EVS PROJECT

NAME – KOVID JAIN

SAP ID- 40318220107

CLASS AND DIVISION – I-047

WILDLIFE PROTECTION ACT 1972
The Wild Life (Protection) Act, 1972 is an Act passed by the Parliament
of India on August 21, 1972, and later implemented on 9 September
1972. This Act was enacted for the protection of plants, birds and
animal species. The Wildlife Protection Act is an umbrella Act to
protect wild animals and plants

CONTENT

• Introduction
o Constitutional provisions
o Some popular wildlife sanctuaries in India
• Objectives of Wild Life (Protection) Act, 1872
• Extent and Applicability of the Wild Life
(Protection) Act, 1972
• Preliminary
• Authorities to be appointed under this Act
• Hunting of wild animals
•
• Grant of permit for special purposes
• Cancellation or suspension of license

• Scheduled species
• Sanctuaries
o Grant of permit and prohibition in sanctuary
• National Park
• Central Zoo Authority and Recognition of zoo
• Trade and commerce in wild animals, articles, and
trophies
• Prevention and detention of offences

• Cognizance of Offences

• Forfeiture of Property derived from illegal hunting and trade

• Case Law
• Conclusion
• References
Constitutional Provisions for the Wildlife Act
Article 48A of the Constitution of India directs the State to protect and improve
the environment and safeguard wildlife and forests. This article was added to the
Constitution by the 42nd Amendment in 1976.
Article 51A imposes certain fundamental duties for the people of India. One of
them is to protect and improve the natural environment including forests, lakes,
rivers, and wildlife and to have compassion for living creatures.
History of wildlife protection legislation in India

 The first such law was passed by the British Indian Government in 1887
called the Wild Birds Protection Act, 1887. The law sought to prohibit the
possession and sale of specified wild birds that were either killed or
captured during a breeding session.
 A second law was enacted in 1912 called the Wild Birds and Animals
Protection Act. This was amended in 1935 when the Wild Birds and
Animals Protection (Amendment) Act 1935 was passed.
 During the British Raj, wildlife protection was not accorded a priority. It
was only in 1960 that the issue of protection of wildlife and the prevention
of certain species from becoming extinct came into the fore.

Need for the Wildlife Protection Act

Wildlife is a part of ‘forests’ and this was a state subject until the Parliament
passed this law in 1972. Now it is Concurrent List. Reasons for a nationwide law
in the domain of environment particularly wildlife include the following:

1. India is a treasure-trove of varied flora and fauna. Many species were

seeing a rapid decline in numbers. For instance, it was mentioned by
Edward Pritchard Gee (A naturalist), that at the turn of the 20th century,
India was home to close to 40000 tigers. But, a census in 1972 showed this
number drastically reduced to about 1827.
2. A drastic decrease in the flora and fauna can cause ecological imbalance,
which affects many aspects of climate and the ecosystem.
3. The most recent Act passed during the British era in this regard was the
Wild Birds and Animals Protection, 1935. This needed to be upgraded as
the punishments awarded to poachers and traders of wildlife products were
disproportionate to the huge financial benefits that accrue to them.
 4. There were only five national parks in India prior to the enactment of this
Act.

Salient Features of Wildlife Protection Act

This Act provides for the protection of a listed species of animals, birds, and
plants, and also for the establishment of a network of ecologically-important
protected areas in the country.

 The Act provides for the formation of wildlife advisory boards, wildlife
wardens, specifies their powers and duties, etc.
 It helped India become a party to the Convention on International Trade in
Endangered Species of Wild Fauna and Flora (CITES).

 CITES is a multilateral treaty with the objective of protecting

endangered animals and plants.

 It is also known as the Washington Convention and was adopted as a

result of a meeting of IUCN members.

 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.
 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.

 Schedule I and Schedule II (Part II) get absolute protection, and

offences under these schedules attract the maximum penalties.

 The schedules also include species that may be hunted.

 The National Board for Wildlife was constituted as a statutory

organization under the provisions of this Act.
  This is an advisory board that offers advice to the central government
on issues of wildlife conservation in India.

 It is also the apex body to review and approve all matters related to
wildlife, projects of national parks, sanctuaries, etc.

 The chief function of the Board is to promote the conservation and

development of wildlife and forests.

 It is chaired by the Prime Minister.

 The Act also provided for the establishment of the National Tiger
Conservation Authority.

