Wildlife Protection Act - Brief on All important Provisions that One must Know

Synopsis

The Wildlife Protection Act, 1972 is India’s bedrock in legislation to shield the nation’s prosperous natural diversity. This article provides an extensive exploration of the Act, dissecting its chapters, sections and schedules to provide judiciary aspirants a broad awareness of wildlife preservation laws. The Act inaugurates the legal framework to protect endangered species, regulate hunting and conserve natural habitats, ensuring ecological symmetry and sustainability.

The article delves into the category of species across all six schedules, each pondering over the different level of protection. Right from endangered animals (Schedule I) to pests and insects (Schedule V).Crucial provisions on the yet of protected areas such as national parks, wildlife sanctuaries, and conservation reserves are examined in detail.

Through this detailed examination, readers will gain insight into the Act’s legal sophistication and complications with its pragmatic application which reiterates the importance of preservation of wildlife at the forefront of growing environmental challenges.

Introduction 

The Wildlife Protection Act, 1972 came into existence to respond to the dangerous decline in India’s wildlife and the increased threat of poaching, destruction of habitat and extinction of species. Before its enacted, the conservation of the wildlife was overseen by bits and fragments of various different state laws, which led up to inconsistent protection measures spanning across regions. Admitting the deficiency of a unified legal framework brought in the urgency and need for it. Government of India brought this Act into legal conversation to provide an all-round protection to the wildlife, to restrain hunting and to also designate the protected areas.

This Act was passed at the time when the global awareness of environmental preservation was on the rise, getting influenced through various international agreements and conventions. India’s prosperous biodiversity which has been a home to the endangered species like the Bengal Tiger, Indian Elephant and Snow Leopard, needed urgent mediation in order to prevent the upcoming loss which looked like an irreversible damage, if done.

This Act not only forbade hunting and poaching but it also laid the cornerstone of national parks, wildlife sanctuaries and multiple biosphere reserves. Over the course of time, the legislation has seen multiple amendments which reinforced the protections and regulated the trade of wildlife products while also imposing stringent charges and fines for violators.

In today’s day and age the Wildlife Protection Act continues to be a bedrock of India’s environmental policies, paying vital roles in the preservation of the nation’s rich flora and fauna for the forthcoming generations.

An Overview Of The Act 

The Wildlife Protection Act, 1972 is a backbone of the wildlife reserves in India, it offers an organised legal structure to fend for the endangered species while restraining hunting and also holding up the biodiversity. This Act came into being for the purpose of combating the growing hazards to the multiplicity of  wildlife from poaching, habitat encroachment and their illegal exchange.This Act is an amalgamation of various preservation efforts under one national policy.

This Act, at its very core consists of seven chapters that encompass the different aspects of wildlife protection which ranges from the controlling of hunting and trade of wildlife to the procurement of safeguarded areas like the sanctuaries and national parks. The Act also reinforces the governments to make specific regions as eco-sensitive points in-order to evade damages for sanctuaries.

An intrinsic element of the Act is its categorisation of species into six schedules, each of which are reflective of the various levels of safety.

Schedule I and II grant the highest level of protection, obstructing the illegal hunting, smuggling and applying brutal charges and penalties for violators. Schedules III and IV wrap around the species that ,while not endangered, still need safety to prevent their declining population. Schedule V presents species categorised as vermin, permitting limited hunting. Schedule VI is focused on protecting the endangered specie of plants.

Chapter 1

Preliminary (Sections 1-4)

Chapter 1 sets the stage for the entire Act, reinstating its scope, the need for protection areas, and also the advisory unit that guarantees the Act’s effectiveness in its application. It gives out transparent descriptions and procedural domination to establish the wildlife sanctuaries and national parks, strengthening the foundation of conservation.

Section 1: Short Title, Extent, and Commencement

This section formally recognises the Act’s name as the Wildlife Protection Act, 1972. This section elucidates that the Act is applicable to all of India, excluding the state of Jammu and Kashmir (until the state’s special status was repealed in 2019, prior to which Jammu and Kashmir came under the Act). It states clearly the enactment date of the Act, pointing to its enforcement.

Section 2: Definitions

This section deals with the definition of critical terms that are being used throughout the Act, which also included,

• “Wildlife”- All the living and breathing organisms such as animals, birds, and plants come under its definition.
• “Protected area”- Areas that have been recognised as national parks, wildlife sanctuaries or conservation reserves.
• “Wildlife sanctuary” and “National Park”- Marks distinctions between these two protected areas with the help of particular legal provisions for both of them each.It gives clarity regarding the terms to diminish any sort of vagueness while interpreting it.

