wildlife protection act, 1972 notes

India has a rich wildlife heritage. 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. Blackbuck Poaching Case | 1998-2018: A Timeline Of The Blackbuck Poaching Case. The infamous blackbuck poaching controversy associated with Bollywood super celebrity Salman Khan is still in minds of people of India. Blackbuck poaching case: Salman Khan exempted from court appearance after counsel cites COVID risk. [35] Due to special nature and importance of tigers to India, the law has special provisions for protection of tigers. 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. [46] Special provisions are made to consider matters related to the properties obtained as a result of illegal hunting or trade.[47]. Available at: https://www.traffic.org/site/assets/files/6284/handbook-wildlife-law-enforcement-india.pdf, [12] Article 51A(g), The Constitution of India, [13] Article 48A, The Constitution of India, [14] Animal Welfare Board Of India vs A. Nagaraja & Ors (2014) 7 SCC 547 Available at: https://indiankanoon.org/doc/39696860/, [15]See Abdulkadar Mohamad Azam Sheikh V State of Gujarat Available at: http://awbi.in/awbi-pdf/caged_birds_order_gj_hc.pdf and People for Animals v MD Mohazzim and Anr CRL. The sustainable development that everyone is dreaming of cannot be obtained merely by guidance and restrictions provided to human actions. [12] The State also has the duty to protect environment and wild life.[13]. Among other reforms, the Act established schedules of protected plant and animal species; hunting or harvesting these species was largely outlawed. This was the first umbrella act which established schedules of protected plant an. 6. A few salient features of the Act are as follows: 1. The Convention on Migratory Species[54] provides for conservation and sustainable use of migratory animals and their habitat. However, certain trade and transportation of species is between countries for the academic developments as well as to find the best mode of preservation. WILDLIFE PROTECTION ACT The Wild Life Protection Act, 1972 is an Act of the Parliament of India enacted on 9th September, 1972. The jurisdiction of forests and wildlife came under the State governments, and each state government had a different policy in dealing with this subject. [2] The Economic Times. 2. WILDLIFE PROTECTION ACT 1972 1. Schedule II animals are only permitted to hunted down if they become threat to humans and trade on part II animals of it is prohibited. Before 1972, India only had five designated national parks . 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. Constitutional Provisions for the Wildlife Act Article 48A of the Constitution of India directs the St… Preliminary, Chapter 2. The new law was necessary, as there was a need for better protection of wildlife species and prevention of depletion of them through exploitation by vested interests. 7. 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. In Indian Handicrafts Emporium & Ors vs Union Of India & Ors[50] the Court has closed the loopholes in the Act on trade on the imported parts of animals with the observation that the restrictions apply to that also. [37], One of the major objectives of the Wildlife (Protection) Act, 1972 is to regulate the illegal trade and associated activates on wild animals. If the trade in imported parts is allowed, it may endanger Indian wildlife. The Act was amended subsequently in 1982, 1986, 1991 and 1993 to accommodate provision for its effective implementation. n.d. India. The Wild Birds and Animals Protection Act, 1935 has become completely outdated. In State of Rajasthan vs. Salman Khan and Others[49] Court observed that even a specific damage done to wildlife will qualify as loss to ecology. Before 1972, India only had five designated national parks . Section 9 prohibits the hunting of any wild animal belonging to Schedule I to IV except in certain circumstance which necessitates it. 2. It has to be noted that teasing or disturbing animals in zoos is prohibited under that Act. INDIAN WILDLIFE PROTECTION ACT 1972 1. The Wildlife Protection Act, 1972 is an Act of the Parliament of India enacted for the protection of plants and animal species. The operation of the Act is mandatory}’ in the Union Territories too. This particular controversy caught the attention of the nation on the law under which the matter was considered, i.e., The WildLife (Protection) Act, 1972. The Wildlife Protection Act, 1972 is an Act of the Parliament of India enacted for protection of plants and animal species. 