LEGAL PROTECTION OF WILDLIFE

The final project submitted on partial fulfillment of the course, Environment Law during the
academic session 2019-2020, Semester-VII.

Submitted by

Name: Piyush Raj

Roll No.: 1545

Class: B.A. LL.B. (H)

Submitted to

Mr. Hrishikesh Manu

Assistant Professor of Law

September 2019

CHANAKYA NATIONAL LAW UNIVERSITY, NYAYA NAGAR, MITHAPUR,

PATNA- 800001.
 TABLE OF CONTENTS

ACKNOWLEDGEMENT…………………………………………...…………………............3

Hypothesis……………………………………………………………………………………....4

Research Methodology…………………………………………………….……..……………..4

Method of Writing……………………………………………………..…………..…………....4

Mode of Citation……………………………………………………………………..………....4

INTRODUCTION……………………………………………………………………………...5

THE WILDLIFE (PROTECTION) ACT, 1972……........…………………………….……….7

STATUTORY FRAMEWORK ON WILDLIFE PROTECTION………………............……...9

PROVISIONS UNDER OTHER LAWS…….………………………………………………...20

CONCLUSION................…………………………………………………...............………….23

BIBLIOGRAPHY……………………………………………….…………………...……........24

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 ACKNOWLEDGEMENT

I would like to thank my faculty Mr. Hrishikesh Manu, whose assignment of such a relevant and
current topic made me work towards knowing the subject with a greater interest and enthusiasm
and moreover he guided me throughout the project.

I owe the present accomplishment of my project to my friends, who helped me immensely with
sources of research materials throughout the project and without whom I couldn’t have completed
it in the present way.

I would also like to extend my gratitude to my parents and all those unseen hands that helped me
out at every stage of my project.

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Hypothesis:

1.

2.

Research Methodology:

The research undertaken is doctrinal. The researcher has relied on secondary sources of data. In
addition, a wide range of articles, journals and reports have also been looked into.

Method of Writing:

The method of writing followed in the course of this research project is primarily analytical.

Mode of Citation:

The researcher has followed a uniform mode of citation throughout the course of this project.

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 INTRODUCTION

The wildlife occupies an important place in our cultural and religious tradition. Our care for animal
including many endangered species leaves a lot to be desired. The earliest enactments to protect
wild animals in India were Elephant Preservation Act., 1879 and Wild Birds Protection Act, 1887.
It is understood that preservation of wildlife is almost essential not only for animals but also for
survival of human races. Due to increasing depletion of wildlife, environmental concern regarding
the flora and fauna came to the lime light long after independence.1 After the commencement of
the Indian Constitution in the division of powers between centre and states, 'wildlife' was originally
a State subject and the Parliament had no Constitutional power to make law in respect of wildlife
unless the legislatures of two or more states pass a resolution in pursuance to article 252
empowering the Parliament to pass necessary legislation thereto.2 The first comprehensive law for
the protection of wildlife and its habitat was perhaps the Hailey National Park Act, 1936 which
established the Hailey (now Corbett) National Park in the State of Uttar Pradesh. 3 The primary
intent of most of the early statutes was to preserve game animals for hunting. The Indian Forest
Act, 1927 included restrictions in reserved or protected forests and authorised the establishment of
sanctuaries.4 Law should be passed to protect the endangered species and severe punishment
should be given to those hunters who indulge in their illegal and senseless killings and the poachers
who hunt them out of personal gains. India is probably the first Country to enact the Wildlife
Protection Act.5 To sum up the long history of wildlife we know that the earliest codified law on
wildlife can be traced to third century B.C. when, Asoka the king of Magadha enacted a law in the
matter of preservation of wildlife and environment. But the first codified law in India which
heralded the era of laws for wildlife protection was enacted in the year 1887 by the British and
was titled the Wild Birds Protection Act, 1887. It enabled the then Government to frame rules
prohibiting the possession or sale of any kind of specified wild birds, which had been killed or
taken during the breeding season.6 Again the British government in the year 1912 passed the Wild
Bird and Animals Protection Act, 1912 which was amended in 1935. It was this 1912 Act that

1
See, S.A.K. Azad, Hunting of Wild Animals and its Legal Control in India, AIR 2004, p. 210.
2
See, S. N. Dhyani, Wildlife management: Wildlife Protection Legislation, (1994), p. 61.
3
See, Sanjay Upadhyay, Videh Upadhyay, Forest Laws, Wildlife Laws and the Environment (2002), p. 229.
4
See, Divan and Rosencranz, Environmental Law and Policy in India (2001), p. 31
5
See, B. K. Sharma, Environmental Chemistry, Wildlife (2007) p. 6
6
Ibid 3, p. 228.

