SUBJECT: ENVIROMENTAL LAW

Project topic: WILDLIFE PROTECTION ACT,1972

Submitted By
RITU KUMARI
Roll no. 1158
4TH Year , 7TH Semester, B.A.LL.B(Hons.)

Submitted to
HRISHIKESH MANU
Faculty of ALTERNATIVE DISPUTE RESOLUTION

Chanakya national Law University, Patna

2017

1
ACKNOWLEGEMENT

I take this opportunity to express my profound gratitude and deep regards to my guide Mr.
Hrishikesh Manu for his exemplary guidance, monitoring and constant encouragement
throughout the course of this project. The blessing, help and guidance given by him time to
time shall carry me a long way in the journey of life on which I am about to embark.

I also take this opportunity to express a deep sense of gratitude to my seniors, the library
staff and my friends for their valuable information and guidance, which helped me in
completing this task through various stages.

I would also thank my Institution and my faculty members without whom this project would
have been a distant reality. I also extend my heartfelt thanks to my family and well wishers.

Ritu kumari

2
AIM :

Wildlife Protection Act, 1972

OBJECTIVES:

1. To study about wildlife protection act, 1972 and the legal protection given to the
species of Indian animals.
2. To critically analyse the provisions of this act.
3. To study the provisions relating to the protection of wild plants, wild animals etc.

HYPOTHESIS:

Wildlife protection Act, 1972 has not been able to achieve its goal properly in protection of
Indian species.

RESEARCH METHODOLOGY

1. The researcher will be using doctrinal method. This includes primary and secondary
sources.

3
Contents

1. Acknowledgment ……………………………………………….…….2

2. Aims and objectives………………………………………………..….3

3. Introduction……………………………………………………………5

4. Authorities under the act………………………………………………7

5. Protected areas ………………………………………………………..11

6. National Tiger Conservation Authority………………………………15

7. Conclusion……………………………………………………………..18

Bibliography…………………………………………………………….2

4
 1. INTRODUCTION
The Wildlife Protection Act, 1972, provides for protection to listed species of flora and fauna
and establishes a network of ecologically-important protected areas. The Act consists of 60
Sections and VI Schedules- divided into Eight Chapters. The Wildlife Protection Act, 1972
empowers the central and state governments to declare any area a wildlife sanctuary, national
park or closed area. There is a blanket ban on carrying out any industrial activity inside these
protected areas. It provides for authorities to administer and implement the Act; regulate the
hunting of wild animals; protect specified plants, sanctuaries, national parks and closed areas;
restrict trade or commerce in wild animals or animal articles; and miscellaneous matters. The
Act prohibits hunting of animals except with permission of authorized officer when an animal
has become dangerous to human life or property or as disabled or diseased as to be beyond
recovery.1

The Act underwent many amendments. An amendment to the Act in 1982, introduced
provisions permitting the capture and transportation of wild animals for the scientific
management of animal population. An amendment in the year 1991 resulted in the insertion
of the special chapters dealing with the protection of specified plants and the regulation of
zoos. This also recognized the needs of tribal and forest dwellers and changes were
introduced to advance their welfare. The near-total prohibition on hunting was made more
effective by the Amendment Act of 1991

Widespread changes have been made by the Wildlife (Protection) Amendment Act, 2002 and
a new chapter has been incorporated as Chapter VI-A to deal with the forfeiture of property
derived from illegal hunting and trade. Further, this amendment Act also introduced the
concept of co-operative management through conservation reserve management committee
and community reserve committees.2

Evolution and Development of the concept of Wildlife Protection in India

1.3 Wildlife Protection in India after Independence

1
http://www.hyderabadpolice.gov.in/acts/wildlife.pdf (Last visited on 22 nd November, 2017)
2
http://www.legalserviceindia.com/articles/wlife.htm (Last visited on 22 nd November, 2017)

