Wildlife Protection Act, 1972 (WPA, 1972)

The Wildlife Protection Act, 1972 (WPA, 1972) is one of India’s most significant environmental legislation. Aimed at conserving the country’s rich and diverse wildlife, the Act marked a crucial turning point in the country’s approach to wildlife conservation. This article aims to study in detail the Wildlife Protection Act, 1972 (WPA, 1972), its key provisions, implementation, challenges faced, and amendments made.

About Wildlife Protection Act, 1972 (WPA, 1972)

• The Wildlife Protection Act, 1972 (WPA, 1972) is an environmental legislation enacted by the Government of India to protect the country’s wildlife and their habitats.
• It provides a legal framework for the conservation of various species of flora and fauna and regulates activities that could harm them.

Objectives of Wildlife Protection Act, 1972 (WPA, 1972)

The primary objectives of the Wildlife Protection Act, 1972 include the following:

• To ensure the protection of endangered species,
• To regulate the hunting of wildlife,
• To control the trade of wildlife products, and
• To establish protected areas like national parks, wildlife sanctuaries, and reserves.

Key Provisions of Wildlife Protection Act, 1972 (WPA, 1972)

• The Wildlife Protection Act, 1972 (WPA 1972) contains a range of provisions to ensure comprehensive protection of wildlife and their habitats in the country.
• Major provisions of the Act are explained in detail in the sections that follow.

Definition of Wildlife

• The Wildlife Protection Act, 1972 (WPA 1972) defines wildlife.
• As per the Act’s definition, wildlife includes any animal, bees, butterflies, crustaceans, fish and moths; and land or aquatic vegetation that forms part of any habitat.

Establishment of Wildlife Advisory Board

The Wildlife Advisory Board is mainly constituted to advise the state Government in the following matters:

• Selection of areas to be declared as Wildlife Sanctuaries, National Parks and Closed areas and their administration.
• In the formulation of the policy for the protection and conservation of wildlife and specified plants.
• In any matter relating to the amendment of any schedule, so as to maintain a harmonious interface between tribes and other dwellers of the forests with the protection and conservation of wildlife.

Schedules of Wildlife Protection Act

The Wildlife Protection Act, 1972 has Six Schedules.

Schedule I and II of WPA

• Schedule I and II of the Wildlife Protection Act, 1971 (WPA, 1972) covers animals which are endangered species, giving them absolute protection.
• Offence committed in relation to any animal specified in Scheduled I or Part II of Schedule II, shall be punishable with imprisonment for a term not be less than one year which may extend upto six years, and also with fine not be less than five thousand rupees.

Schedule III and IV of WPA

• Schedule III and IV of the Wildlife Protection Act, 1972 (WPA, 1972) also have roughly the same provisions as Schedule I and II, but cover animals that are not in danger of becoming extinct.
• The penalties under this section are also less than that in Schedule I and II.

Schedule V of WPA

• Schedule V of WPA 1972 specifies those animals that can be hunted like ducks and deer’s. Though, for this one has to apply for a license.

Schedule VI of WPA

• Schedule VI of the Wildlife Protection Act, 1972 (WPA, 1972) concerns cultivation and plant life and gives teeth to setting up more protected animal parks.

WPA Provisions Regarding Hunting of Animals

• The Wildlife Protection Act, 1972 prohibits hunting of animals belonging to Schedule I–IV in general but exceptional protection is provided to Schedule I animals, which can be hunted only with permission of the Chief Wildlife Warden (CWW).
  • He decides whether an animal has become dangerous to human life or property or disabled or diseased as to be beyond recovery.
• Without a license from the Chief Wildlife Warden, it is illegal to hunt any wild animals except Vermin.
• The Chief Wildlife Warden may grant a special permit to hunt a wildlife animal for the purpose of education, scientific research, management and collection of specimens for Zoological gardens, museums etc.

WPA Provisions Regarding Wildlife Sanctuary

State Government may, by notification, declare its intention to constitute any area other than the area comprised of any reserve forest or the territorial waters as a sanctuary if it considers that such area is of adequate ecological, faunal, floral, geomorphological, zoological or natural significance.

WPA Provisions Regarding National Park

• The State Government can declare a National park.
• Once a National Park is declared, no alteration of the boundaries shall be made except on the resolution passed by the legislature of the state.
• In a National Park, the following activities are strictly prohibited:
  • Destroying, exploring or removing any wildlife.
  • Destroying, and damaging the habitat of any wild animal.
  • Deprive any wild animal of its habitat.
  • Grazing of any livestock.

Establishment of Central Zoo Authority

The Central Government shall constitute the Central Zoo Authority, who shall hold office for a period of three years.

Other Provisions of WPA

• The term ‘trophy’ means whole or any part of any captive animal or wild animal other than vermin.
  • For Example: Eghorn, feather, nail, tooth, musk, eggs, and nests.
• Every wild animal or a trophy other than vermin, which is hunted or kept or bred in captivity or found dead or killed by mistake, shall be the property of the State Government.
• If any of the above is found in the sanctuary or a National Park declared by the Central Government, it shall be the property of the Central Government.

