Objectives of the Wildlife (Protection) Act, 1972

The Wildlife (Protection) Act, 1972 (WLPA, 1972) is a principal legislation in India aimed at the conservation of wildlife and biodiversity. Prior to this Act, there was no comprehensive national law for wildlife protection, and state-level laws were often inadequate. The WLPA, 1972, was enacted to provide a strong legal framework for protecting the rich diversity of flora and fauna across the country.

The Act has undergone several amendments since its enactment (e.g., in 1982, 1986, 1991, 1993, 2002, 2006, and significantly in 2022) to strengthen its provisions and align with international conventions like CITES (Convention on International Trade in Endangered Species of Wild Fauna and Flora).

Protection of wild animals, birds and plants

A fundamental objective of the Wildlife (Protection) Act, 1972, is to provide legal protection to wild animals, birds, and plants. The Act does this primarily through:

• Listing of Species in Schedules: The Act contains six Schedules. Schedule I and Part II of Schedule II provide absolute protection to species listed therein. These are species considered highly endangered. Hunting of these species is strictly prohibited throughout India, and offences under these schedules attract the highest penalties. Other Schedules (III, IV) provide protection with slightly lower penalties, Schedule V lists vermin (animals that can be hunted), and Schedule VI lists specified plants whose cultivation, collection, and possession are restricted.
• Prohibition of Hunting: Section 9 of the Act imposes a general prohibition on the hunting of any wild animal specified in Schedules I, II, III, and IV (detailed further in Section I3 below).
• Regulation of Trade: The Act regulates the possession, sale, and transfer of captive animals and animal articles. It also prohibits or restricts trade in scheduled species and their derivatives to prevent illegal wildlife trafficking, aligning with CITES obligations.
• Protection of Specific Plants: Chapter IIIA of the Act deals with the protection of specified plants listed in Schedule VI, prohibiting their collection, possession, and sale without permission.

By providing legal status and protection levels to various species, the Act creates a framework for their conservation and management and empowers authorities to take action against those who harm them.

Establishment of National Parks, Wildlife Sanctuaries, Conservation Reserves, Community Reserves**

Another core objective and mechanism of the WLPA, 1972, is the establishment and management of a network of Protected Areas. These areas are designated to conserve wildlife and their habitats in-situ (in their natural environment).

The Act provides for the creation of the following categories of Protected Areas:

• Wildlife Sanctuaries (Section 18): An area declared by the State Government to be a wildlife sanctuary for the purpose of protecting, propagating, or developing wildlife or its environment. Certain human activities may be permitted within a sanctuary, but they are strictly regulated.
• National Parks (Section 35): An area declared by the Central or State Government to be a national park for the purpose of protecting, propagating, or developing wildlife or its environment. National Parks enjoy a higher degree of protection than sanctuaries. No human activity whatsoever is permitted inside a National Park, except those necessary for its management as a national park.
• Conservation Reserves (Section 36A): Areas owned by the State Government adjacent to National Parks and Sanctuaries and those linking one Protected Area with another. These areas are typically unprotected outside the reserve but are important for migration corridors or buffers. They can be declared by the State Government for protecting landscapes, seascapes, flora and fauna, and their habitat.
• Community Reserves (Section 36C): Areas of private or community land that are not covered by the other categories of Protected Areas but where individuals or communities have volunteered to conserve wildlife and their habitat. These areas are declared by the State Government and are managed by a Community Reserve Management Committee.

The Act lays down procedures for the declaration, alteration of boundaries, and management of these protected areas, including dealing with rights of people within them. The establishment of this network of protected areas is fundamental to India's strategy for conserving biodiversity and providing safe havens for wildlife.

Definitions

The Wildlife (Protection) Act, 1972, defines various terms to clarify the scope and application of its provisions. Understanding these definitions is essential for interpreting the Act.

