Environmental Law Assignment

Topic-: Wild Life Protection Act, 1972:

Submitted By
MOHAMMAD ZIYA ANSARI
BALLB (HONS)
SEMESTER-VIII
ENROLLMENT NO- GI- 6492
FACULTY NO- 17BALLB-072
2nd GCT ASSIGNMENT
Submitted To
Dr. Mohib Anwar Sir
Professor, Faculty of Law
Aligarh Muslim University
ALIGARH-202002 (INDIA)
2020-21

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 SYNOPSIS

1- INTRODUCTION.

2- DEFINING WILD LIFE PROTECTION ACT, 1872.

3- HISTORY OF WILDLIFE PROTECTION LEGISLATION IN INDIA.

4- NEED FOR THE WILDLIFE PROTECTION ACT.

5- SALIENT FEATURE OF WILD LIFE PROTECTION ACT.

6- PROTECTED AREAS UNDER THE WILDLIFE PROTECTION

ACT.

7- JUDICIAL RESPONSE.

8- CONCLUSION.

9- BIBLIOGRAPHY.

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 ACKNOWLEDGEMENT

I WOULD LIKE TO EXPRESS A DEEP SENSE OF

THANKS & GRATITUDE TO MY PROJECT GUDIE Dr MOHIB ANWAR

SIR FOR GUIDING ME IMMENSELY
THROUGH THE COURSE OF THE PROJECT.

I ALSO THANKS TO MY SENIORS FOR THEIR MOTIVATION &

SUPPORT. I MUST THANKS TO MY CLASSMATES FOR THEIR
TIMELY HELP & SUPPORT FOR COMPLETION OF THIS PROJECT.

LAST BUT NOT THE LEAST, I WOULD LIKE TO THANKS TO ALL

THOSE WHO HELPED ME DIRECTLY OR INDIRECTLY TOWARDS
THE COMPLETION OF THIS PROJECT.

THANKING YOU
MOHAMMAD ZIYA ANSARI
BALLB-4th Year GI-6492
17BALLB-72

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1-INTRODUCTION: -

Wild life implies the plants, creatures, and creepy crawlies and so forth, which are typically
found in forests. In India, quite a while ago an endeavor was made to save untamed life via
ordering Indian Timberland Act, 1927. It accommodated chasing limitations in secured and held
woodlands. Prior to that additionally to ensure wild birds, the Britishers had ordered Wild Birds
Security Act, 1887. Workmanship. 51-A (g) of Indian Constitution forces a principal obligation
on each Indian resident to secure and improve untamed life in the country. India is wealthy in its
natural life. As indicated by Valmik Thapar, in 1997, there were 13,000 types of blossoming
plants and 65,000 types of fauna including fish, birds and well evolved creatures in India.

Numerous individuals are under the feeling that India doesn't have solid wild life preservation
laws. In actuality, we have probably the most severe enactments to secure natural life and living
spaces. It is basic that all progressives acclimate themselves with these laws, so they can
contribute viably. It is likewise indispensable to comprehend which establishments control land
in India before any protection intercessions can be endeavored in any scene. The legitimate
status of the land should initially be discovered so one can draw in with the right specialists or
organizations.

In 1972, the Indian Parliament passed the Wildlife (Protection) Act, which ensures the safety and
protection of the country's wildlife (flora and fauna).

2- WILDLIFE PROTECTION ACT, 1972: -

In order to ensure environmental and ecological stability, this Act protects the country's wild
animals, birds, and plant species. The Act, among other items, prohibits the hunting of many
animal species. The last time the Act was changed was in 2006. In 2013, the Rajya Sabha
introduced an amendment bill that was referred to a Standing Committee, but it was withdrawn
in 2015.

The Wildlife (Protection) Act (WLPA), 1972 is an important statute that provides a powerful
legal framework for:

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 • Prohibition of hunting
• Protection and management of wildlife habitats
• Establishment of protected areas
• Regulation and control of trade in parts and products derived from wildlife
• Management of zoos.
The WLPA provides for several categories of Protected Areas/Reserves:

• National Parks
• Wildlife Sanctuaries
• Tiger Reserves
• Conservation Reserves
• Community Reserves

The Wildlife Act's Constitutional Provisions

• Article 48A of India's Constitution mandates that the government preserve and develop
the environment, as well as protect wildlife and forests. The 42nd Amendment to the
Constitution was ratified in 1976, and this clause was added to it.
• Article 51A imposes certain basic responsibilities on the Indian people. One of them is to
care for and protect the natural world, which includes forests, lakes, rivers, and animals,
as well as to show respect for all living things.