 It is a statutory body of the Ministry of Environment, Forest and

Climate Change with an overall supervisory and coordination part,
performing capacities as given in the Act.

 Its mandate is to strengthen tiger conservation in India.

 It gives statutory authority to Project Tiger which was launched in

1973 and has put the endangered tiger on a guaranteed path of revival
by protecting it from extinction.

Protected Areas under the Wildlife Protection Act

There are five types of protected areas as provided under the Act. They are
described below.
1. Sanctuaries: “Sanctuary is a place of refuge where injured, abandoned, and
abused wildlife is allowed to live in peace in their natural environment without
any human intervention.”

1. They are naturally-occurring areas where endangered species are protected

from poaching, hunting, and predation.
2. Here, animals are not bred for commercial exploitation.
3. The species are protected from any sort of disturbance.
4. Animals are not allowed to be captured or killed inside the sanctuaries.
5. A wildlife sanctuary is declared by the State government by a Notification.
Boundaries can be altered by a Resolution of the State Legislature.
6. Human activities such as timber harvesting, collecting minor forest
products, and private ownership rights are permitted as long as they do not
 interfere with the animals’ well-being. Limited human activity is
permitted.
7. They are open to the general public. But people are not allowed unescorted.
There are restrictions as to who can enter and/or reside within the limits of
the sanctuary. Only public servants (and his/her family), persons who own
immovable property inside, etc. are allowed. People using the highways
which pass through sanctuaries are also allowed inside.
8. Boundaries of sanctuaries are not generally fixed and defined.
9. Biologists and researchers are permitted inside so that they can study the
area and its inhabitants.
10. The Chief Wildlife Warden (who is the authority to control,
manage and maintain all sanctuaries) may grant permission to persons
for entry or residence in the sanctuary for the study of wildlife, scientific
research, photography, the transaction of any lawful business with persons
residing inside, and tourism.
11. Sanctuaries can be upgraded to the status of a ‘National Park’.
12. Examples: Indian Wild Ass Sanctuary (Rann of Kutch, Gujarat);
Vedanthangal Bird Sanctuary in Tamil Nadu (oldest bird sanctuary in
India); Dandeli Wildlife Sanctuary (Karnataka).

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

1.
1.
1. A national park has more restrictions as compared to a wildlife
sanctuary.
2. National parks can be declared by the State government by
Notification. No alteration of the boundaries of a national park
shall be made except on a resolution passed by the State
Legislature.
3. The main objective of a national park is to protect the natural
environment of the area and biodiversity conservation.
4. The landscape, fauna, and flora are present in their natural state
in national parks.
5. Their boundaries are fixed and defined.
6. Here, no human activity is allowed.
7. Grazing of livestock and private tenurial rights are not permitted
here.
 8. Species mentioned in the Schedules of the Wildlife Act are not
allowed to be hunted or captured.
9. No person shall destroy, remove, or exploit any wildlife from a
National Park or destroy or damage the habitat of any wild
animal or deprive any wild animal of its habitat within a
national park.
10. They cannot be downgraded to the status of a ‘sanctuary’.
11. Examples: Bandipur National Park in Karnataka; Hemis
National Park in Jammu & Kashmir; Kaziranga National Park in
Assam. See more on List of National Parks in India.

3. Conservation Reserves: The State government may declare an area

(particularly those adjacent to sanctuaries or parks) as conservation reserves after
consulting with local communities.
4. Community Reserves: The State government may declare any private or
community land as a community reserve after consultation with the local
community or an individual who has volunteered to conserve the wildlife.
5. Tiger Reserves: These areas are reserved for the protection and conservation
of tigers in India. They are declared on the recommendations of the National
Tiger Conservation Authority.
The amended Wildlife Act doesn’t allow any commercial exploitation of
forest produce in both wildlife sanctuaries and national parks, and local
communities are allowed to collect forest produce only for their bona fide
requirements.

Case Law

Rajendra Kumar v. Union of India

In this case, the petitioner was running a business of carver ivory with the license
issued by the State Government, which can be renewed year by year. The
Wildlife Protection Act prescribes certain restraints on the trade and commerce in
wild animals. The petitioner stated that due to the amendments made in section 5,
27, 33, 34, 35 and 37 has affected his business, his livelihood. Due to the
amendment in the above mentioned sections, the import of ivory has been banned
and so the petitioner is restrained from dealing in ivory business.

