The Wild Life (Protection) Act, 1972 is an Act of the Indian Parliament designed to conserve plant and animal species. The Wildlife (Protection) Act, 1972 governs wildlife conservation and protection in India. The Act arose during a period in India when environmental law was quickly expanding. The Act was created with the understanding that prior legislation, such as the Wild Birds and Animals Protection Act of 1912, were insufficient. The current Act is comprehensive and fills all gaps left by previous legislation. This article will explain to you about the Wild Life Protection Act 1972 which will be helpful in preparing the Environment Syllabus for the UPSC Civil Service exam.
Background
Wild Life Protection Act 1972 - Background
- India is the first country in the world to include measures for environmental preservation and conservation in its constitution.
- The British Indian Government passed first such law, the Wild Birds Protection Act, 1887, in 1887.
- The law attempted to make the ownership and sale of specific wild birds killed or caught during a nesting period illegal.
- A second law, the Wild Birds and Animals Protection Act, was passed in 1912.
- This was revised in 1935 with the passage of the Wild Birds and Animals Protection (Amendment) Act 1935.
- Wildlife conservation was not a priority during the British Raj. Only in 1960 did the question of wildlife conservation and preventing specific species from becoming extinct come to the forefront.
- In 1972, the Indian Parliament passed the Wildlife (Protection) Act, which allows for the conservation and protection of the country's wildlife (flora and fauna).
- The Act is a modest piece of model law that only addressed birds and animals listed in the Act's Schedule.
- This Act allows for the protection of a number of specified animal, bird, and plant species, as well as the development of a network of ecologically significant protected areas throughout the country.
- According to the statute, it allowed state governments the authority to conserve and preserve animals and birds.
- The act also made it illegal to capture, slaughter, sell, buy, or possess animals, including their plumage.
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Other Relevant Links
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| The major achievements of National Forest Policy, 1988 |
Environment (Protection) Act, 1986 |
| National Forest Policy 1988 |
Biological Diversity Act, 2002 |
| The Scheduled Tribes And Other Traditional Forest Dwellers (Recognition Of Forest Rights) Act, 2006 |
Green Highways (Plantation, Transplantation, Beautification & Maintenance) Policy - 2015 |
| Chemical Safety |
Coastal Regulation Zone, 2011 |
| Island Protection Zone Notification, 2011 |
Solid Waste Management Rules, 2016 |
| Hazardous Waste Management Rules, 2016 |
Plastic Waste Management Rules, 2016 |
| Bio-Medical Waste Management Rules, 2016 |
E-Waste Management Rules, 2016 |
| Construction And Demolition Waste Management Rules, 2016 |
Wetlands (Conservation and Management) Rules 2017 |
| National Green Tribunal (NGT) |
The Ozone Depleting Substances Rules |
Constitutional Provisions
Wildlife Act - Constitutional Provisions
- Article 48A of the Indian Constitution instructs the state to maintain and promote the environment, as well as to protect animals and forests.
- The 42nd Amendment to the Constitution was ratified in 1976.
- Article 51A imposes several essential obligations on the Indian people.
- One of them is to care for and safeguard the natural environment, which includes woods, lakes, rivers, and animals, as well as to have compassion for all living things.
- The Act has been amended in 1982, 1986, 1991, and 1993 to include provisions for its effective implementation.
Need
Need for Wildlife Protection Act 1972
- The rapid decline of India's wild animals and birds, one of the country's richest and most diverse wildlife resources, has been a major source of concern.
- Areas that were once teeming with wildlife have become devoid of it, and wildlife protection in sanctuaries and National Parks needs to be improved.
- The Wild Birds and Animals Protection Act of 1935 is completely out of date.
- Existing laws are not only out of date, but also provide punishments that are not proportionate to the offence and financial benefits that result from poaching and trade in wildlife produce.
- A significant reduction in flora and fauna can generate ecological imbalance, affecting many elements of climate and the environment.