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The Post- independence era witnessed a lot of changes in the policies and attitudes of the
Governments with respect to environmental protection. There were many enactments to
protect the Forest, Environment, Water, Air and Bio-Diversity. All these Acts are directly or
indirectly give provisions to the protection of the wildlife. But let me specifically emphasis
on Wildlife protection, since my topic is wildlife protection.
The Indian Constitution gives ample provisions to protect the wildlife in its territory. Though
there are many implied provisions on wildlife protection in the constitution like Art.21,Union
, State and Concurrent list, the main Articles which specifically protects the wildlife are
Art.48-A and Art. 51-A(g). Art. 48-A says that the state shall endeavour to protect and
improve the environment and to safeguard the forest and wildlife of the country. Art. 51A (g)
imposes fundamental duty on the every citizen of India to protect and improve the
environment and have compassion for living creatures.3

The Wildlife Protection Act, 1972 is the major legislation which specifically enacted for the
protection of the wildlife in India. We will discuss this Act in detail in the following pages.
Besides this, there are much legislation enacted for the protection and preservation of the
wild life.4 They are The Wildlife Protection Act, 1972; The Wild Life (Transactions and
Taxidermy) Rules, 1973; The Wild Life (Stock Declaration) Central Rules, 1973; The Wild
life (Protection) Licensing (Additional Matters for Consideration) Rules, 1983; The Wild Life
(Protection) Rules, 1995; The Wild Life (Specified Plants - Conditions for Possession by
Licensee) Rules, 1995; Forest Conservation Act, 1980; Forest (Conservation) Rules, 1981;
National Forest Policy, 1988; Biological Diversity Act, 2002; Besides these Acts, there are
many legislations on Air, Water, Environment, Hazardous substance management, Solid
waste management, Noise Pollution prevention, and so on. Such laws also have the
provisions to protect the wildlife.5

In 1973, a centrally sponsored scheme Project Tiger was launched to ensure the maintenance
of the population of tigers in India. In 1991-92, The Project Elephant was launched aiming at
ensuring long term survival of identified viable population of Elephants and tackling the
problematic decrease of the elephant population.6

3
ibid
4
The Wildlife Protection Act 1972 (with Amendment Acts of 2003 and 2006), Kalpavriksh Environmental Action
Group, Legislation Briefing Note pg 4 available at:
http://s3.amazonaws.com/WCSResources/file_20110823_034444_ind_pub_WildlifeProtectionAct1972Amend
mentActs2002&2003&2006_hfsl.pdf
5
ibid
6
Supra2

6
 1. AUTHORITIES UNDER THE ACT
 Appointment of Director another officers7.–

(1) The Central Government may, for the purposes of this Act 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) 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 Assistant, Directors of Wildlife Preservation and other officers and employees
appointed under this section shall be subordinate to the Director.

 Appointment of Life Warden and other officers8.-

(1) The State Government may, for the purposes of this Act, appoint,-

(a) a Chief Wild Life Warden; (b) Wild Life Wardens; 1[* * *]

2[(bb) one Honorary Wild Life Warden in each district; and] (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) 3[The Wild Life Warden, the Honorary Wild Life Warden] and other officers and
employees appointment under this section shall be subordinate to the Chief Wild Warden.

 Power to delegate9.-

7
Section 3 Wildlife Protection Act, 1972
8
Section 4 Wildlife Protection Act, 1972
9
Section 5Wildlife Protection Act, 1972

7
 (1) The Director may, with the previous approval of the Central Government , by order in
writing, delegate all or any of his powers and duties under this Act to any officer subordinate
to him subject to such conditions, if any, as may be specified in the order.

(2) The Chief Wild Life Warden may, with the previous approval of the State Government
by order in writing, delegate all or any of his powers and duties under this Act, except those
under clause (a) of sub-section (1) of section 11, to any officer subordinate to him subject to
such conditions, if any, as may be specified in the order.

(3) Subject to any general or special direction given or condition imposed by the Director of
the Chief Wild Life Warden, any person authorised by the Director or the Chief Wild Life
Warden to exercise any powers, may exercise those powers in the same manner and to the
same effect as if they had conferred on that person directly by this Act and not by way of
delegation.