Animal, captive animal, game reserve, hunting, national park, sanctuary, wild animal**

Here are some key definitions as provided or understood within the context of the Act:

• Animal (Section 2(1)): Means any animal belonging to any species of mammals, birds, reptiles, amphibians, fish and invertebrates and includes their young and also in the cases of birds, eggs. This is a very broad definition covering the entire animal kingdom.
• Captive Animal (Section 2(5)): Means any animal, specified in Schedule I, Schedule II, Schedule III or Schedule IV, which is captured or kept in captivity. This distinguishes wild animals living in their natural habitat from those held in human control.
• Game Reserve: The term "Game Reserve" is not explicitly defined or used as a category of Protected Area in the main body of the Wildlife (Protection) Act, 1972. Historically, this term might have been used or it might exist in some state-specific regulations predating the WLPA, but the Act primarily deals with Wildlife Sanctuaries, National Parks, Conservation Reserves, and Community Reserves as its statutory Protected Area categories. Thus, within the framework of the WLPA, 1972, the term doesn't have a defined statutory meaning as a protected area type.
• Hunting (Section 2(16)): This term is defined very broadly to encompass any act that could harm or kill a wild animal. It includes:
  • Killing or poisoning any wild animal or injuring or capturing any such animal and includes every attempt to do so.
  • Damaging the eggs of any wild animal or disturbing the eggs or nests of birds or reptiles.
  • Driving, luring, or taking any action whatsoever with the intent of causing any wild animal to be killed or captured.
  This broad definition ensures that various actions leading to the harm or capture of wildlife are considered 'hunting' and are subject to the regulations under the Act.
• National Park (Section 2(21)): Means an area declared, whether before or after the commencement of this Act, by notification in the Official Gazette, to be a National Park in accordance with the provisions of sections 35 or section 38, or sub-section (3) of section 66 of the Act. (Section 35 deals with declaration by State Govt., Section 38 related to Tiger Reserves, and Section 66 related to continuance of certain existing parks).
• Sanctuary (Section 2(26)): Means an area declared, whether before or after the commencement of this Act, by notification in the Official Gazette, to be a wildlife sanctuary in accordance with the provisions of sections 18 or section 38, or sub-section (4) of section 66 of the Act. (Section 18 deals with declaration by State Govt., Section 38 related to Tiger Reserves, and Section 66 related to continuance of certain existing sanctuaries).
• Wild Animal (Section 2(36)): Means any animal specified in Schedule I, Schedule II, Schedule III or Schedule IV and found wild in nature. This definition limits the scope of the term 'wild animal' under the Act specifically to those species listed in the relevant Schedules, which are provided varying degrees of protection.

These definitions are crucial for applying the protective provisions and enforcement mechanisms of the Act correctly.

Prohibition of Hunting (Section 9)

One of the most stringent provisions of the Wildlife (Protection) Act, 1972, is the general ban on hunting. This reflects the Act's core objective of protecting wild animals.

Section 9 of the Act explicitly states: "Prohibition of hunting. - No person shall hunt any wild animal specified in Schedules I, II, III and IV."

This provision establishes a clear legal prohibition on the act of hunting (as defined in Section 2(16)) any wild animal that is listed in Schedules I, II, III, or IV of the Act. The level of protection and associated penalties for hunting vary depending on the Schedule the animal is listed in (Schedule I and Part II of Schedule II providing the highest protection), but the act of hunting itself is generally prohibited for all species in these four schedules.

This prohibition is key to curbing illegal poaching and protecting endangered and vulnerable species. Any person found guilty of hunting scheduled animals is liable for severe penalties under the Act, including imprisonment and heavy fines (Section 51). The penalties for hunting Schedule I and Part II of Schedule II animals are particularly stringent.

Exceptions for specific purposes

While Section 9 imposes a general prohibition, the Act does provide for a few specific, limited circumstances under which hunting may be permissible. These exceptions are tightly controlled and are primarily aimed at protecting human life or property, or for scientific/management purposes, rather than allowing sport or recreational hunting.

