The Wildlife (Protection) Act, 1972 is one of the most important legislations enacted by the Government of India for the protection of wild animals, birds, and plants, and to ensure the ecological and environmental security of the country. It forms the cornerstone of India’s wildlife conservation framework.
Background and Need
Before 1972, wildlife protection in India was mainly governed by provincial laws with limited scope and enforcement. However, due to rapid industrialization, deforestation, and poaching, several species faced extinction.
- The Stockholm Conference (1972) on Human Environment further emphasized the need for conservation.
- Consequently, the Indian Parliament enacted the Wildlife (Protection) Act, 1972, under Article 252, applicable initially to 11 states but later extended to the whole country (except Jammu & Kashmir, which had its own law until 2019).
Objectives of the Act
- Protection of wildlife from illegal hunting and trade.
- Conservation of biodiversity through establishment of protected areas.
- Regulation of hunting and trade in wild species and their derivatives.
- Preservation of natural habitats to ensure ecological balance.
Key Provisions
1. Structure and Schedules
The Act classifies species into six schedules, providing varying degrees of protection:
- Schedule I & II (Part II): Absolute protection; highest penalties (e.g., tigers, elephants).
- Schedule II (Part I): Lesser protection but regulated.
- Schedule III & IV: Protected species with lesser penalties.
- Schedule V: Vermin (can be hunted) like rats, crows.
- Schedule VI: Protection to certain plants.
2. Protected Areas
The Act provides for creation and management of Protected Areas (PAs):
- Sanctuaries (Sec 18–35): Areas protecting animals in their natural habitat.
- National Parks (Sec 35): Stricter protection; no human activity allowed without permission.
- Conservation Reserves (Sec 36A): Buffer zones between forests and habitations.
- Community Reserves (Sec 36C): Managed by local communities for conservation.
India today has over 1,000 protected areas, including 104 national parks and over 550 sanctuaries.
3. Regulation of Hunting
- Complete ban on hunting of animals listed in Schedules I–IV, except for self-defense or scientific purposes with permission.
- Provisions for captive breeding and translocation under government supervision.
4. Regulation of Trade and Possession
- Prohibits commercial trade in animal articles derived from protected species.
- The Directorate of Wildlife Preservation monitors trade and coordinates with CITES (Convention on International Trade in Endangered Species).
5. Wildlife Crime Control Bureau (WCCB)
Established under the 2006 amendment, WCCB:
- Coordinates intelligence and enforcement against wildlife crime.
- Assists customs, police, and forest departments in controlling poaching and smuggling.
Penalties
- Offences related to animals under Schedule I or Part II of Schedule II attract imprisonment up to 7 years and a fine up to ₹25,000 or both.
- Subsequent offences lead to stricter penalties, including higher fines and extended imprisonment.
Amendments
- Amendment 1982: Introduced regulation of zoos and protection of specified plants.
- Amendment 1991: Strengthened penalties and prohibited hunting of all wild animals.
- Amendment 2002: Introduced conservation and community reserves; set up National Tiger Conservation Authority (NTCA) and Central Zoo Authority.
- Amendment 2006: Creation of WCCB for crime control.
- Amendment 2022: Brought the law in line with CITES obligations; reduced schedules from six to four and increased penalties.
Significance
- Strengthened India’s biodiversity conservation framework.
- Helped in the revival of endangered species like tigers, elephants, and rhinoceros.
- Enabled India’s commitment to international conventions such as CITES and CBD.
Challenges
- Human-wildlife conflict due to expanding human population.
- Insufficient manpower and funding for effective enforcement.
- Illegal wildlife trade persists despite stricter laws.
- Encroachment and habitat fragmentation threatening wildlife corridors.
Conclusion
The Wildlife (Protection) Act, 1972 remains the backbone of India’s wildlife governance. It has successfully institutionalized conservation but needs modernization through community participation, better monitoring technology, and stricter enforcement. Strengthening coordination between central and state agencies can make India’s conservation efforts more sustainable and inclusive.
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