Constitution of Wild Life Advisory Board.10-

(1) The State Government, or in the case of a Union territory, the Administrator, shall, as
soon as may be after the commencement of this Act, constitute a Wild Life Advisory Board
consisting of the following members namely :-

(a) the Minister in charge of forests in the State or Union territory, or, if there is no such
Minister, the Chief Secretary to the Government, or, as the case may be, the Chief Secretary
to the Government of the Union territory, who shall be the Chairman;

(b) two members of the State Legislature or, in the case of a Union territory having a
Legislature, two members of the Legislature of the Union territory, as the case may be;

(c) Secretary to the State Government, or the Government of the Union territory, in charge of
forests;

1[(d) the Forest officer in charge of the State Forest Department by whatever designation
called, ex officio;]

(e) an officer to be nominated by the Director;

(f) Chief Wild Life Warden, ex officio;

10
Section 6 Wildlife Protection Act, 1972

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 '[(g) officers of the State Government not exceeding five;

(h) such other persons, not exceeding ten, who, in the opinion of the State Government, are
interested in the protection of wild life, including the representatives of tribals not exceeding
three.] 2[(1A) The State Government may appoint a Vice-Chairman of the Board from
amongst the members referred to in clauses (b) and (h) of sub-section (1)].

(2) The State Government shall appoint 1[the Forest Officer in charge of the State Forest
Department].

(3) The term of office of the members of the Board referred to in clause (g) of subsection (1)
and the manner of filling vacancies among them shall be such as may be prescribed.

(4) The members shall be entitled to receive such allowances in respect of expenses incurred
in the performance of their duties as the State Government may prescribe.

 Procedure to be followed by the Board.- 11

(1) The Board shall meet at least twice a year at such place as the State Government may
direct.

(2) The Board shall regulate its own procedure (including the quorum).

(3) No act or proceeding of the Board shall be invalid merely by reason of the existence of
any vacancy therein or any defect in the constitution thereof or any irregularity in the
procedure of the Board not affecting the merits of the case.

 Duties of Wild Life Advisory Board.-12

It shall be the duty of the Wild Life Advisory Board to advise the State Government,-

(a) in the selection of areas to be declared as sanctuaries, National Parks 1[***] and
closed areas and the administration thereof;

2[(b) in formulation of the policy for protection and conservation of the wild life and
specified plants;]

11
Section 7 wildlife protection act,1972
12
Section 8 Wildlife Protection Act, 1972

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(c) in any matter relating to the amendment of any Schedule; 3[* * *] 4[(cc) in relation to
the measures to be taken for harmonising the needs of the tribals and other dwellers of the
forest with the protection and conservation of wild life; and]

(d) in any other matter connected with the protection of wild life which may be referred to
it by the State Government.

10
 2. PROTECTED AREAS
Sanctuary

The State Government may by notifi cation declare its intention to constitute any area as a
sanctuary for protecting wildlife and the environment 13. The State Government will then
appoint an Offi cer to act as the Collector within 30 days of issue of the notifi cation, to
determine the nature and extent of rights of persons in or over the land within the sanctuary
(Section 18B). The process of settlement of rights involves the following:

• An enquiry into the existence, nature and extent of the rights of any person in or over the
land, comprised within the limits of the sanctuary.14

• No right can be acquired after this notifi cation in or over the land within the limits specifi
ed, except by ordinary procedures of succession and will (Section 20).

• After the notifi cation, the Collector shall, within a period of 60 days, publish in the regional
language, in every town or village, or in the neighborhood of the sanctuary a proclamation
which specifi es15:

1. The situation and the limits of the sanctuary.

2. The requirement of any person claiming a right, to prefer before the collector within 2
months from the date of such proclamation, with a written claim specifying the nature and
extent of such a right with details, and the amount and particulars of compensation claimed.

• The Collector shall inquire into any claim referred before him or existence of any right not
claimed, on the basis of records of the State Government and the evidence of any person
acquainted with the same16.

