25 Wild Life Protection Act (WLPA) 1972

Ashutosh Jaiswal

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    Structure

 

1.1 Introduction

 

1.2 Wild Life Protection Act (WLPA) 1972

 

1.3 Necessity of Wildlife Protection Act

 

1.4 Salient Features of WLPA, 1972

 

1.5 Key Points of the WLPA 1972

 

1.6 Amendment in WLPA 1972

 

1.7 Drawbacks and Criticism of the WLPA

 

 

Objectives:

  • To understand the impression of different environmental laws
  • To confer familiar understanding about Wild Life Protection Act (WLPA) 1972 and its necessity
  • To discuss salient features of WLPA, 1972
  • To comprehend Amendment in WLPA 1972
  • To examine drawbacks and criticism of the WLPA

 

1.1 Introduction

 

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 U.N. Conference of Human Environment in Stockholm and thereafter 5th June is celebrated all over the world as World Environment Day. Sweden was the first country to suggest United Nations Economic and Social Council (ECOSOC) the idea of having a UN conference to focus on human interactions with the environment.General Assembly Resolution 2398 in 1969 decided to convene a conference in 1972 and mandated a set of reports from the UN secretary-general suggesting that the conference focus on “stimulating and providing guidelines for action by national government and international organizations” facing environmental issues. Soon after the Stockholm Conference our country took substantive legislative steps for environmental protection. India is endowed with an immense variety of natural resources in its rich animal and plant heritage. Wildlife is one of our basic and natural resources that satisfies the needs or wants of civilization. Therefore, this resource must be conserved, preserved and protected for the existence of mankind. Now let us see the chronological development of wildlife protection in India in different periods.

 

Environmental Laws:

  • The Wildlife (Protection) Act was passed in 1972,
  • the Water (Prevention and Control of Pollution) Act in 1974,
  • the Forest (Conservation) Act in 1980,
  • Air (Prevention and Control of Pollution) Act in 1981
  • the Environment (Protection) Act in 1986.

 

1.2 Wild Life Protection Act (WLPA) 1972

 

The Post-independence era witnessed a lot of changes in the policies and attitudes of the Governments with respect to environmental protection. There were many enactments to protect the Forest, Environment, Water, Air and Bio-Diversity. All these Acts are directly or indirectly give provisions to the protection of the wildlife. But let us specifically emphasis on Wildlife protection, since our topic of discussion is wildlife protection.The Indian Constitution gives ample provisions to protect the wildlife in its territory. Though there are many implied provisions on wildlife protection in the constitution like Article-21, Union, State and Concurrent list, the main Articles which specifically protects the wildlife are Article-48(A) and Article-51(A)-(g). Article-48(A) says that the state shall endeavour to protect and improve the environment and to safeguard the forest and wildlife of the country. Art. 51A (g) imposes fundamental duty on the every citizen of India to protect and improve the environment and have compassion for living creatures.

 

“The wildlife protection act is an act of the parliament to protect plant and animal species that are in danger due to natural or anthropogenic causes”.

 

The Wildlife Protection Act, 1972 is an Act of the parliament of India enacted for protection of plants and animal species which provides:

 

Captive breeding programme for endangered species like Lion (1972), Tiger (1973), Crocodile (1974) and Brown antlered Deer (1981) were stated under this act.

 

It extends to the whole of India except the state of Jammu and Kashmir which has its own wildlife act.

 

Protection to listed species of flora and fauna and establishes a network of ecologically-important protected areas.

 

Power to the central and state governments to declare any area a wildlife sanctuary, national park or closed area.

 

Ban on carrying out any industrial activity inside these protected areas.

 

It provides for authorities to administer and implement the Act, regulate the hunting of wild animals, protect specified plants, sanctuaries, national parks and closed areas, restrict trade or commerce in wild animals or animal articles and miscellaneous matters.

 

The Act prohibits hunting of animals except with permission of authorized officer when an animal has become dangerous to human life or property or as disabled or diseased as to be beyond recovery.

 

The Act consists of 60 Sections and VI Schedules divided into Eight Chapters. Out of the six schedules which give varying degree of protection:

 

i. Schedule I and part II of Schedule II provide absolute protection and offences, under these prescribed the highest penalties.

 

ii. The penalties for Schedule III and Schedule IV are less and these animals are protected.

    iii. Schedule-V includes the animals which may be hunted (common Crows, Fruit Bats, Mice and Rats Only).

