WILDLIFE (PROTECTION) ACT 1972

There is a dramatic increase in the illegal wildlife trade in India. In

India, illegal trade in tiger hones and skins, rhino horn, ivory, hear bile,
musk, skin for the fur trade, reptile skins, butterflies, rare medicinal and
ornamental plants, swiftled nests coral and sought after species in live
mammal, bird and repule is on the rise. This is due to the demand these
products have in the international market. Except for minor domestic use,
there is no major market for these products within India. All the trade is
destined for countries outside our borders. The expansion of the trade is
directly related to a precipitous increas e in the value of the products in the
international market. All over the world the commercial activities related to
wild life are classified under the following categories:
Trade for food
Trade for medicine
Trade for derivatives
Trade for pets or private collections
Trade for artifacts
Trade for souvenirs
Trade for zoos/gardens/museums
The trade in wild life could be in the form of whole animals and plants
or its part, product or derivatives. There are two main forms in which the
trade takes place.
1. Live trade is for:
Exhibits and captive breeding
Food
Diomedical and scientific research
 Ornamental/display
Pet, etc.,
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2. Dead trade (Whole, parts, products, or derivatives) for:
Food
Medicine
Decoration, curio, handicrafts
Clothing
Raw material for industry
Mus eum specimens etc.
Wild life trade is now well entrenched and wide spread in India. The
low risk of detection, high profits and numerous cross border trade rules
have made the illegal trade an increasingly attractive ‘business’.
India holds nearly half of the world’s tiger population. In the late
1980’s, having decimated tigers in China, Siberia and South East Asia,
traditional oriental medicine manufacturers started to target India as their
source of supply for tiger products. A deep-rooted belief in the healing
powers of tiger bones in Countries like China, Taiwan, South Korea and
Japan has accelerated the trade in tiger parts to disastrous proportions. Tiger
bones are smuggled into Tibet. Bones and skins of tiger are also smuggled
ov erland into Nepal, Bhutan, Bangladesh, and Myanmar.
In Northeast India, there is evidence of a strong connection between
the illegal traders in Rhino horns, insurgent groups and the drugs and arms
trade. Fant astic prices in China and Taiwan and sonsequently in India,
makes rhino horn a lucrative illegal trade.
 The poaching of male elephants for the ivory trade is also on the
increase lvory is traded in a raw or unworked form (either cut pieces or
whole tusks) or in decorative pieces. Little is known of the Indian
connection in the complex international ivory trade network.
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Another lucrative item in the illegal international wild life trade is
musk. It is estimated that two hundred musk deer are killed to produce just
one kilogram of musk. The poaching of musk deer in Northeast and
Northwest India is extensive and there is a thriving international trade from
India to countries like Hong Kong and Japan.
Poaching of bears, articularly the Himalayan species, for oriental
medicine is now widespread in the Northwest of India. This species is also
being heavily poached in North Bengal and in the State of Arunachal
Pradesh. Bear bile is extracted from the animal’s gall bladder. It is used as
an external medication for back and joint pains. To check and control Wild
Life trade in India, the wild Life Protection Act. 1972.
The Indian law on wildlife, the Wildlife (Protection) Act, 1972 was
passed on requests from states. The Act makes it possible to constiture a
wildife board with powers of regulation in every state on union territory.
For the purpose protecting, propagating or developing wildlife and its
environment, the power is conferred on the State Government s and Central
Government to proclain wildlife sanctuaries and national parts.
Before dealing with the provisions of the wildlife protection Act, it is
better to understand the meaning of certain terms used in the legislation.
* ‘Wildlife’ is defined to include “any animal, bees, butterflies,
crustacea, fish and moths: and aquaire or land vegetation, which form
part of any habitar”.
* ‘Wild animal’ means any animal found wild in nature and includes
any animal specified in Schedule 1, 2, 3, 4 or 5, wherever found.
* ‘Animal’ is defined to include “amphibians, birds, mammals and
reptiles and their young. and also includes, in the cases of birds and
reptiles, their eggs.
* ‘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 has been used, and ivory
imported into India and an article made therefrom.
* ‘Captive animal’ means any animal specified in Schedule 1 to 4,
which is captured or kept or bred in captivity.
* ‘Vermin’ means any wild animal specified in Schedule 5 12 (common
crow, fruit bats, mice, rats)
* ‘Trophy’ means the whole or any part of any captive animal or wild
animal, other than vermin, which has been kept or preserved by and
mans, whether artificial or natural and includes.
(a) rugs, skins and specimens of such animals mounted in whole or
any
part throught a process of taxidermy, and
(b) antler, horn rhinocerous horn, heir, feather, nail, tooth, musk,
eggs and nests.
* ‘Uncured tropy’ 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.
* ‘Hunting’ with its grammatical variations and cognate expressions,
includers.
(a) capturing, killing, poisoning, snaring, and trapping of any wild
animal
and every attempt to do so.