• The Collector then shall pass an order admitting or rejecting the claim. If the claim is
admitted the collector may 17

1. Exclude such land from the limits of the proposed sanctuary.

13
Section 18, , Wildlife and protection act,1972
14
Section19, Wildlife and protection act,1972
15
Section21, Wildlife and protection act,1972
16
Section22, Wildlife and protection act,1972
17
Section24, Wildlife and protection act,1972

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2. Acquire such land or rights except where the owner has agreed to surrender his rights to
the Government on payment of such compensation as is provided for in the Land Acquisition
Act, 1984. 3. Allow the continuance of any right in consultation with the Chief Wild Life
Warden (CWLW). The sanctuary may be fi nally notifi ed once the above process is fi
nished. All provisions of the Act including restrictions and prohibitions of various activities,
will then apply. Till the settlement process is fi nished, the State Government is to make
alternative arrangements for fuel, fodder and other forest produce to the people affected 18.

The Act provides exemption from the settlement of rights process, to two kinds of areas:
reserve forest and territorial waters. In the former, the assumption is that the process of
declaring reserved forest under the Forest Act 1927 would have gone through a similar
settlement process. In the latter, the State Government has to take adequate measures to
protect the occupational interests of local fi sherman; also the right of innocent passage of
any vessel is not affected (Section 26A). 19Prior concurrence of the Central Government has
to be obtained by the State Government when any part of territorial waters is to be included
in a protected area, and their limits are to be decided in consultation with the Chief Naval
Hydrographer of the Central Government (Section 26A).

No person can enter or reside in a sanctuary, other than

(i) a public servant on duty,

(ii) a person permitted by the CWLW,
(iii) a person who has right over immovable property within the sanctuary and the
dependents of such persons, or
(iv) a person passing through the sanctuary along a public highway20 (Section 27)

The CWLW can permit entry and residence in a sanctuary for investigation or study of
wildlife, photography, scientifi c research, tourism, transaction of business with any person
residing in the sanctuary 21. No person can enter a sanctuary with any weapon except with the
previous permission of the CWLW22. No person can set fi re in a sanctuary or use any
23
chemicals, explosives or other substances which may cause any injury to wildlife . No
person shall destroy or remove any wildlife or produce or damage the habitat of any wild
18
Section 18A, Wildlife and protection act,1972
19
Section26, Wildlife and protection act,1972
20
SECTION 27, Wildlife and protection act,1972
21
Section28, Wildlife and protection act,1972
22
Section31, Wildlife and protection act,1972
23
Section30 and 32, Wildlife and protection act,1972

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animal or divert stock or enhance the fl ow of water into or outside the sanctuary except with
a permit granted by the CWLW. The State Government, in consultation with the State
Wildlife Advisory Board has to determine that such a permit is necessary for the better
management of wildlife. If any forest produce is removed for this purpose, it will go to local
communities for their bonafi de use and provided it is not for commercial purposes . 24The
State Government is to set up an Advisory Committee for each sanctuary, which can render
advice to the State Government for better conservation and management of the sanctuary.
This will consist of the CWLW or his nominee (not below the rank of Conservator of Forests)
as its head, a member of the State Legislature within whose constituency the sanctuary is
located, 3 representative from Panchayati Raj Institutions, 2 representatives of NGOs, 3
individuals acting in the fi eld of wildlife conservation, one representative each from
Departments dealing with Home and Veterinary matters, the Honorary Wildlife Warden, and
the offi cer in charge of the sanctuary as a member secretary.25

National Parks

The State Government may declare an area, whether inside a sanctuary or not, as a national
park for the purpose of protecting and developing wildlife and its environment (Section 35).
With regard to settlement of rights, the same procedure as a sanctuary will be followed,
except in such a case where a claim is admitted, the collector cannot allow the continuance of
any right and will necessarily have to extinguish all rights {Section 35(3)}. The State
Government cannot alter the boundaries of a national park except on the recommendation of
the National Board for Wildlife {Section 35(5)}. No grazing is allowed inside a national park
{Section 35(7)}. All provisions applicable to a sanctuary are also applicable to a national
park {Section 35(8)}. 26

Conservation Reserves

The State Government after consultations with local communities can declare any area owned
by the Government, particularly areas adjacent to national parks or sanctuaries, as
conservation reserves (Section 36A). The State Government then has to constitute a
Conservation Reserve Management Committee to advise the CWLW to manage and conserve

