The Wildlife Protection Act, 1972 | Environmental Law - CLAT PG PDF Download

Introduction

India boasts a diverse range of wildlife. However, this wildlife is under threat, primarily due to human activities and environmental degradation caused by humans. Many species are on the brink of extinction. The interdependence of all living and non-living beings means that the extinction of one species can disrupt the ecological balance and threaten the survival of others.

Historical background

• During the time of Emperor Ashoka and philosophers like Buddha and Basavanna, there was a strong emphasis on compassion towards animals. Many religions also advocated for compassion towards all living beings.
• The British introduced various laws to protect wild species in India, including the Wild Birds Protection Act, 1887, and the Wild Birds and Animals (Protection) Act, 1912.
• After India gained independence, wildlife protection was a state subject according to the Constitution. This limited the Parliament's ability to enact wildlife protection laws unless Article 252 of the Constitution was invoked.

Preamble of the Wildlife (Protection) Act

• The Wildlife (Protection) Act aims to safeguard wild animals, birds, and plants, ensuring the ecological and environmental security of the country.

Key Measures Under the Act

• Hunting of all wild animals is prohibited.
• Protection of specific plants is ensured.
• Wildlife habitats are protected and managed through the establishment of Sanctuaries and National Parks.
• Trade in wildlife and products derived from wildlife is regulated and controlled.

Authorities under the Act

• Director of Wildlife Preservation: Appointed by the Central Government.
• Chief Wildlife Warden and Wildlife Wardens: Appointed by the State Government.
• National Board for Wildlife and State Board for Wildlife: These bodies oversee wildlife conservation efforts.

Functions of the National Board (Sec. SC)

1. The National Board is responsible for promoting the conservation and development of wildlife and forests.
2. The measures it may take include:
   • Framing policies and advising governments on wildlife conservation and combating poaching.
   • Recommending the establishment and management of national parks and sanctuaries.
   • Assessing the impact of projects on wildlife and habitats.
   • Reviewing progress in wildlife conservation and suggesting improvements.
   • Publishing a status report on wildlife in the country every two years.

Duties of State Board for Wildlife

• Advise the State Government on protected area selection and management.
• Formulate policies for the protection and conservation of wildlife and specific plants.
• Assist in amending any Schedule related to wildlife protection.
• Harmonize the needs of forest-dwelling communities with wildlife conservation efforts.
• Address any other wildlife protection matters referred by the State Government.

Prohibition of Hunting

• Section 9 of the Wildlife (Protection) Act (WLPA) aims to protect wildlife by prohibiting hunting. The term 'hunting' is broadly defined to include capturing, killing, poisoning, snaring, and trapping. For wild birds or reptiles, it also encompasses damaging or disturbing their eggs or nests.
• However, the prohibition of hunting under WLPA is not absolute. It can be permitted under certain specified circumstances and following prescribed procedures.
• WLPA has four schedules that categorize wild animals and birds based on the degree of protection they require. Hunting of wildlife included in these schedules requires prior permission from the Chief Wildlife Warden appointed by the state government.
• Schedule I: Stringent restrictions apply. Hunting is allowed only if an animal is dangerous to human life or is disabled or diseased beyond recovery.
• Schedules II, III, and IV: Hunting may be permitted if animals pose a threat to human life, property, or if they are disabled or diseased beyond recovery. Hunting for educational, scientific research, or other specified purposes also requires permission.
• The Chief Wildlife Warden can permit hunting of specified plants with similar restrictions. The Act prohibits destruction or damage to specified plants but allows acquisition or collection with permission for educational and scientific research purposes.
• Trading in specified plants is not allowed, and unauthorized purchasing of such plants is an offence under the Act.

Protected Areas (Sec. 18-34)

• A "Protected Area" includes National Parks,Sanctuaries,Conservation Reserves, and Community Reserves. The State Government can declare areas of significant ecological, faunal, floral, geomorphological, natural, or zoological importance as Sanctuaries or National Parks.
• Before declaring an area as a Sanctuary or National Park, the State Government must determine the existing rights of individuals over the land within the proposed protected area. If rights are confirmed, the government has three options:
  • Declare the protected area after excluding the land.
  • Acquire the land by paying compensation.
  • Allow the continuation of rights within the Sanctuary.
• Protected Areas have strict regulations, allowing minimal human activity except for wildlife conservation purposes. For instance, entry to a Sanctuary is generally prohibited, with exceptions for specific individuals such as public servants on duty or those with rights over immovable property within the Sanctuary.
• The Chief Wildlife Warden can grant permits for entry or residence in a Sanctuary for purposes like wildlife investigation, photography, scientific research, and tourism.
• While grazing and private tenurial rights are not allowed in National Parks, they may be permitted in Sanctuaries at the Chief Wildlife Warden's discretion. Commercial exploitation of forest produce is prohibited in both National Parks and Sanctuaries, and local communities can collect forest produce only for their genuine needs.
• The establishment of Protected Areas marks a significant advancement in wildlife conservation in India. However, there are limitations in the implementation of Protected Areas:
  • Protected Areas are not always delineated according to ecological boundaries.
  • Many Protected Areas are too small to sustain rich genetic resources and ecological processes.
  • Commercial interests and development pressures continue to impact Protected Areas, leading to habitat fragmentation.
  • Delays in settling rights and finalizing notifications for Protected Areas.
  • The legal framework does not recognize ecological corridors, which are crucial for species well-being.
  • Limited focus on special habitats like mountains, wetlands, marine areas, and deserts.
  • Inadequate funding for the management of Protected Areas.

