June 29, 2024
13 mins read

An Overview of the Wild Life Protection Act 1972

Wild Life Protection Act 1972, Lawforeverything

On this page you will read detailed information about Wild Life Protection Act 1972.

When you think of protecting wild animals, the Wild Life Protection Act likely comes to mind. Enacted in 1972, this seminal legislation aims to safeguard the habitats and populations of wildlife in India. As an engaged citizen, understanding the key tenets of this act allows you to appreciate the importance of conservation efforts. With this knowledge, you can also educate others and advocate for strengthened policies. In your role, you have the power to spread awareness about the Wild Life Protection Act and its role in preserving biodiversity for future generations. Through this article, you will gain valuable insight into the background and framework of this foundational wildlife conservation law. Let us delve into the intricacies of this act and its implications for India’s wildlife.

What Is the Wild Life Protection Act 1972?

The Wild Life Protection Act, passed in 1972, is one of India’s oldest wildlife conservation laws. It provides protection to wild animals, birds, and plants in the country. The act ensures the conservation of India’s biodiversity and protects endangered species from hunting, poaching, and habitat destruction.

Objectives

The main objectives of the Wild Life Protection Act are:

  • Protect wild animals, birds, and plants from extinction. The act provides protection to endangered species listed under Schedules of the act.
  • Protect and conserve wildlife habitats and eco-systems to ensure the survival of wildlife. The act aims to establish protected areas such as national parks and wildlife sanctuaries for wildlife conservation.
  • Control poaching and illegal trade of wildlife and wildlife products. The act regulates hunting, capturing, trade, and possession of wild animals and their body parts.
  • Promote conservation through collaborative management of wildlife and habitats. The act encourages community participation in wildlife conservation.

Provisions

Some of the important provisions in the Wild Life Protection Act are:

  • It prohibits hunting, capturing, and trapping of wild animals except for research or conservation purposes. Hunting is allowed only in specified hunting blocks.
  • It regulates the trade and possession of wildlife, wildlife trophies, and specified plants. Trade and possession are allowed only with proper authorization.
  • It provides protection to endangered species listed in Schedules of the act. Hunting and trade of these species are strictly prohibited.
  • It aims to establish a network of national parks, wildlife sanctuaries, and conservation reserves for wildlife protection and habitat conservation.
  • It provides for the constitution of wildlife advisory boards and wildlife wardens for advising state governments and implementing the provisions of the act.
  • It prescribes penalties for violation of its provisions in the form of fines and imprisonment. The penalties are made more stringent for offenses related to endangered species.

The Wild Life Protection Act is a comprehensive law for wildlife conservation in India. However, stronger enforcement and stricter penalties are needed to curb wildlife crimes more effectively. Continuous monitoring and periodic amendments are also required to strengthen the act.

History and Background of the Wild Life Protection Act

The Wild Life Protection Act was enacted by the Indian Parliament in 1972 to establish norms for the protection of wild plants and animals. It provides a strong legal framework for conservation and protection of wildlife in India. Prior to this act, hunting and poaching of wildlife was largely unregulated, leading to a rapid decline in India’s wildlife populations.

Need for New Legislation

The Indian Board for Wild Life, formed in 1952, recommended new legislation to regulate hunting and protect habitat. The Wild Life Protection Act banned hunting of mammals listed in Schedule I and regulated hunting of mammals listed in Schedule II and III. It established rules around hunting seasons, licenses and prohibited hunting in national parks and wildlife sanctuaries.

Amendments to the Act

The act has been amended several times to provide greater protection. In 1991, hunting of all mammals listed in Schedule II and III was banned. The schedules were also expanded to include more species. The amendment conferred more power to authorities and increased penalties for violating provisions of the act. In 2006, more species were added to the schedules and certain plant species were granted protection from exploitation.

Impact

The Wild Life Protection Act has had a profound impact on conservation of India’s wildlife. Populations of tigers, elephants, rhinos and other endangered species have stabilized and recovered in many protected areas. Poaching and illegal trade have declined, although they continue to threaten some highly prized species. Overall, the act has ensured long term survival of India’s natural heritage by regulating human activities that could adversely impact wildlife. With periodic amendments to strengthen its provisions, it remains a cornerstone of wildlife conservation in India.

In the previous post, we had shared information about An Overview of India’s Biological Diversity Act 2002, so read that post also.

