WILDLIFE (PROTECTION)

ACT, 1972

HISTORICAL BACKGROUND

1. India is the first nation in the world to have made provisions for environmental
protection in the constitution. On 5th June 1972, the topic of environment was first dis-
cussed as an issue on U.N. Conference of Human Environment in Stockholm and
thereafter 5th June is celebrated as World Environment Day.
2. Soon after various acts were passed such as Wildlife (Protection) Act 1972, Water
(Prevention and Control of Pollution ) Act 1974 , Forest (Conservation) Act 1980, Air
(Prevention and Control of Pollution ) Act 1981 and subsequently Environment(Protec-
tion) Act 1986.
3. Forest and Wildlife comes in Concurrent list in 7th Schedule of Constitution.
4. Article 48A which is Directive Principle of State Policy provides- “The state shall
endeavour to protect and improve the environment and to safeguard forest and
wildlife of the country .”

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 5. Article 51A(g) which is Fundamental Duty provides - “It shall be duty of every
citizen of India to protect and improve the natural environment including forests,
lakes , rivers, and wildlife and to have compassion for living creatures.”

INTRODUCTION

1. The Wildlife (Protection) Act is hallmark in the history of wildlife protection in

India.
2. Forest and Wildlife comes in Concurrent subject and both Parliament and State
legislative assemblies can legislate on this subject.
3. In 1972, these two subjects were in State List and so Parliament legislated the act
under Article 312 where Rajya Sabha passes resolution to give Parliament the power to
legislate on State subjects. By 42nd amendment, these two subjects were transferred to
Concurrent list.
4. The act applies to all state except Jammu and Kashmir. Jammu and Kashmir has
passed a separate act on this subject.
5. The act has been amended in 1982, 1986, 1991 and 1993 and 2006.

RATIONALE FOR THE ACT

1. The rapid decline in the number of wild animals because of poaching and hunt-
ing.
2. The Wild birds and animals protection act of 1935 had become completely out-
dated.

SALIENT FEATURES

1. Hunting and trade of Wild animals was prohibited.

2. Various bodies have been created like National Board for Wildlife, National
Tiger Conservation Authority, Central Zoo Authority, Wildlife Crime Control Bureau.
3. Four types of protected areas have been created namely National Parks, Wildlife
Sanctuaries, Conservation Reserve, Community Reserve.
4. Six schedules have been created and various animals come under it. Different
schedule animals are given different level of protection. First schedule animals are
given highest level of protection.

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 NATIONAL BOARD FOR WILDLIFE

1. It is chaired by Prime Minister.

2. Wildlife Conservation Plans are made by this body.
3. Any change in the boundary of national parks is approved by this body.

NATIONAL TIGER CONSERVATION AUTHORITY

1. It is chaired by Environment Minister.

2. It approves Tiger Conservation Plans.
3. It approves new tiger reserves.
4. It approves and coordinates research and monitoring including tiger census.

WILDLIFE CRIME CONTROL BUREAU

It is investigating agency for wildlife crime in India.

CENTRAL ZOO AUTHORITY

It is the central agency for regulating the standards of zoo in the country.

NATIONAL PARK

1. National Park is hitched to the habitat of the particular animal like tiger, lion,
hangul, rhino, etc
2. The size range is 0.04 to 3162 square kilometre. Most common size is 100 to
500 square kilometre
3. Boundaries are circumscribed by legislation.
4. Except buffer zone , there is no biotic interference.
5. Tourism is permissible.
6. Research and scientific management is lacking.
7. No attention is given for gene pool conservation.
8. It can be notified by both Central and State Governments.
9. Grazing is not permissible in national parks.

WILDLIFE SANCTUARIES

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 1. This is generally species oriented (pitcher plant, Great Indian Bustard ).
2. The size range is 0.61 to 7818 square kilometres. Most common size is 100 to 500
square kilometres.
3. Boundaries are not sacrosanct.
4. There is limited biotic interference.
5. Tourism is possible.
6. Research and scientific management is lacking.
7. No attention is given to gene pool conservation.
8. It can be notified by both Central and State Governments.