The petitioner stated certain statistics for supporting his stand by producing the
data of 300 years ago, that is, in the 3rd and 4th century the ivory trade has
flourished immensely in India. It was considered to be one of the best Indian art
and was an integral part of great Indian culture. It proved to be a great source of
income for the Indian craftsmen. He also referred to the Schedules of the Wildlife
Protection Act and had put before the Court that the list did not contain the
Indian Elephant and it does not include the ivory derived from the mammoth. He
also prayed that such a restriction would affect his right of freedom of trade and
livelihood contained in Article 19(1) of the Indian Constitution.

The court held that the amendment and the incorporation of chapter 6(A) was
done in accordance and directions of the International Trade in Endangered
Species of Wild Fauna and Flora (CITES). The amendment clearly says that
trade in african ivory is banned with a reason to protect the poaching of elephants
and stop the fast dwindling of this species. So, the restriction was held to be
valid.

MCQ on Wildlife Protection Act 1972

1) When did The Wildlife Protection Act 1972, come into force?

A) 01 April 1972
B) 01 March 1973
C) 09 September 1972
D) 23 April 1972

Answer – C) 09 September 1972

2) Which section of The Wildlife Protection Act 1972 deals with the Prohibition
of hunting?
A. Section 12 of The Wildlife Protection Act 1972
B. Section 9 of The Wildlife Protection Act 1972
C. Section 14 of The Wildlife Protection Act 1972
D. Section 20 of The Wildlife Protection Act 1972

Answer B. Section 9 of The Wildlife Protection Act 1972

3) Which section of The Wildlife Protection Act 1972 deals with the
Hunting of wild animals to be permitted in certain cases ?
A. Section 16 of The Wildlife Protection Act 1972
B. Section 14 of The Wildlife Protection Act 1972
C. Section 11 of The Wildlife Protection Act 1972
D. Section 18 of The Wildlife Protection Act 1972

Answer – C. Section 11 of The Wildlife Protection Act 1972

4. Section 25 of The Wildlife Protection Act 1972deals with_______?

A.Prohibition of entry into the sanctuary with a weapon
B. Acquisition proceedings
C.Declaration and management of a conservation reserve
D. Causing fire prohibited.

Ans- B. Acquisition proceedings

5.Proclamation by Collector is provided in section____ of The Wildlife

Protection Act 1972

A. Section 24 of The Wildlife Protection Act 1972

B. Section 22 of The Wildlife Protection Act 1972
C. Section 21 of The Wildlife Protection Act 1972
D. Section 23 of The Wildlife Protection Act 1972

Ans- C. Section 21 of The Wildlife Protection Act 1972

6) Section 18 of The Wildlife Protection Act 1972 provides _?

A.Declaration of sanctuary
B.Acquisition of rights
C.Control of sanctuaries
D.Powers of Collector
Ans – A.Declaration of sanctuary

7. Which section of The Wildlife Protection Act 1972 deals with the
Constitution of the National Board for Wild Life?
A. Section 7 of The Wildlife Protection Act 1972
B. Section 4 of The Wildlife Protection Act 1972
C. Section 5A of The Wildlife Protection Act 1972
D. Section 9 of The Wildlife Protection Act 1972

Answer – C. Section 5A of The Wildlife Protection Act 1972

8. Section 12 of The Wildlife Protection Act 1972 deals with_______?

A.Grant of permit for special purposes.
B.Declaration of stock.
C.Powers of Collector
D. Duties of State Board for Wild Life

Ans- A.Grant of permit for special purposes.

9) Which section of The Wildlife Protection Act 1972 deals with the Dealings in
trophy and animal articles without licence prohibited.?

A. Section 47 of The Wildlife Protection Act 1972

B. Section 49 of The Wildlife Protection Act 1972
C. Section 44 of The Wildlife Protection Act 1972
D. Section 45 of The Wildlife Protection Act 1972

Answer – C. Section 44 of The Wildlife Protection Act 1972

10) Section 50 of The Wildlife Protection Act 1972 deals with_______?

A.Restriction on transportation of wildlife

B. Constitution of Appellate Tribunal
C. Power of entry, search, arrest, and detention
D. Officers to be public servants

Answer- C. Power of entry, search, arrest, and detention.