- This needed to be improved since the sanctions meted out to poachers and traffickers of wildlife items were disproportionate to the enormous financial gains they get.
- Prior to the passage of this Act, India had just five national parks.
Salient Features
Wildlife Protection Act 1972 - Salient Features
- The Wildlife Protection Act of 1972 is the result of a long-running process that began in 1887 with the protection of a few wild birds and expanded to include wild animals in 1912 and specific plants in 1919, eventually covering almost all wildlife resources that require protection and management.
- Wildlife is a component of 'forests,' and it was a state topic until Parliament approved this legislation in 1972. It is now a Concurrent List.
- The risk of survival of the wildlife (fauna) listed in Schedules I through V is rated accordingly.
- Animals included in the Schedule are completely protected from hunting, and trade and commerce involving such animals is strictly regulated.
- The specified plant species to be protected by the Wildlife (Protection) Amendment Act of 1991 have been added to schedule VI.
- The Indian Board of Wildlife appoints an expert committee to consider amendments to the Act as needed.
- With the amendment of the Act in 1991, the powers of the state governments were almost completely removed.
- State governments are no longer authorised to declare any wild animal a vermin. Furthermore, livestock immunisation has been made mandatory within a 5-kilometer radius of a National Park or sanctuary.
Significance
Wildlife Protection Act 1972 - Significance
- The Act establishes wildlife advisory boards and wildlife wardens, as well as their authorities and tasks.
- It aided India's accession to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).
- CITES is a multinational pact designed to conserve endangered animals and plants.
- It was approved as a consequence of a gathering of IUCN members and is also known as the Washington Convention.
- For the first time, a thorough inventory of the country's endangered animals was compiled.
- The Act made it illegal to hunt endangered species.
- The terms of the Act make it illegal to trade scheduled animals.
- The Act authorises the sale, transfer, and ownership of certain animal species in exchange for a licence.
- Its regulations laid the groundwork for the establishment of the Central Zoo Authority.
- This is the central organisation in charge of zoo monitoring in India. It was founded in 1992.
- The Act established six schedules that provided varied degrees of protection to various groups of flora and animals.
- Schedule I and Schedule II (Part II) are given total protection, and offences committed under these schedules carry the worst punishments.
- Species that may be hunted are also listed in the schedules.
Various Bodies
Various Bodies Constituted under Wild Life Protection Act 1972
National Board for Wildlife (NBWL)
- According to the statute, the National Board for Wildlife (NBWL) should be established by the government of India.
- It acts as the governing authority for all wildlife-related issues including the approval of projects in and surrounding national parks and sanctuaries.
- The Prime Minister chairs the NBWL, which is in charge of promoting wildlife and forest conservation and development.
- The Vice-Chairperson of the board is the Minister of Environment, Forests, and Climate Change.
- The board's role is purely consultative, and it can only advise the government on wildlife conservation policies.
- The NBWL has a Standing Committee with the purpose of approving any projects that lie inside protected wildlife areas or are within 10 kilometres of them.
- The Minister of Environment, Forests, and Climate Change chairs the committee.
State Board for Wildlife (SBWL)
- The constitution of the state board of wildlife is the responsibility of the state governments.
- The board is chaired by the state/Chief UT's Minister.
- The board provides advice to the state government in the following areas:
- The selection and administration of sites to be designated as protected areas.
- The development of a policy for the preservation and conservation of wildlife.
- Any issue concerning the alteration of any Schedule.
Central Zoo Authority
- The act establishes the Central Zoo Authority, which will have ten members, including the Chairperson and a Member-Secretary.
- The chairperson is the Environment Minister.
- The authority grants zoos recognition and is also in charge of regulating zoos around the country.
- It establishes norms and procedures for the movement of animals between zoos on a national and worldwide scale.
NTCA
National Tiger Conservation Authority (NTCA)
- Following the Tiger Task Force's recommendations, the National Tiger Protection Authority (NTCA) was established in 2005 to improve tiger conservation.