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prohibited, for the first time, the killing of wild animals and birds and the disobedience of this
mandate entailed penal consequences. It empowered the local government to apply the provisions
of the act to any kind of wild bird or animal, other than specified in the schedule, which, in its
opinion, was desirable to protect or preserve.7

After Independence, the Constituent Assembly in Draft Constitution placed "Protection of Wild
Birds and Wild Animals" at entry No. 20 in the State List and State legislature had been given
power to legislate. It was later shifted to Concurrent List by 42nd Amendment Act 1976. It has
given a greater say to the centre by placing subjects ‘forests'8 and 'protection of wild animals'9 and
birds, in the Concurrent List.10 Realising the importance of wildlife resource and in order to prevent
its depletion, several steps have been taken in the country by way of enactment of various Wildlife
Acts. In the following pages important legislations related to wildlife shall be taken up one by one
in chronological order.

7
Ibid.
8
Entry 17A, Schedule VII, The Constitution of India.
9
Entry 17B, Schedule VU, The constitution of India.
10
See, S. N. Dhyani, Wildlife management: Wildlife Protection Legislation, (1994), p. 62.

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 THE WILDLIFE (PROTECTION) ACT, 1972

A law is nothing but a reflection of the aspirations and mores of a society, and undergoes changes
with time. Till the middle of the last century, wildlife in India was abundant and their habitat
largely intact. Hunting was a popular sport. In the early seventies it became clear to decision
makers that unless a uniform, well-structured law was promulgated across the country, survival of
wildlife would be in danger. The Wildlife (Protection) Act, 1972 was therefore put into place. It
became applicable to all the States of India except Jammu and Kashmir, which later enacted its
own law called the Jammu and Kashmir Wild Life (Protection) Act, 1978.11

The Wildlife Protection Act was promulgated with three specific objectives in mind:

• To provide uniform legislation for protection of wildlife throughout the country.

• To prevent hunting of and trading in wildlife or any product thereof.

• To set the parameters for the establishment and maintenance of protected areas such as national
parks and sanctuaries.12

This was the first comprehensive legislation affording legal measures for the protection of wild
animals including birds, reptiles, amphibians, insects, etc. and the endangered species in particular.
It also provides for setting up of national parks and wildlife sanctuaries, regulation of trade or
commerce in wild animals, products and trophies, etc.

There are six schedules in the act which list the rare and endangered species to be totally
protected.13 The Wildlife Protection Act, 1972 was passed by the Parliament and it was assented
to by the President on 9th September 1972. It was amended in 2002 and received the assent of
President on 17.01.2003. It came to be known as the Wild Life Protection (Amendment) Act, 2002.
The last amendment that took place in the Act was in 2006 and it came into effect on 4.09.2006.
By this amendment Chapter IVB was added which contained sections 38K to 38X and chapter
IVC which included sections 38Y and 38Z. The act came to be known as Wildlife (protection)
Amendment Act, 2006. The Wildlife (Protection) Amendment Bill, 2010 is lying pending in the

11
See, Ashok Kumar, Laws that Protect Wildlife: The WildLife (Protection) Act, 1972, (2002), p. 18.
12
See, Nalin Ranjan Jena: People, Wildlife and Wildlife Protection Act., Economic and Political Weekly (1994) p.
2767.
13
See, S.M. Nair: Endangered Animals of India and their Conservation, (1992) p. 100.

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Parliament as for now. In the Wildlife (Protection) Act, 1972 (herein referred to as the Principal
Act), for long title, the following long title shall be substituted, namely -

"An Act to provide for the protection of wild animals, birds and plants, and for matters connected
therewith or ancillary or incidental thereto with a view to ensuring the ecological and
environmental security of the country."

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 STATUTORY FRAMEWORK ON WILDLIFE PROTECTION

(a) Definitions

i. Wildlife

Section 2(37) defines wildlife to include 'any animal, aquatic or land vegetation which forms part
of any habitat.’