Section 3: Power to Declare Protected Areas

This section strengthens the central government or state governments to proclaim areas as wildlife sanctuaries or national parks in-order to safeguard the wildlife and also conserve their habitats. It sets the blueprint for appointing eco-sensitive zones wherein particular human activities may be forbidden or controlled as a precautionary measure against the damages to the ecosystem.

Section 4: Constitution of the National Wildlife Advisory Board

It provides for the constitution of a National Wildlife Advisory Board that instructs the government about the management of wildlife preservation, conservation techniques and the announcement of protected zones. The board’s function is crucial in assuring that policy decisions are well-known and paralleled with wildlife’s protection agendas.

Chapter 2

Prohibition of Hunting (Sections 5-9)

Chapter 2 is an important provision of this Act, it sets strict restrictions on hunting and establishing licensing requirements for exceptions. Through stringent penalties and controlled exceptions, this chapter aims to prevent poaching and save the nation’s wildlife, ensuring their protection from exploitation and harm.

Section 5: Prohibition of Hunting

This section forbids the hunting of wild animals and birds except under precise conditions permitted by the Act, such as for scientific examination or other government-issued activities. It provides that wildlife is defended from unwarranted damage, with the intent of conserving threatened species and conserving ecological balance.

Breach of this provision attracts extreme penalties, emphasising on the importance of legal protection for wildlife.

Section 6: Power to Grant Licenses for Hunting

This section equips the central government or state governments with the power to grant licenses for hunting in extraordinary circumstances. These contain cases of wildlife that need to be regulated due to overpopulation, damage to crops or for scientific purposes. The section assures that any such hunting is regulated, with permissions granted under rigorous guidelines to stave off any kind of misuse.

Section 7: Hunting of Wild Animals and Birds in Certain Areas Prohibited

This section further underscores the prohibition of hunting in areas that are precisely acknowledged as safeguarded under the Act, like the national parks and wildlife sanctuaries. It assures that these regions stay safe for the species that live within them, assisting in preserving their natural habitats and reduce the hazard of endangerment.

Section 8: Power to Grant Permits for Special Purposes

In specific cases, the central government can award special permissions for hunting or capturing wild animals or birds for specific objectives like research or human safety. The situations for such are strictly controlled to contain any misuse or mishap. This section substantiates that wildlife is only disturbed for valid and lawful reasons.

Section 9: Punishment for Violation of the Provisions of the Act

This section talks of the penalties for violations of the Act’s hunting prohibitions. Those found guilty of hunting or trying to hunt a protected species can face imprisonment for up to seven years and/or a fine. The penalty is more severe for cases involving endangered species, reflecting the critical implication of wildlife conservation.

Chapter 3

Protected Areas (Sections 10-38)

Chapter 3 of the Wildlife Protection Act, 1972 stresses on the establishment and management of protected regions to preserve wildlife and their habitats. This chapter furnishes the legal framework for the creation of national parks, wildlife sanctuaries and other protected regions, proposing them legal safety from human activities that might jeopardize wildlife. The following sections assemble this chapter together.

Section 10: Declaration of Wildlife Sanctuary

This section strengthens the state government to declare any area as a wildlife sanctuary for the safety and preservation of wildlife. It sketches the procedures for the declaration, comprising of public notice and consultation with local communities. The creation of a sanctuary helps protect the habitat of endangered species and handle human activities inside these regions.

Section 11: Management of Wildlife Sanctuaries

The state government is accountable for the handling and development of wildlife sanctuaries. This includes providing effective protection of wildlife, managing the restoration of the habitat and encouraging the conservation programs. This section provides the government with the authority to take integral actions to retain the sanctuary’s ecological integrity.

Section 12: Declaration of National Parks

This section permits the state government to claim any area as a national park. National parks are even more strictly regulated than wildlife sanctuaries, with even more stringent constraints on human activities like grazing and tourism. Its primary aim is to preserve wildlife and habitats with minimal disturbance.

Section 13: Management of National Parks

The state government or central government should implement specific management plans to protect national parks. This includes setting up satisfactory facilities, securing the safety of wildlife and maintaining ecological balance. It also facilitates the creation of buffer zones around national parks to diminish any external threats.

Section 14: Constitution of the National Board for Wildlife

The National Board for Wildlife (NBWL) is built in order to advise the government on issues related to wildlife conservation and the management of the protected areas. The board is assigned with making suggestions on the matters of policy, eco-sensitive zonesand the management of protected areas.