 

iv. Schedule VI contains the plants which are prohibited from cultivation and planting some plants for example are Blue Vanda (Vanda soerulec), Kuth (Saussurealappa), Pitcher Plant (Nepenthes Khasiana) and Red Vanda (Ranantherainschootiana).

 

The Wildlife Protection Act, 1972 instructs that no wild mammal, bird, amphibian, reptile, fish, crustacean, insects, or coelenterates listed in four Schedules of the Wild Life Protection Act can be hunted either within or outside protected areas. On conviction, the penalty for hunting is imprisonment for a period ranging from a minimum of three to a maximum of seven years with fines not less than 10,000 rupees.Community reserves and conservation reserves are two new categories of protected areas that have been included under the WLPA. These two categories provide a greater role for local communities, stakeholders and civil society as well as the opportunity to protect many areas of conservation value that cannot be designated under strict categories such as wildlife sanctuaries or national parks.The statute prohibits the destruction or diversion of wildlife and its habitat by any method unless it is for improvement or better management and this is decided by the state government in consultation with the National and State Boards for Wildlife.

 

1.3 Necessity of Wildlife Protection Act

 

The rapid decline of India’s wild animals and birds, one of the richest and most varied wildlife resources of the country has been a cause of grave concern. Some wild animals and birds have already become extinct in this country and the other in danger of being so. Areas which were once teeming with wildlife have become devoid of it and even in sanctuaries and National Parks the protection afforded to wildlife needs to be improved. The Wild Birds and Animals Protection Act, 1935 has become completely outdated. These existing laws not only have become outdated but also provide punishments, which are not commensurate with the offence and financial benefits that occur from poaching and trade in wildlife produce. Further, such laws mainly relate to control of hunting and do not emphasize the other factors which are also the prime reasons for the decline of India’s wildlife namely taxidermy and trade in wildlife and products there from.Conservation of Wildlife is ignored in the development era. But we should not forget that environment and development go hand in hand. It is the duty of Government and Individuals (Citizens of India) to be responsible towards environment and conserve wildlife. Today, efforts are being made towards wildlife conservation in India, to preserve this natural wealth. Numerous wildlife conservation projects have been undertaken in India, both at the government as well as the individual level, to protect the rich wildlife of the subcontinent.

 

1.4 Salient Features of WLPA, 1972

 

The Act contains 66 Sections divided into seven chapters and six schedules. Chapter-I (Sections 1 and 2) contains short title and definitions. Chapter-II deals with Authorities under the Act. Chapter-III deals with the protection of Specified Plants. Chapter-IV provides for declaration of sanctuaries, National Parks and Closed Areas. Chapter- IV-A deals with Central Zoo Authority and Recognition of Zoos. Chapter-V deals with Trade or Commerce in Wild Animals, Animal Articles and Trophies. Chapter-V-A deals with prohibition of Trade or Commerce in Trophies, Animal Articles etc. Chapter-VI relates to Prevention and Detection of offences and finally Chapter-VII contains Miscellaneous Provisions.The Wildlife Protection Act, 1972 which we read today is a product of process which started long ago in 1887 for the protection of a few wild birds 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. A few salient features of the Act are as follows:

 

1. The Act provides for setting up of National Parks, Wildlife Sanctuaries etc. with provision of providing protection to some endangered plants.

 

2. It provides for the appointment of wildlife advisory board, wildlife warden, their powers and duties etc.

 

3. Provides guidelines for framing policies and advising Central and State Government on promotion of wildlife conservation and controlling poaching and illegal trade of wildlife and its products.

 

4. Making recommendations for setting up and managing national parks, sanctuaries and other protected areas and suggesting measures for improvement of wildlife conservation.

 

5. Under the Act, comprehensive listing of endangered wildlife species was done for the first time and prohibition of hunting of the endangered species was mentioned.

 

6. The rating of the Schedules I to V is in accordance with the risk of survival of the wildlife (fauna) enlisted in them. Animals included Schedule are provided for total protection from hunting and the trade and commerce related to such animals are strictly regulated. The schedule VI has been added to include the specified plant species to be protected by the Wildlife (Protection) Amendment Act of 1991.

 

   7. An expert committee, constituted by the Indian Board of Wildlife considers amendments to the Act, as and when necessary.