This definition is significant as destruction of habitat would amount to destruction of Wildlife

itself.

ii. Wild Animal

The Wildlife Protection Act goes beyond the common understanding of wild animal while defining
it in two parts- one, where a wild animal is defined to be 'any animal found wild in nature.'14
Second, where any animal specified in various Schedules, (Schedules I, II, III, IV, V)15 that have
been appended in the Wildlife Protection Act, wherever found. The reason for this broad definition
is perhaps aimed to cover wild species more comprehensively, in order to prevent illegal trade or
poaching outside the wild.

iii. Hunting

The definition of hunting under the Wildlife Protection Act is quite comprehensive. It not only
covers capturing, killing, poisoning, snaring and trapping of a wild animal but also includes every
attempt to do so. Further, hunting also includes 'driving' any wild animal for the above said
purposes. Injuring or destroying or taking any part of the body of any such wild animal or in the
case of a wild bird or reptile, damaging the egg of such birds or reptiles or even disturbing the eggs
or nests of such birds or reptiles would also amount to hunting.16

iv. Scheduled Animal

The concept of 'scheduled animal' was introduced in 1986 vide Amendment Act, 1986. There is
need to clarify this definition because the concept of scheduled animal and wild animals listed

14
See, The Wildlife Protection (Amendment) Act, 2002, Section 2(36).
15
See, The Wildlife Protection (Amendment) Act, 2002, Section 2(37).
16
See, The Wildlife Protection Act, 1972, Section 2(16).

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under the various schedules in the wildlife Protection Act, are often interchanged and
misinterpreted. A scheduled animal is defined to include any animal listed in Schedule I and Part
II of Schedule II whereas, a wild animal is listed in different schedules i.e. Schedule I, II, III and
IV in accordance with the degree of protection accorded to it. Scheduled animal has been accorded
the highest protection. Trade in any such scheduled animal is completely banned.17

v. Protected Area

The term 'protected area' is not defined under the Wildlife Protection Act. However, the Supreme
Court has clarified in a significant case that the expression 'protected area' was intended to and
does refer to all the areas which have had legal protection against non-forest activities that
devastated the environment including poaching, mining, felling of trees etc. Under the Wildlife
Protection Act 'Protected area' means a National Park, a sanctuary, a conservation reserve or a
community reserve notified under sections 18, 35, 36A and 36C of the Act.18

National Park means an area declared, whether under section 35 or section 38, or deemed, under
sub-section (3) of section 66, to be declared as a national Park.19

Sanctuary means an area declared as a sanctuary by notification under the provisions of Chapter
IV of this Act and shall also include a deemed sanctuary under subsection (4) of section 66.20

A reserve forest means the forest declared to be reserved by the State Government under section
20 of the Indian Forest Act, 1927, or declared as such under any other State Act.

vi. Trophy

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 rugs,
skins and specimens of such animal mounted in whole or in part through a process of taxidermy,
and antler, bone, carapace, shell, horn, rhinoceros horn, hair, feather, nail, tooth, tusk, musk, eggs,
nests and honeycomb.21

17
See, The Wildlife Protection (Amendment) Act, 1986, Section 49(A).
18
See, The Wildlife Protection (Amendment) Act, 2002, Section 2(24-A).
19
See, The Wildlife Protection Act, 1972, Section 2(21).
20
See, The Wildlife Protection Act, 1972, Section 2(26).
21
See, The Wildlife Protection (Amendment) Act, 1991, Section 2(31).

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(b) Authorities under The Wildlife (Protection) Act, 1972

Under the Central Government, the highest officer for wildlife preservation is the Director,
Wildlife Preservation. He is assisted by the Assistant Directors and such other officers and
employees as may be necessary. The Director shall follow the directions given by the Central
Government from time to time in the performance of his duties and exercise of his powers.22

(c) Appointment of Chief Wildlife Warden and other officers

The State Government may appoint a Chief Wildlife Warden, usually of the rank of Chief
Conservator of Forest and is assisted by Wildlife Wardens, Honorary Wildlife Wardens and such
other officers and employees as may be necessary. The Chief Wild Life Warden shall follow the
directions of the State Government from time to time in the performance of his duties and exercise
of his powers. The Wild Life Warden and other officers and employees shall be subordinate to
Chief Wild Life Warden.23