Section 15: Establishment of Conservation Reserves

This section permits the establishment of conservation reserves for the protection of particular species or ecosystems. These reserves are usually located in areas where human activity is already prevailing but they still need legal protection to save biodiversity. It gives a flexible approach to extend the protection of wildlife.

Section 16: Notification of Protected Areas

This section states that once a protected area is established, the government must notify the public and the appropriate authorities of its legal status and provide a sketch of the restrictions on human activities in that region.

Section 17: Restrictions on Activities in Protected Areas

This section sketches the specific restrictions on activities within national parks, wildlife sanctuaries and conservation reserves. These restrictions comprise of prohibiting hunting, setting up industries and grazing, among rest of the other activities that could jeopardise the delicate ecological mix of the area.

Section 18: Power to Exclude Land from Protected Areas

This section lets the government exclude certain land from the protected areas if it is found that the land is inappropriate for conservation or needs to be used for public purposes. However, this must be done adhering to proper legal procedures and confirming that the overall ecological goals are not compromised.

Section 19: Penalties for Unauthorized Activities in Protected Areas

This section establishes the set penalties for the violators of the restrictions made in protected areas, such as entering without permission, hunting or damaging the environment. Violators can face fines and imprisonment, depending on the intensity of the violation.

Section 20: Declaration of Eco-Sensitive Zones

The section lets the government declare eco-sensitive zones around national parks, wildlife sanctuaries and conservation reserves. These zones act as buffers to minimize human impact

Section 21: Prohibition of Hunting

This section forbids hunting of wild animals, with certain exceptions. It permits the hunting of animals only under specific circumstances, such as in case of self-defense or when approved by the government.

Section 22: Power to Grant Permits

This section empowers administrations to award permits for the hunting or capturing of animals under controlled conditions, particularly for scientific research or in cases of human-wildlife conflict.

Section 23: Control of Trade and Commerce in Wild Animals

It prohibits the trade and commerce of wild animals and animal products. Wildlife trade can only be carried out under strict government policies and permits, with penalties for violations.

Section 24: Establishment of Protected Areas

The section approves of the government to create and oversee protected areas, including national parks and wildlife sanctuaries, to preserve biodiversity and wildlife habitats.

Section 25: Regulation of Activities in Protected Areas

It regulates activities such as grazing, hunting, or any other action that may damage wildlife in protected areas. Any activity without permission within these areas is prohibited.

Section 26: Entry into Protected Areas

This section controls human access to protected areas, only permitting entry for scientific, research, or other regulated purposes. Unauthorized entry into such areas is an offense.

Section 27: Control over Killing of Wild Animals

This section deals with the killing of wild animals within protected areas, reinforcing the ban on hunting. It also sets punishments for illegal killings.

Section 28: Appointment of Wildlife Wardens

The government appoints wildlife wardens to oversee protected areas, securing that wildlife laws are enforced effectively.

Section 29: Protection of Animals in Zoos

This section ensures the protection of animals in zoos, specifying their proper care, management and safety while in captivity.

Section 30: Prohibition of Destruction of Habitat

It bans the destruction or degradation of wildlife habitats. Activities that harm the ecological balance or threaten wildlife survival, such as deforestation are strictly restrained.

Section 31: Penalties for Offenses

It outlines the punishments for various offenses under the Act, including hunting, trade and damage to habitats. Penalties range from fines to imprisonment, depending on the severity of the offense.

Section 32: Protection of Species on International Lists

This section highlights the safety of species that are included in international agreements like the Convention on International Trade in Endangered Species (CITES).

Section 33: Power to Seize Animals and Articles

This section grants authorities the power to seize wild animals, animal parts or any related articles being traded illegally. It is planned to prevent illegal wildlife trade and trafficking.

Section 34: Confiscation of Wild Animals and Articles

If wild animals or animal products are seized due to illegal trade or hunting, they may be seized by the authorities and the offenders are likely to face prosecution.

Section 35: Recognition of Wildlife Sanctuary and National Park Boundaries

This section ensures that the boundaries of wildlife sanctuaries and national parks are properly defined and recognized to evade encroachments and illegal activities within these areas.

Section 36: Power to Close National Parks or Sanctuaries

It grants the government the authority to close a national park or sanctuary temporarily or permanently if the wildlife or habitat is under extreme threat.

Section 37: Establishment of Advisory Committees

The section necessitates the formation of advisory committees for the management of protected areas, instructing on activities such as research, conservation efforts and human-wildlife conflict resolution.