24
Section29, Wildlife and protection act,1972
25
Section33B, Wildlife and protection act,1972
26
Francis Stolla, Wildlife Management Areas: A Legal Analysis, TNRF Occasional Paper No. 5, March 2005 pg5
ibid

13
the conservation reserve. It will consist of a representative of the Forest or Wildlife
Department, 1 representative of each Village Panchayat in whose jurisdiction the reserve is
located, 3 representatives of NGOs working in the fi eld of wildlife conservation, and 1
representative each from the Department of Agriculture and Animal Husbandry (Section
36B). 27

Community Reserves

The State Government can, where the community or an individual has volunteered 7 to
conserve wildlife, declare any private or community land2 as community reserve. A
Community Reserve Management Committee shall be constituted by State Government for
conserving and managing the reserve. It will have the power to prepare and implement
management plans. The committee will consist of 5 representatives nominated by the Village
Panchayat, and where a Panchayat does not exist, by the members of the Gram Sabha. It will
also include one representative of the State Forests or Wildlife Department under whose
jurisdiction the community reserve falls (Section 36D). There shall be no change in the land
use pattern within a community reserve except in accordance with a resolution passed by the
Management Committee with the approval of the State Government (Section 36C).28

27
Ibid
28
ibid

14
 3. NATIONAL TIGER CONSERVATION
AUTHORITY
Project Tiger is an ongoing Centrally Sponsored Scheme of the Ministry of Environment and
Forests. The revised guidelines incorporate the additional activities for implementing the
urgent recommendations of the Tiger Task Force, constituted by the National Board for
Wildlife, chaired by the Hon’ble Prime Minister. These, interalia, also include support for
implementing the provisions of the Wild Life (Protection) Amendment Act, 2006, which has
come into force with effect from 4.09.2006.29

38L. Constitution of National Tiger Conservation Authority. - (1) The Central Government
shall constitute a body to be known as the National Tiger Conservation Authority (hereinafter
in this Chapter referred to as the Tiger Conservation Authority), to exercise the powers
conferred on, and to perform the functions assigned to it under this Act.30

The Tiger Conservation Authority shall consist of the following members, namely:- (a) the
Minister in charge of the Ministry of Environment and Forests- Chairperson; (b) the Minister
of State in the Ministry of Environment and Forests-Vice-Chairperson; (c) three members of
Parliament of whom two shall be elected by the House of the People and one by the Council
of States; (d) eight experts or professionals having prescribed qualifications and experience in
conservation of wild life and welfare of people living in tiger reserve out of which at least
two shall be from the field of tribal development; (e) Secretary, Ministry of Environment and
Forests; (f) Director General of Forests and Special Secretary, Ministry of Environment and
Forests; (g) Director, Wild Life Preservation, Ministry of Environment and Forests; (h) six
Chief Wild Life Wardens from the tiger reserve States in rotation for three years; (i) an
officer not below the rank of Joint Secretary and Legislative Counsel from the Ministry of
Law and Justice; (j) Secretary, Ministry of Tribal Affairs; (k) Secretary, Ministry of Social
Justice and Empowerment; (l) Chairperson, National Commission for the Scheduled Tribes;
(m) Chairperson, National Commission for the Scheduled Castes; (n) Secretary, Ministry of
Panchayati Raj; (o) Inspector-General of Forests or an officer of the equivalent rank having at

29
National Tiger Conservation Authority Ministry of Environment & Forests Government of India, REVISED
GUIDELINES FOR THE ONGOING CENTRALLY SPONSORED SCHEME OF PROJECT TIGER available at:
http://www.indiaenvironmentportal.org.in/files/revised_guidelines_css_pt.pdf (Last visited on 22 nd November,
2017)
30
ibid

15
least ten years experience in a tiger reserve or wildlife management, who shall be the
Member-Secretary, to be notified by the Central Government, in the Official Gazette.31