- The Chairperson of NTCA is the Union Environment Minister, while the Vice-Chairperson is the State Environment Minister.
- On the advice of the NTCA, the Central Government designates an area as a Tiger Reserve.
- In India, around 50 wildlife sanctuaries have been classified as Tiger Reserves and are protected places under the Wildlife Protection Act of 1972.
WCCB
Wildlife Crime Control Bureau (WCCB)
- The act established the Wildlife Crime Control Bureau (WCCB) to combat organised wildlife crime in the country.
- The Bureau's headquarters are in New Delhi.
- Its mandate is to collect and analyse intelligence connected to organised wildlife crime operations and convey it to the state in order for the offenders to be apprehended.
- Create a single data bank for wildlife crime.
- Assist state governments in ensuring the success of wildlife crime prosecutions.
- Advise the Government of India on wildlife crimes with national and international implications, as well as associated policies and regulations.
Protected Areas
Protected Areas under the Wildlife Protection Act 1972
- According to the Act, there are five categories of protected places.
- Sanctuaries
- National Parks
- Conservation Reserves
- Community Reserves
- Tiger Reserves
Sanctuaries
- A sanctuary is a safe haven where injured, abandoned, and abused wildlife may dwell in peace in their natural habitat without human intervention.
- They are naturally existing zones that safeguard endangered animals from poaching, hunting, and predation.
- Animals are not bred for commercial purposes here.
- The species is safe from any kind of interference.
- Animals may not be captured or killed within the sanctuaries.
- The State government declares a wildlife sanctuary by a Notification. A Resolution of the State Legislature can change the boundaries.
- Human activities such as wood harvesting, gathering minor forest products, and private property rights are authorised as long as they do not jeopardise the well-being of the animals. Human action is restricted.
- They are accessible to the general public. However, persons are not permitted to go alone.
- There are restrictions on who can enter and/or remain inside the sanctuary's boundaries.
- Only public workers (and their families), people who own immovable property within, and others are permitted.
- People travelling on motorways that pass through sanctuaries are also permitted inside.
- Examples include the Indian Wild Ass Sanctuary (Rann of Kutch, Gujarat); the Vedanthangal Bird Sanctuary in Tamil Nadu (the country's oldest bird sanctuary); and the Dandeli Wildlife Sanctuary (Karnataka).
National Parks
- National Parks are locations designated by the government to protect the natural environment. A national park is more restricted than a wildlife refuge.
- The State government may declare national parks via Notification. No changes to the borders of a national park may be made without the approval of the State Legislature.
- The primary goal of a national park is to maintain the natural ecosystem of the region and to conserve biodiversity.
- National parks preserve the scenery, animals, and vegetation in their natural condition.
- Their limits are set and specified. No human activity is permitted here.
- Livestock grazing and private tenurial rights are not authorised.
- Species included in the Wildlife Act's Schedules are not permitted to be hunted or taken.
- Bandipur National Park in Karnataka, Hemis National Park in Jammu and Kashmir, and Kaziranga National Park in Assam are a few examples.
Conservation Reserves
After engaging with local people, the State government may proclaim an area (especially those next to sanctuaries or parks) as a conservation reserve.
Community Reserves
After consulting with the local community or a person who has volunteered to protect wildlife, the State government may establish any private or communal land as a community reserve.
Tiger Reserves
- In India, these places are designated for the preservation and conservation of tigers.
- They are declared based on the National Tiger Conservation Authority's recommendations.
- In India, there are 53 tiger reserves regulated by Project Tiger, which is administered by the National Tiger Conservation Authority (NTCA).
- Some examples are Nagarjunsagar Srisailam, Namdapha National Park, Kamlang Tiger Reserve, and Pakke Tiger Reserve.
Schedules
Schedules of the Wildlife Protection Act
The Wildlife Protection Act has six schedules.
Schedule I
- This Schedule deals with endangered species.
- Because these species require strict protection, the greatest punishments for law violations are listed in this Schedule.