Section 38: Restrictions on Use of Weapons

This section prohibits the use of firearms, traps, or any other weapons in protected areas without government authorisation, to prevent illegal hunting and poaching activities.

Chapter 4

Trade or Commerce in Wild Animals, Animal Articles and Trophies (Sections 39-51)

Chapter 4 of the Wildlife Protection Act, 1972 is designed to regulate and govern the trade and commerce of wild animals, their parts and trophies. By establishing a legal framework for licensing, monitoring and prosecuting illegal wildlife trade, it aims to prevent the exploitation of nature and assure the preservation of endangered species. Rigorous penalties, enforcement powers and judicial oversight serve to uphold the integrity of wildlife protection laws and combat poaching and trafficking effectively.

Section 39: Power to Control Trade in Wild Animals, etc.

This section gives the central government the authority to control or prohibit the trade, commerce, or transportation of wild animals, animal articles, and trophies. The government may impose bans on the trade of certain species and products to discourage their exploitation. It also empowers the authorities to hand out permits for the legal trade in wildlife products, with strict controls to ensure that only legally obtained wildlife items are sold or traded.

Section 40: Licensing of Dealers in Wild Animals, etc.

This section necessitates the licensing of individuals or dealers involved in the trade of wild animals, trophies, and animal articles. To curb illegal wildlife trade, only licensed dealers are allowed to sell wildlife products. The licensing system helps to retain records of transactions and monitor the movement of such items, making it easier to track any illegal activities.

Section 41: Prohibition of Hunting of Wild Animals for Trade

Section 41 explicitly prohibits the hunting of wild animals for the sole purpose of selling their parts, trophies, or skins. It underlines that the primary intent of the Wildlife Protection Act is to protect the animals and their habitats, deterring them from being killed for profit.

Section 42: Restrictions on Trade in Animal Articles

This section restricts the sale, purchase, or transport of animal articles that are made from or involve parts of wildlife, such as skins, tusks, or bones, unless they are acquired through legal means. It also sets punishments for individuals caught in illegal trade of such articles. The aim is to curb trafficking and poaching activities that threaten the survival of wildlife.

Section 43: Regulation of the Export and Import of Wild Animals

This section regulates the export and import of wild animals and their products. Individuals or businesses hoping to engage in the export or import of wild animals, animal parts, or trophies must first obtain the appropriate licenses and adhere to global wildlife trade regulations. The section also helps India comply with international

Section 44: Power to Seize Wild Animals and Articles

The section empowers the government to seize wild animals, animal articles, and trophies that are illegally attained or illegally traded. Enforcement authorities are authorized to confiscate any such items and take legal action against violators. This provision is essential for discouraging the trafficking of endangered species and wildlife products.

Section 45: Power to Stop and Search Vehicles, etc.

This section grants enforcement authorities, including forest officers and police, the power to stop and search vehicles, vessels, or aircraft suspected of taking illegally traded wildlife or products. This provision is crucial in regulating the movement of poached animals and their parts, which are often transported across states or international borders for trade.

Section 46: Prohibition on the Possession of Wild Animals, etc.

This section prohibits the possession of wild animals, animal articles and trophies obtained illegally. It mandates that people in possession of such items must produce a valid permit or documentation to prove that they obtained them through legal inlets. Violators bound to face penalties, including fines and imprisonment.

Section 47: Offenses Relating to Trade, etc.

This section establishes penalties for violating the trade-related provisions of the Act. Anyone found entangled in illegal trade, possession, or trafficking of wild animals, animal articles, or trophies can be fined or imprisoned. The penalties perform as an obstacle to wildlife trafficking activities that threaten biodiversity and conservation efforts.

Section 48: Powers of the Court to Confiscate Wild Animals and Articles

In cases of violation of wildlife protection laws, this section authorises the court to order the confiscation of illegal wildlife or wildlife products. The court may determine to transfer the confiscated animals to wildlife sanctuaries, zoos, or other suitable locations for their care and rehabilitation.

Section 49: Jurisdiction of Courts in Cases Related to Trade in Wildlife

This section specifies the jurisdiction of courts in cases involving wildlife trade violations. It ensures that cases related to the illegal trafficking or trade of wildlife are handled by relevant courts that specialise in wildlife-related offences, ensuring swift justice and the effective enforcement of laws.

Section 50: Appeal Against Confiscation

This section provides a legal mechanism for individuals or entities who disagree with the seizure of wildlife or wildlife products. They can petition against the confiscation order in the High Court within a specified time frame, offering a legal recourse to contest the action.