(b) driving any wild animal for any of the purposes specified in
sub- clause (a),
(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”
* Live stock includes buffaloes, bulls, bullocks, camels, cows, donkeys
goats, horses, mules, pigs, sheep, yaks and also includes their young.
18.1 AUTHORITIES CONSTITUTED UNDER THE ACT
1. The Central Government may, for the purpose of the Ace, appoint-
(a) A Director of Wildlife Preservation
(b) Assistant Directors of Wildlife Preservation and
(c) Such other Officers and employees as may be necessary.
2. The State Government may for the purpose of the Act, appoint-
(a) A Chief Wildlife Warden
(b) Wild Life Wardens
 (c) One Honorary Wildlife Warden in each district; and
(d) Such other Officers and employees as may be necessary.
3. The State Government/Administrator of Union Territory may
constiture a Wildlife Advisory Board consisting of the following
members:
(a) The Minister in charge of Forests in the State or Union
Territory (if there is no such minister, then the Chief Secretary)
shall be the Chair man.
(b) Two Members of the State Legislature/Legislature of
Union Territory.
(c) Secretary to the State Government of the Government 0 0
the Union Territory, in charge of forests.
(d) The Forest Officer in charge of the State Forest
Department.
(e) An Officer to be nominated by the Director of Wildlife
Preservation
(f) Chief Wildlife Warden.
(g) Officers of the State Government not exceeding
(h) Such other persons, not exceeding 10, who in the opinion
of the State Government, are interested in the protection or
wildlife, including the representatives of tribals not
exceeding.
In Centre for Environmental Law, WWF v. Union of India, the
petitioners pointed out that in spite of a statutory provision requiring the
State Governments to appoint Honorary Wildlife Warden, several States and
Union Territories have not constituted the Wildlife Advisory Board and
appointed Honorary Wildlife Wardens. The Supreme Court directed the State
Governments to constitute wildlife Advisory Boards and to appoint
Honorary Wildlife Wardens within months
18.2 DUTIES OF WILDLIFE ADVISORY BOARD
The Wildlife Advisory Board in constituted mainly to advise the State
Government.
* In the selection of areas to be declared as sanctuaries.
national parks and closed areas and the administration thereof:
* In formulation of the policy for protection and
conservation of wildlife and specified plants:
* In any matter relating to the ameadment of any schedule;
* In any other matter connected wit h the protection of
wildlife which may be referred to it by the State Government.
18.3 HUNTING OF WILD ANIMALS
Section 9 of the Wild Life (Protection) Act, 1972 (WPA) proibits
hunting of any wild animal specified in Schedules, 1, 2, 3 and 4. Any person,
who hunts any wild animal shall be punishable with imprisonment for a term
which may extend to 3 years or with fine which may extend to Rs. 25,000/-
or with both. However, if any person commits the offence in a sanctuary or
national park, with respect to any animal specified in Schedule I he shall be
punishable with imprisonment which shall not be less than 1 year but may
extend to 6 years and also with fine which shall not be less than Rs. 5,000/-
However, the Chief Wild Life Warden may permit hunting of wild
animals in certain cases like:
 1. If he satisfied that if any wild animal specified in
Schedule I has become dangerous to human life or is so
disabled or diseased so as to be beyound recovery;
2. If he satisfied that any wild animal specified in Schedule
2, 3 or 4 has become dangerous to human life or to property
(including standing crops on any land) or so disabled or
diseased as to be beyond recovery;
3. If the killing or wounding of any wild animal is done in
good faith and in defence of oneself or of any other person.
4. for the purpose of -
(a) education;
(b) Scientific research;
(c) scientific management (translocation of any
wild animal to an alternative suitable habitat or
population management of wild life without killing or
poisoning or destroying any wild animals).
(d) collection of specimens (for recognised zoos
or for museums and similar institutions);
(e) derivations, collection or preparation of
snake venom for the manufacture of life saving drugs.
Chief Forest Conservator (Wind life) v. Nisar Khan20 is an appeal
directed against a judgment and order passed by a Division Bench of the
Allahabad High Court whereby and where under a writ petition filed by the
respondent herein, inter alia, for issuance of a writ in the nature of
mandamus directing the appellants herein to grant a licence for carrying on
business as a dealer in birds which are bred in captivity, was allowed.
Before the High Court, the contention of the respondent herein was
that he had been dealing in birds of several varieties specified in the
Schedule IV appended to the Wild Life (Protection) Act, 1972
(hereinafter called “the Act”); wherefor he had applied for and had been
granted a licence, which was valid up to 31st December 1990. For renewal
of the said licence for the year 1991, he filed an application but the same had
not been granted. According to the respondent, he had mainly been dealing
in Munias, Parakeets, Mainas and Buntings, which are found in abundance
in the State of Uttar Pradesh and as such no probibition can be imposed on
his business in captive birds by the appellants in terms of the provisions of
the Act or otherwise.