38N. Officers and employees of Tiger Conservation Authority. - (1) The Tiger Conservation
Authority may, with the previous sanction of the Central Government, appoint such other
officers and employees as it considers necessary for the efficient discharge of its functions
under this Act: Provided that the officers and employees holding office under the Directorate
of Project Tiger and dealing with Project Tiger immediately before the date of constitution of
the Tiger Conservation Authority shall continue to hold office in the said Authority by the
same tenure and upon the same terms and conditions of service or until the expiry of the
period of six months from that date if such employee opts not to be the employee of that
Authority. (2) The terms and conditions of service of the officers and other employees of the
Tiger Conservation Authority shall be such as may be prescribed.32

38O. Powers and functions of Tiger Conservation Authority. 33- (1) The Tiger Conservation
Authority shall have the following powers and perform the following functions, namely:-

(a) to approve the Tiger Conservation Plan prepared by the State Government under sub-
section (3) of section 38V of this Act;

(b) evaluate and assess various aspects of sustainable ecology and disallow any ecologically
unsustainable land use such as, mining, industry and other projects within the tiger reserves;
(c) lay down normative standards for tourism activities and guidelines for project tiger from
time to time for tiger conservation in the buffer and core area of tiger reserves and ensure
their due compliance;

(d) provide for management focus and measures for addressing conflicts of men and wild
animals and to emphasise on co-existence in forest areas outside the National Parks,
sanctuaries or tiger reserve, in the working plan code;

31
ibid
32
conservation and protection of tigers in tiger reserves Report No.18 of 2006 available at:
http://www.cag.gov.in/sites/default/files/old_reports/union/union_performance/2005_2006/Civil_
%20Performance_Audits/Report_no_18/tiger_reserves.pdf
33
Revised guidelines for the ongoing centrally sponsored scheme of project tiger, National Tiger Conservation
Authority Ministry of Environment & Forests Government of India, FEBRUARY, 2008 available at:
http://www.indiaenvironmentportal.org.in/files/revised_guidelines_css_pt.pdf

16
(e) provide information on protection measures including future conservation plan, estimation
of population of tiger and its natural prey species, status of habitats, disease surveillance,
mortality survey, patrolling, reports on untoward happenings and such other management
aspects as it may deem fit including future plan conservation;

(f) approve, coordinate research and monitoring on tiger, co-predators, prey, habitat, related
ecological and socioeconomic parameters and their evaluation;

(g) ensure that the tiger reserves and areas linking one protected area or tiger reserve with
another protected area or tiger reserve are not diverted for ecologically unsustainable uses,
except in public interest and with the approval of the National Board for Wild Life and on the
advice of the Tiger Conservation Authority;

(h) facilitate and support the tiger reserve management in the State for biodiversity
conservation initiatives through eco development and people's participation as per approved
management plans and to support similar initiatives in adjoining areas consistent with the
Central and State laws; (i) ensure critical support including scientific, information technology
and legal support for better implementation of the tiger conservation plan;

(j) facilitate ongoing capacity building programme for skill development of officers and staff
of tiger reserves; and (k) perform such other functions as may be necessary to carry out the
purposes of this Act with regard to conservation of tigers and their habitat.

17
 5. CASE LAWS
R. Simon vs. Union of India34

Facts: The petitioner who was the manufacturer of coats, caps, gloves blankets and snake skin
items like bags, shoes and brief cases challenged 1991 Amendment which prohibited trade in
animal articles. It was contended that the said Act is colourable legislation as it indirectly
takes away fundamental right to carry on any trade or business under Art. 19(1)(g), which
cannot be done directly. Further certain wild animals are harmful and serve no useful
purpose. While rejecting the contentions the Delhi High Court held that every animal is
important in maintaining ecological balance and it is the duty of every Indian citizen to
protect and improve the wildlife in the country. Further, no fundamental right is absolute and
the same can be restricted in public interest. Wildlife protection is very much in public
interest. Hence the 1991 Amendment is constitutional. Similar decision has been given in
Ivory Traders and Manufacturers Association vs. Union of India .
Indian Handicrafts Emporium vs. Union of India Facts: In this case the petitioner had
challenged the constitutional validity of 1991 Amendment, which prohibited trade in
imported ivory. The Supreme Court upheld the constitutional validity of this amendment
under Art.19 (6). The Court observed that a trade, which is dangerous to ecology, may be
regulated or totally prohibited. Balancing the social interest and the fundamental rights, a
total prohibition is reasonable.