 

8. The Wildlife Act of 1972 as amended in 1982, 1986, 1991 and 1993 has 7 Chapters, 66 Sections and 6 Schedules. The Act with its various amendments provides the necessary tool to prevent damage to the wildlife.

 

9. With the amendment of the Act in 1991, powers of the State Governments have been withdrawn almost totally. Now the State Governments are not empowered to declare any wild animal a vermin. Further by addition of provision, immunization of livestock within a radius of 5 km from a National.

 

10. The Act imposes a ban on the trade or commerce in scheduled animals and it provide for legal powers to officers and punishment to offenders.

 

11.  Five kinds of protected areas can be notified in the Act and these are as follows:

 

 

   

1.5 Key Points of the WLPA 1972

 

Wildlife may include any animal, bees, butterflies, crustacean, Fish and moths; and aquatic or land vegetation which form part of any habitat.

 

Wild animal would mean any animal found wild in nature and includes any animal specified in Schedule I, Schedule II, Schedule III, Schedule IV or Schedule V wherever found.

 

Habitat would include land, water or vegetation which is the natural home of any wild animal.

 

Hunting would include the capturing, killing, poisoning, snaring and trapping any wild animal and includes an attempt to do so or even driving an animal for the purpose. Injuring or destroying or taking any part of the body of such animal or bird or reptiles or even damaging their eggs or disturbing their nests would also mean hunting.

 

Trophy would include the whole or part of any captive wild animal other than vermin preserved by natural or artificial means and includes rugs, skins and specimens of such animals mounted in whole or part by taxidermy. Antler, horn hair, feather, nail, tooth musk, eggs and nest would also be called trophy.

 

Entry with weapons is also prohibited without previous permission of Wildlife warden. It is the duty of the Wildlife Warden to immunize against all communicable diseases, livestock within 5 Kms of the sanctuary. The State Govt. may also if it deems fit that an area within or outside a sanctuary is by reason of ecological, flora, fauna, geomorphologic, natural or zoological association constitute it to be a National Park by notification.

 

Wild animals are basically the property of the Government. In case of any person has possession of such animal or article he may report it to the nearest police officer within 48 Hours or hand over such property to the officer-in-charge. Certificate of ownership may be granted by the Chief Wildlife warden in case of possession, which he may mark in a prescribed form for the purpose of identification.

 

 

1.6 Amendment in WLPA 1972

 

     In 1963, the World Conservation Union (IUCN General Assembly) passed a resolution calling for an international convention on regulations on export, transit and import of rare or threatened wildlife species, their skins and trophies. Ten years later 21 countries signed the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The main aim was to check on the over exploitation through International Trade. In 1972, the endangering of various species due to trade in skins of Lizards, Monitors, Snakes etc. sold in millions along with those of the Tiger, Rhino horns, Bear paws and gall bladders accelerated India to enact the Wildlife (Protection) Act1972. India joined CITES in 1976 by Ratification. However, the Wildlife (Protection) Act 1972 had some flaws and loopholes which were abused by unscrupulous traders, this led to an amendment in1982. An amendment to the Act in 1982 introduced provisions permitting the capture and transportation of wild animals for the scientific management of animal population. An amendment in the year 1991 resulted in the insertion of the special chapters dealing with the protection of specified plants and the regulation of zoos. This also recognized the needs of tribal and forest dwellers and changes were introduced to advance their welfare. The near-total prohibition on hunting was made more effective by the Amendment Act of 1991. Some of the silent features during these amendments were the verification and marking with identification of stock of wild life for licensed dealers was required. Transportation of wildlife and wildlife products required a permit from an authorized officer that the product had been legally acquired. Trade in ivory and its products were completely banned. Issue of firearms License within 10 Kms of a sanctuary without the concurrence of the wildlife warden was prohibited. Vehicles, Arms, Vessels and Weapons used for the purpose of committing offences under the Act were to be seized. Commercial felling and exploitation of Flora was banned. Individuals and N.G.O’s were allowed to take instances of violations directly to courts. A Central Zoo Authority was setup to ensure sound management of the Zoos. Widespread changes have been made by the Wildlife (Protection) Amendment Act, 2002 and a new chapter has been incorporated as Chapter VI-A to deal with the forfeiture of property derived from illegal hunting and trade. Further, this amendment Act also introduced the concept of co-operative management through conservation reserve management committee and community reserve committees. The 2006 amendment introduced a new chapter (IV B) for establishment of the National Tiger Conservation Authority and notification of Tiger Reserves (before this amendment, Tiger Reserves were not defined under the law, but were merely administrative designations to enable funding under Project Tiger). The Wildlife Crime Control Bureau (WCCB) was constituted vide the 2006 amendment to monitor and control the illegal trade in wildlife products. The WLPA provides for investigation and prosecution of offences in a court of law by authorized officers of the forest department and police officers. The Act underwent many amendments. The Wildlife Protection Amendment Bill, 2013 seeks to ban the use of animal traps, except under certain conditions, engage Gram Sabhas and Gram Panchayats in management of protected areas, and to grant hunting rights to hunter-gatherer Scheduled Tribes of the Andaman and Nicobar Islands. The Bill proposes that hunting in national parks and sanctuaries or the alteration of their boundaries should be punished with 5 to 7 years in jail and fine of RS 5 to 25 lakh, up from 3 to 7 years in jail and RS 10000 fine in the current law; the punishment would be 7 years in prison and RS 30 lakh fine for repeat offenders, up from 3 to 7 years of imprisonment and RS 25000 fine now. The amendments propose stricter deterrents for crimes related to sale, purchase and transfer of animals, their parts or products listed in various schedules. With this introduction now let us discuss the Wildlife (Protection) Act, 1972 in a detailed way.