(d) Constitution of National Board for Wild Life

Section 5 A was inserted by the Wildlife (Protection) Amendment, Act, 2002. The National Board
for Wild Life is constituted under this section.24

(e) Functions of the National Board

It includes the duty to promote the conservation and development of wild life and forests without
prejudice to the generality of the foregoing provision which may provide for framing polices and
advising the Central Government and the State Governments and making recommendations on the
setting up of and management of national parks, sanctuaries and other protected areas, to review
the progress in the field of wild life conservation in the country from time to time.25

(f) State Board of Wild Life

22
See, The Wildlife Protection Act, 1972, Section 3.
23
See, The Wildlife Protection Act, 1972, Section 4.
24
See, The Wildlife Protection (Amendment) Act, 2002, Section 5 A (2).
25
See, The Wildlife Protection (Amendment) Act, 2002, Sec 5 C.

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The State Board is constituted under this section in the similar way as National Board for Wild
Life is constituted but it is to be constituted within six months from the date of commencement of
the Wildlife (Protection) Amendment Act, 2002.26

Sections 7 and 8 give the procedure to be followed and duties of the Board. The primary duties of
the board include advising on selection of national park and sanctuaries, formulating policy on
protection of wildlife and plants, advising on any matter relating to schedules and taking suitable
measures for harmonizing needs of tribal and other forest dwellers with wildlife protection and
conservation.27

(g) Hunting of Wild Animals

This chapter deals with Hunting of Wild Animals. The laws on hunting of wild animals have been
incorporated under section 9 of the Wildlife (Protection) Act, 1972. The animals specified in
schedule I-IV of the Act cannot be hunted by any person.28

 Cases where Hunting of Wild Animals is permitted

Hunting of wild animals is to be permitted in certain cases provided under section 11.
Section 11 distinguishes between Schedule 1 and the rest of the animals listed in schedule H to IV
in the following manner.

In case of schedule I animal, if the Chief Wildlife Warden of any state is satisfied that such
animal has become dangerous to human life or is so disabled or diseased beyond recovery then he
may, by order in writing and stating the reasons therefor, permit any person to hunt such animal
or cause such animal to be hunted.

In case of a wild animal specified in Schedule II to IV, the Chief Wildlife Warden or an
Authorised Officer may permit such hunting as stated above not only when such wild animal has
become dangerous to human life but also when it becomes dangerous to property and such property
may include standing crops on any land. The above distinction clearly shows that even when a
Schedule I animal becomes dangerous to property then it cannot be hunted. Secondly, in case of
Schedule I animal, only the Chief Wildlife Warden has empowered to grant the permission to any

26
See, The Wildlife Protection (Amendment) Act, 2002, Section 6.
27
See, The Wildlife Protection Act, 1972, Sees. 7 and 8.
28
See, The Wildlife Protection (Amendment) Act, 1991, Section 9.

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person to hunt such animal. Provided that no wild animal shall be killed if it can be captured,
tranquilized or translocated according to Chief Wildlife Warden's satisfaction. Such animal shall
not be kept in captivity if it can be rehabilitated in wild.29 Any person may be permitted to hunt
such animal in a specified area.30

Another exception where hunting of wild animal may be permitted is in case of killing or wounding
of any wild animal in good faith in defence of one-self or of any other person31 and such animal
shall be Government property.32

 Grant of Permit for Special Purposes

The permit for hunting shall also be granted by the Chief Wildlife Warden in special
purposes on payment of prescribed fee. The purpose may be education, scientific research, and
scientific management, collection of specimens, derivation, collection or preparation of snake
venom for the manufacture of life saving drugs. These permits shall not be granted without the
prior permission of Central Government (Schedule I) and State Government (Schedule II-IV).33

(i) Protection of Specified Plants

Specified plants are those, which are specified in Schedule VI of the Wildlife (Protection) Act,
1972. Only six species of plants have been included in this schedule. Chapter III-A inserted by Act
in 1991 prohibits willful picking, uprooting, damaging, destroying, acquiring or collection of any
specified plant from any forest land or any area specified by notification by the Central
Government. The possession, sale, gift or transport of any specified plant whether alive or dead or
even its parts or derivative is also prohibited under the said chapter.34

(k) Sanctuaries

 Declaration of Sanctuary

29
See, The WUdlife Protection Act, 1972, Sec 11(1)(a)
30
See, The Wildlife Protection Act, 1972, Sec 11(1)(b).
31
See, The WUdlife Protection Act, 1972, Sec 11(2).
32
See, The Wildlife Protection Act, 1972, Sec 11(3).
33
See, The Wildlife Protection Act, 1972, Section 12.
34
See, The Wildlife Protection (Amendment) Act, 1991, Section 17-A.