Key Provisions and Schedules of the Act

Prohibition of Hunting

The Act prohibits hunting of wild animals listed in Schedule I. Hunting is only allowed for vermin as specified in Schedule V. The Chief Wildlife Warden can permit hunting in certain circumstances, such as if an animal has become dangerous to human life or property.

Protection of Habitats

The Act prohibits the alteration of wildlife habitats specified in Schedule II that would adversely affect the wildlife. However, the Chief Wildlife Warden can permit habitat alteration for development projects if there are no viable alternatives and mitigation steps are taken. The government can declare areas as sanctuaries, national parks or closed areas to provide protection.

Regulation of Trade

The Act regulates the trade and commerce of wild animals, animal products and trophies through a licensing system. Trade of animals listed in Schedule I and Part II of Schedule II is prohibited. Trade of other scheduled animals and their products is regulated and allowed only with a license from the Chief Wildlife Warden. The Act aims to curb illegal wildlife trade which poses a threat to many species.

Penalties for Violations

The Act levies significant penalties for violating its provisions, including imprisonment up to 7 years and fines up to Rs. 25,000. The penalties are more severe for hunting Schedule I animals. The Act empowers wildlife authorities to confiscate equipment, vehicles, tools used to commit the offence.

Schedules of the Act

The Act contains six schedules listing species, their status, and the level of protection accorded to them. Schedule I lists endangered species with the highest level of protection. Schedules III to VI list species that can be hunted or traded under certain conditions. The schedules are amended periodically based on the conservation status of species.

The Wildlife Protection Act aims to effectively protect India’s wildlife by regulating and managing species protection, hunting, trade, and habitat. Its key provisions and schedules comprehensively cover various aspects of wildlife conservation in India.

Conservation Efforts Enabled by the Wild Life Protection Act

Protecting Vulnerable Species

The Wild Life Protection Act aims to protect vulnerable plant and animal species in India. It provides a legal framework to prohibit hunting of endangered animals and take action against poaching. The act empowers the government to declare certain species as ‘protected’, thus protecting them from hunting, trapping, or trade. Some prominent species that have benefited include tigers, elephants, rhinos, etc. Strict penalties, including imprisonment, are prescribed for violation of the provisions of the act.

Creating Wildlife Sanctuaries

The act facilitates the establishment of wildlife sanctuaries and national parks to protect the natural habitats of wildlife. These protected areas provide shelter and breeding grounds for endangered species. They also help in preserving the delicate ecological balance between wildlife, vegetation, and the environment. Some well-known sanctuaries established under the act include Ranthambore National Park, Kanha National Park, etc.

Regulating Trade of Wildlife Products

The act regulates trade in wildlife products derived from certain animals to curb illegal poaching. It prohibits the trade of specified plants and animal articles like tiger skins, rhino horns, etc. Any trade or commerce in these contraband items is punishable under the act. This measure helps in reducing the demand for wildlife products and protects endangered species from rampant hunting for commercial gains.

Promoting Conservation

The Wild Life Protection Act promotes wildlife conservation in the country through various measures. It facilitates research and studies on wildlife to gain insights into rare species and formulate better conservation policies. The act also makes provisions for notifying certain species as ‘protected’ to curb their hunting and safeguard their habitats. Creating public awareness about wildlife protection is another important objective of the act. Various penalties and punishments prescribed in the act also act as deterrents against harming wildlife.

In summary, the Wild Life Protection Act aims to protect vulnerable species, regulate wildlife trade, establish protected areas and promote conservation through multiple initiatives. It continues to be the primary legislation protecting India’s wildlife. With strengthened implementation and enforcement, it can serve as an effective tool for wildlife preservation in the country.

Amendments Made to Strengthen the Act Over Time

Amendments in 1986

In 1986, the WPA was amended to ensure strict punishment for violation of the Act. The amendment increased penalties for hunting, poaching, and illegal trade of wildlife and their products. The amendment also empowered authorities to confiscate tools, vehicles, and weapons used to commit the wildlife crimes. These amendments strengthened the Act and helped curb poaching and illegal wildlife trade to a great extent.

Amendments in 1991

The Act was further amended in 1991 to regulate and control the trade of plants. The amendment brought regulation and control of trade in plants, especially medicinal plants, under the purview of the WPA. The step was taken to prevent overexploitation of valuable plant resources. The amendment also banned hunting of all birds during the breeding season. These changes strengthened protection and conservation of wildlife.

