Wildlife Protection Act 1972- Salient Features, Amendment

India is home to a wide variety of plants and animals, with 10% of the world’s species. However, due to rapid deforestation, the ecological balance is at risk, leading to disasters. Many wild animals in India are disappearing, with species like the Indian aurochs, Asiatic cheetah, and pink-headed duck extinct, and others like the Bengal tiger and Asiatic lion endangered. As human development spreads into forests, it threatens both wildlife and human lives. In India, the Wildlife Protection Act of 1972 is the main law to safeguard animals, birds, and plants, focusing on biodiversity and preventing extinction. The Act helps protect ecosystems and ensures wildlife survival for future generations.

Wildlife Protection Act 1972

Post-independence, India saw significant changes in policies related to environmental protection, leading to laws for preserving forests, water, air, and biodiversity. Wildlife protection, in particular, gained attention through provisions in the Indian Constitution, such as Articles 48(A) and 51(A)(g), which mandate the state and citizens to protect wildlife.

The Wildlife Protection Act (1972) was introduced to safeguard endangered plants and animals. It covers:

• Captive breeding programs for species like lions, tigers, and crocodiles.
• Protection for flora and fauna, and the establishment of protected areas like wildlife sanctuaries and national parks.
• Bans on industrial activities in these areas and restrictions on hunting, except in specific cases (e.g., dangerous or diseased animals).

The Act includes Schedules detailing varying levels of protection for species:

• Schedule I and II: Highest protection, with severe penalties for violations.
• Schedule III and IV: Lower penalties, still providing protection.
• Schedule V: Animals that can be hunted, like common crows and rats.
• Schedule VI: Prohibits the cultivation of certain plants.

The Wildlife Protection Act also sets penalties for illegal hunting, ranging from 3 to 7 years of imprisonment, along with fines. It includes provisions for community and conservation reserves, allowing local communities to help in wildlife protection. The Act is essential due to the rapid decline in India’s wildlife. Many species are endangered or extinct, and older laws, like the Wild Birds and Animals Protection Act (1935), became outdated. Efforts are being made by both the government and individuals to conserve wildlife.

Salient Features of Wildlife Protection Act 1972

Below are the salient features of Wildlife Protection Act 1972:

1. Hunting Restrictions: The Act bans hunting of wild animals, except for specific cases related to education and research.

2. Protection of Plants: It prohibits picking or uprooting certain plant species to ensure their protection.

3. Protected Areas: The Act provides for the creation of Sanctuaries and National Parks to safeguard wildlife and their habitats.

4. Trade Prohibitions: It bans the trade of trophies, animals, and animal products from protected species.

5. Ownership of Hunted Animals: If any animal is hunted in a Sanctuary or National Park, it legally belongs to the Government.

6. State Government Powers: State governments can declare areas as Sanctuaries or National Parks if they are ecologically or biologically important.

7. Central Government Powers: The Central Government can also declare areas as Sanctuaries or National Parks if the State Government transfers control to them.

These rules protect wildlife by limiting hunting, preserving natural habitats, and controlling trade. The Wildlife Protection Act of 1972 is important in conserving India’s biodiversity and supporting wildlife protection.

Wildlife Protection Act Amendment

Resolution to Protect Wildlife from 1963:

• 1963: The IUCN called for an international convention to regulate trade in rare or threatened wildlife and their products.
• 1973: 21 countries signed the CITES (Convention on International Trade in Endangered Species) to prevent over-exploitation through international trade.
• 1972: India enacted the Wildlife (Protection) Act due to the threat from illegal trade of animal skins and body parts like tiger skins and rhino horns.
• 1976: India ratified CITES to strengthen its wildlife protection efforts.
• 1982 Amendment: Addressed loopholes in the Wildlife Act, allowing the capture and transport of animals for scientific management.
• 1991 Amendment: Added provisions for protecting specific plants, regulating zoos, and considering the welfare of tribal communities. Strengthened hunting prohibitions and introduced measures like marking wildlife stock for licensed dealers.
• 2002 Amendment: Added Chapter VI-A to deal with property derived from illegal hunting and trade. Introduced co-operative management through conservation and community reserve committees.
• 2006 Amendment: Established the National Tiger Conservation Authority and introduced a new chapter for Tiger Reserves. Created the Wildlife Crime Control Bureau (WCCB) to monitor illegal trade.
• 2013 Amendment: Proposes harsher penalties for illegal hunting, sale, and trade of wildlife, including higher fines and longer jail sentences. It also allows tribal communities in the Andaman and Nicobar Islands to hunt under specific conditions.
• 2017 Amendment: Enhanced protection for endangered species. Stricter penalties for wildlife trafficking and poaching. Established the National Wildlife Crime Control Bureau.
• 2021 Amendment: Expanded powers for the Wildlife Crime Control Bureau (WCCB). Increased penalties for illegal hunting, trade, and trafficking.
• 2022 Amendment: Provisions for protecting migratory species. Stricter guidelines for eco-sensitive zones. Focus on coastal and marine wildlife protection.
• 2024 Amendment: Emphasis on community participation in conservation. Addressed climate change impacts on wildlife. Introduced adaptive management strategies for protected areas.

