Summary: India's Wildlife Protection Act of 1972 is a comprehensive piece of legislation that regulates sanctuaries, national parks, and zoos among other protected locations. Published on 29/05/2012. Even though there exist many other treaties, the above mentioned are considered one’s that plays the crucial role in protection and conservation of wild life. Some of them are listed as 'endangered species' in wildlife protection act. Any change in the wildlife population can have an adverse impact on the ecology of the country as well as the globe. The sustainable development that everyone is dreaming of cannot be obtained merely by guidance and restrictions provided to human actions. On 5th June 1972: UN Conference on Human Environment in Stockholm. Victimization Of Victim Under Criminal Justice System, Speech & Expression & Defamation: with reference to the Indian Constitution. Thus our constitution includes environmental protection and conservation as one of our fundamental duties. The Wildlife (protection) Act, with timely amendments, facilitates the protection of wild life in India. A few salient features of the Act are as follows: 1. It has 350 species of mammals, 1200 species of birds and around 20,000 known species of insects. See Agarwal, N., 2020. Blackbuck Poaching Case | 1998-2018: A Timeline Of The Blackbuck Poaching Case. [25] The plants specified are considered as government property. Recent reports point to the fact that decline in species population is contributing to increase vulnerability to environmental issues and even the spread of pandemics such as COVID-19.[10]. In matter of Baburao vs. State of Maharashtra and Others[48] the Bombay High Court has observed that, the wild animals are the property of the government and hence, government has to provide compensation for the destruction caused by them to agricultural crops. ***** Note: We hereby informing you that it is ideal first to watch videos with the legal eye so as to enhance your legal understanding of the Dynamics of written content loaded in this App. It extends to the whole of India. [41] Animals in Schedule V is known as Vermin animals. The term ‘other offence’ in Section 141 of CrPC will include offences committed under Wildlife (Protection) Act, 1972. Wildlife Protection Act 1972. The Supreme Court of India has accepted the existence of certain fundamental rights for animals too, including right to life. 7. Reworked from Critical Ecosystem Partnership Fund (CEPF) Report May 2007*. It provides for protection of wild animals, birds and plants ; and for matters connected therewith or ancillary or incidental thereto. Provision to extract and deal in snake venom for producing life saving drugs. THE WILDLIFE (PROTECTION) ACT, 1972 (No. [7] See World Wild Fund For Nature India vs Union Of India And Ors. n.d. India. To protect many animal and plant species, the Parliament of India enacted the Wildlife (Protection) Act in the year 1972. [17], Section 2 of the Wildlife (Protection) Act, 1972 provides with important definitions under which the provisions of the Act have to be considered. Authorities to be appointed or constituted under this Act, Chapter 3. [33] Special permission should be taken from Chief Wildlife Warden to enter such areas for photography, education, tourism etc. Further by addition of provision, immunization of livestock within a radius of 5 km from a National. Brief Notes on the Prevention and Control of Water Pollution Act of 1974. 2. Wildlife Protection Act, 1972 (with Amendment Acts of 2003 and 2006): The act provides for the protection of wild animals, birds and plants and matters connected with them, with a view to ensure the ecological and environmental security of India. The Act was last amended in the year 2006. By sreepriya .s 10. 6. There exists a fundamental duty on every citizen to be compassionate to all species that exists on earth. 2 [***] CHAPTER 1 Preliminary 1. WILDLIFE PROTECTION ACT 1972 1. With these observations, I conclude my topic on Wildlife (Protection) Act, 1972. Click Here to submit your article. 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. Here, ‘wild animal’ and ‘wild life’ is considered as different as former refers to specified animals in Schedule I to IV[18] and later refers to any animal that form part of any habitat. 2. Chapter IVA (Sections 38A to 38J) provides for the establishment and maintenance zoos. Included all the chapters. WILDLIFE PROTECTION ACT The Wild Life Protection Act, 1972 is an Act of the Parliament of India enacted on 9th September, 1972. Brief Notes on the Wildlife Protection Act of 1972. may appoint: ADVERTISEMENTS: (a) A Director of Wild Life Preservation (subordinate to the Central Govt.) [11] Hence, strict statutory measures are necessary to control such acts of anti-social elements. The Wildlife (Protection) Act, 1972, An Act to provide for the protection of [Wild animals, birds and plants] 1 and for matters connected therewith or ancillary or incidental thereto. Hence, the Wildlife (Protection) Act, 1972 is a major step that promotes sustainable development in its best form. The Act also contains VI Schedules that categorises wildlife to determine the kind of protection needed to be provided. This is because of the fact that the “Forest” including “Wildlife” was then a State subject falling in Entry 20 List II of Seventh Schedule, Parliament had no power to make law on the same except as provided in Articles 249,250 and 252 of the constitution. Wild life was considered to be an integral part of the cultural inheritance of India. Hence, an attempt is made here to provide a holistic overview of The Wild Life (Protection) Act 1972, along with certain important case