Wildlife (Protection) Act, 1972

 

On 21 August 1972, the Indian government approved an Act (No. 53 of 1972) to provide for the safety of wild animals, birds and plant life and to confirm the environmental and ecological safety of the nation. This Act is termed “The Wildlife (Protection) Act, 1972”, which is an umbrella act to guard wildflowers and animals. This act contains requirements for the security of plants and animals, shooting, collecting and several other subsidiary matters associated with it. It has six plans that cover the whole of India. The act was revised in 2003 and again in 2017.

Aims of The Wildlife (Protection) Act, 1972

·   Prevent the shooting of wild animals and many species of birds and punish the violators of instructions and guidelines.

·         Protect the threatened species of animals.

·         Provide housing and protection to wild plants and animals.

·         Prohibition of trade and business of certain sheltered species.

·     Reservation of the variety of flora and animals of the country and to preserve a healthy natural equilibrium.

Legal Requirements and History of Legislation

Legal requirements for the wildlife act: -

·      Article 48A of the Constitution of India guides the state to defend and recover the atmosphere and protection nature and forests.

·       Article 51A executes essential responsibilities to keep and expand the natural atmosphere including forests, ponds, canals, rivers, and wildlife and to have sympathy for existing creatures.

History of Wildlife Protection Legislation in India: -

·      Wild Birds Protection Act, 1887 - The law required to forbid the ownership and trade of specified wild birds that were either killed or apprehended during a breeding session.

·      Wild Birds and Animals Protection Act, 1912 - This was revised in 1935 when the Wild Birds and Animals Protection (Amendment) Act 1935 was approved.

Salient features of the Wild Life (Protection) Act

·         It describes the wild-life related vocabulary.

·     It provides for the employment of wildlife advisory Board, Wildlife custodian, their authorities, responsibilities etc.

·         Under the Act, a complete listing of rare wildlife species was done for the first time and prevention of shooting of the rare species was declared.

·    Protection to some threatened plants like Beddome cycad, Blue Vanda, Ladies Slipper Orchid, Pitcher plant etc. is also delivered under the Act.

·         The Act delivers for the setting up of National Parks, Wildlife Sanctuaries etc.

·         The Act provides for the composition of the Central Zoo Specialist.

·    There is provision for trade and commerce in some wildlife species with the license for sale, possession, transfer etc.

·         The Act executes a ban on the trade or business in arranged animals.

·         It provides for permissible powers to officers and retribution to criminals.

·         It provides for the incarcerated breeding platform for threatened species.

Schedules of The Wildlife (Protection) Act, 1972

1.      Schedule I

·         Identifies threatened species which need difficult and complete protection.

·         Species under this Schedule are banned to be startled and dealt with all over India, except under hazard to human life.

·         Requests strictest penalties for the desecration of the regulation.

·         Species covered are characterized under diverse parts viz. mammals (blackbuck, Indian lion, tiger); amphibians and reptiles (Agra monitor lizard, crocodiles); fishes (whale shark, sea horse); birds (peafowl, vultures); crustaceans and insects (butterflies, moths); coelenterates (reef-building coral), Mollusca; sea cucumber.

2.      Schedule II

·         Identifies species that need great protection.

·         Trade banned, cannot be startled except under danger to human life.

Examples: Assamese macaque, salamander, beetles, civets, otters, Indian cobras, king cobra, mongooses etc.

3.      Schedule III

·         Identifies species that are not threatened and comprises sheltered species.

·         The disadvantage of violators is less compared to Schedules I and II. Examples: Barking deer, hyena, Nilgai, wild pig etc.

4.      Schedule IV

·         Identifies species that are not threatened and contains protected species. Examples: Hares, Indian porcupine, birds like a crane, cuckoos etc.

5.      Schedule V

·         Identifies animals/birds which can be startled. Examples: Common crow, fruit bats, mice, rat.

6.      Schedule VI

·         Identifies plants whose farming is banned. Examples: Blue vanda, red vanda, pitcher plant, etc.

7.      Schedule VII

·         Includes species of plants and fauna for purposes of the rule of global trade under “Convention on International Trade in Endangered Species of Wild Fauna and Flora” (CITES). Examples: Bovidae (antelopes, cattle, duikers, gazelles, goats, sheep etc.).