19. Wildlife Protection Act 1972

Main Provisions of the Wildlife Protection Act, 1972

• The Wildlife (Protection) Act, 1972, is one of India’s most important environmental legislations, enacted to safeguard the country’s biodiversity through the protection of wild animals, birds, and plants, as well as the sustainable management of their habitats.

Objectives and Background

1. The primary objective of the Act is to ensure the protection of wildlife through a strong legal framework that prohibits hunting, regulates trade, and designates protected areas.
2. Before 1972, India had only five national parks, but the enactment of this Act led to the establishment of over 100 national parks and numerous sanctuaries.
3. India’s entry into CITES (Convention on International Trade in Endangered Species) was facilitated by this legislation, strengthening its commitment to global wildlife protection.

Constitutional Provisions

1. The 42nd Amendment to the Indian Constitution (1976) moved “Forests” and “Protection of Wild Animals and Birds” from the State List to the Concurrent List, enabling both the central and state governments to legislate on these matters.
2. Article 48A (Directive Principles of State Policy) requires the State to protect and improve the environment and safeguard forests and wildlife.
3. Article 51A(g) places a fundamental duty on every citizen to protect the natural environment.

Authorities and Institutions Created

1. The Central Government appoints a Director of Wildlife Preservation, while each state appoints a Chief Wildlife Warden (CWLW) to oversee wildlife management.
2. Various statutory bodies have been established under the Act:
• National Board for Wildlife (NBWL): Apex body chaired by the Prime Minister; advises the government on wildlife policy and project approval.
• State Boards for Wildlife (SBWL): Chaired by Chief Ministers, they guide state policies and management of Protected Areas (PAs).
• Central Zoo Authority (CZA): Regulates recognition and management of zoos.
• National Tiger Conservation Authority (NTCA): Oversees tiger reserves and protection measures.
• Wildlife Crime Control Bureau (WCCB): Coordinates intelligence and enforcement against illegal wildlife trade.

Major Prohibitions and Protective Measures

1. Prohibition of Hunting: 

• Hunting of animals listed in Schedules I–IV is banned. Exceptions exist if an animal threatens human life or is incurably diseased, with permission from the CWLW.

2. Protection of Specified Plants: 

• Uprooting, collecting, or selling listed plant species is prohibited without official permission for research or educational purposes.

3. Protected Areas: 

• The central and state governments can declare regions as Wildlife Sanctuaries or National Parks based on ecological and zoological significance.

4. Government Property Clause: 

• Any wild animal, trophy, or animal article obtained through illegal means becomes government property.

Schedules of Protection

The Act classifies species into different schedules offering varied levels of protection:

Types of Protected Areas

1. The Act recognizes five types of Protected Areas :
• Wildlife Sanctuaries
• National Parks
• Conservation Reserves
• Community Reserves
• Tiger Reserves

Amendments to the Act

1. 1991 Amendment:

• Strengthened penalties and expanded protection to endangered species.

2. 2002 Amendment:

• Introduced Community and Conservation Reserves as new categories of protected areas.

3. 2006 Amendment:

• Created NTCA and Tiger & Other Endangered Species Crime Control Bureau; addressed human-wildlife conflict.

4. 2022 Amendment:

• Streamlined the previous six schedules into four to align with CITES and allowed elephants to be used for religious or traditional purposes.

Conservation Programs under the Act

Project Tiger (1973): 

• Launched to ensure the survival of tigers through habitat protection and anti-poaching measures.

Project Elephant (1992): 

• Focused on elephant conservation and maintenance of migration corridors.

Wildlife Corridors: 

• Established to allow safe movement of wildlife between fragmented habitats, minimizing human interference.

Challenges Faced by the Act

1. Low Public Awareness: 

• Many citizens are unaware of wildlife protection laws, causing compliance issues.

2. Human-Wildlife Conflict: 

• Increasing habitat encroachment leads to rising encounters between humans and animals.

3. Illegal Wildlife Trade: 

• Despite strict laws, poaching and black-market trade continue.

4. Weak Enforcement: 

• Poor coordination among enforcement agencies reduces effectiveness.

5. Inadequate Penalties: 

• Punishments often fail to deter offenders.

6. Lack of Community Participation: 

• Local communities are underutilized in conservation efforts.

7. Climate Change: 

• Alters ecosystems, threatening habitat continuity and species survival.

Importance of the Act

1. The WPA, 1972, has preserved many endangered species such as the Tiger, Rhino, and Asiatic Lion, helping India fulfil international conservation commitments.
2. It strengthens India’s environmental governance framework and forms part of the country’s constitutional duties.

Short Note on Zoo (under Wildlife Protection Act, 1972)

1. As per Section 2(38) of the Wildlife Protection Act, 1972, a Zoo is defined as “an establishment, whether stationary or mobile, where captive animals are kept for exhibition to the public.” It excludes circuses and establishments licensed for animal trade.
2. Zoos fall under the regulation of the Central Zoo Authority (CZA) established under Section 38A of the Act.
3. The CZA is chaired by the Minister of Environment, Forest, and Climate Change and includes ten members including a Member Secretary.
4. All zoos must be recognized by the CZA under Section 38H, which sets standards for animal welfare, housing, and conservation education.
5. The authority also oversees the transfer of animals between zoos and ensures scientific management of captive species.
6. The purpose of recognizing zoos is to promote:
• Conservation breeding of endangered species.
• Public awareness and education regarding biodiversity.
• Research and training in veterinary and wildlife sciences.
7. However, debates continue around the ethics of keeping animals in captivity. Critics argue that zoos limit natural behaviour and disrupt ecological balance.
8. Modern zoos are now expected to serve educational and conservation purposes instead of mere entertainment.
9. Therefore, under the Wildlife Protection Act, 1972, zoos are not only recreational spaces but vital conservation institutions that must operate under strict regulatory and ethical frameworks.

Conclusion

• In conclusion, the Wildlife Protection Act, 1972, remains a cornerstone of India’s environmental legislation, balancing conservation with sustainable human interaction.
• Its detailed provisions, institutional frameworks, and continued amendments underscore India’s evolving approach to biodiversity protection, while regulated zoos serve as instrumental tools for education, research, and species preservation.