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 A sanctuary is an area that is established under the three provisions of the Wildlife
Protection Act, i.e. 26A, 38(1) and 66(3). For an area of land or water, of any legal status except
reserved forests and territorial waters around India's coast to be notified a sanctuary under section
26A there are three conditions to be fulfilled:

 Firstly, a notification under section 18 must be issued declaring the intention and
the boundaries of a particular area that is required to be declared a sanctuary.
 Secondly, the period after proclamation made by the collector for preferring claims
and with regard to peoples' rights must elapse.
 Thirdly, all the claims made in relation to any land must be disposed off by the
State government.

The State Government may declare its intention to constitute any area other than area
comprised within any reserve forest or the territorial waters as a sanctuary, for the purpose of
protecting, propagating or developing wildlife or its environment.35

(l) National Parks

 Declaration of a National Park

A National Park can be established under three provisions of the Wildlife Protection Act,
i.e. section 35, section 38(2) and section 66(3). For an area to be declared a National Park under
section 35, an intention is declared by notification for an area, which is of ecological, faunal, floral
and geomorphologic importance. A National Park is notified, first, when the period of preferring
claims has elapsed, second when all claims in relation to any land in the area intended to be a
National Park are disposed off by the State Government and lastly, when all rights in respect of
land which is proposed to be included in the National Park are vested in the Government. After all
the above conditions have been fulfilled the State Government shall issue a notification specifying
the limits of the area that is being declared as National Park.36

No alteration of the boundaries of the National Park by the State Government shall be made
except on recommendation of the National Board37 and no person shall destroy, exploit or remove

35
See, The Wildlife Protection (Amendment) Act, 1991 Section 18.
36
See, The Wildlife Protection Act, 1972 Section 35.
37
See, The Wildlife Protection (Amendment) Act, 2002, Section 35 (5).

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any wildlife including forest produce except in accordance with a permit granted by the Chief
Wildlife Warden for the improvement and better management of wildlife. 38 The forest produce
may only be used for personal use. No livestock shall be permitted to enter a National Park.39

Under section 38(2) the Central Government can declare a certain area as a National Park.
However, there are two conditions that need to be fulfilled: Firstly, the state Government either
leases or transfers any area under its control to the Central Government, whether it is a sanctuary
or not, and secondly, the Central Government is satisfied that the particular area satisfies the
condition under section 35, i.e. it is of ecological, geomorphological, faunal and floral significance.

Under section 66(3) the provisions are with regard to the National Parks that existed prior
to the commencement of the present act. National parks that existed prior to this Act, e.g. Hailey
National Park, notified under a special law enacted for this purpose, would be deemed to be
National park under this Act.

 Declaration and Management of Conservation Reserve

The State Government may declare any area owned by the Government, particularly the
areas adjacent to national parks and sanctuaries and those areas which link one protected area with
another as Conservation Reserve for protecting landscapes, seascapes, flora & fauna and their
habitat.40

The State Government shall constitute a Conservation Reserve Management Committee to

advise the Chief Wildlife Warden to conserve, manage and maintain the Conservation Reserve
and it shall regulate its own procedure.41

Where the community or an individual has volunteered to conserve wildlife, the State
Government may declare any private or community land as a Community Reserve for protecting
flora, fauna and traditional or cultural conservation values and practices.42

38
See, The Wildlife Protection (Amendment) Act, 2002, Section 35 (6).
39
See, The Wildlife Protection Act, 1972 Section 35 (7).
40
See, The Wildlife Protection (Amendment) Act, 2002, Section 36A.
41
See, The Wildlife Protection (Amendment) Act, 2002, Section 36B.
42
See, The Wildlife Protection (Amendment) Act, 2002, Section 36C.