LONG ANSWERS TYPE QUESTIONS

Q1 What is the main purpose of the Wildlife Protection Act,

1972?
ANS India's Wildlife Protection Act of 1972 is a comprehensive piece of
legislation that regulates sanctuaries, national parks, and zoos among other
protected locations. Its primary aim is to curb the illegal trade in wildlife and the
derivative parts.

Q2 What is the role of the Advisory council on Wildlife?

ANS It approves projects (including government projects) in and around the

protected areas (national parks, wildlife sanctuaries, etc.). It is an advisory board
and advises the central government on policy matters concerned with wildlife
conservation in the country.
Q3 What in entails the Prohibition of Cutting/Uprooting of
Specific Plants?

ANS There are many specific species of Plants and Natural resources that are
considered endangered. Prohibition of Cutting/Uprooting of Specific Plant,
entails that by notification, the State government can declare any area of forest or
lake as a sanctuary if it is considered a suitable place for wildlife conservation
and conservation.

Q4 What is the meaning of National Park?

Ans National Parks are places categorised by the government to be a place for
biodiversity conservation. National Parks specifically banned the following
activities like, Forestry, Fishing, Hunting, Grazing, Poaching and any kind of
cultivation activities.
Q5 What are the Penalties under Wildlife Protection Act,
1972?

Ans Under Schedule-I or Part-II of Schedule-II, if the offenses relating to

hunting in the area kept under biodiversity conservation occurs, Such an offense
is punishable by an imprisonment of minimum 3 years and maximum of 7 years
and a fine not exceeding ten thousand rupees.

Q6 The wildlife protection act came in force when and why?

Ans • The Wild Life (Protection) Act, 1972 is an Act passed by the Parliament of
India on August 21, 1972, and later implemented on 9 September
⚫ This Act was enacted for the protection of plants, birds, and animal species. •
The Wildlife Protection Act is an umbrella Act to protect wild animals and plants.
⚫ Before this Act was enacted there were very few national parks. This Act
includes provisions for the protection of plants and animals, hunting, harvesting,
and various other ancillary matter connected thereto. It has six schedules which
extend to all over India.
. Under this Act, various kinds of penalties are also laid down for the violation of
the laws contained therein. This Act contains 66 sections and six schedules..

Q7 WHY DEALING IN SPECIFIED PLANTS ARE

PROHIBITED?
ANS Dealing in specified plants without licence prohibited.—
(1) No person shall, except under and in accordance with a licence granted by the
Chief Wild Life Warden or any other officer authorised by the State Government
in this behalf, commence or carry on business or occupation as a dealer in a
specified plant or part or derivate thereof: Provided that nothing in this section
shall prevent a person, who, immediately before the commencement of the Wild
Life (Protection) Amendment Act, 1991, was carrying on such business or
occupation, from carrying on such business or occupation for a period of sixty
days from such commencement, or where he has made an application within that
period for the grant of a licence to him, until the licence is granted to him or he is
informed in writing that a licence cannot be granted to him.
(2) Every licence granted under this section shall specify the premises in which
and the conditions, if any, subject to which the licensee shall carry on his
business.

Q8 HOW MANY SCHEDULES ARE THERE PLEASE TELL

AND EXPLAIN?
ANS Schedules under the Act
The Wildlife (Protection) Act, 1972 has divided the protection status of various
plants and animals under the following six schedules:

 Schedule I:

o It covers endangered species that need rigorous protection.

The species are granted protection from poaching, killing,
trading etc.
o A person is liable to the harshest penalties for violation of the
law under this Schedule.
o Species under this Schedule are prohibited to be hunted
throughout India, except under threat to human life or in case
of a disease that is beyond recovery.
o Some of the animals granted protection under the Schedule I
include:

 The Black Buck

 Bengal Tiger
 Clouded Leopard
 Snow Leopard
 Swamp Deer
 Himalayan Bear
  Asiatic Cheetah
 Kashmiri Stag
 Fishing Cat
 Lion-tailed Macaque
 Musk Deer
 Rhinoceros
 Brow Antlered Deer
 Chinkara (Indian Gazelle)
 Capped Langur
 Golden Langur
 Hoolock Gibbon
 Schedule II:

o Animals under this list are also accorded high protection with
the prohibition on their trade.
o They cannot be hunted except under threat to human life or if
they are suffering from a disease/ disorder that goes beyond
recovery.
o Some of the animals listed under Schedule II include:

 Assamese Macaque, Pig Tailed Macaque, Stump

Tailed Macaque
 Bengal Hanuman langur
 Himalayan Black Bear
 Himalayan Newt/ Salamander
 Jackal
 Flying Squirrel, Giant Squirrel
 Sperm Whale
 Indian Cobra, King Cobra
 Schedule III & IV:
 o Species that are not endangered are included under Schedule
III and IV.
o This includes protected species with hunting prohibited but
the penalty for any violation is less compared to the first two
schedules.
o Animals protected under Schedule III include:

 Chital (spotted deer)

 Bharal (blue sheep)
 Hyena
 Nilgai
 Sambhar (deer)
 Sponges
o Animals protected under Schedule IV include:

 Flamingo
 Hares
 Falcons
 Kingfishers
 Magpie
 Horseshoes Crabs
 Schedule V:

o This schedule contains animals that are considered

as vermin (small wild animals that carry disease and destroy
plants and food). These animals can be hunted.
o It includes only four species of wild animals:

 Common Crows
 Fruit Bats
 Rats
 Mice
  Schedule VI:

o It provides for regulation in cultivation of a specified

plant and restricts its possession, sale and transportation.
o Both cultivation and trade of specified plants can only be
carried out with prior permission of competent authority.
o Plants protected under Schedule VI include:

 Beddomes’ cycad (Native to India)

 Blue Vanda (Blue Orchid)
 Red Vanda (Red Orchid)
 Kuth (Saussurea lappa)
 Slipper orchids (Paphiopedilum spp.)

Q9 WHAT ARE THE OBJECTIVE OF THIS ACT ?

ANS Objectives of Wild Life (Protection) Act, 1872

1. One of the main objectives is to prohibit the hunting of wild animals,

various species of birds etc.
2. It lays down various punishments for the violation of rules and
regulations to have proper control over the activities of human beings
and to serve the various purposes of this Act.
3. Various Schedules contained under this Act give absolute protection to
some endangered species so that they can be protected.
4. To provide shelter and protect the animals which are not in danger but
need protection and security.
5. To specially protected animals that can be hunted like ducks, deer etc.
For hunting such animals, the hunter has to obtain a license from the
District Officer. If the license is granted, he would be given a certain
restricted area to shoot the animals and in a particular season. Any of the
acts which result in infringement of such a license will be cancelled.
6. One of the important objectives is to give powers in the hand of officers
to punish the one who is guilty under this Act.
 7. To help the state government and central government to declare any area
as sanctuaries or national parks.
8. To plant trees and build protected animal parks so that such animals are
protected in environment-friendly and natural areas.
9. To establish wildlife advisory boards, wildlife warden and to appoint the
members with their duties and power.
10. To support the Convention of International Trade in Endangered
Species of Fauna and Flora (CITES, 1976).
11. To support the launching of the National component of UNESCO’s
Man and Biosphere Programme, 1971.
12. To provide protection even for some endangered plants.
13. To impose a ban on trade and commerce of certain protected species.
14. To provide trade and commerce of some wild species by providing a
license for possession, sale, and transfer.
15. To maintain the diversity of flora and fauna of the country and also to
maintain a healthy ecological balance.

CONCLUSION
India is a country blessed with a huge diversity in natural resources. It has a
variety of flora and fauna. Such resources must be protected and reserved. For
the same reason, the Wildlife Protection Act, 1972 was brought into force. Many
changes were brought with the Amendment Act,2002. This Act acts like a blanket
of protection for various flora and fauna from illegal poaching, killing, trading in
wild animals and various species of plants. This Act consists of 60 Sections and
divided into 8 chapters. This Act empowers the State as well as the Central
government to declare any area as Sanctuary, National Park. Various restrictions
are imposed to carry any activity under these areas and officers are appointed to
administer the activities which are carried on under those areas. Many restrictions
on trade and commerce are imposed to stop the illegal activities. This act helps in
protecting, conserving and preserving the wildlife.
 REFERENCE
https://www.drishtiias.com/to-the-points/paper3/wildlife-protection-act-wpa-
1972
https://byjus.com/free-ias-prep/wildlife-protection-act-1972/
https://indiankanoon.org/doc/1781078/
https://testbook.com/question-answer/the-comprehensive-wild-life-protectionact-
in--5f5cf2be4a771ff2bcb7aeed