National parks and Tiger Reserves are by law all the more stringently secured, permitting for all
intents and purposes no human action with the exception of that which is in light of a legitimate
concern for untamed life protection. Brushing and private tenurial rights are denied in Public
Stops however can be permitted in safe-havens at the carefulness of the Central Natural life
Superintendent. The altered WLPA doesn't take into account any business abuse of forests
produces in both National parks and Wild life sanctuaries, and nearby networks can gather
forests produce just for their real necessities.

No wild mammal, bird, land and water proficient, reptile, fish, scavenger, creepy crawlies, or
coelenterates recorded in four Timetables of the WLPA can be pursued either inside or outside
ensured territories. On conviction, the punishment for chasing is detainment for a period going
from at least three to a limit of seven years with fines at least 10,000 rupees.
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3- HISTORY OF WILDLIFE PROTECTION LEGISLATION IN INDIA: -

In India, there is a long history of wildlife conservation legislation.

• The Wild Birds Protection Act, 1887, was the first such legislation passed by the British
Indian Government in 1887. The legislation was intended to make it illegal to own and
sell such wild birds that had been killed or caught during a breeding session.
• A second amendment, the Wild Birds and Animals Protection Act, was passed in 1912.
The Wild Birds and Animals Protection (Amendment) Act 1935 was passed in 1935, and
this was revised.
• Wildlife security was not a concern during the British Raj. The problem of wildlife
conservation and the avoidance of the extinction of such animals was only brought up in
1960.

Poaching and the trade in animal products have put India's biodiversity in jeopardy in recent
years. On the request of eleven nations, the Indian parliament passed the Wild Life (Protection)
Act, 1972 to protect the country's wildlife. Some wild animals and birds had already become
extinct, while others were on the verge of extinction, necessitating the Act. Furthermore, current
state law was deemed insufficient to protect the country's wildlife at the time. The Act
establishes Wildlife Advisory Boards and the hiring of wildlife wardens and other personnel to
carry out the Act's provisions. In a few states, the Chief Wild Life Warden and the Chief
Conservator of Forests are combined into one role. Hunting of animals listed in Schedules I, II,
III, and IV is prohibited by the Act. The state government may designate any area of sufficient
ecological, faunal, floral, natural, or zoological significance as a sanctuary or national park under
the Act. Public access is limited in all national parks and sanctuaries, and the destruction of any
wildlife or habitat is forbidden.

4- NEED FOR THE WILDLIFE PROTECTION ACT: -

Wildlife is a part of "forests," which was a state issue until 1972, when Parliament passed this
legislation. It's now Concurrent List. The following are some of the reasons for a national
environmental law, especially in the area of wildlife:

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 • India is home to a diverse range of flora and fauna. Many organisms were experiencing
rapid population declines. For example, Edward Pritchard Gee (a naturalist) stated that
India had close to 40000 tigers at the turn of the twentieth century. However, according
to a census taken in 1972, this figure had dropped to about 1827.
• A significant reduction in flora and fauna will result in ecological imbalance, which has
ramifications for many aspects of climate and environment.
• The Wild Birds and Animals Protection Act of 1935 was the most recent act passed
during the British period in this regard. This needed to be improved because the penalties
meted out to poachers and traders of wildlife products were out of proportion to the large
financial rewards they received.
• Prior to the enactment of this Act, India had only five national parks.

5- SALIENT FEATURES OF WILDLIFE PROTECTION ACT: -

• This Act establishes a network of ecologically significant protected areas in the country,
as well as the conservation of a number of listed species of animals, birds, and plants.
• The Act establishes wildlife advisory boards and wildlife wardens, as well as their
powers and responsibilities.
• It assisted India in joining the Convention on International Trade in Endangered Species
of Wild Fauna and Flora (CITES) (CITES).
a) The Convention on International Trade in Endangered Species (CITES) is a multilateral
treaty aimed at protecting endangered animals and plants.
b) It was accepted as a result of a conference of IUCN members and is also recognized as
the Washington Convention.

