Wildlife Protection Act 1972

Wildlife Protection Act was passed by the Parliament of India on 12 August 1972
and was enacted on 9 September 1972. The Act was introduced with an aim to
provide safeguard and protection to animals, birds, and plants present in the
country.

o Earlier, it was not applicable to the state of Jammu and Kashmir, but after
the enactment of the Jammu and Kashmir Reorganisation Act of 2019, the
exception was removed.
o In total, there are 66 sections in this act and it consists of 6 schedules that
provide a varying degree of protection for the species placed under each of
them.
o India is home to a wide variety of flora and fauna species. Their habitats
have been destroyed by various human activities such as construction,
agricultural settlement, etc. Apart from that, poaching is a major threat to
these species. Through this Wildlife Protection Act of 1972, the Government
of India aimed to protect the wildlife and their habitats from all such
threats.

Act and policies related to environmental issues are significant for UPSC prelims as
well as mains. In this article on the Wildlife (Protection) Act of 1972, we shall
discuss various provisions and features introduced by the Parliament to safeguard
the wildlife.

Constitutional Provisions

India is the first country in the world to have incorporated the provisions related
to the protection and conservation of wildlife and the environment in the
Constitution. Following the United Nations Conference on the Human Environment,
commonly called Stockholm Conference in 1972, the Indian Government passed the
42nd Constitutional Amendment Act in 1976 through which articles pertaining to
environmental protection were included in the Indian Constitution. The articles are
as follows:
 o Article 48A
o By the 42nd Constitutional Amendment Act, this article was added
under the Directive Principles of State Policy (Part IV).
o This article deals with the Protection and improvement of the
environment and safeguarding of forests and wildlife.
o It states that “The State shall endeavour to protect and improve
the environment and to safeguard the forests and wildlife of the
country”.
o
o Article 51A (g)

o By the 42nd Constitutional Amendment Act, this article was added as

the fundamental duty of Indian citizens.
o It states that “ It shall be the 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.

Authorities Appointed Under Wildlife Protection Act 1972

The authorities appointed under the Wildlife Protection Act of 1972 are discussed
below:

o Appointments made by Central Government:

o The Central Government may appoint the following authorities for the
purpose of the Wildlife Protection Act.
o A Director of Wildlife Preservation
o Other such officers and employees to assist the directors.
o The Director is subject to all general and special directions given by
the Central Government of India.

o Appointments made by State Government:

o The State Governments may appoint the following authorities for the
purpose of the Wildlife Protection Act.
o Chief Wildlife Warden
o Wildlife Wardens
o Honorary Wildlife Wardens
o Other such officers and employees as needed.
 o The Chief Wildlife Warden is subject to all general and special
directions given by the State Government of India.
o Wildlife Wardens, Honorary Wildlife Wardens, and other such officers
and employees are subordinate to the Chief Wildlife Warden.

Salient Features Of Wildlife Protection Act 1972

o Prohibition of Hunting: The Wildlife Protection Act of 1972 prohibits the

hunting of any wild animals listed under the schedules I, II, III, and IV of
the act.

Exceptions to the prohibition of hunting are provided under sections 11 and 12 of

the act.

o As per section 11, the Chief Wildlife Warden can permit any person
to hunt an animal specified in schedules I, II, III, and IV of the act
if he/she is satisfied that the particular animal is dangerous to human
life or disabled or diseased beyond recovery. It also states that killing
or wounding any wild animal in defence of oneself should not be
considered as an offense. Such animals are considered government
property.
o As per section 12, the Chief Wildlife Warden can grant a permit to
hunt animals for the purpose of education, scientific research, and
scientific management.

o Prohibition of Cutting/Uprooting Specified Plants: The act prohibits any

person from wilfully picking, uprooting, damaging, destroying, collecting,
selling, or transferring any plant species (alive or dead) from either forest
area or any such area specified by the Central Government.
Exception: The Chief Wildlife Warden, with prior permission from the
concerned State government, can permit cutting or uprooting the specified
plants for the purpose of education, scientific research, and scientific
management.

o The act prohibits the cultivation of certain plants without acquiring a license
from the Chief Wildlife Warden. It also prohibits any person from purchasing
or receiving the specified plants from anybody other than the licensed
dealers.
 o Under the Wildlife Protection Act of 1972, various governing bodies such as
National Board for Wildlife, and State Board for Wildlife are constituted.
o Similarly protected areas such as national parks, and sanctuaries are
declared along with their functions and rights.
o Animals are listed under 6 schedules based on their risk of survival and
provisions related to the conservation and protection of such animals are
mentioned in this act.