Amendments in 2006

In 2006, the WPA was amended to increase punishment for offences related to endangered species. The amendment increased jail term from 3 years to 7 years and fine from Rs. 25,000 to Rs. 50,000 for such offences. The amendment also introduced new categories of offences with enhanced punishment. For example, for a subsequent offence, the jail term was increased to 7-14 years and fine to Rs. 50,000-70,000. The amendment aimed at curbing illegal trade in endangered wildlife by prescribing harsher punishment.

The WPA has been amended several times to plug loopholes, increase protection, and strengthen conservation of wildlife. The amendments have enhanced penalties, widened the scope, and made the Act more stringent to improve protection of wildlife from poaching and illegal trade. Continuous effort is required to review and strengthen the WPA to adapt to changing scenarios and ensure comprehensive protection to India’s rich wildlife.

Implementation and Enforcement of the Wild Life Protection Act

The Wild Life Protection Act provides the legal framework to protect India’s wildlife. However, effective implementation and strict enforcement are required to truly safeguard endangered species and their habitats.

Staffing and Funding

Adequate staff and funding are essential for the effective management of protected areas and enforcement of wildlife laws. Currently, many sanctuaries and national parks face staff shortages, limiting patrolling and monitoring. Increased financial resources would allow for advanced training of frontline staff, modernized equipment, and incentives to curb poaching and illegal wildlife trade.

Cooperation Between Agencies

Close cooperation between the Forest Department, Police, Revenue Department, and Judiciary is needed to curb wildlife crimes. Poachers and illegal wildlife traders often operate across state boundaries, so inter-state cooperation is also required. Setting up dedicated wildlife crime cells and providing training on wildlife laws and identification of endangered species would improve enforcement.

Community Engagement

Local communities living near protected areas play a key role in protecting wildlife. Engaging communities through education and awareness programs helps build support for conservation. Providing economic incentives and alternative livelihood opportunities can discourage poaching and human-wildlife conflict. Compensation for losses due to wildlife can also help mitigate negative attitudes towards conservation.

Deterrent Punishments

The current penalties prescribed in the Wild Life Protection Act, especially for hunting endangered species, are insufficient deterrents. Stricter punishments, including heavy fines and prison sentences, are needed to curb poaching and illegal wildlife trade. The Act also needs to be amended to include new types of wildlife crimes, such as online trade of endangered species parts and derivatives.

To safeguard India’s precious wildlife, the Wild Life Protection Act must be backed by political will and adequate resources to strengthen protection, improve monitoring, and crack down on violations through cooperation, community support, and strict enforcement. Only then will this landmark legislation fulfill its goal to preserve our natural heritage for generations to come.

Current Challenges and Issues With the Wild Life Protection Act

The Wild Life Protection Act faces several significant challenges in effectively protecting India’s wildlife. Poaching and habitat destruction pose severe threats to many endangered species. The illegal wildlife trade has grown into a massive black market, fueled by demand for animal pelts, ivory, rhino horn, and other wildlife products. Although the act established numerous wildlife sanctuaries and national parks, many species still struggle due to encroachment, logging, mining, and pollution.

Additional issues weaken the effectiveness of the Wild Life Protection Act. Insufficient funding and staffing levels prevent proper enforcement of the law. Harsh penalties often are not imposed, and corruption allows some offenders to evade punishment. A lack of public awareness about wildlife conservation also hinders progress.

Some critics argue the act’s protectionist stance is outdated and limits scientific research and economic development. They claim regulated and sustainable use of wildlife can benefit conservation efforts. However, others counter that most species require strong protections to survive, and economic interests should not override environmental ones.

Amendments to the Wild Life Protection Act aim to address these challenges by increasing penalties for wildlife crimes, broadening the scope of protections, and enabling community participation in conservation. Still, without political will, adequate resources, and a shared vision for protecting India’s natural heritage, the survival of many species remains in jeopardy despite the law’s best intentions. Protecting wildlife requires a collaborative effort across all levels of society. By strengthening enforcement, incentivizing community involvement, and promoting sustainable environmental practices, India can better safeguard its wildlife for generations to come.

The Wild Life Protection Act serves a noble purpose but needs further reform and support to overcome the threats endangering India’s wildlife. With continuous effort and gradual improvements over the long term, the law can yet achieve its goal of ensuring “the ecological and environmental security of India” through conservation of biodiversity.