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 The State Government shall constitute a Community Reserve Management Committee,
which shall be responsible for the conservation, maintenance and management plan for the
Community Reserve. The Committee shall be the competent authority to prepare and implement
the management plan for the Community Reserve and to take steps to ensure the protection of
wildlife and its habitat.43

(m) Central Zoo Authority and Recognition of Zoos

 Constitution of Central Zoo Authority

Central Zoo Authority shall be constituted by the Central Government which shall consist
of Chairperson, maximum of ten members and Member Secretary. It shall exercise and perform
the functions assigned to it.44

The term of office of Chairman or a member shall not exceed 3 years. He may resign by
giving in writing to the Central Government. The Central Government shall remove a person from
the office of Chairperson or member if he becomes insolvent or gets convicted and sentenced to
imprisonment for an offence which involves moral turpitude or becomes of unsound mind etc. A
vacancy shall be filled by fresh appointment. The terms and conditions shall be such as may be
prescribed. No act or proceedings of the Authority shall be questioned or be invalid merely on the
grounds of any vacancy.45

 Functions of the Authority

It shall be the function of the authority to specify the minimum standards for housing and
veterinary care of animals kept in a Zoo, recognise or de-recognise Zoos, identify endangered
species of wild animals, co-ordinate training of Zoo personnel in India and outside India, provide
technical or other assistance to Zoos and many more. It shall perform such other functions as may
be necessary.46

 Recognition of Zoo by the Authority

43
See, The Wildlife Protection (Amendment) Act, 2002, Section 36D.
44
See, The Wildlife Protection (Amendment) Act, 2002, Section 38A.
45
See, The Wildlife Protection (Amendment) Act, 2002, Section 38B.
46
See, The WUdlife Protection (Amendment) Act, 2002, Section 38C.

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 No zoo shall be operated without being recognized by the Authority. Every application for
recognition of a zoo shall be made to the Authority in Form I given in the Recognition of Zoo
Rules, 200947 and on payment of such fee as may be prescribed.48

The Authority shall grant the recognition to a Zoo if it is satisfied having due regard to the
interests of protection and conservation of wildlife and standards, norms and other matters which
are specified under Rule 10 of Recognition of Zoo Rules, 2009.49

The applicant shall be given a reasonable opportunity of being heard before his application
is rejected and an appeal against this order for refusal shall be made to the Central Government
within 30 days from the date of communication of the order to the applicant.50

 Acquisition of animals by a Zoo

No zoo shall acquire, sell or transfer any wild animal or captive animal specified in
Schedule I & II except with prior permission of the Authority and from or to a recognized zoo.51

Chapter IVB was inserted to the wildlife protection act by The Wildlife Protection
Amendment Act, 2006. The Wildlife Protection Amendment Act, 2006 came into force on 4 th
September, 2006. The Act provides for creating the National Tiger Conservation Authority and
the Tiger and other Endangered Species Crime Control Bureau.

(n) National Tiger Conservation Authority

The implementation over the years has highlighted the need for a statutory authority with legal
backing to ensure tiger conservation. Based on the recommendations of National Board for
Wildlife, a Task Force was set up to look into the problems of tiger conservation in the country.
The Task Force, interalia include strengthening of Project Tiger by giving it statutory and
administrative powers, apart from creating the Wildlife Crime Control Bureau. It has also
recommended that an annual report should be submitted to the Central Government for laying in

47
See, The Recognition of Zoo Rules, 2009, Rule 3.
48
Ibid. Rule 4, A fee of Rs. 10000/- to be paid in respect of every application.
49
Ibid. Rule 10.
50
See, The Wildlife Protection (Amendment) Act, 2002, Section 38 H (8).
51
See, The Wildlife Protection (Amendment) Act, 2002. Section 38-1.

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Parliament, so that commitment to Project Tiger is reviewed from time to time, in addition to
addressing the concerns of local people.