9. So the endangered species of flora and fauna should be protected. Written by Dr. Yashpal Singh | 0. Definition of Hunting Under the Act: Sec. Wild life was considered to be an integral part of the cultural inheritance of India. Some of them are listed as 'endangered species' in wildlife protection act. [40]  It has to be kept in mind that Vermin animals[41] are exempted from all these prohibitions. Handbook On Wildlife Law Enforcement In India. 2(16) of Wildlife Protection Act, 1972 defines the word hunting. Wildlife protection. (B) A Director of Wild Life Preservation (subordinate to the […] Interested to publish an article at Law Corner? PRESENTATION 3. New Delhi: Nataraj Publishers. [51] In the matter between Moti Lal vs Central Bureau Of Investigation[52] court has provided for use of CrPC in investigation of wild life offences unless specifically contradicted. The […] Attempt to Protect India’s Wild life. 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. [36] The law also set up a Wildlife Crime Control Bureau for collecting details and investigating the offences against wildlife. Further, the then existing state legislations were felt inadequate in order to protect the wildlife of the country. 1. India took big step by enacting The Wildlife (Protection) Act in 1972. This act prohibits the capturing, killing, poisoning or trapping of wild animals It extends to the whole of India except the State of Jammu and Kashmir. [17], Section 2 of the Wildlife (Protection) Act, 1972 provides with important definitions under which the provisions of the Act have to be considered. OUR ENVIRONMENTAL SCIENCE PROFESSOR 2. (1) Appointment of Director, Chief Wildlife Warden and Other Offic­ers: According to Section 3 of this Act, the Central Govt. Preliminary, Chapter 2. Available at: https://eparlib.nic.in/bitstream/123456789/1122/1/lsd_05_05_21-08-1972.pdf. 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.”. The Wildlife (Protection) Act was passed in 1972, followed by the Water (Prevention and Control of Pollution) Act 1974, the Forest (Conservation) Act, 1980, Air (Prevention and Control of Pollution) Act, 1981 and subsequently the Environment (Protection) Act, 1986. Wildlife Protection Act, 1972 This act is aimed to protect and preserve wildlife. This Act provides for the protection of the country’s wild animals, birds and plant species, in order to ensure environmental and ecological security. It has six schedules which give varying degrees of protection. PublishYourArticles.net is home of thousands of articles published by users like YOU. Wildlife protection act 1972 Introduction Wildlife Protection Act 1972 was passed on August 21, 1972, but was later implemented on September 9, 1972. [7] See World Wild Fund For Nature India vs Union Of India And Ors. THE WILDLIFE (PROTECTION) ACT, 1972 (No. India is the first country in the world to have made provisions for the protection and conservation of environment in its constitution. See Agarwal, N., 2020. 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. Prior to Wildlife Protection Act of 1972, India only had five designated national parks. ***** Disclaimer: By using this app, you agree to the following terms. Park or sanctuary has been made compulsory. A previous law, called the Wild Birds and Animals Protection Act 1935, had become completely obsolete. GK, General Studies, Optional notes for UPSC, IAS, Banking, Civil Services. GK, General Studies, Optional notes for UPSC, IAS, Banking, Civil Services. Wildlife (Protection) Act, 1972 has been accepted and adopted by all the states. Notes on Section 1 To 17 of Wildlife Protection Act, 1972 Section 1: Short Title, Extent and Commencement This Section lays down the title and the overall extent of the Wildlife Protection Act 1972 (hereafter referred to as the act/ this act/ Wildlife act). Hindustan Times, [online] Available at: https://www.hindustantimes.com/india-news/in-process-of-amending-wildlife-act-centre/story-mnFQlGvSh8dZnl8B70Vh6L.html  [Accessed 10 January 2021]. Among other reforms, the Act established schedules of protected plant and animal species; hunting or harvesting these species was largely outlawed. The Act with its various amendments provides the necessary tool to prevent damage to the wildlife. To protect the wildlife of the country the parliament of India passed Wild Life (Protection) Act, 1972 on the request made by eleven states. The law tries to bring a balance in such situations. Provision to prohibit collection and exploitation of wild plants which are threatened with extinction. Payment of rewards to persons helping in