ASSIGNMENT ON

THE WILDLIFE PROTECTION ACT, 1972

SUB: ENVIRONMENTAL MANAGEMENT

Submi !" B#: ADIT$A SHRIPAL DETHE R%&& N%: A'11

Submi !" T%: P(%)* I) i+,( Mi- (#

S !(&i./ I.- i u ! %) M,.,/!m!. S u"i!-

THE WILDLIFE PROTECTION ACT, 1972

India is the first country in the world to have made provisions for the protection and conservation of environment in its constitution. On 5th June 1972, environment was first discussed as an item of international agenda in the .!. "onference of #uman $nvironment in %toc&holm and thereafter 5th June is cele'rated all over the world as (orld $nvironment )ay. %oon after the %toc&holm "onference our country too& su'stantive legislative steps for environmental protection. *he (ildlife +,rotection- .ct was passed in 1972, followed 'y the (ater +,revention and "ontrol of ,ollution- .ct 197/, the 0orest +"onservation- .ct, 1912, .ir +,revention and "ontrol of ,ollution- .ct, 1911 and su'se3uently the $nvironment +,rotection- .ct, 1914. *he Wi&"&i)! P(% !0 i%. A0 , 1972 is a landmar& in the protection of wildlife in India especially after the %econd (orld (ar when the struggle for freedom started ta&ing its shape and the wildlife was ignored to sustain at its own ris&s. *he Indian 5oard of (ildlife +I5(6- was constituted in the year 1952 after the independence which too& the tas& of preserving the natural wildlife ha'itats and saving the animals from pro'a'le e7tinction. C%.- i u i%.,& P(%1i-i%.-: *he provisions for environmental protection in the constitution were made within four years of %toc&holm "onference, in 1974, though the /2nd amendment as follows8 A( i0&!'23'A %) 4! 0%.- i u i%. 5(%1i"!-: 9*he state shall endeavour to protect and improve the environment and to safeguard forest and wildlife of the country.: A( i0&! 61'A 7/8 P(%1i"!-: It shall 'e duty of every citi;en of India to protect and improve the natural environment including forests, la&es, rivers and wildlife and to have compassion for living creatures.: *hus our constitution includes environmental protection and conservation as one of our fundamental duties. %ome of the important .cts passed 'y the <overnment of India are discussed here. *he passing of the (ildlife .ct of 1972 constitutes an important landmar& in the history of wildlife legislation in the country. *his is 'ecause of the fact that the 90orest: including 9(ildlife: was then a %tate su'=ect falling in $ntry 22 6ist II of %eventh %chedule, ,arliament had no power to ma&e law on the same e7cept as provided in .rticles 2/9,252 and 252 of the constitution .#aving regard to the importance of the matter, the .ct has 'een adopted 'y all the %tates e7cept that of Jammu and >ashmir which has a similar law enacted for the purpose of wildlife protection. *he operation of the .ct is mandatory?@ in the nion *erritories too.

*he (ildlife +,rotection- .ct of 1972 provides the 'asic framewor& to ensure the protection and management of wildlife. *he .ct was amended su'se3uently in 1912, 1914, 1991 and 199A to accommodate provision for its effective implementation. *he rationale for passing .ct as stated in its %tatement of O'=ects and Beasons are as follows8 1- *he rapid decline of India@s wild animals and 'irds, one of the richest and most varied wildlife resources of the country has 'een a cause of grave concern. 2- %ome wild animals and 'irds have already 'ecome e7tinct in this country and the other in danger of 'eing so. A- .reas which were once teeming with wildlife have 'ecome devoid of it and even in sanctuaries and !ational ,ar&s the protection afforded to wildlife needs to 'e improved. /- *he (ild 5irds and .nimals ,rotection .ct, 19A5 has 'ecome completely outdated. 5- *hese e7isting laws not only have 'ecome outdated 'ut also provide punishments, which are not commensurate with the offence and financial 'enefits that occur from poaching and trade in wildlife produce. 0urther, such laws mainly relate to control of hunting and do not emphasi;e the other factors S,&i!. )!, u(!- %) 4! A0 8 *he (ildlife ,rotection .ct, 1972 which we read today is a product of process which started long ago in 1117 for the protection of a few wild 'irds and after addition of wild animals in 1912 and specified plants in 1991 it covered almost all the wildlife resources which need protection and management. . few salient features of the .ct are as follows8 *he (ildlife .ct of 1972 as amended in 1912, 1914, 1991 and 199A has 7 "hapters, 44 %ections and 4 %chedules. *he .ct with its various amendments provides the necessary tool to prevent damage to the wildlife. *he rating of the %chedules I to C is in accordance with the ris& of survival of the wildlife +fauna- enlisted in them. .nimals included %chedule are provided for total protection from hunting and the trade and commerce related to such animals are strictly regulated. *he schedule CI has 'een added to include the specified plant species to 'e protected 'y the (ildlife +,rotection- .mendment .ct of 1991. .n e7pert committee, constituted 'y the Indian 5oard of (ildlife considers amendments to the .ct, as and when necessary. (ith the amendment of the .ct in 1991, powers of the %tate <overnments have 'een withdrawn almost totally. !ow the %tate <overnments are not empowered to declare any wild animal a vermin. 0urther 'y addition of provision, immuni;ation of livestoc& within a radius of 5 &m from a !ational ,ar& or sanctuary has 'een made compulsory.

5roadly spea&ing the amendment provides the follows8 <reater powers to enforcement authority. <reater say to individuals or !<Os in matter concerning wildlife protection. *he "entral <overnment Officers as well as individuals now can file complaints in the court for offences. !<Os li&e ((0DIndia and *rafficDIndia will ma&e availa'le technical and legal guidance when needed. Eore impact on wildlife trade. %etting up of a "entral Foo .uthority. <reater protection to wildlife through prohi'iting hunting of wild animals other than vermin. ,rovision to prohi'it collection and e7ploitation of wild plants which are threatened with e7tinction. ,rovision to e7tract and deal in sna&e venom for producing life saving drugs. ,rovision to 'an trade in .frica ivory. $nhanced punishments for isolations. ,ayment of rewards to persons helping in apprehension of offenders. *he (ildlife +,rotection- .ct, 1972 , passed 'y the Indian ,arliament a comprehensive national law with the sole aim of protecting wildlife and plants and for matters connected thereto or ancillary or incidental that to with a view to ensure the ecological and environmental security of the country. It not only prohi'its hunting 'ut also created protected areas and controls trade in wildlife products. *o achieve these o'=ectives it has created a separate and independent authority to protect and improve wildlife. *he .ct has 'een accepted and adopted 'y all the states e7cept Jammu G >ashmir. *he first and foremost purpose of this .ct is to protect the ha'itats of wild animals. #owever some of the ma=or draw'ac&s of the .ct include mild penalty to offenders, illegal trade of animal parts, pitia'le condition of wildlife in ;oos and little emphasis laid on to preserve plant genetic resources. 6aws e7ist to protect the wildlife from slaughter and to regulate hunting, 'ut, unfortunately, the legal measures do not fully serve the deserved purpose. *he destruction deplora'ly continues, at times, at an alarming rate. *he depletion of the wildlife can 'e attri'uted largely to deforestation and inroads of human civili;ation into the forest areas. *o cope up these pro'lem seminars, awareness programmes, wor&shops etc. should 'e organi;ed at the district, 'loc&, and village levels along with the villagers, law enforcing machineries to ma&e awareness a'out the evils.