• For the first time, a comprehensive list of the endangered wildlife of the country was
prepared.

• The Act prohibited the hunting of endangered species.

• Scheduled animals are prohibited from being traded as per the Act’s provisions.

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 • The Act provides for licenses for the sale, transfer, and possession of some wildlife species.

• It provides for the establishment of wildlife sanctuaries, national parks, etc.

• Its provisions paved the way for the formation of the Central Zoo Authority. This is the
central body responsible for the oversight of zoos in India. It was established in 1992.

• The Act created six schedules which gave varying degrees of protection to classes of flora
and fauna.

o Schedule I and Schedule II (Part II) get absolute protection, and offences under
these schedules attract the maximum penalties.

o The schedules also include species that may be hunted.

• Under the provisions of this Act, the National Board for Wildlife was established as a
statutory body.

• This is an advisory board that advises India's central government on wildlife conservation
issues.

• It also serves as the apex body for reviewing and approving all matters concerning
biodiversity, national park projects, and sanctuaries, among other things.

• The Board's primary goal is to encourage wildlife and forest protection and growth.

• The Prime Minister serves as its chairman.

• The National Tiger Conservation Authority was also formed under the Act.

a) It is a legislative body under the Ministry of Environment, Forestry, and Climate Change
that has overall supervisory and coordination responsibilities and performs the functions
set out in the Act.

b) Its mission is to improve India's tiger conservation efforts.

c) It gives legal authority to Project Tiger, which was founded in 1973 and has ensured the
survival of the endangered tiger by saving it from extinction.

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6- PROTECTED AREAS UNDER THE WILDLIFE PROTECTION ACT: -

According to the Act, there are five different forms of protected areas. They are listed in the
following paragraphs.

1. Sanctuaries: “A sanctuary is a safe haven where wounded, neglected, or exploited animals can
survive in harmony in their natural habitat without human intervention.”

a) They are naturally occurring areas that shield endangered species from poaching, hunting,
and predation.
b) Animals are not bred for commercial purposes here.
c) Any disturbances to the species are prohibited.
d) Within the sanctuaries, animals should not be caught or killed.
e) The state government declares a wildlife sanctuary via a Notification. A Resolution of the
State Legislature will change the boundaries.
f) Human activities such as timber harvesting, minor forest product collection, and private
ownership rights are allowed as long as they do not harm the animals. Only a limited
amount of human activity is allowed.
g) They are free and open to the public. People, on the other hand, are not permitted to travel
alone. Within the sanctuary's boundaries, there are limitations on who may access and/or
stay. Only public servants (and their families), people who own immovable property
within, and so on are allowed.
h) The boundaries of sanctuaries are not always well defined.
i) Within, biologists and researchers are allowed to study the environment and its inhabitants.
j) The Chief Wildlife Warden (who has the authority to administer, manage, and preserve all
sanctuaries) may grant entry or residence permission to persons for the study of wildlife,
scientific research, photography, the transaction of any lawful business with those residing
within, and tourism.
k) The status of sanctuaries can be elevated to that of a "National Park."
l) Examples: -Indian Wild Ass Sanctuary in Gujarat's Rann of Kutch; Tamil Nadu's
Vedanthangal Bird Sanctuary (India's oldest bird sanctuary); Dandeli Wildlife
Sanctuary.

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2- National Parks: “National Parks are the areas that are set by the government to conserve the
natural environment.”

a) In comparison to a wildlife sanctuary, a national park has more limits.

b) The state government may declare national parks by issuing a Notification. A national
park's boundaries cannot be changed until the State Legislature passes a bill to do so.
c) A national park's primary goal is to protect the area's natural environment and conserve
biodiversity.
d) National parks preserve the landscape, fauna, and flora in their natural state.
e) Their borders are set in stone and are well-defined.
f) No human activity is permitted here.
g) Here, cattle grazing and private tenurial rights are prohibited.
h) It is illegal to hunt or catch any of the species included in the Schedules of the Wildlife
Act.
i) No one shall kill, evict, or exploit any wildlife from a National Park, nor shall anyone
destroy or harm any wild animal's habitat, or deprive any wild animal of its habitat within
a national park.
j) They cannot be downgraded to a ‘sanctuary' status.
k) Examples: Bandipore National Park in Karnataka; Hemis National Park in Jammu
& Kashmir; Kaziranga National Park in Assam.

