the principal Act, which prohibits transport of wildlife for consideration.
• Many says that the government missed the opportunity to address the issues relating to Human-Wildlife conflict, Eco-sensitive zone rule, etc. They pointed that the species listed in all the 3 schedules of the Bill is incomplete as per the report submitted by the Parliamentary Standing Committee.
• Does not follow principles of Federalism: Many says that establishing Standing Committee of Board for Wildlife to be headed by the Forest Minister with maximum 10 nominated members and Management and Scientific Authorities reduces state’s involvement and injures India’s Federal structure.

FAQs on Latest Amendment in Wildlife Protection Act (WLPA), 1972

Q. What is CITES?

Ans. CITES is an international agreement between governments to ensure that international trade in specimens of wild animals and plants does not threaten the survival of the species.

Q. Illegal animal trade in India is regulated under which acts?

Ans. Illegal animal trade in India is regulated under the Customs Act, 1962; Foreign Trade (Development and Regulation) Act, 1992; Exim Policy and Wildlife (Protection) Act, 1972.

Q. What is the latest amendment in Wildlife (Protection) Act, 1972 regarding elephants?

Ans. One of the most important amendments to Wildlife Protection Act (WLPA), 1972 has been made to Section 43 by permitting elephants, Schedule I animals, to be used for ‘religious or any other purpose’.

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