Section 51: Penalties for Violation of the Act

This section provides for punishments (fines and imprisonment) for those found guilty of violating the provisions of Chapter 4, especially regarding wildlife trade. The penalties are stricter for those found guilty of illegal trade in endangered species or products derived from them. The section is integral in preventing wildlife crimes.

Chapter 5

National Wildlife Crime Control Bureau (Sections 52-58)

Chapter 5 of the Wildlife Protection Act, 1972 plays a pivotal role in addressing wildlife crimes and ensuring that law enforcement efforts are facilitated and coordinated at both national and regional levels. The National Wildlife Crime Control Bureau (NWCCB) is granted substantial powers to investigate, prosecute, and prevent wildlife crimes, including poaching, illegal trade, and trafficking of endangered species. The establishment of Wildlife Crime Control Cells and the power to appoint specialised officers moreover enhance the Bureau’s ability to effectively combat wildlife crimes. By promoting collaboration between the central and state governments, the Act aims to create a unified, comprehensive method to protecting India’s wildlife and ensuring the long-term conservation of biodiversity.

Section 52: Establishment of the National Wildlife Crime Control Bureau

This section empowers the central government to establish the National Wildlife Crime Control Bureau (NWCCB). The Bureau’s primary objective is to coordinate, investigate and watch over wildlife crimes across India. The NWCCB is a crucial national agency for enforcing wildlife protection laws, especially those related to illegal trade, poaching, and wildlife trafficking.

Section 53: Functions of the Bureau

Section 53 outlines the key functions of the NWCCB, which include:

1. Coordinating with state and central authorities to battle wildlife crime.
2. Investigating wildlife-related violations and tracking down poachers and traffickers.
3. Collecting intelligence related to wildlife crimes and wildlife trafficking networks.
4. Assisting in the deterrence of wildlife crimes, especially the crimes that cross state and international borders.
5. Increasing the awareness in public about protection of wildlife and the consequences of crimes committed towards the wildlife.

The Bureau acts as a main unit for facilitating the different facets of wildlife crime control, thereby fostering a better alliance between law enforcement and wildlife protection agencies.

Section 54: Powers of the Bureau

This section equips the NWCCB with extensive powers which are similar to those of a police force, to deal with wildlife-related crimes in an effective manner. The Bureau is empowered to:-

1. Investigate and search the premises that have been suspected of harboring wildlife criminals or illegal wildlife products.
2. Confiscate illegally acquired wildlife and wildlife products which include animals, skins, tusks and trophies.
3. Arrest people involved  in wildlife crimes and issue warrants to them for their detention.
4. Inquire into wildlife-related offences and guarantee compliance with the provisions of the Wildlife Protection Act.

These powers are vital to enable the NWCCB to perform its role in an effective manner in addressing wildlife crimes at both national and regional levels.

Section 55: Officers of the Bureau

Section 55 Authorises the appointment of officers to assist in the functioning of the NWCCB. These officers can range from senior officials to those in charge of specific operations, with powers to investigate and enforce laws under the Wildlife Protection Act. The Bureau may appoint officers with expertise in wildlife conservation, law enforcement, and investigation techniques to strengthen its operations.

The officers appointed under this section are responsible for implementing the policies and directives of the NWCCB, ensuring that wildlife crime control measures are effectively carried out throughout India.

Section 56: Establishment of Wildlife Crime Control Cells

Under this section, the NWCCB is approved to install Wildlife Crime Control Cells in different regions of India. These cells are designed to focus specifically on wildlife crimes happening in their respective areas. The cells act as specialised units that function in close contact with local authorities and law enforcement agencies to find and stop poaching, trafficking and illegal trade of wildlife.These cells also work as the first line of defence in shutting down wildlife crimes at the regional level and work in unison with national efforts to assure that India’s wildlife protection laws are evenly afflicted across all states.

Section 57: Powers of Investigation

Section 57 grants officers of the NWCCB the powers to investigate offenses related to wildlife protection. These powers comprise of :-

1. Access to documents and records relevant to investigations of the wildlife crimes.
2. Summoning of witnesses and acquiring testimonies during the investigations.
3. Recording of statements and interrogation of individuals who are suspected of being involved in wildlife offences.

This section is crucial in ensuring that the NWCCB has the legal say to conduct thorough investigations into wildlife crimes and bring violators to justice.