The exceptions to the hunting prohibition are primarily covered under Section 11 and Section 12 of the Act:

• Hunting in Self-Defence or Defence of Property (Section 11(1)):
  • The Chief Wildlife Warden (CWLW) or the authorised officer may permit any person to hunt any wild animal specified in Schedules I to V in two specific situations:
    • If the animal has become dangerous to human life.
    • If the animal is disabled or diseased beyond recovery.
  • Furthermore, if a wild animal specified in Schedule I is a danger to human life, or if any wild animal (even in Schedule I) is a danger to property (including standing crops, livestock, or mischief), the CWLW or authorised officer may order that such animal be hunted or captured.
  • Section 11(2) provides a critical safety clause: "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 hunting in immediate self-defence, but proving 'good faith' and 'defence' is crucial.

• Hunting for Special Purposes (Section 12): The Chief Wildlife Warden may grant permission to hunt a wild animal (from Schedules I to IV) for certain limited purposes, which include:
  • For purposes of education or scientific research: Allowing the collection of specimens for study.
  • For purposes of scientific management: This may involve population control or translocation, but requires justification from the Chief Wildlife Warden and is subject to the approval of the Central Government.
  • Collection of specimens for zoos, museums, etc.: Subject to conditions.

These exceptions are strictly interpreted by the courts and regulatory authorities. They do not permit hunting for trophy or sport. Any hunting activity that does not fall under these specific exceptions and is not carried out with the proper authorisation constitutes illegal hunting, which is a serious offence under the Act.

Classification of Protected Areas

The Wildlife (Protection) Act, 1972 (WLPA, 1972) establishes a system of legally designated areas to protect wildlife and their habitats in-situ, meaning in their natural environment. These areas are crucial for conserving biodiversity, maintaining ecological processes, and providing safe havens for wild animals and plants.

National Parks, Wildlife Sanctuaries, Conservation Reserves, Community Reserves

The Act provides for the declaration and management of four categories of Protected Areas, offering varying degrees of protection and allowing different levels of human activity:

Wildlife Sanctuaries (Section 18 onwards):

A Wildlife Sanctuary is an area declared by the State Government by notification. The purpose of such declaration is for the protection, propagation, or development of wildlife or its environment. In a sanctuary, certain human activities may be regulated or permitted, such as tourism, grazing (if part of existing rights), and collection of minor forest produce, subject to control by the Chief Wildlife Warden. The boundary of a sanctuary can be altered by the State Government only after consulting the National Board for Wild Life (NBWL).

National Parks (Section 35 onwards):

A National Park is an area declared by the Central Government or the State Government. The declaration is made for the purpose of protecting, propagating, or developing wildlife or its environment. National Parks are granted a higher degree of protection compared to sanctuaries. Crucially, no human activity whatsoever is permitted inside a National Park, except those necessary for the management of the park itself, such as scientific research, tourism (in designated areas), or movement of park staff. No alteration of boundaries of a National Park shall be made except on a resolution passed by the Legislature of the State.

Key difference between Sanctuary and National Park: The level of protection and restrictions on human activities are stricter in a National Park. While some rights might be allowed to continue in a Sanctuary (subject to regulation), no rights can ordinarily be created within a National Park, and existing rights may be settled or extinguished.

Conservation Reserves (Section 36A):

This category was added by the 2002 amendment. Conservation Reserves can be declared by the State Government in areas owned by the State Government, particularly areas adjacent to National Parks and Sanctuaries and those connecting one Protected Area with another. These serve as buffer zones or connectivity corridors. They are declared for protecting landscapes, seascapes, flora and fauna and their habitat. Management of Conservation Reserves is carried out by a Conservation Reserve Management Committee.

Community Reserves (Section 36C):

Also added by the 2002 amendment, Community Reserves can be declared by the State Government on any private or community land, not comprised within a National Park, Sanctuary or a Conservation Reserve, where an individual or a community has volunteered to conserve wildlife and their habitat. These are areas outside formal protected areas where local communities play a key role in conservation. Management is carried out by a Community Reserve Management Committee, and the land is not altered from private or community ownership.

