The Wildlife Protection Act of 1972 stands as a landmark legislation in India, aimed at safeguarding the diverse flora and fauna of the nation. Enacted to provide stringent protection to wildlife and their habitats, the act emerged amidst growing concerns over the rapid depletion of India’s rich biodiversity due to human activities like habitat destruction, poaching, and illegal wildlife trade. This comprehensive law not only prohibits hunting and exploitation of endangered species but also establishes protected areas and outlines measures for their conservation and management. With its robust framework and provisions, the Wildlife Protection Act has played a pivotal role in preserving India’s natural heritage and fostering efforts towards sustainable coexistence between humans and wildlife.
HISTORICAL BACKGROUND
- India holds the distinction of being the first country globally to incorporate measures for environmental preservation and conservation within its constitution.
- The initiation of wildlife protection laws traces back to the British Indian Government, which enacted the pioneering Wild Birds Protection Act in 1887.
- This legislation aimed to prohibit the ownership and sale of specific wild birds captured or killed during their nesting periods.
- Subsequently, in 1912, the Wild Birds and Animals Protection Act was introduced, and it underwent revision in 1935 with the enactment of the Wild Birds and Animals Protection (Amendment) Act.
- During the era of British rule (British Raj), wildlife conservation was not a focal point.
- It wasn’t until 1960 that concerns about wildlife conservation and preventing the extinction of certain species gained prominence.
- In response to these growing concerns, the Indian Parliament passed the Wildlife (Protection) Act in 1972.
- This landmark legislation serves as a foundational model law, primarily focusing on birds and animals listed in its Schedule.
- The Wildlife (Protection) Act of 1972 provides the framework for the conservation and safeguarding of India’s diverse wildlife, encompassing flora and fauna.
- While initially modest in scope, the Act has evolved to encompass a range of specified animal, bird, and plant species.
- Moreover, it facilitates the establishment of ecologically significant protected areas across the country.
- The statute empowers state governments to undertake measures for the conservation and preservation of animals and birds.
- Additionally, the Act explicitly prohibits the capture, slaughter, sale, purchase, or possession of animals, including their plumage.
SALIENT FEATURES
- The Wildlife Protection Act of 1972 is the culmination of a protracted evolution that commenced in 1887 with the safeguarding of select wild birds.
- Over time, it expanded its ambit to include wild animals in 1912 and specific plants in 1919.
- Eventually, it encompassed almost all wildlife resources necessitating protection and management.
- Wildlife, initially categorized under ‘forests,’ was under state jurisdiction until the Parliament enacted this legislation in 1972, subsequently placing it under the Concurrent List.
- The Act assesses the risk to the survival of wildlife (fauna) categorized in Schedules I through V, assigning them corresponding levels of protection.
- Animals listed in the Schedule are granted complete protection from hunting, with strict regulation of trade and commerce involving such animals.
- The Wildlife (Protection) Amendment Act of 1991 introduced specific plant species into Schedule VI for protection. Amendments to the Act are considered by an expert committee appointed by the Indian Board of Wildlife.
- A significant shift occurred with the 1991 amendment, substantially reducing the powers of state governments. They are no longer authorized to declare any wild animal as vermin. Additionally, mandatory livestock immunization within a 5-kilometer radius of a National Park or sanctuary was instituted.
SIGNIFICANCE
The Wildlife Protection Act of 1972 holds significant importance in India’s efforts to safeguard its rich biodiversity. Here are key aspects highlighting its significance:
- Establishment of Wildlife Advisory Boards and Wildlife Wardens:
- The Act sets up wildlife advisory boards and defines the roles and responsibilities of wildlife wardens, creating a structured framework for wildlife conservation efforts.
- International Collaboration through CITES:
- The Act facilitated India’s participation in the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), a global agreement aimed at protecting endangered animals and plants.
- Census of Endangered Species:
- It led to the compilation of a comprehensive inventory of the country’s endangered animals, providing valuable data for conservation and management strategies.
- Prohibition of Hunting Endangered Species:
- The Act makes it illegal to hunt endangered species, offering crucial protection to these vulnerable populations.
- Illegal Trade Prevention:
- It prohibits the trade of scheduled animals, aiming to curb illegal activities that threaten the survival of various wildlife species.
- Regulation of Ownership with Licensing:
- The Act authorizes the sale, transfer, and ownership of specific animal species, subject to licensing, ensuring responsible and legal possession.
- Establishment of the Central Zoo Authority:
- The regulations laid down by the Act paved the way for the creation of the Central Zoo Authority in 1992, serving as the central body responsible for overseeing zoos in India.
- Schedules for Varied Protection Levels:
- The Act introduced six schedules, each providing different levels of protection to various groups of flora and fauna. Schedules I and II (Part II) offer total protection, with severe penalties for offenses under these schedules.
- Classification of Hunted Species:
- The schedules also classify species that may be hunted, contributing to the conservation strategy by regulating activities that could impact wildlife populations.