 

1.7 Drawbacks and Criticism of the WLPA

 

We have seen that there are a number of important environmental laws in the form of Acts for safeguarding our environmental quality. But inspite of these acts, we find that we are not able to achieve the target of bringing 33 per cent of our land cover under forests. Still we are losing our wild life. The rivers have been turned into open sewers in many places and the air in our big cities is badly polluted. The status of environment shows that there are drawbacks in environmental legislations and problems in their effective implementation. Let us examine some important issues related to our act of 1972. Some of the major drawbacks of the Act include:

 

  • Mild penalty to offenders
  • Illegal wildlife trade in J and K

         Personal ownership certificate for animal articles like tiger and leopard skins

      No coverage of foreign endangered wildlife

  • Pitiable condition of wildlife in mobile zoos
  • Little emphasis on protection of plant genetic resources.

 

The inadequacy of border control mechanism to check wildlife trafficking has also provided impetus to poachers to use the Indo-Chinese border to directly supply tiger parts from the source country to the consumers in China.

    Earlier trade in tiger parts was legalized in China which led to the market being flooded with tiger products from both captive bred tigers as well as wild tigers. CITES Resolution Conference 12.5 asks Parties to prohibit trade in tiger parts and derivatives, both internationally and domestically, even from captive-bred specimens19. This resolution was adopted by consensus after which the demand for tiger products from China has been substantially reduced. If China legalizes tiger trade again, it will bear significant responsibility for loss of wild tigers due to poaching.

 

With regard to the rampant cross border trade in wildlife, the Wildlife Protecting Act has yet another glaring loophole; the extent of enforcement of the Wildlife Protection Act doesn’t include Jammu and Kashmir. Jammu and Kashmir is host to a diverse range of endemic species, however these are not covered by the state Act.

 

The Wildlife Protection Act also fails to comprehensively cover practices that are for scientific purposes such as venom extraction from snakes. Most institutions produce venom by extracting it repeatedly from each snake until the animal dies, thereby depleting the wild population of these venomous snakes, some of which are endangered.

 

The Wildlife Protection Act is silent on the procedure for ethical capture, handling and release of these snakes, although an amendment in 1982 has allowed for collection of snakes for extraction of venom for manufacture of anti-venom and life saving drugs under Section 12(d).

 

A commonly exploited loophole in the Wildlife Protection Act is the provision for self defence, which is often abused and can easily be claimed whilst hunting wildlife. Section 11(2) of the Wildlife Protection Act states that “The killing or wounding in good faith of any wild animal in defence of oneself or any other person shall not be an offence” This allows many forest dwellers who hunt animals with rudimentary weapons to merely claim self defence when caught and get away with it, simply because the burden of proof does not lie on them to prove that they were not hunting the animal. Thus the efforts of vigilant forest guards are often defeated in court when the plea of self defence is sustained simply because of the obvious lack of insurmountable evidence that they were hunting the animal. The incentive for killing an animal needs to be completely eliminated in the cases of killing wildlife for self defence so that the cases where animals are hunted and self defence is claimed can be curbed.

 

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