- The Wildlife (Protection) Act, 1972, is a legislative measure enacted by the Indian Parliament to safeguard plant and animal species.
- This Act serves as the regulatory framework for wildlife conservation and protection in India, and it emerged during a period of rapid development in environmental law within the country.
- The enactment of the Wildlife (Protection) Act, 1972 was driven by the recognition that earlier legislations, including the Wild Birds and Animals Protection Act of 1912, were inadequate to address the evolving needs of wildlife conservation.
KEY FEATURES
- The Wildlife Protection Act of 1972 stems from a lengthy process initiated in 1887 with the protection of wild birds, expanding to cover wild animals in 1912 and specific plants in 1919.
- It ultimately encompasses nearly all wildlife resources requiring protection and management.
- Wildlife, initially under state jurisdiction, became a Concurrent List item after Parliament’s approval in 1972, marking it as a crucial component of ‘forests.’
- The Act evaluates the risk of survival for wildlife (fauna) listed in Schedules I through V, with animals in these schedules receiving complete protection from hunting, and their trade strictly regulated.
- The Wildlife (Protection) Amendment Act of 1991 added specified plant species to Schedule VI.
- The Indian Board of Wildlife appoints an expert committee to consider necessary amendments.
- The 1991 amendment significantly curtailed the powers of state governments, prohibiting them from declaring any wild animal a vermin.
- Additionally, livestock immunization is mandatory within a 5-kilometer radius of a National Park or sanctuary.
SIGNIFICANCE
- The Act’s significance lies in its establishment of wildlife advisory boards and wildlife wardens, defining their authorities and tasks.
- It played a pivotal role in India’s accession to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), a multinational pact for conserving endangered animals and plants.
- The Act facilitated the compilation of the country’s first comprehensive inventory of endangered animals.
- It criminalized hunting endangered species and the trade of scheduled animals.
- The Act authorizes the sale, transfer, and ownership of certain animal species through licensing and laid the foundation for the Central Zoo Authority, overseeing zoo monitoring in India since 1992.
VARIOUS BODIES UNDER WPA 1972
- National Board for Wildlife (NBWL): Established by the government of India, the NBWL acts as the governing authority for wildlife-related issues, chaired by the Prime Minister. Its role is consultative, advising the government on wildlife conservation policies.
- State Board for Wildlife (SBWL): Constituted by state governments, the SBWL advises on site selection, preservation policy, and any alterations to Schedules, chaired by the state/Chief UT’s Minister.
- Central Zoo Authority: Formed with ten members, including the Environment Minister as chairperson, the authority grants zoo recognition and regulates them nationally and internationally.
- National Tiger Conservation Authority (NTCA): Established in 2005, it recommends Tiger Reserves, and around 50 wildlife sanctuaries in India are designated as Tiger Reserves under the Act.
- Wildlife Crime Control Bureau (WCCB): Established to combat organized wildlife crime, the WCCB collects and analyzes intelligence, creates a wildlife crime data bank, aids state governments in prosecutions, and advises the Government of India on wildlife crimes.
PROTECTED AREAS UNDER WPA 1972
The Wildlife Protection Act of 1972 categorizes protected areas into five classifications:
SANCTUARIES:
- Purpose: Provide a safe haven for injured, abandoned, and abused wildlife in their natural habitat without human interference.
- Natural zones safeguarding endangered animals from poaching, hunting, and predation.
- No breeding of animals for commercial purposes.
- Animals are protected from any interference, capture, or killing within sanctuaries.
- Declaration: State government issues a Notification; boundaries can be altered by a Resolution of the State Legislature.
- Human activities like wood harvesting are authorized if they don’t jeopardize animal well-being.
- Examples: Indian Wild Ass Sanctuary, Vedanthangal Bird Sanctuary, Dandeli Wildlife Sanctuary.
NATIONAL PARKS:
- Purpose: Preserve the natural environment with a focus on maintaining the natural ecosystem and conserving biodiversity.
- More restricted than wildlife refuges.
- Declaration: State government issues a Notification; borders can only be altered with State Legislature approval.
- Strict prohibition on human activities within national parks.
- Grazing and private tenurial rights are not permitted.
- Hunting or taking of species listed in the Wildlife Act’s Schedules is prohibited.
- Examples: Bandipur National Park, Hemis National Park, Kaziranga National Park.
CONSERVATION RESERVES:
- Proclamation: State government can declare an area, especially those adjacent to sanctuaries or parks, after engaging with local people.
COMMUNITY RESERVES:
- Establishment: State government may establish any private or communal land as a community reserve after consulting with the local community or an individual volunteering for wildlife protection.
TIGER RESERVES:
- Designation: Reserved for the preservation and conservation of tigers, declared based on recommendations from the National Tiger Conservation Authority (NTCA).
- In India, 53 tiger reserves are regulated by Project Tiger, administered by the NTCA.
- Examples: Nagarjunsagar Srisailam, Namdapha National Park, Kamlang Tiger Reserve, Pakke Tiger Reserve.
SCHEDULES OF WPA 1972
The Act comprises six schedules, each serving a specific purpose:
- Schedule I:
- Deals with endangered species, providing the highest penalties for violations.
- Species listed have absolute protection; hunting and trading are illegal.
- Examples: Tiger, blackbuck, Himalayan Brown Bear, Cheetah.
- Schedule II:
- Provides special protection to listed animals, prohibiting their business and hunting unless there is a threat to human life.
- Examples: Assamese Macaque, Bengal Hanuman langur, Indian Fox.
- Schedules III & IV:
- Lists species that are not endangered, with less severe punishments for infringements compared to Schedules I and II.
- Examples: Hyena, flying fox, Malabar tree toad.
- Schedule V:
- Includes animals that can be hunted with specific examples like mice, rats, common crows.
- Schedule VI:
- Comprises plants that are not allowed to be cultivated, including examples like the pitcher plant, blue vanda, red vanda.
FAQs – Wildlife Protection Act 1972
1. What is the Wildlife Protection Act, 1972?
A: The Wildlife Protection Act, 1972, is a legislative measure enacted by the Indian Parliament to safeguard plant and animal species. It serves as the regulatory framework for wildlife conservation and protection in India.
2. Why was the Wildlife Protection Act, 1972, enacted?
A: The Act emerged during a period of rapid development in environmental law in India, recognizing that earlier legislations, including the Wild Birds and Animals Protection Act of 1912, were insufficient for evolving wildlife conservation needs.
3. What are the key features of the Wildlife Protection Act, 1972?
- Enacted in 1972, it stems from a process initiated in 1887, eventually covering nearly all wildlife resources.
- Initially under state jurisdiction, it became a Concurrent List item in 1972, marking wildlife as a crucial component of ‘forests.’
- Evaluates the risk of survival for wildlife listed in Schedules I through V, offering complete protection from hunting, with strict regulation of trade.
4. How did the 1991 Amendment impact the Wildlife Protection Act?
A: The Wildlife (Protection) Amendment Act of 1991 added specified plant species to Schedule VI. It curtailed the powers of state governments and mandated livestock immunization around National Parks or sanctuaries.
5. Why is the Wildlife Protection Act considered significant?
A: The Act established wildlife advisory boards, wildlife wardens, and aided India’s accession to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), playing a pivotal role in conserving endangered animals and plants.
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