- Species listed in this Schedule are forbidden from being hunted in India, unless they pose a threat to human life.
- Species on this list have absolute protection.
- It is illegal to trade these animals.
- Tiger, blackbuck, Himalayan Brown Bear, Brow-Antlered Deer, Blue whale, Common Dolphin, Cheetah, Clouded Leopard, hornbills, Indian Gazelle, and other animals are examples.
Schedule II
- Animals on this list are also given special protection.
- Their business is illegal.
- They cannot be hunted unless there is a threat to human life.
- Kohinoor (insect), Assamese Macaque, Bengal Hanuman langur, Large Indian Civet, Indian Fox, Larger Kashmir Flying Squirrel, Kashmir Fox, and more species are examples.
Schedule III & IV
- This list only includes species that are not endangered.
- This includes protected species, however the punishment for infringement is less severe than in the previous two schedules.
- Hyena, Himalayan rat, porcupine, flying fox, Malabar tree toad, etc. are some examples.
Schedule V
- This list includes animals that can be hunted.
- Mice, rats, common crows, fruit bats, and other animals are examples.
Schedule VI
- This list comprises plants that are not allowed to be cultivated.
- Pitcher plant, blue vanda, red vanda, kuth, and more examples.
Conclusion
Conclusion
The Indian Parliament passed the Wild Life (Protection) Act in 1972 to protect plant and animal species. It is one of the fundamental duties under our constitution is to protect and conserve the environment.The Act was enacted at a time in India when environmental legislation was rapidly increasing. The Act established wildlife advisory boards and wildlife wardens, as well as their powers and responsibilities.
FAQs
FAQs
Question: What is the Wild Life Protection Act of 1972?
Answer: The Wild Life Protection Act of 1972 is an Indian legislation aimed at ensuring the protection of wild animals and plants, and to preserve their habitats. It establishes a framework for the conservation of wildlife and aims to prevent poaching and illegal trade of animals and their parts.
Question: What are the main objectives of the Wild Life Protection Act?
Answer: The primary objectives of the Wild Life Protection Act include: (1) Protection of endangered species and their habitats, (2) Regulation of hunting and trade of wildlife, (3) Establishment of protected areas such as national parks and wildlife sanctuaries, and (4) Promoting biodiversity conservation and ensuring ecological balance.
Question: How does the Act regulate hunting?
Answer: The Wild Life Protection Act prohibits hunting of specified wild animals and provides a framework for issuing licenses for hunting under certain conditions. It also outlines penalties for violations and establishes protected areas where hunting is entirely forbidden.
Question: What role do national parks and wildlife sanctuaries play under the Act?
Answer: National parks and wildlife sanctuaries, established under the Wild Life Protection Act, serve as designated areas for the conservation of wildlife and their habitats. These protected areas help in safeguarding biodiversity, providing a safe environment for endangered species, and promoting ecotourism and research activities.
Question: How does the Act address the issue of wildlife trade?
Answer: The Wild Life Protection Act prohibits the trade of endangered species and regulates the trade of certain other species. It establishes provisions for the management of wildlife trade through licensing, monitoring, and enforcement mechanisms to prevent illegal trafficking of wildlife and their parts.
MCQs
1. In which year was the Wild Life Protection Act enacted?
A. 1961
B. 1972
C. 1985
D. 1990
Answer: (B) See the Explanation
The Wild Life Protection Act was enacted in 1972 to provide for the protection of wild animals and plants and to ensure the conservation of their habitats.
2. Which of the following animals is protected under the Wild Life Protection Act?
A. Common Crow
B. Indian Elephant
C. Domestic Cat
D. House Mouse
Answer: (B) See the Explanation
The Indian Elephant is protected under the Wild Life Protection Act, as it is classified as a schedule I animal, which receives the highest level of protection due to its endangered status.