Babran Kumawat vs. Union of India35

Facts: The petitioner was the manufacturer of Mammoth ivory. Mammoth animal had already
disappeared in Alaska and Siberia due to climatic conditions. The question was can it be
considered as an imported ivory under the 1991 Amendment Act. The Supreme Court held
that 1991 Amendment prohibits trade of ivory of every description. It may be an elephant
ivory or mammoth ivory. Hence, the petitioner cannot carry on the trade in mammoth ivory.

Pradeep Krishen vs. Union of India36

Facts: The petitioner challenged the order of M.P. government by which permission was
given to the villagers living near the sanctuaries and national parks to collect tendu leaves
34
AIR 1997 Delhi 301, 1997 (41) DRJ 604, (1997) 117 PLR 66
35
https://indiankanoon.org/doc/53127/
36
https://indiankanoon.org/doc/1064549/

18
through contractors. In state of M.P. 11 areas have been declared as sanctuaries and national
parks covering around 12.4% of total forest cover in M.P. The petitioner contended that a
number of trees in these areas have been destroyed due to the entry of villagers. The Supreme
Court directed the Madhya Pradesh government to take urgent steps to prohibit entry of
villager and tribals in national parks and sanctuaries.

Tarun Bharat Sangh, Alwar vs. Union of India37

Facts: The petitioner Organization challenged the grant of 215 mining licenses in the area
declared as Tiger Reserve in Alwar district of Rajasthan. The Supreme Court cancelled all the
licenses as they were given in the tiger reserve area.

4. CONCLUSION

37
AIR 1992 SC 514, 1992 Supp (2) SCC 448

19
Inspite of numerous protected areas in India, the wildlife is facing many problems in terms of
survival by way of habitat loss, human invasion of inviolate spaces and developmental related
activities obstructing the natural corridors of migrating animals. In India, there is no
particular definition for a protected area; any area that is considered by the central
government or state government to be important for conservation is designated a status under
the Wild Life (Protection) Act, 1972 and is then legally considered a protected area. Until
2002, the WLPA only had two main types of protected areas, National parks and wildlife
sanctuaries.

A further amendment in 2006 added another category called the tiger reserve. Wildlife is well
protected within these Protected Areas (PAs) by the umbrella Wild Life (Protection) Act,
1972 and the respective wildlife laws of the State governments. The scheduled Species of
wild fauna and flora also enjoy the protection even if they are outside the PAs. The
Environment (Protection) Act, 1986 and the Biodiversity Act, 2002 aid in overall protection
of the environment and conservation of biodiversity respectively. With all these laws in hand,
wildlife management is difficult even in PAs because of pressures of grazing of livestock,
encroachments, poaching, extraction of Non Timber Forest Produce (NTFP), and religious
gatherings by local people. Outside the PAs the situation is alarming, since most of the wild
populations like spotted deer, Chinkara, black buck, Indian hare, wild boar venture out of
forests are falling prey to local people or poachers. Leopard, tiger, sloth bear, wolf, jackal,
hyena etc. are also persecuted because people feel they have to kill them to protect
themselves. To protect the wildlife outside PAs, the Governments should undertake measures
which would be beneficial to wildlife and people

20
 BIBLIOGRAPHY
BOOKS:

1. Wild Life (Protection) Act, 1972 (Lawmann's)

2. T.R. Baalu, Wildlife Protection Act 1972 as Amendments

WEBSITES

1. http://www.wbbb.nic.in/Legislations/rules/The%20Wildlife%20(Protection)%20Act,
%201972.pdf
2. http://envfor.nic.in/sites/default/files/GUIDELINES%20FOR%20ONLINE
%20SUBMISSION%20-%20WILDLIFE%20CLEARANCE%20WITHIN
%20PROTECTED%20AREAS.pdf
3. http://lawmin.nic.in/ld/P-ACT/1972/The%20Wild%20Life%20(Protection)%20Act,
%201972.pdf
4. http://awsassets.wwfindia.org/downloads/conserving_protected_areas_and_wildlife_1
.pdf

21