apprehension of offenders. If you found any in this website, please report us at [email protected]. National Parks and Wildlife Act 1972—3.10.2019 Part 1—Preliminary 2 Published under the Legislation Revision and Publication Act 2002 Council means the Parks and Wilderness Council established under . [18] Section 2(36), The Wildlife (Protection) Act, 1972, [19] Section 2(37), The Wildlife (Protection) Act, 1972, [20] Section 2(18A), The Wildlife (Protection Act, 1972, [21] See Cottage Industries Exposition Limited and Another v. Union of India and Others 2007 (148) ECR 7 Delhi Available at: https://indiankanoon.org/doc/1484203/, where court has constructed meaning of ‘animal article’ in Section 2(2), The Wildlife (Protection) Act, 1972  to include ‘uncured trophy’, ‘trophy’ and ‘scheduled animal article’, which only will provide true meaning to the intentions of the law. What are constitutional provision for environmental protection? The compensation clauses under Wildlife Protection Act,1972 will help for the humans who gets attacked through wild animals. Hi , I am Lovely . [19] The law has made a clear separation between wildlife and animals that can be domesticated. Along with the statutory measures, the Constitution of India imposes a fundamental duty on citizens to protect wildlife and be compassionate to living creatures. Animals included Schedule are provided for total protection from hunting and the trade and commerce related to such animals are strictly regulated. 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. [57] As we go through the provisions of the Wildlife (Protection) Act 1972, it is clear to us that it provides proper guidance for the fulfilment of this fundamental and puts maximum effort to create an ecological balance in which humans and other species can live in tranquillity. Except in circumstances that are dangerous for humans[23] or for scientific study and preservation[24], no animal in wildlife can be hunted down. 476  of  2002 Available at: https://indiankanoon.org/doc/1765136/, [53] https://www.fws.gov/le/pdf/CITESTreaty.pdf, [54] https://www.cms.int/sites/default/files/instrument/CMS-text.en_.PDF, [55] https://www.cbd.int/doc/legal/cbd-en.pdf, [56] http://portal.unesco.org/en/ev.php-URL_ID=15398&URL_DO=DO_TOPIC&URL_SECTION=201.html, [57] See State of Gujarat v. Mirzapur Moti Kureshi Kassab Jamat and Others (2005) 8 SCC 534 Available at: https://indiankanoon.org/doc/101278772/. The Wildlife (Protection) Act (WLPA), 1972, is an important statute that provides a powerful legal framework for violations like hunting. Victimization Of Victim Under Criminal Justice System, Speech & Expression & Defamation: with reference to the Indian Constitution. Among other reforms, the Act established schedules of protected plant and animal species; hunting or harvesting these species was largely outlawed. The sustainable development that everyone is dreaming of cannot be obtained merely by guidance and restrictions provided to human actions. Illustration As per this Section, the Central Government has the power […] Wild Life (Protection) Act of 1972 and Amendment, 1982. It extends to the whole of India. Greater powers to enforcement authority. Brief Notes on the Wildlife Protection Act of 1972. 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. Chapter IVA (Sections 38A to 38J) provides for the establishment and maintenance zoos. 11. [17] Nandi, J., 2020. Reworked from Critical Ecosystem Partnership Fund (CEPF) Report May 2007*. To protect many animal and plant species, the Parliament of India enacted the Wildlife (Protection) Act in the year 1972. 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. Convention on Biological Diversity[55] provides for sustainable use of earth’s resources and protection of species. With these observations, I conclude my topic on Wildlife (Protection) Act, 1972. 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. Principal Act and amendments. This article has been written by Alvin Antony, Advocate at High Court of Kerala. (No. Some of the important Acts passed by the Government of India are discussed here. It has six schedules which … They also determine the areas in which protection has to be provided as well as the level of it. Setting up of a Central Zoo Authority. Check out more about the Act here. Wildlife Protection Act 1972 is first umbrella act which established schedules of protected plants and animal species of India. The Wildlife Protection Act, 1972 is an Act of the Parliament of India enacted for protection of plants and animal species. Law Of Torts: A Study Between