Section 58: Action by State Governments

Section 58 mandates that the state governments should cooperate with the NWCCB in implementing wildlife protection laws. It underlines the importance of collaboration between central and state authorities for tackling wildlife crimes. State governments are encouraged to establish local wildlife crime control units and take the necessary steps to assist in the Bureau’s operations.

The section also clarifies that the state governments are expected to provide support in terms of resources, manpower, and coordination with the NWCCB to combat wildlife crime effectively.

Chapter 6

Chapter 6 of the Wildlife Protection Act, 1972 emphasizes the creation, management, and regulation of shielded areas such as National Parks and Wildlife Sanctuaries. By granting the state and central governments authority to claim and manage these areas, the Act aims to deliver legal protection to biodiversity hotspots and ensure that human interference is diminished. The chapter not only sketches restrictive measures on activities like cultivation, settlement and fishing but also aims at creating sustainable management practices to maintain the goodness of ecosystems and safeguard endangered species. In its essence, this chapter reflects the critical role that protected areas play in the conservation of India’s wildlife and ensuring the sustainability of its natural resources.

Protected Areas (Sections 59-64)

Chapter 6 of the Wildlife Protection Act, 1972 handles the establishment and management of protected areas in India. These areas are appointed to conserve and protect India’s rich biodiversity, providing habitats for wildlife while also restricting human interference to ensure preservation efforts are successful. The chapter surrounds National Parks, Wildlife Sanctuaries and other types of protected areas and it lays out the techniques for their declaration, management and the rights of people living in or around these areas.

Section 59: Declaration of Protected Areas

Section 59 empowers the state government to claim any area within the state as a protected area. This area may include:

• National Parks: Areas with the highest level of protection, sought to conserve ecosystems and endangered species.
• Wildlife Sanctuaries: Areas designated to safeguard specific species or ecosystems, though human activities may be permitted under very strict conditions.

The process of announcing an area as a protected area is intended to safeguard crucial habitats and ensure that these areas are free from destruction or exploitation.

Section 60: Management of Protected Areas

This section outlines the management principles for protected areas, which include:

• The preparation of a management strategy by the authorities in charge of the area, specifying the conservation goals, measures and management strategies.
• Ensuring that the area is effectively managed to conserve its wildlife, ecosystems and biodiversity.

Section 61: Powers of State Government in Protected Areas

Section 61 grants the state government powers to make regulations within kept safe areas. This includes:

• Regulating human activity within the protected areas, including tourism, grazing and collection of forest products.
• Prohibiting toxic activities, such as hunting, fishing, logging, or any other actions that may harm wildlife or the habitat.

Section 62: Control of Access to Protected Areas

Section 62 provides the authority to restrict or control access to protected areas. This is essential for:

• Limiting human invasion in areas of high preservation value.
• Preventing the exploitation of natural resources that could harm the ecosystem.

The authorities managing the protected areas can hand out permits for access or entry, and conditions for access may vary depending on the sensitivity of the area.

Section 63: Restrictions on Cultivation and Settlement

This section puts restrictions on cultivation and settlement within protected areas. It aims to:

• Prevent encroachment on protected lands by installing clear regulations regarding the use of land for farming, settlements, and other development activities.
• Encourage relocation of individuals or communities if their existence poses a threat to the wildlife or habitat.

This section is critical for ensuring that protected areas are reserved exclusively for conservation and that the long-term ecological balance is retained.

Section 64: Power to Regulate Fishing

Section 64 grants the central or state government the power to control or prohibit fishing in protected areas, especially those that are home to endangered species. It is intended to:

• Prevent unlawful fishing and overexploitation of aquatic resources within protected areas.
• Safeguard the habitat and food chain of wildlife dependent on freshwater ecosystems.

Chapter 7

Hunting and Trade in Wildlife (Sections 65-70)

Chapter 7 of the Wildlife Protection Act, 1972 deals with the provisions related to hunting and trade in wildlife, as well as the penalties for violating the law. This chapter is crucial for regulating human activities that directly affect wildlife populations, particularly illegal hunting, poaching and the unauthorised trade in endangered species and their derivatives. By inflicting strict penalties and prohibitions, this chapter aims to protect wildlife from exploitation and ensure that India’s biodiversity remains intact.

Section 65: Prohibition of Hunting

Section 65 imposes a complete ban on hunting of wildlife unless particularly authorised by the government in certain circumstances. This is to discourage the exploitation and extinction of species, particularly endangered ones. The section states that hunting includes:

• Killing, capturing, or compiling wildlife or any part of wildlife, including skins, tusks, or feathers.
• The prohibition applies to all wild animals, comprising of those listed in the Schedule I of the Act, which contains the most highly protected species.

