Component-I (A) - Personal Details

Role Name Affiliation

Principal Investigator Prof. Masood Ahsan Department of
Siddiqui Geography,
Jamia Millia Islamia,
New Delhi
Paper Coordinator, if any Dr. Saleha Jamal Aligarh Muslim
University, Aligarh
Content Writer/Author (CW) Ashutosh Jaiswal Indian Forest Service,
Ministry of
Environment, Forest
and Climate change,
Government of India

Content Reviewer (CR) Dr. Saleha Jamal Department of

geography, Aligarh
Muslim University,
Aligarh
Language Editor (LE)

Component-I (B) - Description of Module

Items Description of Module

Subject Name Geography
Paper Name Environmental Geography
Module Name/Title Wild Life Protection Act (WLPA) 1972

Module Id EG-26

Pre-requisites
Objectives
Keywords Species, Habitat, Conservation, Forest, Animals,
Amendment, Article
Structure

1.1 Introduction

1.2 Wild Life Protection Act (WLPA) 1972

1.3 Necessity of Wildlife Protection Act

1.4 Salient Features of WLPA, 1972

1.5 Key Points of the WLPA 1972

1.6 Amendment in WLPA 1972

1.7 Drawbacks and Criticism of the WLPA

Objectives:

 To understand the impression of different environmental laws

 To confer familiar understanding about Wild Life Protection Act (WLPA) 1972
and its necessity
 To discuss salient features of WLPA, 1972
 To comprehend Amendment in WLPA 1972
 To examine drawbacks and criticism of the WLPA

1.1 Introduction

India is the first country in the world to have made provisions for the protection and
conservation of environment in its constitution. On 5th June 1972, environment was first
discussed as an item of international agenda in the U.N. Conference of Human Environment
in Stockholm and thereafter 5th June is celebrated all over the world as World Environment
Day. Sweden was the first country to suggest United Nations Economic and Social Council
(ECOSOC) the idea of having a UN conference to focus on human interactions with the
environment.General Assembly Resolution 2398 in 1969 decided to convene a conference in
1972 and mandated a set of reports from the UN secretary-general suggesting that the
conference focus on "stimulating and providing guidelines for action by national government
and international organizations" facing environmental issues. Soon after the Stockholm
Conference our country took substantive legislative steps for environmental protection. India
is endowed with an immense variety of natural resources in its rich animal and plant heritage.
Wildlife is one of our basic and natural resources that satisfies the needs or wants of
civilization. Therefore, this resource must be conserved, preserved and protected for the
existence of mankind. Now let us see the chronological development of wildlife protection in
India in different periods.

Environmental Laws:
The Wildlife (Protection) Act was passed in 1972,
the Water (Prevention and Control of Pollution) Act in
1974,
the Forest (Conservation) Act in 1980,
Air (Prevention and Control of Pollution) Act in 1981
the Environment (Protection) Act in 1986.

1.2 Wild Life Protection Act (WLPA) 1972

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 us specifically emphasis on
Wildlife protection, since our topic of discussion 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 Article-21, Union,
State and Concurrent list, the main Articles which specifically protects the wildlife are
Article-48(A) and Article-51(A)-(g). Article-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.
“The wildlife protection act is an act of the parliament to protect
plant and animal species that are in danger due to natural or
anthropogenic causes”.

The Wildlife Protection Act, 1972 is an Act of the parliament of India enacted for protection
of plants and animal species which provides:

 Captive breeding programme for endangered species like Lion (1972), Tiger (1973),
Crocodile (1974) and Brown antlered Deer (1981) were stated under this act.
 It extends to the whole of India except the state of Jammu and Kashmir which has its
own wildlife act.
 Protection to listed species of flora and fauna and establishes a network of
ecologically-important protected areas.
 Power to the central and state governments to declare any area a wildlife sanctuary,
national park or closed area.
 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.

The Act consists of 60 Sections and VI Schedules divided into Eight Chapters. Out of
the six schedules which give varying degree of protection:

i. Schedule I and part II of Schedule II provide absolute protection and offences, under
these prescribed the highest penalties.
ii. The penalties for Schedule III and Schedule IV are less and these animals are
protected.
 iii. Schedule-V includes the animals which may be hunted (common Crows, Fruit Bats,
Mice and Rats Only).
iv. Schedule VI contains the plants which are prohibited from cultivation and planting
some plants for example are Blue Vanda (Vanda soerulec), Kuth (Saussurealappa),
Pitcher Plant (Nepenthes Khasiana) and Red Vanda (Ranantherainschootiana).