BODIES CONSTITUTED UNDER THIS ACT
1. National Board for Wildlife (NBWL):
- Established by the Government of India, the NBWL serves as the governing authority for all wildlife-related matters.
- Responsibilities include approving projects within and around national parks and sanctuaries.
- Chaired by the Prime Minister, with the Vice-Chairperson being the Minister of Environment, Forests, and Climate Change.
- Functions in a consultative role, advising the government on wildlife conservation policies.
- The NBWL’s Standing Committee approves projects within protected wildlife areas or within a 10-kilometer radius, chaired by the Minister of Environment, Forests, and Climate Change.
2. State Board for Wildlife (SBWL):
- Constituted by state governments, the SBWL is chaired by the state/Chief UT’s Minister.
- Provides advice to the state government on:
- Selection and administration of sites designated as protected areas.
- Development of policies for wildlife preservation and conservation.
- Issues related to the alteration of any Schedule under the Wildlife Protection Act.
3. Central Zoo Authority:
- Established under the act, the Central Zoo Authority consists of ten members, including the Chairperson and a Member-Secretary.
- The Environment Minister serves as the Chairperson.
- Responsible for granting recognition to zoos and regulating them nationwide.
- Formulates norms and procedures for the national and global movement of animals between zoos.
4. National Tiger Conservation Authority (NTCA):
- Formed in 2005 based on recommendations from the Tiger Task Force to enhance tiger conservation efforts.
- Chaired by the Union Environment Minister, with the Vice-Chairperson being the State Environment Minister.
- Recommends areas for designation as Tiger Reserves, with around 50 wildlife sanctuaries designated as Tiger Reserves in India under the Wildlife Protection Act of 1972.
5. Wildlife Crime Control Bureau (WCCB):
- Established to combat organised wildlife crime, with its headquarters in New Delhi.
- Mandated to collect and analyze intelligence related to organised wildlife crime and facilitate the apprehension of offenders.
- Aims to create a comprehensive data bank for wildlife crime, assist state governments in prosecuting wildlife crimes, and advise the Government of India on policies and regulations related to wildlife crimes with national and international implications.
CHALLENGES
- Lack of Awareness:
- Despite its existence for over 50 years, the Act has struggled to effectively reach the masses, resulting in a lack of awareness regarding wildlife conservation and associated laws.
- Human-Wildlife Conflict:
- The increase in human population and encroachment into wildlife habitats has led to a rise in human-wildlife conflicts, often resulting in the illegal killing of wildlife, which is against the provisions of the WPA.
- Illegal Wildlife Trade:
- India faces a significant challenge in combating illegal wildlife trade, posing a major threat to the country’s wildlife. Stringent laws notwithstanding, poaching and the illicit trade in wildlife products persist.
- Lack of Coordination:
- There is often a lack of coordination between the forest department and other government agencies such as the police, customs, and revenue departments. This hinders effective enforcement of the WPA and the suppression of illegal wildlife trade.
- Inadequate Penalties:
- Penalties for wildlife crimes prescribed by the WPA are considered insufficient to serve as a deterrent. Fines and sentences are often perceived as too lenient, making it challenging to deter potential offenders effectively.
- Lack of Community Participation:
- Successful wildlife conservation efforts require active participation from local communities. However, there is frequently a lack of involvement and engagement from local communities in wildlife conservation initiatives.
- Climate Change:
- Climate change poses a significant threat to wildlife habitats, potentially leading to new challenges for existing wildlife. The WPA needs to incorporate considerations for the impact of climate change on wildlife and their habitats.
FAQs: Wildlife Protection Act 1972
Q1: When did India initiate measures for environmental preservation, and what was the first wildlife protection law?
A: India took the lead globally by incorporating environmental preservation measures in its constitution. The first wildlife protection law was the Wild Birds Protection Act, enacted in 1887 by the British Indian Government.
Q2: What was the objective of the Wild Birds Protection Act of 1887?
A: The legislation aimed to prohibit the ownership and sale of specific wild birds captured or killed during their nesting periods.
Q3: When did the Indian Parliament pass the Wildlife (Protection) Act, and what does it primarily focus on?
A: The Indian Parliament passed the Wildlife (Protection) Act in 1972, focusing primarily on birds and animals listed in its Schedule.
Q4: What is the significance of Schedules I through V in the Wildlife Protection Act of 1972?
A: These schedules assess the risk to the survival of wildlife (fauna) and assign corresponding levels of protection, with Schedule I and II (Part II) offering total protection.
Q5: How did the 1991 amendment to the Act impact state governments’ powers?
A: The 1991 amendment significantly reduced the powers of state governments, prohibiting them from declaring any wild animal as vermin.
Q6: What is the role of the Wildlife Advisory Boards and Wildlife Wardens established by the Act?
A: These bodies provide a structured framework for wildlife conservation efforts, advising on policies and overseeing conservation activities.
Q7: How did the Wildlife (Protection) Act facilitate international collaboration?
A: It aided India’s accession to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), aimed at conserving endangered animals and plants.
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