The creation of these distinct categories allows for a flexible and inclusive approach to conservation, ranging from strictly protected areas (National Parks) to those involving local communities and private landowners (Community Reserves).

Prohibition of Trade in Wildlife Articles (Chapter VA)

Preventing illegal trade in wildlife and their derivatives is crucial for combating poaching and protecting endangered species. Chapter VA (Sections 49A to 49J) was inserted into the Wildlife (Protection) Act, 1972, by the 1991 amendment to specifically address this issue.

Regulation of animal articles and trophies**

Chapter VA imposes strict regulations and, in most cases, a complete prohibition on trade in specified wild animals and their articles and trophies. This chapter aligns India's domestic law with the principles of international conventions like CITES (Convention on International Trade in Endangered Species of Wild Fauna and Flora), which India is a party to. The 2022 amendment further strengthened these provisions, explicitly incorporating CITES-listed species.

Key Provisions of Chapter VA:

• Prohibition on Trade: Section 49B generally prohibits any person from purchasing, receiving, or acquiring any captive animal or wild animal (other than vermin) or any animal article, trophy, uncured trophy or meat derived therefrom, otherwise than by inheritance, without obtaining a certificate of ownership from the Chief Wildlife Warden or authorised officer. It also prohibits engaging in the business of a dealer in captive animals, wild animals, or any animal article, trophy, etc., derived from Schedule I or Part II of Schedule II animals, without obtaining a license.
• Dealing in Scheduled Animal Articles without License: Section 49C prohibits anyone from being in possession of, or controlling, selling, purchasing, or dealing in any scheduled animal article without a license granted by the Chief Wildlife Warden or authorised officer. Scheduled animal articles are those derived from animals specified in Schedules I and Part II of Schedule II.
• Restrictions on Possession: The Act also regulates the possession of wildlife articles and trophies. Obtaining a certificate of ownership is necessary for legally possessing specified captive animals or articles derived from them. The 2022 amendment clarified that possession of live specimens of scheduled animals (including CITES-listed species) must be registered with the management authority.
• Declaration of Stock: Individuals possessing captive animals or articles from scheduled species were required to declare their stock to the authorities within a specified timeframe when the relevant provisions came into force or were amended.
• Restrictions on Import/Export: The Act also imposes restrictions on the import and export of wild animals and their articles, requiring permits and compliance with CITES regulations (Section 49D, strengthened by 2022 amendment).

"Animal article" (Section 2(2)) is defined broadly to mean an article made, wholly or partly, of any captive animal or wild animal other than vermin. This includes items made from skin, horn, hair, feather, bone, or any other part. "Trophy" (Section 2(31)) includes the whole or any part of any captive animal or wild animal, which has been kept or preserved by any means. "Uncured trophy" (Section 2(32)) is the raw or fresh state of a trophy.

The intent of Chapter VA is to shut down the market for illegally obtained wildlife products and to tightly control the trade in even legally acquired items derived from protected species, thereby reducing the incentive for poaching and illegal hunting. Violations of these provisions attract severe penalties.

Penalties for Offences (Section 50-63)**

The Wildlife (Protection) Act, 1972, provides for stringent penalties for violations of its provisions to deter illegal activities harmful to wildlife. Section 50 to 63 deal with the detection, prevention, and punishment of offences.

Section 51 is the main penal provision specifying punishments for contraventions of the Act or rules/orders made thereunder. The severity of the penalty often depends on the nature of the offence and the Schedule of the animal involved.

General Penalties under Section 51(1):

Any person who contravenes any provision of this Act or any rule or order made thereunder, or commits a breach of any of the conditions of any licence or permit granted under this Act, shall be punishable with imprisonment for a term which may extend to three years or with fine which may extend to twenty-five thousand rupees, or with both.

