Wildlife (Protection) Act, 1972

Preamble
• [An Act to provide for the [conservation, protection and
management of wild life] and for matters connected therewith or
ancillary or incidental thereto with a view to ensuring the ecological
and environmental security of the country.]
Aim and Objective
• The Wild Life (Protection) Act, of 1972 provides a legal framework for
the protection of various species of wild animals and plants,
management of their habitats, regulation, and control of trade in wild
animals, plants, and products made from them.
• The act also lists schedules of plants and animals that are afforded
varying degrees of protection and monitoring by the government.
International Conventions
• CITES (Convention on International Trade in Endangered Species of
Wild Fauna and Flora)
• UN Convention Against Transnational Organised Crimes CTOC
Constitution
• The 42nd Amendment Act, 1976, Forests and Protection of Wild
Animals and Birds was transferred from State to Concurrent List.
• Article 51 A (g) of the Constitution states that it shall be
the fundamental duty of every citizen to protect and improve the
natural environment including forests and Wildlife.
• Article 48 A in the Directive Principles of State policy, mandates that
the State shall endeavor to protect and improve the environment and
to safeguard the forests and wildlife of the country.
• Entry 17 – Prevention of Cruelty
• Entry 17 A - Forest
• Entry 17 B – Protection of Wildlife and Birds
• Entry 29 – preventing the spread of infectious or contagious diseases
or pests from one state to another, affecting humans, animals, or
plants.
Overview
• 60 Sections and 6 schedules
• Schedule I:It covers endangered species that need rigorous protection. Eg.
Himalayan Bear and Asiatic Cheetah.
• Schedule II: Animals under this list are also accorded high protection with
the prohibition on their trade. Eg. Indian Cobra
• Schedule III & IV: Species that are not endangered are included under
Schedule III and IV. Eg. Hyena , Kingfishers
• Schedule V:This schedule contains animals that are considered
as vermin (small wild animals that carry disease and destroy plants and
food). These animals can be hunted. Eg. Common Crows, Mice, Rats
• Schedule VI: It provides for regulation in the cultivation of a specified
plant and restricts its possession, sale, and transportation. Eg. Blue Orchid
• CHAPTER II AUTHORITIES TO BE APPOINTED OR CONSTITUTES UNDER
THE ACT
• CHAPTER III HUNTING OF WILD ANIMALS
• CHAPTER IIIA PROTECTION OF SPECIFIED PLANTS
• CHAPTER IV PROTECTED AREAS Sanctuaries, Natioanl Parks
• CHAPTER IVA CENTRAL ZOO AUTHORITY AND RECOGNITION OF ZOOS
• CHAPTER IV B NATIONAL TIGER CONSERVATION AUTHORITY
• CHAPTER IV C WILD LIFE CRIME CONTROL BUREAU
• CHAPTER V TRADE OR COMMERCE IN WILD ANIMALS, ANIMAL
ARTICLES AND TROPHIES
• CHAPTER VA PROHIBITION OF TRADE OR COMMERCE IN TROPHIES,
ANIMAL ARTICLES, ETC., DERIVED FROM CERTAIN ANIMALS
• CHAPTER VB REGULATION OF INTERNATIONAL TRADE IN
ENDANGERED SPECIES OF WILD FAUNA AND FLORA AS PER
CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES
OF WILD FAUNA AND FLORA
• CHAPTER VI PREVENTION AND DETECTION OF OFFENCES
• CHAPTER VIA FORFEITURE OF PROPERTY DERIVED FROM ILLEGAL
HUNTING AND TRADE
By Amendment Act 2002
• Chapter VI A to deal with the forfeiture of property derived from
illegal hunting and trade.
• Concept of Cooperative management through Conservation Reserve
Management Committee and Community Reserve Committee.