India And England, https://economictimes.indiatimes.com/magazines/panache/1998-2016-a-timeline-of-the-blackbuck-killing-case/articleshow/53377957.cms?from=mdr, https://mitocw.ups.edu.ec/courses/history/21h-380j-people-and-other-animals-fall-2013/readings/MIT21H_380F13_laws.pdf, https://www.iucn.org/asia/countries/india, https://eparlib.nic.in/bitstream/123456789/1122/1/lsd_05_05_21-08-1972.pdf, https://www.nationalheraldindia.com/environment/wildlife-population-declined-by-68-since-1970-wwf, https://www.traffic.org/site/assets/files/6284/handbook-wildlife-law-enforcement-india.pdf, http://awbi.in/awbi-pdf/caged_birds_order_gj_hc.pdf, http://awbi.in/awbi-pdf/caged_birds_order_delhi_hc_15052015.pdf, https://www.hindustantimes.com/india-news/in-process-of-amending-wildlife-act-centre/story-mnFQlGvSh8dZnl8B70Vh6L.html, https://indiankanoon.org/doc/136108/?type=print, https://zeenews.india.com/india/blackbuck-poaching-case-salman-khan-exempted-from-court-appearance-after-counsel-cites-covid-risk-2328051.html, https://www.legitquest.com/case/state-of-rajasthan-v-salman-khan-others/EA534, https://www.fws.gov/le/pdf/CITESTreaty.pdf, https://www.cms.int/sites/default/files/instrument/CMS-text.en_.PDF, http://portal.unesco.org/en/ev.php-URL_ID=15398&URL_DO=DO_TOPIC&URL_SECTION=201.html, Explain the Cyber Defamation and Online Defamation in India. Content Guidelines 2. Hence, picking and destroying certain plants are also prohibited in the Act, with certain exception to scheduled tribes for personal use. The Act was last amended in the year 2006. The rating of the Schedules I to V is in accordance with the risk of survival of the wildlife (fauna) enlisted in them. Image Source: wildlifeworld.com/wp-content/uploads/2015/01/Header2-2000×850.jpg. Should CJI be sitting in the bench to hear case against him? In 1972, Parliament enacted the Wild Life Act (Protection) Act. In process of amending wildlife act: Centre. On 5th June 1972: UN Conference on Human Environment in Stockholm. [11] Sinha, S., 2010. 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. WILD LIFE PROTECTION ACT An Act to make provision for the protectidn of wild life and io of 1978 for the establishment of wild fife sanctiuaries Cbrnmencernent: .lst August 1981 s.1301sr PART I PRELIMINARY l. This Act may be cited as the Wild Life Protection Short title Act. The Central Government Officers as well as individuals now can file complaints in the court for offences. Chapter II (Section 3 to 8) of the Wildlife (Protection) Act, 1972 provides for appointment of various authorities in national and state level for conservation and protection of wildlife. Before 1972, India only had five designated national parks. The Supreme Court of India has accepted the existence of certain fundamental rights for animals too, including right to life. [10] National Herald. [39] However, the Chief Wildlife Warden can issue certificates in specific cases for the  possession of them. Chapter V and V A (Sections 39 to 49C) prohibits the trade on wild animals and trophies. It extends to whole of India, except Jammu and Kashmir. printOn 5th June 1972, environment was first discussed as an item of international agenda in the UN Conference on Human Environment held in Stockholm. This is the first comprehensive legislation relating to the protection of wildlife was passed by the Parliament and it was assented by the President on 9th September 1972 and came to be known as The Wild Life (Protection) Act, 1972 (53 of 1972). Article shared by . Even courts have recognized this with utmost importance. The Act is divided into VII Chapters with 66 sections. [27] Exceptions are also provided for scientific study and preservation. [2] Time has not passed much since the ‘Hum Saath Saath Hai’ star, along with his co-actors has faced the proceedings in front of a lower court in Jodhpur, Rajasthan. The Convention on Wetlands of International Importance[56] focuses on conservation and sustainable use of wetlands and its resources. Among other reforms, the Act established schedules of protected plant and animal species; hunting or harvesting these species was largely outlawed. An earlier consideration of this in the legal sense from Indian jurisdiction can be traced from the Madras Wild Elephants Preservation Act 1873. [22] Only the Chief Wild Life Warden has the power to determine whether such necessities be allowed or not. Wildlife Protection Act, 1972 – A Summary. 