WILDLIFE (PROTECTION) ACT, 1972

Wildlife Act, a landmark in the history, was enacted for providing protection to wild animals and birds.

From State to Concurrent subject: Wildlife was transferred from State list to concurrent list in 1976, thus giving powers to the Central government to enact legislation.

Salient features of WPA-1972.

Clear definitions:

It clearly defines the wild-life related terminology.

Appointments:

It provides for the appointment of wildlife advisory Board, Wildlife warden, their powers, duties etc.

Exhaustive list of Indian wildlife:

The endangered wild life species was done for the first time and prohibition of hunting of the endangered species was mentioned.

• • some endangered plants like Beddome cycad, Blue Vanda, Ladies Slipper Orchid, Pitcher plant etc
  • some animals are – Tiger, Sangai deer, Dugong, great Indian bustard.

Institutions

• The Act provides for setting up of National Parks, Wildlife Sanctuaries etc.
• The constitution of Central Zoo Authority.
• The Act also provides the constitution of Indian Board of Wildlife (IBWL)
• It also sets up the National Tiger Conservation Authority.

1. Wildlife trade and protection

• There are few provisions for trade and commerce in some wildlife species with license for sale, possession, transfer etc.
• The Act imposes a ban on the trade or commerce in scheduled animals.
• It provides for legal powers to officers and punishment to offenders.
• It provides for captive breeding programme for endangered species.

Type of protected areas in Wildlife Protection Act.

Five kinds of protected areas can be notified in the Act. These are:

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.
• The government determines the nature and extent of rights of persons in or over the land within the sanctuary.

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 can not alter the boundaries of a national park except on the recommendation of the National Board for Wildlife.
• No grazing or any other human activities is allowed inside a national park.

• All provisions applicable to a sanctuary are also applicable to a national park.

Tiger reserves

• These areas were reserved for protection tiger in the country.
• TheState 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.

Conservation reserves and community reserves   

• These protected areas act as buffer zones and migration corridors between established national parks,  wildlife sanctuaries and reserved and protected forests of India.
• These protected area categories were first introduced in the wildlife (Protection) Amendment Act of 2003.

Schedules in WPA-1972

Schedule I and II – these are the most vital sections of the act.

• This section covers animals which are in the category of endangered species.
• The sections in this schedule give absolute protection to certain species and these cannot be infringed on any account.
• The animals can only be hunted if they are dangerous to human or diseased or disabled.
• Any violation is a punishable offence, the famous actor Salman Khan was sentenced to 5 years rigorous imprisonment for shooting a black buck in Rajasthan.
• The case is under appeal in the high court. In addition, 16 persons have been convicted and sentenced to various terms of prison up to 7 years for killing a tiger.

Schedule III and IV.

• These also have roughly the same provisions of Section I and II, but cover animals that are not in danger of becoming extinct or endangered, required equal protection.
• The penalties under this section are also less than Schedule I and II.

Schedule V

• This include the list of vermin animals-mice, common crow, monkey, pigs, bats, etc
• For this purpose, the hunter has to apply for a license to the District Forest Officer who will allow a hunter to shoot during a specific season and restricted area. Any infringement can lead to cancellation of the hunting license.

Schedule VI

• It concerns with the cultivation and plant life and gives teeth to setting up more protected animal parks.

Drawbacks of the Wildlife (Protection) Act, 1972:

• It seems that the Act has been enacted just as a fallout of the Stockholm Conference held in 1972.
• Loopholes: e.g. The personal ownership certificates for animal articles (tiger, leopard skins, etc.) are permissible which very often serves as a tool for illegal trading.
• J&K exception: The Wildlife traders in Jammu and Kashmir easily get illegal furs and skins from other states which after being made into caps, belts etc. are sold to other countries. This is so happening because J and K have its own Wildlife Act and it does not follow the Central Wildlife Act. Moreover, hunting and trading of several endangered species prohibited in other states are allowed in J and K, thereby opening avenues for illegal trading in such animals.
• Bias towards fauna There is little emphasis on the protection of plant genetic resources.

Poor deterrence :

• The offender of the Act is not subject to very harsh penalties. It is just up to 3 years imprisonment or a fine of Rs. 25000 or both.
• Conviction rate is as low as of 2% for crime related to wildlife.
• Lack of control mechanism in international border and transport facility.

Lack of skilled people

• Due to lack of specialization, police and customs officers are not able to recognize tiger bones, which are exported with a different label.
• Authorities are not highly sensitive towards animal welfare and the seriousness of the crime.