Definitions
• Section 2(1) “animal” includes amphibians, birds, mammals and reptiles
and their young, and also includes, in the cases of birds and reptiles, their
eggs;
• Section (2) “animal article” means an article made from any captive animal
or wild animal, other than vermin, and includes an article or object in which
the whole or any part of such animal 8 [has been used, and ivory imported
into India and an article made therefrom;
• Section (16) “hunting”, with its grammatical variations and cognate
expressions, includes,— 6 [(a) killing or poisoning of any wild animal or
captive animal and every attempt to do so; (b) capturing, coursing, snaring,
trapping, driving or baiting any wild or captive animal and every attempt to
do so;] (c) injuring or destroying or taking any part of the body of any such
animal or, in the case of wild birds or reptiles, damaging the eggs of such
birds or reptiles, or disturbing the eggs or nests of such birds or reptiles;
• Section 2(30) “taxidermy”, with its grammatical variations and
cognate expressions, means the curing, preparation or preservation
or mounting of trophies;
• Section 2(31) “trophy” means the whole or any part of any captive
animal or wild animal, other than vermin, which has been kept or
preserved by any means, whether artificial or natural, and includes—
(a) rugs, skins and specimens of such animal mounted in whole or in
part through a process of taxidermy, and (b) antler, bone, carapace,
shell, horn, rhinoceros horn, hair, feather, nail, tooth, tusk, musk,
eggs, nests and honeycomb;
• Section 2(32) “uncured trophy” means the whole or any part of any
captive animal or wild animal, other than vermin, which has not
undergone a process of taxidermy, and includes a freshly killed wild
animal, ambergris, musk and other animal products.
CHAPTER II AUTHORITIES TO BE APPOINTED
OR CONSTITUTED UNDER THE ACT
• 3. Appointment of Director and other officers.—(1) The Central
Government may, for the purposes of this Act, appoint,— (a) A
Director of Wild Life Preservation; (c) such other officers and
employees as may be necessary.
• (2) In the performance of his duties and exercise of his powers by or
under this Act, the Director shall be subject to such general or special
directions, as the Central Government may, from time to time, give.
• 3) The officers and other employees appointed under this section
shall be required to assist the Director.]
• 4. Appointment of Life Warden and other officers.—(1) The State
Government May, for the purpose of this Act, appoint,(a) a Chief Wild
Life Warden; (b) Wild Life Wardens; [(bb) Honorary Wild Life
Wardens;] (c) such other officers and employees as may be
necessary.
• (2) In the performance of his duties and exercise of his powers by or
under this Act, the Chief Wild Life Warden shall be subject to such
general or special directions, as the State Government may from time
to time, give.
• (3) The Wild Life Warden, the Honorary Wild Life Warden] and other
officers and employees appointed under this section shall be
subordinate to the Chief Wild Life Warden.
• Section 5A - Constitution of the National Board for Wild Life – CG
within 3 moths from constitution of the Act – NSWL –the PM as
Chairperson, the Minister in charge for Forest and Wildlife.
• 5B. Standing Committee of the National Board – powers and duties
shall be delegated by the National Board.
5C. Functions of the National Board. - To promote
conservation and development of wildlife and
forests by measures it deems fit.
•Frame policies and advise the Central and State Governments on:
•Wildlife conservation strategies.
•Effective control of poaching and illegal trade in wildlife and its products.
Advise on the setting up and management of Protected Areas
•National Parks
•Wildlife Sanctuaries
•Other Protected Areas
•Suggest restrictions on activities within these areas.
•Carry out or cause to be carried out impact assessments of various projects/activities on:
•Wildlife
•Wildlife habitat.
•Periodically review the progress of wildlife conservation and Suggest measures for improvement.
•Prepare and publish a wildlife status report at least once every two years.
State Board
• 6. Constitution of State Board for Wild Life
• 6A. Standing Committee of Board
• Section 8 – Duties of State Board - To advise the State Government on
matters related to wildlife protection and conservation.
• Advise on selection and management of areas to be declared as protected areas.
• Assist in formulating policies for Protection of wildlife and Conservation of
specified plants.
• Advise on matters related to amendments in any Schedule of the Act (e.g.,
adding/removing species).