(o) Penalties

Any person who commits a breach of any of the conditions of any license or permit granted under
this Act shall be guilty of an offence and shall on conviction be punishable with imprisonment for
a term which may extend to 3 years or with a fine which may extend to Rs. 25,000/- or with both.52

The offence committed In relation to any animal specified in Schedule - I or Part-II of Schedule-
II or meat of any such animal or animal article, trophy or uncured trophy derived from such animal
or where the offence relates to hunting in a sanctuary or a national park or altering the boundaries
of a sanctuary or a National Park, the person shall be punishable with imprisonment not less than
3 years which may extend to 7 years and fine not less that Rs. 10,000/. In case of a second or
subsequent offence of the nature mentioned in this sub- section the term of imprisonment shall not
be less than three years but may extend to seven years and also with fine which shall not be less
than twenty-five thousand rupees.53

Any person contravening the provisions of Sec. 38 shall be punished with 6 months imprisonment
or with fine which may extend to Rs. 2000/- or both and in case of second offence the term of
imprisonment may extend to one year, or with fine which may extend to five thousand rupees.54

Any person, who abets (and if the act abetted is committed) or commits an offence in relation to
the core area of a tiger reserve or where the offence relate to hunting in tiger reserve or altering the
boundaries of tiger reserve such offence shall be punishable on the first conviction with
imprisonment for a term which shall not be less than three years but may extend to seven years,
and also with fine which shall not be less than fifty thousand rupees but may extend to two lakh
rupees and in the event of second or subsequent conviction with imprisonment for a term of not
less than seven years and also with fine which shall not be less than five lakh rupees but may
extend to fifty lakh rupees.55

52
See, The Wildlife Protection Act, 1972 Section 51(1).
53
See, The Wildlife Protection (Amendment) Act, 2002, Proviso to Section 51(1).
54
See, The Wildlife Protection (Amendment) Act, 1991, Section 51(1B).
55
See, The Wildlife Protection (Amendment) Act, 2006, Section 51(1C) and 51(1D).

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No Court shall take cognizance of any offence on complaint of any person other than the Director
of Wild Life Preservation or any other officer authorized in this behalf by the Central Government
or the Member Secretary, Central Zoo Authority in matters of Chapter IV-A or member- secretary,
Tiger Conservation Authority or Director of the concerned tiger reserve or the Chief Wild Life
Warden or any other officer authorized by State Government, the officer-in-charge of the Zoo in
respect of violation of provisions of Section 38 or any person who has given notice of not less than
60 days of the alleged offence and of his intention to make a complaint, to the Central Government
or the State Government or the officer authorized.56

56
See, The Wildlife Protection (Amendment) Act, 1991, Section55.

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 PROVISIONS UNDER OTHER LAWS

(a) The Prevention of Cruelty to Animals Act, 1960

The Prevention of Cruelty Act, 1960 classifies all living creature s into two classes: human beings
and animals and seeks to regulate the behavior of the former towards the latter.57 This Act pertains
to captive and domestic animals. It shall be the duty of every person having the car e or charge of
any animal to take all reasonable measures to ensure the well- being of such animal and to prevent
the infliction upon such animal of unnecessary pain or suffering.58 Sec. 11 of the Act enumerate s
the various forms of cruelty of animals which are prohibited. If any person n beats, kicks, over-
rides, over-drives, over-loads, torture s or otherwise treats any animal so as to subject it to
unnecessary pain, employs or labour any anima l for which it is unfit, shall be punishable. Other
forms of cruelty are willfully administering any injurious drug or injurious substance, keeping the
animal chained, not providing sufficient food, drink or shelter, to permitting any animal to die in
any street, killing or mutilating any anima l by strychnine injections in the heart or any other cruel
manner. If any person treats animals with cruelty, he shall be punished for the first offence with
fine up to fifty-rupees and for second or subsequent offence committed within three years of the
previous offence, with fine up to one hundred rupees or with imprisonment up to three months or
with both.59

Performance of experiments on animals for the purpose of advancement by new discovery of

physiological knowledge or of knowledge which will be useful for saving or prolonging life or for
combating any disease, whether of human beings, animals or plants is not prohibited and is
lawful.60

Rules relating to experiments on animals are made under Sec. 17 if those rules are not complied
with, the Committee has the power to prohibit experiments on animals.61

57
See, Raju Z. Moray, From Cruelty to Compassion, The Lawers, Vol. 10(6), 1995, p. 4.
58
See, Section 3, The Prevention of Cruelty to Animals Act, 1969.
59
See, The Prevention of Cruelty to Animals Act, 1960, Sec 11.
60
Ibid.
61
See, The Prevention of Cruelty to Animals Act, 1960, Section 19.