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. Any change in the wildlife population can have an adverse impact on the ecology of the country as well as the globe. section 15; Crown land. Statute Law Revision Act 1935. may appoint: ADVERTISEMENTS: (a) A Director of Wild Life Preservation (subordinate to the Central Govt.) [9] At the same time decline of species will seriously affect the ecosystem of all living creatures, including humans. It has 350 species of mammals, 1200 species of birds and around 20,000 known species of insects. Wildlife traditionally refers to non-domesticated animal species, but has come to include all plants, fungi, and other organisms that grow or live wild in an area … The National Parks and Wildlife Act 1972 amended the following: The Lands for Public Purposes Acquisition Act 1914. The Wildlife (Protection) Act of 1972 provides the basic framework to ensure the protection and management of wildlife. Soon after the Stockholm Conference our country took substantive legislative steps for environmental protection. Constitutional Provisions. Thus our constitution includes environmental protection and conservation as one of our fundamental duties. New entries appear in bold. [7] Hence, if we go through the above-mentioned laws, an attempt can be seen to be taken to protect and promote the wildlife population, as they are crucial for the ecological balance of the country. 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. 2. 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. By this act, hunting or harvesting these s. GK, General Studies, Optional notes for UPSC, IAS, Banking, Civil Services. The term ‘other offence’ in Section 141 of CrPC will include offences committed under Wildlife (Protection) Act, 1972. Greater protection to wildlife through prohibiting hunting of wild animals other than vermin. There is necessity of strict laws that not only preserves the habitat of such species but also provides an optimum situation for people who live near to the ecosystem of such species and is dependent on the same for livelihood. This 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. The habitat destruction due to agriculture, industries, urbanisation and other human activities had led to the erosion of the country’s wildlife. 5. The Act provides for the protection of wild animals, birds and plants; and for matters connected there with or ancillary or incidental thereto. Wildlife protection act The Wildlife Protection Act, 1972. is an Act of the parliament of India enacted for protection of plants and animal species It extends to the whole of India, except the State of Jammu and Kashmir which has its own wildlife act. The Section says that hunting”, with its grammatical variations and cognate expressions, includes,— (a) killing or poisoning of any wild animal or captive animal and every attempt to do so; An Amendment bill was introduced in the Rajya Sabha in 2013 and referred to a Standing Committee, but it was withdrawn in 2015. THE WILDLIFE (PROTECTION) ACT (No. Among other things, the Act lays down restrictions on hunting many animal species. [41] Animals in Schedule V is known as Vermin animals. ADVERTISEMENTS: Summary of Wildlife Protection Act (1972) of India! In same manner, trade in remains of extinct species was banned by court in the matter of Balram Kumawat vs Union Of India & Ors. The day is now celebrated as the World Environment Day. 5. Furthermore, By sreepriya .s 10. The Act was necessitated as some wild animals and birds had become already extinct while some others were on the verge of extinction. Schedule III and IV include animals, not in danger of becoming extinct but hunting them invokes penalties. The Wildlife (Protection) Act 1972 ¾Amended by Amendment Act 16 of 2003 ¾The Wildlife (Protection) Amendment Bill 2002 proposes… zTo provide that captive animals and wild animals included in Schedule I and part II of Schedule II of the Wildlife Act and their parts and products can be acquired only by way of inheritance. Restrictions on entry to such specific areas are given in the Act. Before publishing your Articles on this site, please read the following pages: 1. 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. 2 [***] CHAPTER 1 Preliminary 1. [5] As a major step, covering most of the territory of erstwhile British India, the Wild Birds and Animals (Protection) Act[6] was enacted 1912, from which the current Wildlife (Protection) Act, 1972 has taken the shape. Bollywood super celebrity Salman Khan the existence of certain fundamental rights for too... Big step by enacting the Wildlife Protection Act, 1972 defines the word hunting like you for animals too including. 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