The contention of the appellants herein, on the other hand, is that
having regard to the amendment made in S.9 of the Act as the term hunting
includes trapping of birds as specified in Schedule IV appended to the Act,
no licence for dealing in them can be lawfully granted. It was further
contended that the appellants served a notice on or about 4th
December 1991 directing the respondent to dispose of all the birds in
his possession before 31st December 1991.
The High Court upon consideration of the respective contentions
made by the parties held that the respondent herein was entitled to carry on
business in the birds specified in Schedule IV of the Act and as such the
matter relating to grant of licence ought to have been considered.
 The Supreme Court held that “A conjoint reading of the provisions of
the Act and the Rules leaves no manner or doubt that although grant of
licence in respect of birds in captivity is not altogether probibited but before
grant of licence the licensing authority is under a statutory obligating to
ensure that thereby inter alia the provisions of S: 9 of the Act as also the
provisions of the Rules are not violated. The Act seeks to protect wild
animals. Any provisions contained in the Act aiming protection of wild
animals, must necessarily be strictly complied with. When hunting of the
birds specified in Schedule IV is prohibited, there cannot be any about
whatsoever that no person can be granted a licence to deal in birds in
captivity, which is procured by hunting. ‘Trapping’ birds comes within the
purview of the meaning of the term ‘hunting’ is prohibited in terms of S. 9 of
the Act. It is one thing to say that by reason of breeding of birds in captivity
their. Population is raised, but is it another thing to say that the birds are
trapped before they are made captive so as to enable the licensee to deal in
them. The latter is clearly prohibited. Rule 3 of the 1983 Rules clearly
postulates that the licensing authority is not only required to consider the
source and the manner in which the supplies for the business concerned
would be obtained but also is required to bestow serious consideration as
regards implications which the grant of such licence would have on the
hunting or trade of the wild animals concerned. When the licensing authority
arrives at a finding of fact having regard to the past transactions of a
licensee that it cannot carry on any business by reason of breeding of
captive birds but necessarily therefore he is to hunt, he would be justified in
refusing to grant a licence in terms of the provisions of the Act.”
18.4 PROTECTION OF SPECIFIED PLANTS.
Section 17A of WPA prohibits picking, uprooting, etc of specified
plants. No person shall -
* wilfully pick, uproot, damage, destroy, acquire or collect
any specified plants from any forest land or any area
specified by notification by the Central Government.
* Possess, sell, offer for sale, or transfer by way of gift or
otherwise or transport any specified plant, whether alive or
dead or part of derivative thereof.
However, a member of scheduled tribe is permitted to pick, collect or
possess any specified plant or part of derivative thereof, in the district where
he resides, for his bonafide personal use. In Pradeep Krishen V. Union of
India21 the prtitioner filed a Public Interest Litigation challenging the order
issued by the Madhya Pradesh Government permitting certain
villagers/tribals to collect tendu villagers/tribals were allowed to enter the
Sanctuaries and National Parks, they would harm the wild animals and set
fire to the forest under the pretext of colleeting tendu leaves. The Supreme
Court upheld the order issued by the government of Madhya Pradesh and
recognised the traditional rights of villagers/tribals to procure tendu leaves.
It also directed the Government to take necessary steps to protect the
wildlife in the Sanctuaries and National Parks.
The Chief Wild Life Warden may, with the previous permission of the
State Government may permit22 a person to pick uproot, acquire or collect
any specified plant from a forest land or from a specified area for the
purpose of -
 * education
* scientific research
* collection preservation and display in a herbarium of any
scientific
institution; or
* propagation by a person or an institution approved by t he
Central
Government in this regards.
The WPA prohibits cultivation of specified plants without obtaining
licence from the Chief Wild Life Warden or any other Officer authorised by
the State Government in this regard” Similarly, dealing in specified plants
without licence is also prohibited. Any person who wish to commence or
carry on business or occupation as a dealer in a specified plant or part or
derivative thereof shall do so only in accordance with the licence granted by
the Chief wild life Warden or any other Officer authorised by the State
Government24. The WPA also provides that the licensee shall keep in his
control custody or possession, any specified plant or part or derivative
thereof stricrly in accordance with the conditions subject to which the
licence has been granted.
Section 17G of WPA directs that ‘no person shall purchase, receive or
acquire any specified plant or part or derivative thereof other than from a
licensed dealer” Section 17H of WPA declares that every specified plant or
part or derivative thereof shall be the property of the State Government and
where such plant or part or derivative has been collected or acquired from a
sanctuary or national park declared by the Central Government, such plant
or part of derivative thereof shall be the property of the Central Government.
Any person who violates any of the above provisions shall be
punished with imprisonment for a term. which may extend to 3 years of with
fine, which may extend of Rs. 25,000/- or with both.