Wildlife (Protection) Act of 1972 (Download Notes)

Overview: The Wildlife (Protection) Act of 1972 is a landmark legislation in India’s legal and environmental history. It provides the framework for protecting endangered species, regulates the hunting and trade of wildlife, and establishes protected areas like national parks and wildlife sanctuaries.

For law students and candidates preparing for the All India Bar Examination (AIBE), it is important to prepare Wildlife (Protection) Act of 1972 and to help you with that, we have curated notes and study material to help you with the same.

In this blog, we will cover:

• Everything about the Wildlife (Protection) Act of 1972
• Salient Features of the Wildlife Protection Act, 1972
• Challenges Facing the Wildlife Protection Act
• Bodies Constituted Under the Act

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What is the Wildlife (Protection) Act of 1972?

The Wildlife (Protection) Act of 1972 provides a comprehensive legal framework for protecting wild animals and plants and their habitats and regulating trade in wildlife products. It defines varying degrees of protection for species, including specific schedules categorizing animals and plants based on their level of security. The Act significantly enables India's entry into CITES (Convention on International Trade in Endangered Species of Wild Fauna and Flora), regulating trade in endangered species.

Previously, Jammu and Kashmir were not included under this Act, but following the reorganisation, the Wildlife Protection Act now applies to the region.

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History of Wildlife Protection Legislation in India

The journey of wildlife protection legislation in India dates back to the British era:

• The first such law was the Wild Birds Protection Act of 1887, which sought to prohibit the possession and sale of certain wild birds during their breeding seasons.
• This was followed by the Wild Birds and Animals Protection Act of 1912, later amended in 1935 to safeguard wildlife further.
• Despite these early laws, wildlife protection was not a priority during British rule. However, post-independence, the need to protect wildlife and prevent the extinction of certain species became more pressing, leading to the passage of the Wildlife Protection Act of 1972.

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The Need for the Wildlife Protection Act

Before the Wildlife Protection Act of 1972, India was witnessing a rapid decline in the population of various species:

• India, known for its diverse flora and fauna, saw the population of species such as tigers dramatically decrease. For example, in 1900, India had nearly 40,000 tigers, but by 1972, that number had dwindled to just 1,827.
• A nationwide law was needed to address the rampant poaching and illegal trade in wildlife. The existing laws, such as the Wild Birds and Animals Protection Act of 1935, had weak penalties and were outdated compared to the significant financial gains poachers received.
• At the time, India had only five national parks. Thus, the 1972 Act was necessary to establish more protected areas, improve enforcement, and impose stronger penalties.

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Salient Features of the Wildlife Protection Act, 1972

1. Protection of Species: The Act provides a framework for protecting endangered species by prohibiting the hunting and trading of wildlife listed in its schedules.
2. Formation of Authorities: It mandates the establishment of Wildlife Advisory Boards and wildlife Wardens and outlines their powers and duties.
3. International Compliance: The Act facilitated India’s participation in CITES (Convention on International Trade in Endangered Species), a global treaty to protect endangered species from the risks of international trade.
4. Creation of Protected Areas: The Act enables the establishment of national parks, sanctuaries, conservation reserves, and community reserves to protect wildlife habitats.
5. Licenses and Regulation: It regulates the sale, possession, and transfer of certain wildlife species, ensuring that permits are mandatory for such activities.
6. Schedules of Protection: The Act includes six schedules that offer varying degrees of protection for different species of plants and animals, with Schedule I providing the highest level of security.
7. Central Zoo Authority: The Act led to the formation of the Central Zoo Authority in 1992, which regulates and monitors zoos across India.
8. National Board for Wildlife: The Act established the National Board for Wildlife, chaired by the Prime Minister, to advise the central government on wildlife conservation and protection matters.
9. Tiger Conservation: The Act also established the National Tiger Conservation Authority (NTCA), which oversees tiger conservation through Project Tiger.

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Protected Areas under the Act

1. Sanctuaries: Areas where wildlife is protected from hunting, poaching, and other human interference. Limited human activities, like collecting minor forest products, are allowed.
2. National Parks: Stricter than sanctuaries, national parks focus on conserving ecosystems and biodiversity. Human activity, such as grazing or timber collection, is prohibited in these parks.
3. Conservation Reserves: Areas designated adjacent to national parks or sanctuaries to support conservation efforts, declared in consultation with local communities.
4. Community Reserves: Private or community lands designated for conservation, managed by the local communities with state support.
5. Tiger Reserves: Special reserves created to protect and conserve tigers, declared based on NTCA recommendations.