3. What is the purpose of establishing wildlife sanctuaries under the Act?
A. To allow hunting
B. To promote agriculture
C. To protect biodiversity
D. To facilitate urban development
Answer: (C) See the Explanation
The purpose of establishing wildlife sanctuaries under the Act is to protect biodiversity and provide a safe habitat for wild animals and plants, thus contributing to conservation efforts.
4. Which schedule of the Wild Life Protection Act includes endangered species?
A. Schedule I
B. Schedule II
C. Schedule III
D. Schedule IV
Answer: (A) See the Explanation
Schedule I of the Wild Life Protection Act includes endangered species, which are granted the highest level of protection against hunting and trade.
5. What are the penalties for violating the Wild Life Protection Act?
A. No penalties
B. Monetary fines only
C. Imprisonment and fines
D. Community service
Answer: (C) See the Explanation
Violating the Wild Life Protection Act can lead to penalties that include both imprisonment and monetary fines, depending on the severity of the offense.
GS Mains Questions and Model Answers
1. Analyze the impact of the Wild Life Protection Act, 1972 on biodiversity conservation in India.
Answer: The Wild Life Protection Act, 1972 has had a significant impact on biodiversity conservation in India by establishing a legal framework for the protection of wild animals and their habitats. The Act has facilitated the creation of numerous national parks and wildlife sanctuaries, thereby providing safe havens for endangered species and promoting ecosystem balance. It has also helped raise awareness about the importance of wildlife conservation among the public and policymakers. However, challenges such as poaching, habitat loss, and human-wildlife conflict persist, necessitating stricter enforcement of the Act and the incorporation of community involvement in conservation efforts to enhance its effectiveness.
2. Discuss the role of wildlife sanctuaries and national parks established under the Wild Life Protection Act in promoting ecotourism.
Answer: Wildlife sanctuaries and national parks established under the Wild Life Protection Act play a crucial role in promoting ecotourism, which is a sustainable form of tourism focused on experiencing natural environments. These protected areas attract tourists who seek to observe wildlife in their natural habitats, contributing to the local economy and encouraging conservation efforts. Ecotourism raises awareness about biodiversity and environmental issues, creating a sense of responsibility among visitors. Furthermore, revenue generated from ecotourism can be reinvested into conservation projects and local communities, fostering a collaborative approach to wildlife protection and sustainable development.
3. Evaluate the challenges faced in the implementation of the Wild Life Protection Act, 1972.
Answer: The implementation of the Wild Life Protection Act, 1972 faces several challenges, including inadequate funding for wildlife protection, insufficient manpower for monitoring and enforcement, and lack of public awareness about conservation issues. Additionally, habitat destruction due to urbanization, agriculture, and infrastructure development poses a significant threat to wildlife. Poaching and illegal wildlife trade continue to undermine conservation efforts, often exacerbated by political and economic pressures. Addressing these challenges requires a multifaceted approach, including strengthening legal frameworks, enhancing community engagement, and promoting sustainable land-use practices to ensure the long-term effectiveness of the Act.
Previous Year Questions on Wild Life Protection Act
1. UPSC CSE Prelims 2018
Question: Which of the following is protected under the Wild Life Protection Act, 1972?
A. Domestic animals
B. Endangered species
C. Agricultural crops
D. None of the above
Answer: B
Explanation: Endangered species are protected under the Wild Life Protection Act, 1972, which aims to prevent their hunting and ensure their conservation.
2. UPSC CSE Mains 2019 (GS Paper 3)
Question: "The Wild Life Protection Act, 1972 has been instrumental in conserving biodiversity in India." Discuss its significance and the challenges it faces.
Answer: The Wild Life Protection Act, 1972 is instrumental in conserving biodiversity in India by providing a legal framework for the protection of wildlife and their habitats. The Act facilitates the establishment of protected areas and enforces penalties against poaching and habitat destruction. However, challenges such as inadequate resources, lack of public engagement, and ongoing threats to wildlife from human activities hinder its effectiveness. Enhancing collaboration between governmental and non -governmental organizations and raising public awareness are essential to overcome these challenges and strengthen conservation efforts.
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