The Wildlife Protection Act, 1972 instructs that no wild mammal, bird, amphibian,
reptile, fish, crustacean, insects, or coelenterates listed in four Schedules of the Wild Life
Protection Act can be hunted either within or outside protected areas. On conviction, the
penalty for hunting is imprisonment for a period ranging from a minimum of three to a
maximum of seven years with fines not less than 10,000 rupees.Community reserves and
conservation reserves are two new categories of protected areas that have been included
under the WLPA. These two categories provide a greater role for local communities,
stakeholders and civil society as well as the opportunity to protect many areas of conservation
value that cannot be designated under strict categories such as wildlife sanctuaries or national
parks.The statute prohibits the destruction or diversion of wildlife and its habitat by any
method unless it is for improvement or better management and this is decided by the state
government in consultation with the National and State Boards for Wildlife.

1.3 Necessity of Wildlife Protection Act

The rapid decline of India's wild animals and birds, one of the richest and most varied
wildlife resources of the country has been a cause of grave concern. Some wild animals and
birds have already become extinct in this country and the other in danger of being so. Areas
which were once teeming with wildlife have become devoid of it and even in sanctuaries and
National Parks the protection afforded to wildlife needs to be improved. The Wild Birds and
Animals Protection Act, 1935 has become completely outdated. These existing laws not only
have become outdated but also provide punishments, which are not commensurate with the
offence and financial benefits that occur from poaching and trade in wildlife produce.
Further, such laws mainly relate to control of hunting and do not emphasize the other factors
which are also the prime reasons for the decline of India's wildlife namely taxidermy and
trade in wildlife and products there from.Conservation of Wildlife is ignored in the
development era. But we should not forget that environment and development go hand in
hand. It is the duty of Government and Individuals (Citizens of India) to be responsible
towards environment and conserve wildlife. Today, efforts are being made towards wildlife
conservation in India, to preserve this natural wealth. Numerous wildlife conservation
projects have been undertaken in India, both at the government as well as the individual level,
to protect the rich wildlife of the subcontinent.

1.4 Salient Features of WLPA, 1972

The Act contains 66 Sections divided into seven chapters and six schedules. Chapter-I
(Sections 1 and 2) contains short title and definitions. Chapter-II deals with Authorities under
the Act. Chapter-III deals with the protection of Specified Plants. Chapter-IV provides for
declaration of sanctuaries, National Parks and Closed Areas. Chapter- IV-A deals with
Central Zoo Authority and Recognition of Zoos. Chapter-V deals with Trade or Commerce in
Wild Animals, Animal Articles and Trophies. Chapter-V-A deals with prohibition of Trade or
Commerce in Trophies, Animal Articles etc. Chapter-VI relates to Prevention and Detection
of offences and finally Chapter-VII contains Miscellaneous Provisions.The Wildlife
Protection Act, 1972 which we read today is a product of process which started long ago in
1887 for the protection of a few wild birds and after addition of wild animals in 1912 and
specified plants in 1991 it covered almost all the wildlife resources which need protection and
management. A few salient features of the Act are as follows:

1. The Act provides for setting up of National Parks, Wildlife Sanctuaries etc. with
provision of providing protection to some endangered plants.
2. It provides for the appointment of wildlife advisory board, wildlife warden, their
powers and duties etc.
3. Provides guidelines for framing policies and advising Central and State Government
on promotion of wildlife conservation and controlling poaching and illegal trade of
wildlife and its products.
4. Making recommendations for setting up and managing national parks, sanctuaries and
other protected areas and suggesting measures for improvement of wildlife
conservation.
5. Under the Act, comprehensive listing of endangered wildlife species was done for the
first time and prohibition of hunting of the endangered species was mentioned.
6. The rating of the Schedules I to V is in accordance with the risk of survival of the
wildlife (fauna) enlisted in them. Animals included Schedule are provided for total
protection from hunting and the trade and commerce related to such animals are
strictly regulated. The schedule VI has been added to include the specified plant
species to be protected by the Wildlife (Protection) Amendment Act of 1991.
7. An expert committee, constituted by the Indian Board of Wildlife considers
amendments to the Act, as and when necessary.
8. The Wildlife Act of 1972 as amended in 1982, 1986, 1991 and 1993 has 7 Chapters,
66 Sections and 6 Schedules. The Act with its various amendments provides the
necessary tool to prevent damage to the wildlife.
9. With the amendment of the Act in 1991, powers of the State Governments have been
withdrawn almost totally. Now the State Governments are not empowered to declare
any wild animal a vermin. Further by addition of provision, immunization of livestock
within a radius of 5 km from a National.
10. The Act imposes a ban on the trade or commerce in scheduled animals and it provide
for legal powers to officers and punishment to offenders.
11. Five kinds of protected areas can be notified in the Act and these are as follows:
Protected areas State of Notification
Sanctuaries The State or Central Government may by notification declare its
intention to constitute any area as a sanctuary for protecting wildlife
and the environment
National Parks The State or Central 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. The State
Government cannot alter the boundaries of a national park except on
the recommendation of the National Board for Wildlife. No grazing is
allowed in National Parks.
Conservation The State Government after consultations with local communities can
Reserves declare any area owned by the Government, particularly areas adjacent
to national parks or sanctuaries, as conservation reserves. The
government constitutes a Conservation Reserve Management
Committee to manage and conserve the conservation reserve.
Community The State Government can, in consultation with the community or an
Reserves individual who have volunteered to conserve wildlife, declare any
private or community land as community reserve. A Community
Reserve Management Committee shall be constituted by State
Government for conserving and managing the reserve.
Tiger Reserve These areas were reserved for the protection of tiger in the country.
The State Government on the recommendation of the Tiger
 Conservation Authority may notify an area as a tiger reserve, for which
it has to prepare a Tiger Conservation Plan.

1.5 Key Points of the WLPA 1972

 Wildlife may include any animal, bees, butterflies, crustacean, Fish and moths; and
aquatic or land vegetation which form part of any habitat.
 Wild animal would mean any animal found wild in nature and includes any animal
specified in Schedule I, Schedule II, Schedule III, Schedule IV or Schedule V
wherever found.
 Habitat would include land, water or vegetation which is the natural home of any wild
animal.
 Hunting would include the capturing, killing, poisoning, snaring and trapping any
wild animal and includes an attempt to do so or even driving an animal for the
purpose. Injuring or destroying or taking any part of the body of such animal or bird
or reptiles or even damaging their eggs or disturbing their nests would also mean
hunting.
 Trophy would include the whole or part of any captive wild animal other than vermin
preserved by natural or artificial means and includes rugs, skins and specimens of
such animals mounted in whole or part by taxidermy. Antler, horn hair, feather, nail,
tooth musk, eggs and nest would also be called trophy.
 Entry with weapons is also prohibited without previous permission of Wildlife
warden. It is the duty of the Wildlife Warden to immunize against all communicable
diseases, livestock within 5 Kms of the sanctuary. The State Govt. may also if it
deems fit that an area within or outside a sanctuary is by reason of ecological, flora,
fauna, geomorphologic, natural or zoological association constitute it to be a National
Park by notification.
 Wild animals are basically the property of the Government. In case of any person has
possession of such animal or article he may report it to the nearest police officer
within 48 Hours or hand over such property to the officer-in-charge. Certificate of
ownership may be granted by the Chief Wildlife warden in case of possession, which
he may mark in a prescribed form for the purpose of identification.

1.6 Amendment in WLPA 1972

In 1963, the World Conservation Union (IUCN General Assembly) passed a resolution
calling for an international convention on regulations on export, transit and import of rare or
threatened wildlife species, their skins and trophies. Ten years later 21 countries signed the
Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).
The main aim was to check on the over exploitation through International Trade. In 1972, the
endangering of various species due to trade in skins of Lizards, Monitors, Snakes etc. sold in
millions along with those of the Tiger, Rhino horns, Bear paws and gall bladders accelerated
India to enact the Wildlife (Protection) Act1972. India joined CITES in 1976 by Ratification.
However, the Wildlife (Protection) Act 1972 had some flaws and loopholes which were
abused by unscrupulous traders, this led to an amendment in1982. 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. Some of the silent features during these
amendments were the verification and marking with identification of stock of wild life for
licensed dealers was required. Transportation of wildlife and wildlife products required a
permit from an authorized officer that the product had been legally acquired. Trade in ivory
and its products were completely banned. Issue of firearms License within 10 Kms of a
sanctuary without the concurrence of the wildlife warden was prohibited. Vehicles, Arms,
Vessels and Weapons used for the purpose of committing offences under the Act were to be
seized. Commercial felling and exploitation of Flora was banned. Individuals and N.G.O’s
were allowed to take instances of violations directly to courts. A Central Zoo Authority was
setup to ensure sound management of the Zoos. 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.
The 2006 amendment introduced a new chapter (IV B) for establishment of the National
Tiger Conservation Authority and notification of Tiger Reserves (before this amendment,
Tiger Reserves were not defined under the law, but were merely administrative designations
to enable funding under Project Tiger). The Wildlife Crime Control Bureau (WCCB) was
constituted vide the 2006 amendment to monitor and control the illegal trade in wildlife
products. The WLPA provides for investigation and prosecution of offences in a court of law
by authorized officers of the forest department and police officers. The Act underwent many
amendments. The Wildlife Protection Amendment Bill, 2013 seeks to ban the use of animal
traps, except under certain conditions, engage Gram Sabhas and Gram Panchayats in
management of protected areas, and to grant hunting rights to hunter-gatherer Scheduled
Tribes of the Andaman and Nicobar Islands. The Bill proposes that hunting in national parks
and sanctuaries or the alteration of their boundaries should be punished with 5 to 7 years in
jail and fine of RS 5 to 25 lakh, up from 3 to 7 years in jail and RS 10000 fine in the current
law; the punishment would be 7 years in prison and RS 30 lakh fine for repeat offenders, up
from 3 to 7 years of imprisonment and RS 25000 fine now. The amendments propose stricter
deterrents for crimes related to sale, purchase and transfer of animals, their parts or products
listed in various schedules. With this introduction now let us discuss the Wildlife (Protection)
Act, 1972 in a detailed way.