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Schedules Under the Wildlife Protection Act

• Schedule I provides absolute protection for the listed species, with the highest penalties for violations. Examples include tigers, blackbucks, and snow leopards.
• Schedule II: Species under this schedule are also highly protected, and their hunting or trade is prohibited except under specific circumstances.
• Schedules III and IV: These lists include species that are not endangered but still receive protection. Penalties for violations are less severe than those under Schedules I and II.
• Schedule V: Animals listed here are classified as vermin and may be hunted. Examples include rats, crows, and fruit bats.
• Schedule VI: This includes plants prohibited from cultivation, such as pitcher plants and certain orchids.

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Challenges Facing the Wildlife Protection Act

• Lack of Awareness: Despite the Act's over 50 years of existence, many citizens remain unaware of its provisions and the importance of wildlife conservation.
• Human-Wildlife Conflict: Increased human population and habitat encroachment have led to conflicts between people and wildlife, resulting in illegal killings.
• Illegal Wildlife Trade: Despite solid legal provisions, poaching and the illicit trade of wildlife products threaten India’s biodiversity.
• Inadequate Penalties: The penalties for wildlife crimes are often not stringent enough to deter poaching and illegal trade.
• Climate Change: The impact of climate change on wildlife habitats is becoming more severe, and the Act must adapt to these emerging challenges.
• Lack of Community Participation: Effective wildlife conservation requires active participation from local communities, which is often lacking.

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Constitutional Provisions for the Wildlife Act

• The 42nd Amendment Act of 1976 moved "Forests and Protection of Wild Animals and Birds" from the State List to the Concurrent List, giving both the Central and State Governments authority over these matters.
• Article 51A(g) of the Constitution mandates that every citizen protect the natural environment, including wildlife.
• Article 48A of the Directive Principles of State Policy directs the State to protect and improve the environment, ensuring wildlife protection.

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Bodies Constituted Under the Act

• National Board for Wildlife (NBWL): The apex body for reviewing wildlife matters and approving projects near national parks and sanctuaries.
• State Board for Wildlife (SBWL): Chaired by the Chief Minister of the respective state or union territory.
• Central Zoo Authority: This authority regulates zoos across the country, providing recognition and ensuring the proper management of zoo animals.
• National Tiger Conservation Authority (NTCA): Established in 2005 to strengthen tiger conservation efforts.
• Wildlife Crime Control Bureau (WCCB): Formed to combat organized wildlife crime in India.

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Protected Areas Under the Act

The Act defines five types of protected areas: Sanctuaries, National Parks, Conservation Reserves, Community Reserves, and Tiger Reserves, all established to safeguard wildlife habitats.

Important Amendments to the Wildlife Act

1. Wildlife (Protection) Amendment Act, 1991: This act strengthened penalties for wildlife offenses and enhanced protection for endangered species.
2. Wildlife (Protection) Amendment Act, 2002: Introduced community and conservation reserves as new protected areas.
3. Wildlife (Protection) Amendment Act, 2006: Addressed human-wildlife conflict and established the National Tiger Conservation Authority (NTCA).
4. Wildlife (Protection) Amendment Act, 2022: This act expanded the number of protected species, aligned the Act with CITES, and reduced the number of schedules to four, streamlining protection levels.

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Wildlife Conservation Initiatives Under the WPA

• Project Tiger: Launched in 1973 to conserve tigers and their habitats, which is still ongoing under the Ministry of Environment, Forest, and Climate Change.
• Project Elephant: Initiated in 1992 to protect elephants and their habitats. It includes the identification of 88 corridors to facilitate elephant movement.
• Wildlife Corridors: These provide safe passage between protected areas for wildlife, such as leopards. India’s first urban wildlife corridor is planned between New Delhi and Haryana.

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Challenges in Implementing the Wildlife Protection Act, 1972

• Lack of Awareness: Despite its long existence, many people remain unaware of the Act and the importance of wildlife conservation.
• Human-Wildlife Conflict: As human populations expand, conflicts with wildlife increase, often resulting in the illegal killing of protected species.
• Illegal Wildlife Trade: Poaching and illegal wildlife trade continue to thrive, threatening the survival of many species.
• Lack of Coordination: Poor coordination between agencies like the Forest Department, police, customs, and revenue departments hampers the enforcement of the Act.
• Inadequate Penalties: Penalties under the Act are often too lenient to deter wildlife crimes effectively.
• Lack of Community Participation: Conservation efforts struggle without the active involvement of local communities.
• Impact of Climate Change: Climate change poses significant threats to wildlife habitats, and the Act must evolve to address these challenges.

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Conclusion

While the Wildlife Protection Act of 1972 has been a critical tool in protecting India’s wildlife for over 50 years, it still faces several challenges. Addressing issues like human-wildlife conflict, lack of awareness, and illegal wildlife trade requires a concerted effort from the government, civil society, and the public.

Strengthening penalties, enhancing enforcement, and promoting community involvement are crucial steps in ensuring the continued protection of India’s rich wildlife heritage.

With continued efforts, this Act can protect India’s wildlife and preserve its natural heritage for future generations.