• Recommend measures to harmonize needs of tribals and other forest dwellers
• Advise on any other issue related to wildlife protection referred by the State
Government.
CHAPTER III HUNTING OF WILD ANIMALS
• Section 9 - Prohibition of hunting.—No person shall hunt any wild
animal specified in [ Schedules I and II] except as provided under
section 11 and section 12.
• Sectio 11. Hunting of wild animals to be permitted in certain
cases.—(1) Notwithstanding anything contained in any other law for
the time being in force and subject to the provisions of Chapter IV,—
• (a) the Chief Wild Life Warden may, if he is satisfied that any wild
animal specified in Schedule I has become dangerous to human life or
is so disabled or diseased as to be beyond recovery, by Order in
writing and stating the reasons therefor, permit any person to hunt
such animal or cause such animal to be hunted;
• [Provided that no wild animal shall be ordered to be killed unless the
Chief Wild Life Warden is satisfied that such animal cannot be
captured, tranquilised or translocated:
• Provided further that no such captured animal shall be kept in
captivity unless the Chief Wild Life Warden is satisfied that such
animal cannot be rehabilitated in the wild and the reasons for the
same are recorded in writing.
• Explanation.—For the purposes of clause (a), the process of capture or
translocation, as the case may be, of such animal shall be made in such
manner as to cause minimum trauma to the said animal]
• (b) the Chief Wild Life Warden or the authorised officer may, if he is
satisfied that any wild animal specified in Schedule II, has become
dangerous to human life or to property (including standing crops on any
land) or is so disabled or diseased as to be beyond recovery, by order in
writing and stating the reasons therefor, permit any person to hunt [such
animal or group of animals in a specified area or cause such animal or
group of animals in that specified area to be hunted].
• (2) The killing or wounding in good faith of any wild animal in defence of
oneself or of any other person shall not be an offence: Provided that
nothing in this sub-section shall exonerate any person who, when such
defence becomes necessary, was committing any act in contravention of
any provision of this Act or any rule or order made thereunder. (3) Amy
wild animal killed or wounded in defence of any person shall be
Government property.
• Section 12. Grant of permit for special purposes.—Notwithstanding anything
contained elsewhere in this Act, it shall be lawful for the Chief Wild Life Warden,
to grant a permit, by an order in writing stating the reasons therefor, to any
person, on payment of such fee as may be prescribed, which shall entitle the
holder of such permit to hunt subject to such conditions as may be specified
therein, any wild animal specified in such permit, for the purpose of,—
• (a) education;
• [(b) scientific research;
• (bb) scientific management.
• Explanation.—For the purposes of clause (bb), the expression, “scientific
management” means— (i) translocation of any wild animals to an alternative
suitable habitat; or (ii) population management of wildlife, without killing or
poisoning or destroying any wild animals;]
• [(c) collection of specimens— (i) for recognised zoos subject to the permission
under section 38-I; or (ii) for museums and similar institutions;
• (d) derivation, collection or preparation of snake-venom for the manufacture of
life-saving drugs:]
• [Provided that no such permit shall be granted— (a) in respect of any
wild animal specified in Schedule I, except with the previous
permission of the Central Government, and (b) in respect of any other
wild animal, except with the previous permission of the State
Government;] (d) derivation, collection or preparation of
snake-venom for the manufacture of life-saving drugs:]
CONSERVATION linking protected
areas COMMUNITY RESERVE
• Section 36A and 36 B • Section 36 C and 36 D
• Government-owned land (especially • Community-owned or privately-owned
forests or uninhabited areas) land
• To protect landscapes, seascapes, • To protect wildlife and natural
resources with community
flora, fauna, and habitat for participation
conservation • Declared by State Government based
• Declared by State Government after on the voluntary request of the
community or individual landowners
consultation with local communities
• Managed by a Community Reserve
• Managed by the State Forest Management Committee composed of
Department in consultation with a local community members
Conservation Reserve Management • Traditional activities can continue but
Committee need to align with conservation goals
• Generally allowed but regulated (e.g.,
Cases
• 1. TNG V. Union of India 2012 – Asiatic Wild Buffalo - Direction for action
plan for conservation and increasing the number of Wild Buffaloes in the
state. – Item 41, Part I of Schedule I of the Act - Centrally Sponsored
Integrated Development of Wildlife Habitats Scheme., 2009. All effective
steps should be taken by the state to protect the Asian Wild Buffalo which
is declared as a state animal by the State of Chhattisgarh.