1.7 Drawbacks and Criticism of the WLPA

We have seen that there are a number of important environmental laws in the form of Acts
for safeguarding our environmental quality. But inspite of these acts, we find that we are not
able to achieve the target of bringing 33 per cent of our land cover under forests. Still we are
losing our wild life. The rivers have been turned into open sewers in many places and the air
in our big cities is badly polluted. The status of environment shows that there are drawbacks
in environmental legislations and problems in their effective implementation. Let us examine
some important issues related to our act of 1972. Some of the major drawbacks of the Act
include:

 Mild penalty to offenders

 Illegal wildlife trade in J and K
 Personal ownership certificate for animal articles like tiger and leopard skins
 No coverage of foreign endangered wildlife
 Pitiable condition of wildlife in mobile zoos
 Little emphasis on protection of plant genetic resources.
 The inadequacy of border control mechanism to check wildlife trafficking has also
provided impetus to poachers to use the Indo-Chinese border to directly supply tiger
parts from the source country to the consumers in China.
  Earlier trade in tiger parts was legalized in China which led to the market being
flooded with tiger products from both captive bred tigers as well as wild tigers.
CITES Resolution Conference 12.5 asks Parties to prohibit trade in tiger parts and
derivatives, both internationally and domestically, even from captive-bred
specimens19. This resolution was adopted by consensus after which the demand for
tiger products from China has been substantially reduced. If China legalizes tiger
trade again, it will bear significant responsibility for loss of wild tigers due to
poaching.
 With regard to the rampant cross border trade in wildlife, the Wildlife Protecting Act
has yet another glaring loophole; the extent of enforcement of the Wildlife Protection
Act doesn’t include Jammu and Kashmir. Jammu and Kashmir is host to a diverse
range of endemic species, however these are not covered by the state Act.
 The Wildlife Protection Act also fails to comprehensively cover practices that are for
scientific purposes such as venom extraction from snakes. Most institutions produce
venom by extracting it repeatedly from each snake until the animal dies, thereby
depleting the wild population of these venomous snakes, some of which are
endangered.
 The Wildlife Protection Act is silent on the procedure for ethical capture, handling
and release of these snakes, although an amendment in 1982 has allowed for
collection of snakes for extraction of venom for manufacture of anti-venom and life
saving drugs under Section 12(d).

A commonly exploited loophole in the Wildlife Protection Act is the provision for self
defence, which is often abused and can easily be claimed whilst hunting wildlife. Section
11(2) of the Wildlife Protection Act states that “The killing or wounding in good faith of any
wild animal in defence of oneself or any other person shall not be an offence” This allows
many forest dwellers who hunt animals with rudimentary weapons to merely claim self
defence when caught and get away with it, simply because the burden of proof does not lie on
them to prove that they were not hunting the animal. Thus the efforts of vigilant forest guards
are often defeated in court when the plea of self defence is sustained simply because of the
obvious lack of insurmountable evidence that they were hunting the animal. The incentive for
killing an animal needs to be completely eliminated in the cases of killing wildlife for self
defence so that the cases where animals are hunted and self defence is claimed can be curbed.