laws. [42], For the prevention of offences, Chief Wildlife Warden, authorised officer, any forest officer and police officer is given power to enter, search, arrest or detain any person who has committed or likely to commit it. Its primary aim is to curb the illegal trade in wildlife and the derivative parts. [10] National Herald. Further, the then existing state legislations were felt inadequate in order to protect the wildlife of the country. Definition of Hunting Under the Act: Sec. In process of amending wildlife act: Centre. Chapter 1. Content Guidelines 2. The Convention on International Trade in Endangered Species[53] is one of the major laws, that attempts to provide protection of species from illegal trade. Zee News, [online] Available at: https://zeenews.india.com/india/blackbuck-poaching-case-salman-khan-exempted-from-court-appearance-after-counsel-cites-covid-risk-2328051.html [Accessed 10 January 2021]. The rationale for passing Act as stated in its Statement of Objects and Reasons are as follows: 2. Apart from such officers, it also provides for National and State Boards for effective execution of provisions of the act. (B) A Director of Wild Life Preservation (subordinate to the […] 1. [28], The Wildlife (Protection) Act, 1972 also provides for creation and maintenance of specific areas for the protection and propagation wildlife and environment. New entries appear in bold. 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. NO.2051/2015 Available at: http://awbi.in/awbi-pdf/caged_birds_order_delhi_hc_15052015.pdf, [16] Major rules under the Wildlife (Protection) Act, 1972 are: The Wildlife (Stock Declaration) Central Rules, 1973, Wildlife (Transactions and Taxidermy) Rules, 1973, Wildlife (Protection) Licensing (Additional Matters for Consideration) Rules, 1983, The Wildlife (Protection) Rules, 1995, Wildlife (Specified Plants – Conditions for Possession by Licensee) Rules, 1995, The Recognition of Zoo Rules, 2009 and Guidelines for Appointment of HWLWs. The provisions for environmental protection in the constitution were made within four years of Stockholm Conference, in 1976, though the 42nd amendment as follows: Article-48-A of the constitution provides: “The state shall endeavour to protect and improve the environment and to safeguard forest and wildlife of the country.”, It shall be duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wildlife an to have compassion for living creatures.”. Wildlife Protection Act 1972 is first umbrella act which established schedules of protected plants and animal species of India. India is the first country in the world to have made provisions for the protection and conservation of environment in its constitution. Among other reforms, the Act established schedules of protected plant and animal species; hunting or harvesting these species was largely outlawed. Interested to publish an article at Law Corner? The Wildlife Protection Act, 1972 is an Act of the Parliament of India enacted for protection of plants and animal species. [26] No one without proper license can even cultivate these plants. Disclaimer Copyright. The Act with its various amendments provides the necessary tool to prevent damage to the wildlife. Animals included Schedule are provided for total protection from hunting and the trade and commerce related to such animals are strictly regulated. The Act was amended several times and the Central Government is planning to bring one more in the near future. To protect the wildlife of the country the parliament of India passed Wild Life (Protection) Act, 1972 on the request made by eleven states. ***** Disclaimer: By using this app, you agree to the following terms. India being a diverse geography, home to 7 to 8 percent of all recorded species[8] on earth, is a major concern in the eyes of world, when it comes to the matter of wildlife. 3. There are six schedules in the Act, providing different degree of protection and determines gravity of offences associated with species listed in that. Chapter III and IIIA (Sections 9 to 17H) can be considered as the heart of the Wildlife (Protection) Act 1972. This was the first umbrella act which established schedules of protected plant an. Articles made of Peacock feather are also exempted specifically. Constitutional Provisions for the Wildlife Act Article 48A of the Constitution of India directs the St… printOn 5th June 1972, environment was first discussed as an item of international agenda in the UN Conference on Human Environment held in Stockholm. 3. 53 of 1972) (9th September, 1972) An Act to provide for the protection of [Wild animals, birds and plants]1 and for matters connected therewith or ancillary or incidental thereto. Along with the statutory measures, the Constitution of India imposes a fundamental duty on citizens to protect wildlife and be compassionate to living creatures. The Wildlife (Protection) Act, 1972 is the prime law in India, that provides protection to the wildlife species. The compensation clauses under Wildlife Protection Act,1972 will help for the humans who gets attacked through wild animals. [12] The State also has the duty to protect environment and wild life.[13]. Provision to prohibit collection and exploitation of wild plants which are threatened with extinction. Prior to Wildlife Protection Act of 1972, India only had five designated national parks. GK, General Studies, Optional notes for UPSC, IAS, Banking, Civil Services. A previous law, called the Wild Birds and Animals Protection Act 1935, had become completely obsolete. Convention on Biological Diversity[55] provides for sustainable use of earth’s resources and protection of species. 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