BIOSPHERE RESERVES

1. Biosphere reserves considers the whole ecosystem.

2. Size range is over 5670 km square.
3. Boundaries are circumscribed by legislation.
4. Except buffer zone, there is no biotic interference.
5. Tourism is normally not possible.
6. Research and scientific management is available.
7. Attention is given to gene pool conservation.
8. It is not covered under Wildlife Protection Act.

CONSERVATION RESERVE

1. It is created around already existing national park or wildlife sanctuaries.

2. Local community is consulted before its formation.
3. It is formed on Government owned land.

COMMUNITY RESERVE

1.It is formed on community and private land.

2. Community Management Committee is formed to administer the community re-
serve.

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 3. Ownership of land is not changed after its formation.
SCHEDULE 1

It is given highest priority in conservation. It can be killed if it has become threat to

human life . It can also be killed if it is diseased or disabled beyond recovery.It cannot be
declared vermin animal.

SCHEDULE 2 PART 1

It is given higher priority in conservation than schedule 3 and 4 animals. It can be

killed if it has become threat to human life or property . It can also be killed if it is dis-
eased or disabled beyond recovery.It can be declared vermin.

SCHEDULE 2 PART 2

It is given higher priority in conservation than schedule 3 and 4 animals. It can be

killed if it has become threat to human life or property . It can also be killed if it is dis-
eased or disabled beyond recovery.It cannot be declared vermin.

SCHEDULE 3

It is given higher priority in conservation than schedule 4 animals. It can be killed if

it has become threat to human life or property . It can also be killed if it is diseased or dis-
abled beyond recovery.It can be declared vermin.

SCHEDULE 4

It can be killed if it has become threat to human life or property . It can also be killed
if it is diseased or disabled beyond recovery.It can be declared vermin.

SCHEDULE 5

Animals in this schedule are vermin animals which can be hunted.

It includes mice, rat, common crow and flying fox.

SCHEDULE 6

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 Cultivation, Collection, Extraction , trade, etc of plants and its derivatives listed in
Schedule 6 are prohibited. It includes Red Vanda, Blue Vanda ,Kuth , Pitcher Plant, Bed-
domes Cycad, Ladies Slipper Orchid.

VERMIN ANIMALS

Section 62 of WPA,1972 allows Central Government the power to declare animals

except Schedule 1 and Schedule 2 part 2 animals to be vermin for a certain area and cer-
tain time . Those animals declared as vermin can be killed without any punishment.

LIST OF MAMALS IN SCHEDULE 1

[1. Andaman Wild pig (Sus sorofa andamanensis)] 2[1-A. Bharal (Ovisnahura)]
2[1 -B. Binturong (Arctictis Binturong)]
2. Black Buck (Antelope cervicapra) 2[2-A. •*•]
3. Brow-antlered Deer or Thamin (Cervus eldi) 3[3-A. Himalayan Brown bear (Ursus
Arctos)] 3[3-B. Capped Langur (Presbytis pileatus)] 4. Caracal (Felis caracal) [4-A.
Catecean specials]
5. Cheetah (Acinonyx jubatus)
4[5-A. Chinese Pangolin (Mainis pentadactyla)]
'[5-B. Chinkara or India Gazelle (Gazella gazella bennetti)]
6. Clouded Leopard (Neofelis nebulosa) 2[6-A. Crab-eating Macaque (Macaca irus
umbrosa)] 2[6-B. Desert Cat (Felis libyca)]
3[6-C Desert fox (Vulpes bucapus)]
7. Dugong (Dugong dugon) 2[7-A Ermine (Mustele erminea)]
8. Fishing Cat (Felis viverrina)
a[8-A Four-horned antelope (Tetraceros quadricomis)] 2[8-B. *••]
3[8-C ***]
3[8-D. Gangetic dolphin (Platanista gangetica)] 3[8-E. Gaur or Indian bison (Bos
gaurus)]
9. Golden Cat (Felis temmincki)
10. Golden Langur (Presbytis geei) 3[10-A. Giant squirrel (Ratufa macroura)]
[10-B. Himalayan Ibex (Capra ibex)]
' [10-C. Himalayan Tahr (Hemitragus jemlahicus)]