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No person can exhibit or train any performing animal unless he is registered in accordance with
the provisions of the Act.62

Any person desirous of exhibiting or training any performing animal can get himself registered by
making an application in the prescribed form to the prescribed authority and on payment of
prescribed fee.63

The provisions of the Act shall not apply to (i) training of animals for bonafide military or police
purposes or the exhibition of any animals so trained, or (ii) any animal kept in any zoological
garden or by any society or association for the object of exhibiting the animals for educational or
scientific purposes.64

(b) The Indian Penal Code, 1860

The Indian penal Code also contains some provisions to safeguard the animals. It also defines the
word 'animal' and penalties for mischief against animals and negligent conduct with respect to
animals.

Sec. 47 Defines the word 'animal'. The word 'animal' denotes any living creature, other than a
human being.

Sec. 428 - Mischief by killing or maiming animal of the value of ten rupee.

Whoever commits mischief by killing, poisoning maiming or rendering useless any animal or
animals of the value of ten rupees or upwards, shall be punished with imprisonment of either
description for a term which may extend to two years or with fine or with both.

Sec. 429 - Mischief by killing or maiming cattle, etc., of any value or any animal of the value of
fifty rupees.

Whoever commits mischief by killing, poisoning, maiming or rendering useless any elephant,
camel, horse, mule, buffalo, bull, cow or ox, whatever may be the value thereof, or any other
animal of the value of fifty rupees or upwards, shall be punished with imprisonment of either
description for a term which may extend to five years or with fine or with both.

62
See, The Prevention of Cruelty to Animals Act, 1960, Section 22.
63
See, The Prevention of Cruelty to Animals Act, 1960, Section 23.
64
See, The Prevention of Cruelty to Animals Act, 1960, Section 27.

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Sec 289 - Negligent conduct with respect to animal

Whoever knowingly or negligently omits to take such order with any animal in his possession as
is sufficient to guard against any probable danger to human life, or any probable danger or grievous
hurt from such animal, shall be punished with imprisonment of either description for a term which
may extend to six months or with fine which may extend one thousand rupees or with both.

In this section a person who doesn't take sufficient care of any animal in his possession shall be
punished. Any animal 'includes' both wild and domestic animals. Any person who keeps wild
animals like bear and tiger, which escapes and causes damage, shall be punished. Those persons
who are in possession of such animals have a primary duty to protect the public against the
mischief resulting for such animal being at large.

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 CONCLUSION

The passing of the Wildlife Protection Act, 1972 as a unified piece of legislation is the most historic
and remarkable event in the field of wildlife conservation. The Act has provisions for setting up
Wildlife Sanctuaries and National Parks for the complete protection, conservation and
management of wildlife.

The statutory framework on wildlife protection is governed by the Wild Life Protection Act. It has
been seen that it is the difference in the basic conflicts. The fact that the definitions under the Act,
which has resulted in several conflicts. The fact that the definition of 'wildlife' includes its habitat,
or 'wild animal' also includes any animal specified in the schedules wherever found 'hunting'
includes every attempt to do so, and what are 'specified plants', 'vermins' or who are the nodal
authorities to enforce the Wild Life Act is still unclear to many minds including the wildlife
managers. What constitutes a 'sanctuary' or 'national park', what are the guidelines for 'settlement
of rights' within a protected area and how other laws such as the Foreign Trade act or the Panchayat
Extension Act impact wildlife areas is not very clear to many people who manage these areas.

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 BIBLIOGRAPHY

BOOKS:

P. Leelakrishnan, Environmental Law in India, Wolters Kluiver 9th ed., 2017

Sampath Iyengar, Environment and Pollution Laws (Containing Acts & Rules), Universal
Publishing House, 2015

Nawneet Vibhaw, Environmental Law: An Introduction, Lexis Nexis, 2016

Samir Sinha, Handbook on Wildlife Law Enforcement in India, Natraj Publishers, 2010

JOURNALS:

G.Vyralakshmi, R.Dhivya, International Journal of Pure and Applied Mathematics, Issue 1, Vol.
120, No. 5 (2018) “A Critical Study On Wildlife (Protection) Act, 1972 With Special Reference
To Compensation”.

WEB SOURCES:

Shodhganga at https://sg.inflibnet.ac.in

Conservation India at www.conservationindia.org

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