This section is fundamental to curbing poaching and ensuring that hunting does not threaten the survival of wildlife species.

Section 66: Exceptions to Prohibition on Hunting

Section 66 lists exceptions to the prohibition on hunting, under specific situations :-

1. Hunting of wild animals may be authorised if it is deemed necessary for public safety, such as in cases where an animal poses a threat to human life or property.
2. Hunting for scientificobjectives -Research institutions and wildlife conservation organisations may be allowed to capture and study animals for legitimate scientific research.
3. In cases of crop protection- If a wild animal is eradicating crops, the government may grant approval for its capture or hunting.

These exceptions are carefully regulated to ensure that the protection of wildlife is not compromised under the guise of public interest or other reasons.

Section 67: Control of Trade in Wildlife

Section 67 deals with restraining the trade in wildlife and wildlife products. It provides the legal framework for controlling the sale, trade, or transport of:

• Endangered species.
• Wildlife parts, such as skins, tusks, bones, and feathers, which are often illegally traded in black markets.

The section gives the government the authority to regulate trade activities to curb illegal wildlife trade, which is one of the major threats to wildlife in India.

Section 68: Power to Seize Wild Animals or Animal Products

Section 68 grants law enforcement authorities the power to confiscate wild animals or wildlife products that are involved in illegal trade, poaching, or trafficking. The section also provides for the seizure of any gear or goods used in the illegal capture or transport of wildlife. Seizure may occur at various stages, including:

• During transport.
• When found in possession of individuals or dealers.

The authority to confiscate wildlife or wildlife products strengthens enforcement and makes it more difficult for illegal wildlife trade networks to operate.

Section 69: Penalties for Violating Provisions Related to Hunting and Trade

Section 69 stipulates penalties for disobeying the provisions related to hunting and the trade in wildlife. Penalties for those found guilty of unlawful hunting or trading in wildlife include:

1. Imprisonment for a minimum of three years, which might extend to seven years.
2. A fine that may be imposed, which can range from Rs. 25,000 to Rs. 100,000, depending on the harshness of the offense.

In cases of repeat offenses or serious violations, the penalty might be even more severe.

The section also empowers courts to impose additional fines or confiscate any wildlife products used in the commission of crimes.

Section 70: Punishment for Violating the Act

Section 70 deals with the punishment for violations related to wildlife protection under the Act. This section specifies the following:

1. Offenders found guilty of hunting or trafficking wildlife or violating provisions of the Act may be subjected to rigorous imprisonment, ranging from one year to seven years.
2. Fines may also be imposed and in some cases, both imprisonment and fines may be applicable simultaneously.

Section 70 emphasises that penalties serve as a deterrent against wildlife crimes, aiding to assure compliance with the Act and facilitating awareness of the need to conserve India’s biodiversity.

The Six Schedules 

The Wildlife Protection Act, 1972 contains six schedules, each of them handing over different levels of protection to wildlife. Schedule I grants the highest protection to critically endangered species, prohibiting hunting and trade. Schedule II enlists species that need tougher control over hunting and trade but permits controlled use. Schedule III and Schedule IV comprise of species with less strict protection, typically with restrictions on hunting. Schedule V encompasses species that are considered vermin, which may be hunted without approval under specific circumstances. Schedule VI lists plants that are restricted from being cultivated or collected without government authorisation. Each schedule plays a critical role in guaranteeing proper levels of protection for India’s diverse wildlife and ecosystems.

Additional Chapter Amendments 

The Wildlife Protection Act, 1972 has been strengthened through different chapters, sections, and amendments to enhance conservation efforts and regulate wildlife trade. Chapter 3A safeguards rare plants listed in Schedule VI, forbidding their collection and trade without permits. Chapter 4A affirms the Central Zoo Authority to regulate and recognise zoos, ensuring proper animal care and punishing unauthorised facilities. Chapter 5A forbids trade in animal parts, requiring certification for legal possession. Chapter 6A allows the forfeiture of possessions linked to wildlife crimes, deterring illegal trade by targeting financial gains. Chapter 6B aligns India’s laws with CITES, controlling international wildlife trade to prevent illegal trafficking. These sections and amendments strengthen the wildlife protection, promote conservation and also address emerging hazards to biodiversity.