3. Conservation Reserves: After consulting with local communities, the state government can
designate an area (particularly those adjacent to sanctuaries or parks) as a conservation reserve.

4. Community Reserves: After consulting with the local community or a person who has
volunteered to protect wildlife, the State government can designate any private or community
property as a community reserve.

5. Tiger Reserves: In India, these areas are set aside for the conservation and protection of tigers.
The National Tiger Conservation Authority recommended that they be declared.

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In both wildlife sanctuaries and national parks, the amended Wildlife Act prohibits commercial
harvesting of forest produce, and local communities are only permitted to harvest forest produce
for legitimate purposes.

7- JUDICIAL RESPONSE: -

The judiciary was called upon to decide important issues pertaining to protection of wild life. Let
us analyze the judicial response from the following cases:

a- R. Simon vs. Union of India:

Facts: The complainant, a manufacturer of hats, caps, gloves, blankets, and snake skin objects
such as bags, shoes, and briefcases, challenged the 1991 Amendment, which made it illegal to
trade in animal products. It was argued that the said Act is colorable legislation because it takes
away a constitutional right to engage in any trade or enterprise under Art. 19(1)(g) in an indirect
manner, which cannot be done directly. Furthermore, certain wild animals are dangerous and
serve no reason. The Delhi High Court, in rejecting the arguments, stated that every animal plays
an important role in preserving ecological balance, and that it is the responsibility of every Indian
citizen to protect and develop the country's wildlife. 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.

Union of India vs. Indian Handicrafts Emporium Information: In this case, the complainant
questioned the constitutionality of the 1991 Amendment, which outlawed the importation of
ivory. The Supreme Court affirmed the amendment's constitutional validity under Art. 19 of the
Constitution (6). The Court stated that a trade that is harmful to the environment may be
restricted or outright prohibited. A complete prohibition is fair when balancing the social interest
and fundamental rights.

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b- Babran Kumawat vs. Union of India:

Facts: The applicant was a Mammoth ivory maker. Due to climatic conditions, mammoth
animals had already vanished in Alaska and Siberia. Is it possible to classify it as imported ivory
under the 1991 Amendment Act? The Supreme Court ruled that the 1991 Amendment bans all
forms of ivory trade. It may be ivory from an elephant or a mammoth. As a result, the
complainant is unable to continue trading in mammoth ivory.

c- Pradeep Krishen vs. Union of India:

Facts: The petitioner challenged the state of Madhya Pradesh's order allowing villagers living
near sanctuaries and national parks to collect tendu leaves through contractors. 11 areas in M.P.
have been designated as sanctuaries and national parks, covering about 12.4 percent of the state's
total land cover. According to the complainant, villagers' intrusion into these areas has resulted
in the destruction of a number of trees. The Supreme Court has ordered the Madhya Pradesh
government to take immediate action to prevent villager and tribal from entering national parks
and sanctuaries.

d- Tarun Bharat Sangh, Alwar vs. Union of India:

Facts: The petitioner organization challenged the granting of 215 mining licenses in a Tiger
Reserve in Rajasthan's Alwar district. Both licenses issued in the tiger reserve region were
revoked by the Supreme Court.

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8- CONCLUSION: -

Our country's legislature and judiciary are also mindful of the importance of wild life. The
survival of wild life has been jeopardized as forest cover continues to dwindle. We must continue
to do our utmost to protect the natural world. Salman Khan's recent conviction by a Jodhpur
court for killing a black bug has sent a strong message about the lower judiciary's commitment to
the conservation of wild life in our country, and it has also showed the country the nobody is
above the law.

9- BILIOGRAPHY: -

1- Praveen Bhargav, Legal Framework for Wildlife Conservation in

India, https://www.conservationindia.org/resources/the-legal-
framework-for-wildlife-conservation-in-india-

2- Prof. Vijay Oak, Wild life Protection: Legislative and Judicial

Response, http://www.legalserviceindia.com/articles/wild.htm

3- https://byjus.com/free-ias-prep/wildlife-protection-act-1972/

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