These amendments show a growing effort to improve wildlife conservation and protect India’s biodiversity through stricter laws and enforcement.

Schedule of Wildlife Protection Act

The Wildlife Protection Act, 1972 (WPA) is an Indian law designed to protect plants and animals. It aims to safeguard wildlife, control poaching, and prevent illegal trade in wildlife and its products. The Act lists protected species in four schedules, with Schedule I covering the most endangered species.

• Schedule I: This schedule contains the most endangered species of wild animals and plants. These species are prohibited from being hunted, captured, traded, or possessed.
• Schedule II: This schedule contains the species that are also accorded high protection with the prohibition on their trade. However, they can be hunted or captured under certain circumstances, such as for scientific research or for the control of pests.
• Schedule III: This schedule contains the species that are protected but with a lesser degree of protection than Schedule I and II. These species can be hunted or captured with a permit from the government.
• Schedule IV: This schedule contains the species that are included in the Convention on International Trade in Endangered Species of Wild Flora and Fauna (CITES). These species cannot be traded internationally without a permit from the government.

The schedules of the WPA are an important tool for the protection of wildlife in India. They help to ensure that the most endangered species are protected, and that trade in wildlife is regulated.

Wildlife Protection Act 1972 for Protecting Habitats

The Wildlife Protection Act of 1972 holds significant importance in preserving wildlife habitats across India. This legislation establishes legal frameworks and guidelines for the protection and conservation of crucial habitats essential for the survival of diverse wildlife species. The Act recognizes and designates five distinct types of protected areas:

• National Parks: These areas are established to conserve and protect the natural habitat, biodiversity, and ecosystems of various wildlife species.
• Wildlife Sanctuaries: These designated sanctuaries serve as safe havens for wildlife, where activities like hunting and poaching are strictly prohibited.
• Tiger Reserves: Tiger reserves focus specifically on the conservation and protection of the endangered tiger species, ensuring their habitats remain undisturbed.
• Conservation Reserves: These reserves aim to safeguard and manage areas that are significant for the conservation of specific species, biodiversity, or ecological landscapes.
• Community Reserves: Community reserves involve local communities in the conservation process, empowering them to participate in the management and preservation of wildlife and their habitats.

Through the identification and establishment of these protected areas, the Wildlife Protection Act plays a pivotal role in safeguarding wildlife habitats and promoting their conservation in India.

Criticisms and Limitations of the Wildlife Protection Act (WLPA)

Despite several environmental laws, issues like deforestation, wildlife loss, polluted rivers, and air quality problems persist, showing that environmental laws often fail in implementation. Some major drawbacks of the WLPA include:

• Mild penalties for offenders.
• Illegal wildlife trade, especially in Jammu & Kashmir.
• Personal ownership certificates for animal products like tiger and leopard skins.
• No protection for foreign endangered wildlife.
• Poor conditions in mobile zoos.
• Limited focus on plant genetic resources.
• Ineffective border controls allow wildlife trafficking, especially through the Indo-Chinese border.
• Lack of enforcement in Jammu & Kashmir, which has diverse wildlife not covered by the state’s law.
• Scientific practices like venom extraction from endangered snakes are not adequately regulated.
• Abuse of the self-defense clause (Section 11(2)), which allows people to claim self-defense when caught hunting, often without proof.

These loopholes and limitations undermine the WLPA’s effectiveness in protecting wildlife.

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