Recent Developments and Proposed Changes to the Act

The Wild Life Protection Act (WLPA) has undergone several amendments since its inception in 1972 to expand and strengthen the protection of wildlife in India. Most recently, in 2021, the WLPA 1972 was amended to include certain species of plants in the definition of “wild animals” to provide them protection. Some of the key developments and proposed changes to the Act are:

Inclusion of Plants

The 2021 amendment recognized specified plants as “wild animals” under the Act, thus extending protection to these plants and enabling authorities to curb their trade and exploitation. This move aims to protect rare, endemic and endangered plant species in India.

Increase in Punishments

The penalties for violating provisions of the WLPA have been increased over time to act as more effective deterrents. The latest amendments in 2021 enhanced the maximum punishment for various offenses under the Act to up to 7 years imprisonment and/or a fine of Rs. 5 lakh. Stronger penalties are expected to aid in curbing wildlife crimes.

Community Participation

There have been proposals to increase participation of local communities in wildlife conservation by providing them a share in the revenue generated from tourism in protected areas. This could incentivize communities to protect wildlife and minimize human-animal conflict. The proposals also include compensating communities for any damage to life or property due to wildlife.

Other Proposals

Other proposals for strengthening the WLPA include constituting a National Board for Wildlife with greater representation of wildlife experts, minimizing human activity in eco-sensitive zones around protected areas, and curbing deforestation in wildlife habitats. If implemented, these proposals can significantly bolster wildlife protection in India.

The WLPA 1972 and its amendments have been instrumental in protecting India’s wildlife. The recent and proposed changes to the Act show the government’s continued commitment to wildlife conservation and strengthening this important legislation. Overall, these developments are a step in the right direction to safeguard India’s biodiversity.

FAQs About the Wild Life Protection Act

The Wild Life Protection Act provides protection to wild animals, birds and plants. As a responsible citizen, it is important to understand the scope and key provisions of this Act.

The Wild Life Protection Act of 1972 is an act of the Parliament of India enacted for the protection of plants and animal species. The main objectives of the Act are:

  • Protect wild animals, birds and plants from extinction.
  • Control poaching and illegal trade of wildlife and their products.
  • Protect the habitat of wildlife by declaring certain areas as sanctuaries and national parks.
Q1: What wildlife species are protected under the Act?

The Act provides protection to wild animals, birds, plants as well as aquatic animals like corals, crustaceans etc. Some of the protected species include tiger, leopard, elephant, rhino, great Indian bustard, lion-tailed macaque, etc. The Act prohibits hunting, trading, or harming these protected species.

Q2: What are the key provisions of the Act?

Some of the important provisions of the Act are:
I) Prohibition of hunting protected species of wild animals.
II) Protection and management of wildlife habitats by declaring them as sanctuaries and national parks.
III) Regulating trade of wild animals, animal products and plants.
IV) Prohibition of damaging wildlife by poisoning or polluting the water bodies and habitats.
V) Strict penalties and punishments for violating the provisions of the Act.
VI) Constitution of wildlife advisory boards, wildlife wardens, and their powers and duties.

Q3: What are the penalties for violating the Act?

Any violation of the provisions of the Act is a punishable offense. The penalties may include imprisonment up to 7 years and/or fine up to Rs. 25,000. For certain grave offenses like killing or hunting endangered species, the imprisonment may extend up to 6 years. The penalties act as a deterrent for wildlife crimes in India.

In summary, the Wild Life Protection Act aims to effectively protect India’s wildlife by regulating and controlling poaching, trade, and habitat destruction. The Act has been instrumental in protecting many endangered species from extinction. However, stricter enforcement of the law is required to curb the menace of wildlife crimes in India.

Conclusion

In closing, through your understanding of the Wild Life Protection Act and its provisions to conserve plant and animal species, you have gained insight into India’s efforts to protect its natural heritage. With this knowledge, you are now equipped to thoughtfully participate in discussions on wildlife conservation policies and assess new proposals. As citizens, we each play a role in preserving biodiversity for future generations. Consider how you can apply what you have learned to make a positive difference, whether through advocacy, changes in personal habits, supporting relevant organizations, or other avenues. Our wildlife depends on informed, compassionate people taking action to protect their habitats and address threats. You now have the background knowledge to make your voice heard and contribute to shaping a sustainable future for the treasured wild species of India.

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