Bodies Established Under Wildlife Protection Act 1972

Following are the bodies constitutionalized under the Wildlife Protection Act,

1. National Board for Wildlife

o According to the act, the Central Government should constitute the National
Board for Wildlife (NBWL).
o The Prime Minister of India is the Chairperson of the board and the Minister
in charge of forests and wildlife is the Vice-Chairperson of the board. Along
with them, the NBWL consists of several other members.
o The board has the right to constitute a standing committee to carry out
certain functions directed to them by the board.
o Some of the major functions of the National Board for Wildlife are,
o To promote the conservation and development of wildlife and forests
by taking appropriate measures.
o To frame policies and make advice to the Central Government and the
State Governments on the ways and means of promoting wildlife
conservation and effectively controlling poaching and illegal trade of
wildlife and its products.
o To make recommendations on the setting up of and management of
national parks, sanctuaries, and other protected areas and on matters
relating to the restriction of activities in those areas.
o To prepare and publish reports on wildlife in the country at least
once in two years.
2. State Board for Wildlife

o According to the Wildlife Protection Act, the State Government should

constitute the State Board for Wildlife (SBWL).
o The Chief Minister of the State (Chief Minister or Administrator in case of
Union Territory) is the Chairperson of the board and the Minister in charge
of forests and wildlife is the Vice-Chairperson of the board.
o The duty of the State Board for Wildlife is to advise the respective State
Governments in matters such as,
o Selection and management of protected areas
o Formulation of policies for wildlife protection and conservation.
o Amendment of any schedule under the act.

3. Central Zoo Authority

o According to the act, the Central Government should constitute Central Zoo
Authority and it should consist of a Chairperson, Member-Secretary, and
other such members not exceeding ten.
o The act confers the right to the authority to regulate its own procedure.
o Some of the functions performed by the Central Zoo Authority are as
follows:
o To recognize or derecognize zoos.
o To specify the minimum standards for housing, upkeep and veterinary
care of the animals kept in a zoo.
o To coordinate the acquisition, exchange, and loaning of animals for
breeding purposes.
o To identify endangered species of wild animals for purposes of captive
breeding and assigning responsibility in this regard to a zoo.
o To coordinate research in captive breeding and educational
programmes for the purposes of zoos.
o To ensure maintenance of stud-books of endangered species of wild
animals bred in captivity.

4. National Tiger Conservation Authority

o According to the Wildlife Protection Act, the Central Government should

constitute the National Tiger Conservation Authority and appoint the
Minister of Environment and Forests as its Chairperson.
o The functions of the National Tiger Conservation Authority are as follows:
 o To approve the Tiger Conservation Plan prepared by the State
Government under a section provided by the act.
o To evaluate and assess various aspects of sustainable ecology and to
cancel any ecologically unsustainable land use such as mining,
industry, and other projects within the tiger reserves.
o To lay down 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.
o To provide measures for addressing the conflicts between men and
wild animals.

5. Tiger And Other Endangered Species Crime Control Bureau

o Under this act, the Central Government can constitute a Tiger and other
Endangered Species Crime Control Bureau by publishing orders in the official
gazette.
o Following are the powers and functions of the Tiger and other Endangered
Species Crime Control Bureau:
o To coordinate the functions of various officers, State Governments,
and other authorities in connection with the enforcement of the
provisions of this Act.
o To collect and collate intelligence related to organized wildlife crime
activities and to disseminate the same to State and other enforcement
agencies for immediate action.
o To advise the Government of India on issues relating to wildlife crimes
having national and international ramifications, and suggest changes
required in relevant policy and laws from time to time.
Protected Areas Under Wildlife Protection Act 1972

The protected areas mentioned in the Wildlife Protection Act of 1972 are discussed
below:

1. Sanctuaries

o The State Government can declare any area other than an area comprising
any reserve forest or the territorial waters as a sanctuary.
o For an area to be considered as a sanctuary, it should have adequate
ecological, faunal, floral, geomorphological, natural, or zoological
significance.
o The Chief Wildlife Warden is the authority responsible for controlling,
managing, and maintaining the sanctuaries. He is endowed with the power to
take any steps necessary for the protection of sanctuaries and the wildlife
therein.
o The Chief Wildlife Warden can grant permission to any person to enter or
reside in the sanctuary for purposes such as photographing, scientific
research, tourism, investigation, or study of wildlife. However, fees are
prescribed to carry out such activities.
o No person other than the public servant on duty, the person permitted by
the CWLW, or the person passing through the sanctuary along the public
highway can enter or reside in the sanctuary.
o The use of chemicals, explosives, or any other substances which may cause
injury to the wildlife in the sanctuary, is strictly prohibited inside the
sanctuary. Activities such as setting fire or leaving any fire burning in a
sanctuary are prohibited. Weapons can be taken only with prior permission
from the warden.

2. National Parks

o The State Government can declare any area that is of high ecological,
faunal, floral, geomorphological, natural, or zoological significance can be
declared as a national park. Even the areas within the sanctuary can be
declared national parks.
o Destruction, exploitation, or removal of any wildlife (including the forest
produce) from the national parks are prohibited under the Act.
o Similarly, no person can destroy, damage, or divert the habitat of the species
in the national park.
o Removal of wildlife from the national parks and change inflow of water into
and outside the national parks can be made only in accordance with the
 permission of the Chief Wildlife Warden and the warden grants such
permissions only after receiving acceptance from the concerned State
Government.
o Grazing of any live stocks is prohibited in the national park.

3. Conservation Reserve

o The State Government can declare any area owned by the government
adjacent to national parks, sanctuaries, and those areas which serve as a
link between one or more protected areas, as conservation reserves, after
consultation with the local communities.
o It aims to protect the landscapes, seascapes, flora, fauna, and their habitats
in the above-mentioned areas.
o A management committee is constituted by the State Government to assist
and advise the Chief Wildlife Warden to conserve, manage and maintain the
conservation reserve.