Enhanced Penalties for Specific Offences (Section 51(1A) to 51(1D)):

More severe penalties are prescribed for offences involving species listed in Schedule I or Part II of Schedule II, or committed within a Protected Area, or relating to altering Protected Area boundaries without authority. These enhanced penalties reflect the higher conservation status of these species and areas.

For contravention of any provision of the Act relating to any wild animal specified in Schedule I or Part II of Schedule II, or the hunting of such animal in a sanctuary or a National Park, the punishment shall be:

• Imprisonment for a term which shall not be less than three years but which may extend to seven years.
• And also with fine which shall not be less than ten thousand rupees.

Further enhancements exist for subsequent offences (recidivism) and for offences committed in a Tiger Reserve or areas notified under Section 38V(4) (Section 51(1B)), with minimum imprisonment of 7 years and fine of ₹5 Lakhs.

Other provisions related to penalties and legal proceedings include:

• Section 50: Grants powers of entry, search, arrest, and seizure to authorised officers. Any article or animal involved in an offence can be seized.
• Section 52: Deals with attempts and abetment of offences, treating them as if the offence itself was committed.
• Section 54: Power to compound offences (allowing minor offences to be settled by paying a penalty instead of trial). However, offences involving Schedule I or Part II of Schedule II animals or committed within a Protected Area cannot be compounded.
• Section 55: Lays down rules regarding who can initiate prosecution (Chief Wildlife Warden, authorised officer, or specific persons with permission).
• Section 57: Places the burden of proof on the accused if found in possession of any wild animal article or meat.

The penalty provisions, particularly the enhanced penalties for serious offences, aim to provide a strong deterrent against poaching and other illegal activities that threaten India's wildlife.

Powers of Officers and Competent Authorities

The effective implementation of the Wildlife (Protection) Act, 1972, relies heavily on the powers vested in the officers and authorities responsible for its enforcement. The Act designates specific officers and grants them necessary powers to detect, prevent, and investigate offences.

The main authorities under the Act are:

• Director of Wildlife Preservation: Appointed by the Central Government, with national-level powers and functions.
• Chief Wildlife Warden (CWLW): Appointed by the State Government, is the administrative head of the Wildlife Wing in a state/Union Territory. Possesses extensive powers for protection and management.
• Wildlife Wardens and other Officers: Appointed by the State Government, assisting the CWLW at the field level (District Wildlife Wardens, Assistant Wildlife Wardens, etc.).
• Other Officers: The State Government may also appoint other officers with specified powers.

The Act grants significant powers to the Chief Wildlife Warden and other authorised officers (generally officers not below the rank of Assistant Director of Wildlife Preservation or Wildlife Warden), particularly under Section 50:

Powers under Section 50:

Any authorised officer has the power to:

• Entry, Search and Arrest: Enter any premises (other than a dwelling house without warrant) or vehicle, vessel, or aircraft if he has reason to believe that an offence under the Act has been or is being committed. He can search such premises or vehicle and arrest without warrant any person who has been concerned in any offence under the Act, which is punishable with imprisonment for a period exceeding two years.
• Seizure: Seize any captive animal, wild animal, animal article, trophy, uncured trophy, meat, ivory imported into India without a certificate, any vehicle, vessel, aircraft or weapon that has been used in the commission of an offence under the Act. Such seized property must be reported to a Magistrate.
• Require Production of Documents: Require any person to produce any license, permit, register, or other document required to be kept or produced under the Act.
• Stop and Search Vehicles: Stop any vehicle or vessel in order to carry out the search or examination.
• Interrogation: Interrogate any person reasonably suspected of committing an offence.

These extensive powers are crucial for the enforcement of the Act, allowing wildlife authorities to conduct raids, apprehend poachers and illegal traders, and seize incriminating evidence. The Act also provides protection to officers acting in good faith (Section 56) and stipulates penalties for obstructing officers (Section 38 or Section 51).

Furthermore, officers investigating offences under the Act have the same powers as police officers in charge of a police station for investigation (Section 50(4)), which includes the power to collect evidence and file a case (charge sheet) in court.