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 11. Hispid Hare (Caprolagus hispidus) 3[11-A. Hog badgar (Arconyx collaris)]
12. Hoolock (Hyloba tes hoolock)
1 Vide Notification No. FJ11012/31/76 FRY(WL), dt. 5-10-1977.
2 Vide Notification No. Fl-28/78 FRY(WL), dt. 9-9-1980.
3 Vide Notification No. S.O. 859(E), dt. 24-11-1986.
4 Vide Notification No. F] 11012/31 FRY(WL), dt. 29-8-1977.
'[12-A. •••]
2[12-B. Indian Elephant (Elephas maximus)]
13. Indian Lion (Panlhera leo persica)
14. Indian Wild Ass (Equus hemionus khur) 3[15. Indian Wolf (Canis lupas pal-
lipes)]
16. Kashmir Stag (Cervus elaphus hanglu) J[16-A Leaf Monkey (Presbytis phayrei)]
'[16-B. Leopard or Panther (Panthera pardus)]
17. Leopard Cat (Felis bengalensis)
18. Lesser or Red Panda (Ailurus fulgens)
19. Lion-tailed Macaque (Macaca silenus)
20. Loris (Loris tardigradus)
2[20-A. Little Indian Porpoise (Neomeris phocenoides)] 21. Lynx (Felix lynx isabelli-
nus)
22. Malabar Civet (Viverra megaspila) ![22-A. Malay or Sun Bear (Helarctos
malayanus)]
23. Marbled Cat (Felis marmorata)
24. Markhor (Capra falconeri) 4[24-A. Mouse Deer (Tragulus meminna)]
25. Musk Deer (Moschus moschiferus) 2[25-A. Nilgiri Lungur (Presbytis johni)] 2[25-
B. Nilgiri Tahr (Hemitragus hylocrius)]
26. Nyan or Great Tibetan Sheep (Ovis ammon hodgsoni)
27. Pallas's Cat (Felis manul)
28. Pangolin (Manis crassicaudata)
29. Pygmy Hog (Sus salvanius) '[29-A. Ratel (Mellivora capensis)]
30. Rhinoceros (Rhinoceros unicornis)
31. Rusty spotted Cat (Felis rubiginosa) [31-A. Serow (Capricornis sumatraensis)]
2[31 -B. Clawless Otter (Aonyx cinerea)] 2[31-C. Sloth Bear (Melursus ursinus)]
32. Slow Loris (Nycticebus couceang)
[32-A. Small Travencore Flying Squirrel (Petinomys fuscocapillus)]
33. Snow Leopard (Panthera uncia)
1 Vide Notification No. Fl-28/78 FRY(WL). dt. 9-9-1980.

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 2 Vide Notification No. S.O. 859(E), dt. 24-11-1986.
3 Vide Notification No. FJ11012/31/76 FRY(WL), dt. 29-8-1977.
4 Vide Notification No. FJ 11012/31/76 FRY(WL), dt. 5-10-1977.
'[33-A. Snubfin Dolphin (Oreaella brevezastris)] 34. Spotted Linsang (Prionodon
pardicolor)
35. Swamp Deer (All sub-species of Cervus d uvauceli)
36. Takin or Mishmi Takin (Budorcas taxicolor) 2[36A. Tibetan Antelope or Chiru
(Panthelops hodgsoni)] '[36B. Tibetan Fox (Vulpes ferrilatus)]
37. Tibetan Gazelle (Procapra picticaudata)
38. Tibetan Wild Ass (Equus beminus kiang)
39. Tiger (Panthera tigris)
40. Urial or Shapu (Ovis vignei)
41. Wild Buffalo (Bubalus bubalis) 2[41-A. Wild Yak (Bos grunniens)] '[41-B.
Tibetan Wolf (Canis lupus chanco)]
• [42. Wroughton's free tailed bat (Otomops wroughtoni)
43. Salim Ali's fruit bat (Latidens salimalii)]