• 2. Centre for Envtl law WWF v. Union Of India (2013) – Species best Interest
– Standards to safeguard Asiatic Lion. Wildlife Protection Act, 1972:Ex-situ
conservation - Translocation of Asiatic Lion (Panthera Leo Persica) - To
Kuno wildlife Sanctuary in State of Madhya Pradesh - From Gir forest in the
State of Gujarat, the single habitat of Asiatic Lion - For providing second
natural habitat for long term conservation of Asiatic Lion - State of Gujarat
not agreeing for the proposal of translocation - Interlocutory application
for direction to the State of Gujarat to translocate the Lions as per the plan
• Held: For long term conservation of Asiatic Lion, an endangered
specie, it is necessary to provide it a second home - Kuno, is the
historical habitat of Asiatic Lions, and all steps have been taken for
making Kuno Wildlife Sanctuary fit for re-introduction of Asiatic Lion
with the approval of National Board for Wildlife
• 3. TNG v. Union of India (2012) – Red sandalwood - The case was
concerned with the question of whether sandalwood could be stated
to be an endangered species and declared as a “specified plant – held
sustainable use.
CHAPTER IIIA PROTECTION OF SPECIFIED
PLANTS
• 17A. Prohibition of picking, uprooting, etc. of specified plant.
• 17B. Grants of permit for special purposes.
• 17C. Cultivation of specified plants without licence prohibited.
• 17D. Dealing in specified plants without licence prohibited.
• 17E. Declaration of stock.
• 17F. Possession, etc., of plants by licensee.
• 17G. Purchase, etc., of specified plants.
• 17H. Plants to be Government property
• 17A. Prohibition of picking, uprooting, etc. of specified plant.—Save
as otherwise provided in this Chapter, no person shall— (a) wilfully
pick, uproot, damage, destroy, acquire or collect any specified plant
from any forest land and any area specified, by notification, by the
Central Government;
• (b) posses, sell, offer for sale, or transfer by way of gift or otherwise,
or transport any specified plant, whether alive or dead, or part or
derivative thereof:
• Provided that nothing in this section shall prevent a member of a
scheduled tribe, subject to the provisions of Chapter IV, from picking,
collecting or possessing in the district he resides any specified plant
or part or derivative thereof for his bona fide personal use
• 17B. Grants of permit for special purposes.—The Chief Wild Life
Warden may, with the previous permission of the State Government,
grant to any person a permit to pick, uproot, acquire or collect from a
forest land or the area specified under section 17A or transport,
subject to such conditions as may be specified therein, any specified
plant for the purpose of—
• (a) education;
• (b) scientific research;
• (c) collection, preservation and display in a herbarium of any scientific
institution; or
• (d) propagation by a person or an institution approved by the Central
Government in this regard.
17C.Cultivation of specified plants without
licence prohibited.—
• Licence granted by CWW or any other officer authorised the SG.
• Nothing in this provision shall prevent a person cultivating before the
commencement of the Act for a period of 6 months- he has made an
application and licence can be granted or not.
• Every licence granted under this section shall specify the area in
which and the conditions, if any, subject to which the licensee shall
cultivate a specified plant.
17D. Dealing in specified plants without
licence prohibited
• Licence granted by CWW or any other officer authorised the SG. -
commence or carry on business or occupation as a dealer in a
specified plant or part or derivate thereof:
• Nothing in this provision shall prevent a person cultivating before the
commencement of the Act for a period of 60 days- he has made an
application and licence can be granted or not.
• Every licence granted under this section shall specify the premises in
which and the conditions, if any, subject to which the licensee shall
carry on his business.