CITES 1973

• The issue of illegal wildlife trade has been a significant concern for the international community since the 1960s. This concern led to the adoption of the Convention on International Trade in Endangered Species(CITES) in 1973, which came into force on July 1, 1975. India has been a signatory to CITES since 1976, making it legally obligated to control international trade in wildlife.
• The lucrative foreign market for wildlife and wildlife products is a major driver of illegal poaching and killing of wildlife in India. This necessitates strict legal measures to prevent hunting of wildlife within India and to curb international transportation of wildlife.
• The Wildlife (Protection) Act (WLPA) prohibits trade in wildlife, wildlife articles, and trophies within the country. The 1986 amendment expanded this prohibition, and the 1991 amendment further prohibited the import of ivory and ivory articles.
• Under section 17A of WLPA, the collection or trade in specified plants (whether alive, dead, or part or derivative) listed in Schedule VI of the Act is prohibited from any forest land and any area specified by the Central Government.
• Trade in scheduled animals/animal articles covered under Schedule I and Part II of Schedule II, including some invertebrates like insects, corals, and sea cucumbers, is also prohibited under the Act.

National Wildlife Crime Control Bureau

• The National Wildlife Crime Control Bureau(NWCB) was established in 2007 to tackle organized wildlife crime in India. Its headquarters are in New Delhi, with regional offices in Delhi,Kolkata,Mumbai,Chennai, and Jabalpur, as well as sub-regional offices in Guwahati,Amritsar, and Cochin, and border units in Ramanathapuram,Gorakhpur,Motihari,Nathula, and Moreh.
• The key functions of the NWCB, as outlined in section 38(Z) of WLPA, include:
  • Collecting and collating intelligence on organized wildlife crimes and disseminating it to state and enforcement agencies for immediate action to apprehend criminals.
  • Establishing a centralized wildlife crime data bank.
  • Coordinating actions by various agencies in enforcing WLPA provisions.
  • Assisting foreign authorities and international organizations in coordinating and taking universal action against wildlife crime.
  • Advising the Government of India on wildlife crime issues with national and international implications, relevant policies, and laws.

Central Zoo Authority

• Chapter IVA of WLPA establishes the Central Zoo Authority, which is responsible for recognizing or derecognizing zoos in India. The Authority sets standards for animal care in zoos and identifies endangered species for captive breeding, assigning responsibilities to zoos for this purpose.

National Tiger Conservation Authority

• The National Tiger Conservation Authority(NTCA) was established in 2006. Its key functions include approving tiger conservation plans prepared by State Governments, evaluating and assessing aspects of sustainable ecology, disallowing ecologically unsustainable land uses like mining and industry within tiger reserves, laying down standards for tourism activities in core areas of tiger reserves, and providing scientific, information technology, and legal support for implementing tiger conservation plans.

Implementation Challenges and the Role of the Judiciary

• The implementation of the Wildlife (Protection) Act(WLPA) faces various challenges. The higher judiciary in India has played a crucial role in facilitating WLPA's implementation and giving progressive interpretations to its provisions.
• In the case of Centre for Environmental Law, WWF v. Union of India, the Supreme Court addressed the issue of state governments' inaction in implementing WLPA. The Court directed states to establish Wildlife Advisory Boards and appoint Wildlife Wardens. It also intervened when states failed to finalize notifications for Protected Areas.
• The judiciary has also engaged in rule-making, such as in Centre for Environmental Law, WWF v. Union of India(1997), where the Supreme Court set rules for de-notifying Protected Areas. The Court directed states to refer de-notification proposals to the Indian Board for Wildlife(IBWL) and present them to the Legislative Assembly.
• The Supreme Court ordered the Central and state governments to provide modern arms and communication tools to forest guards in sanctuaries and national parks to combat poaching.
• The judiciary has monitored development activities in protected areas and approved or monitored them.
• In the case of Ivory Traders and Manufacturers Association v. Union of India, the judiciary upheld the 1991 amendment of WLPA that prohibits trade in imported ivory, reinforcing the pro-environment, pro-wildlife stance.

Trade or Commerce in Wild Animals, Animal Articles, and Trophies

• The term "trophy" refers to any part of a captive or wild animal, excluding vermin, preserved by any means, including rugs, skins, and taxidermy specimens. An "uncured trophy" is a part of a captive animal not subjected to taxidermy, including freshly killed wild animals, ambergris, musk, and other animal products.
• According to Sec. 39 of the Act, every wild animal (except vermin) hunted, kept, bred in captivity, or found dead or killed by mistake, becomes the property of the State Government. Similarly, animal articles, trophies, uncured trophies, meat from wild animals, imported ivory, and seized vehicles, vessels, weapons, traps, or tools used in committing an offence are also the property of the state government. If found in a sanctuary or National Park declared by the Central Government, they become the property of the Central Government.
• In Rajendra Kumar v Union of India AIR 1998 RAJ165, the petitioner challenged the ban on importing ivory and ivory articles under the Act, claiming it affected his livelihood and trade freedom under Article 19.