Case Laws

Here are some landmark case laws related to the Wildlife Protection Act, 1972 and its application.These cases collectively contribute to the strengthening of the Wildlife Protection Act, assuring the conservation of wildlife and habitats across India.

1. T.N. Godavarman Thirumulpad v. Union of India (1997)- This case involved the preservation of forest areas in India and the Hon’ble Supreme Court ordered the establishment of the Central Empowered Committee to attend to issues related to wildlife conservation and forest management under the Act.
2. Vellore Citizen Welfare Forum v. Union of India (1996)- The court held that the government must take action to prevent damage to the environment and wildlife, emphasising that the Wildlife Protection Act requires the conservation of natural habitats and ecosystems.
3. M.C. Mehta v. Union of India (1987)- This case dealt with the safety of endangered species in the Sultanpur Bird Sanctuary. The Supreme Court directed the expulsion of encroachments and illegal activities threatening the sanctuary’s wildlife.
4. K.K. Verma v. Union of India (2000)- In this case, the court reinforced the significance of preserving wildlife sanctuaries and national parks under the Wildlife Protection Act, ordering the removal of industries from areas damaging wildlife habitats.
5. State of Himachal Pradesh v. Gorkha Himalayan Forests & Wildlife (1996)- The case highlighted the balance between forest conservation and the rights of indigenous communities. The Supreme Court orchestrated a comprehensive study to ensure wildlife protection while respecting the livelihood of local people.
6. Rural Litigation and Entitlement Kendra v. State of U.P. (1985)- The Supreme Court supervised the closure of illegal quarries in the Rajaji National Park under the Wildlife Protection Act, indicating the judiciary’s commitment to wildlife conservation and environmental protection.
7. People’s Union for Civil Liberties v. Union of India (2004)- The case involved the rights of forest dwellers and the impact of development activities on wildlife. The court ruled that the implementation of the Wildlife Protection Act should be done with due consideration to human rights and ecological symmetry.
8. Brij Mohan Lall v. State of Rajasthan (2006)- In this case, the court dealt with the illegal hunting of endangered species in Rajasthan. The judgment emphasised the strict provisions of the Wildlife Protection Act and the need for effective enforcement.
9. Wildlife First v. State of Karnataka (2017)- The Supreme Court ruled that human activities within wildlife sanctuaries and national parks should be strictly controlled, ordering the government to improve wildlife conservation efforts under the Wildlife Protection Act.
10. Madhya Pradesh High Court v. Union of India (2012)- The court attended to the issue of poaching and illegal wildlife trade, holding that the central government should enforce stricter measures and regulations under the Wildlife Protection Act to curb the rise in poaching activities.

FAQs

1.What is the Wildlife Protection Act, 1972?

The Wildlife Protection Act, 1972, is an Indian legislation intended for the protection of wild animals, birds and plants, discouraging their exploitation and conserving biodiversity across the country.

2.What are the six schedules in the Wildlife Protection Act?

The Act contains six schedules that classify animals, plants and habitats based on their protection level, with Schedule I delivering the highest protection and Schedule VI deals with restricted cultivation or accumulation of certain plants.

3.Which wildlife species are protected under Schedule I?

Schedule I supplies the highest level of protection to endangered species like Bengal tigers, Asiatic lions and Indian rhinoceroses. It forbids hunting, trade or destruction of these species.

4.What penalties are imposed under the Wildlife Protection Act?

The Act licenses severe penalties, including imprisonment and fines, for violations such as poaching, illegal trade and destruction of habitats, with varying degrees based on the offence.

5.How does the Act regulate hunting?

The Act strictly regulates hunting by allowing it only in exceptional cases, such as when an animal poses a threat to human life. However, in any case hntimg down of Schedule I animals are strictly prohibited.

Conclusion

The Wildlife Protection Act, 1972 stands as a bedrock in India’s commitment to save its rich biodiversity. By offering legal protection to the endangered species and their habitats, it has played a vital role in reducing poaching, habitat destruction and illegal wildlife trade. The Act’s comprehensive approach, through its schedules and enforcement mechanisms, provides assurance that India’s wildlife stays safeguarded against exploitation. In the current scenario, as climate change and human activities continuously threaten biodiversity, the Act serves as a vital tool for depleting such risks while ensuring the sustainable preservation of wildlife for future generations. Its impact is apparent in the establishment of numerous wildlife sanctuaries, national parks and the stabilisation of endangered species populations. Moving forward, continued rigid enforcement, along with awareness and education, will be crucial in retaining the delicate balance between human advancement and wildlife preservation, assuring a harmonious coexistence for the coming years.