Effectiveness of Wildlife Protection Act, 1972

• The Act is the primary legislation for the conservation of wildlife in India.
• Under the act, so far, over 650 Protected Areas (PAs), including Wildlife Sanctuaries and National Parks, have been notified across India.

Issues with Wildlife Protection Act, 1972

• Coupled with the poor enforcement of legislation and perceived corruption of official machinery, the wildlife trade in India continues to flourish unabated.
• There is a mismatch between the Act and the Convention of International Trade in Endangered Species of Wild Fauna and Flora (CITES).
• Many of the species whose trade is banned in the International market, the WPA does not impose punitive measures for trade in these species domestically.
• India has about 2.9% of IUCN-designated threatened species, but the WPA does not grant any special status to species that fall within the IUCN lists.
• Many indigenous species have not been documented due to the lack of scientific data, such as the Himalayan Black Bear.
• Migratory species are another concern since some of these species are not protected by the Wildlife Protection Act, although they migrate to India for considerable periods of time.
• Some provisions of the Act seem to exacerbate the Human-Wildlife Conflict.

Wildlife (Protection) Amendment Act, 2021

The key amendments made by the Wildlife (Protection) Amendment Act, 2021 can be seen as follows:

• CITES: The Act aims to implement the Convention on International Trade in Endangered Species of Wild Fauna and Flora along with expanding the number of species protected by the convention.
• Rationalising Schedules: The amended Act reduces the total number of schedules from earlier six to four by reducing the number of schedules for specially protected animals to two and eliminating the schedule for vermin species.
  • It also inserts a new schedule for specimens listed under CITES.

• Export or Import Licenses: The act provides for the central government to designate an authority that grants import or export licences for the trading of specimens.
  • Anyone who trades in a scheduled specimen must inform the appropriate authority of the specifics of the transaction.
• Live Specimens of Scheduled Animals: People possessing live specimens of the scheduled animals must obtain a registration certificate from the Management Authority.
  • It gives the government the authority to regulate or prohibit the import, trade, and possession of invasive alien species or those that are not native to India.
• Penalty for Violations: The act increases the penalty for violations of the provisions of the act.
  • Under the 1972 act, the general fine was up to ₹25,000 which has been increased to ₹100,000.
  • For violating the provisions related to specially protected animals, the previous fine was up to ₹10,000, which has now been increased to at least ₹25,000.
• Greater Control and Regulation of Wildlife Sanctuaries: It will also ensure greater control and regulation of wildlife sanctuaries and empower the government to notify an area located next to sanctuaries or national parks as a conservation reserve to protect flora and fauna.
  • The Act entrusts the Chief Wildlife Warden to control, manage and maintain all wildlife sanctuaries within a state.
  • The act stipulates that the actions of the Chief Warden must be in accordance with the management plans for the sanctuary.
  • The management plan for sanctuaries falling under special areas must be prepared after due consultation with the concerned Gram Sabha.
• Voluntary Surrender: The act provides for any person to voluntarily surrender any captive animals or animal products, without any compensation.
  • The items will become the property of the state government.
• Commercial Trade in Live Elephants: The Act allows for commercial trade in Live Elephants.
  • The Wildlife Protection Act 1972 (WPA 1972) specifically prohibits trade in Wild Animals, including captive and wild elephants.
  • The Amendment Act carves out an exception by excluding Live Elephant from the general prohibition contained in Section 43.
  • Thus, the Amendment Act allows for commercial trade in elephants.

Significance of Wildlife (Protection) Amendment Act, 2021

• The Act regulates the protection of wild animals, birds and plants by rationalising schedules in a better way.
• It increases the species protected under the law.
• It also seeks to implement the provisions of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) in a better way.
• The amendment’s provision to foster the participation of forest dwellers within national parks in deciding the management plan is a progressive step.
• It will enable control over invasive alien species.
• It has mandated the consultation with the Gram Sabha in protected areas falling under scheduled areas or areas recognised to possess forest rights based on claims under the Forest Rights Act, 2006.

Way Forward

• It is imperative that future legislation on the subject are mindful of the regional ecological requirements and are aligned with international standards.
• The definition of invasive alien species should be expanded to include invasive native species.
• An expert advisory committee may be constituted to assist the Central government in identifying and prioritisation invasive alien species such that targeted strategies can be developed for managing them.
• Adopting the correct definition is the most fundamental and crucial step to propel the conversation on the subject in the right direction.

Conclusion

The Wildlife Protection Act, 1972 (WPA 1972) is a cornerstone of India’s conservation efforts. By addressing its challenges and building upon its successes, India can continue to protect its invaluable natural heritage for future generations.

Frequently Asked Questions (FAQs)