Wildlife is an intricate part of the Eco-System. Wildlife is one of the basic and natural resources of mankind. Therefore, the protection of wildlife is very important. Fortunately, India has got a rich heritage of a variety of animal species[2].

However, many species have become extinct despite their importance, and several others are on the verge of extinction. A number of species are listed as endangered species that are on the verge of extinction. Wildlife species are rapidly declining due to industrialisation, deforestation, poaching, etc, and it is the main concern of all. Due to this concern with the object to protect wildlife, the Wildlife (Protection) Act. is passed in 1972 by the Indian Parliament (henceforth for the sake of brevity called ‘the Act’).

We will discuss some of the important provisions of the Act.

I] AUTHORITIES CONSTITUTED UNDER THE ACT. (Ss. 3 to 8):-

The Act has provided for the appointment of several authorities to carry on an object of the Act. We will discuss them as follows-

1) Appointment of Director (S. 3):-

The Central Government may appoint a Director of Wildlife Preservation and other officers and employees as necessary for the performance of duties under this Act.

In performing his duties and exercising his powers by or under this Act, the Director shall be subject to such general or special directions as the Central Government may, from time to time, give.

2) Appointment of Chief Wildlife Warden and Other Officers[3]:-

Since the subject of protection of wildlife falls in the concurrent list, both the Centre and State legislatures can pass laws. Concerned Governments may frame rules thereunder. Therefore, the Act also empowers State Governments to appoint-

a) Chief Wildlife Warden;
b) Wildlife Warden;
c) Honorary Wildlife Wardens; and
d) such other officers and employees as are necessary to carry on the object of the Act.

In performing his duties and exercising his powers by or under this Act, the Chief Wildlife Warden shall be subject to such general or special directions as the State Government may, from time to time, give.

3) Constitution of the National Board for Wildlife[4] (S. 5 A):-

Apart from the above, there is a National Board for Wildlife. The National Board consists of the Prime Minister as its Chairman, the Minister-in-charge of Forests and Wildlife as Vice-Chairperson, and 45 other members, including Secretaries of concerned government departments, members of Parliament, and eminent environmentalists.[5], and representatives from some States and Union territories.

Functions of National Board (S. 5 C):-

The functions of the National Board are as follows, viz.

i) Framing of policy[6] with respect to promoting wildlife conservation.
ii) Rendering advice[7] to the Central Government and State Governments in

framing the policies with respect to effective controlling of poaching and

illegal trade of wildlife and its products.

iii) Making recommendations[8] for setting up National Parks, Sanctuaries

and other protected areas.

iv) Taking measures[9] to protect wildlife from human activities.
v) Suggesting measures[10] for progress in the field of wildlife conservation.
vi) Preparing and publishing a status report on wildlife at least once in two

years.

Standing Committee of the National Board[11] (S. 5 B):-

The National Board may, at its discretion, constitute a Standing Committee for the purpose of exercising such powers and performing such duties as may be delegated to the Committee by the National Board.

The National Board may constitute committees, subcommittees, or study groups from time to time to properly discharge the functions assigned to it.

4) Constitution of State Board for Wildlife (S. 6):-

There is a State Board for Wildlife. It consists –

i) the Chief Minister of the State and, in the case of the Union, either the Chief Minister or Administrator as a Chairperson of the Committee,
ii) the Minister-in-charge of Forests and Wildlife is a Vice Chairperson and

iii) 29 other members, including Secretaries of concerned government departments,

members of the Legislative Assembly, eminent environmentalists, etc.

Duties of /Wildlife Advisory Board (S. 8):-

It shall be the duty of the State Board for Wildlife to advise the State Government-

i) in the selection and management of areas to be declared as protected areas.
ii) in the formulation of the policy for the protection and conservation of the wildlife

and specified plants.

iii) in any matter relating to the amendment of the Schedule;

iv) in relation to the measures to be taken for harmonizing the needs of the

tribal and other dwellers of the forest with the protection and conservation

of wildlife and

v) in any other matter connected with the protection of wildlife that may

be referred to it by the State Government.

II] HUNTING OF WILDLIFE[12] (S. 9 to 12)

As per provisions of S.9, no person shall hunt any wild animal specified in Schedules I, II, III, and IV except in certain exceptional circumstances provided under S.11 and 12. Schedules I, II, III, and IV list the number of wild animals that cannot be hunted.

Exceptions (S. 11 and 12):-

There are some exceptions provided to the above rule, viz.

1) Dangerous or Disabled Animal[13]:-

The Chief Wildlife Warden may, if he is satisfied that any wild animal has become dangerous to human life or property or is so disabled or diseased as to be beyond recovery or by order in writing and stating the reasons, therefore, permit any person to hunt such animal or cause such animal to be hunted.

2) Killing or Wounding in Good Faith[14]:-

The killing or wounding in good faith of any wild animal, in defence of oneself or of any other person, shall not be an offence.

3) Permit to hunt for Special Purposes[15]:-

The Chief Wildlife Warden can permit the hunt of wild animals for special purposes, such as education, scientific research, and scientific management, upon payment of specified fees.

III] PROTECTED AREAS[16] (S. 18 to 38):-

A Protected area means a National Park[17], a sanctuary[18], a conservation reserve or a community reserve notified under S. 18, 35, 36 –A, and 36- C of the Act. Thus, a protected area means any area declared a National Park, Sanctuary, Conservation Reserve or Community Reserve. We will discuss them one by one.

A) Sanctuary:-

1) Declaration of Sanctuary (S. 18):-

Taking into consideration the ecological, faunal[19], floral[20], geomorphologic, natural or zoological significance of the country, the State Government may declare by notification the specified area/ forest or the territorial waters as a sanctuary to develop wildlife or its environment.

The notification so issued shall specify as nearly as possible the situation and limits of such area. It shall be sufficient to describe the area by road, rivers, ridges[21] or other well-known or readily intelligible boundaries.

In Tarun Bharat Sangh V/s Union of India[22]

Popularly known as the “Sariska” case, the State Government of Rajasthan permitted a number of mining operations in the area of forest reserved for Tigers.

Supreme Court issued directions that no mining operation of whatever nature

shall be carried out within the protected area.

2) Appointment of Collector and his Duties:-

The State Government, within 30 days of the issue of notification of the declaration of the sanctuary, is to appoint a collector for the declared sanctuary (S.18 B). He is appointed to inquire into and determine the existence, nature, and extent of rights of any person in or over the land within the sanctuary’s limits (S.19).

Within 60 days of the sanctuary’s declaration, the collector shall issue a proclamation in regional language giving details about the acquisition of lands/forests/territorial water in every town and village in or near the area comprising the sanctuary’s limits (S.21).

The Collector must settle the claims and complete the acquisition proceeding within 2 years of the sanctuary’s declaration (S. 25 A).

Until settlement of the rights of affected persons,[23] The state Government is required to make alternative arrangements for making available fuel[24], fodder[25] and other forest produce to the affected person, whose grievances will be redressed and salted (S.18 A).

When the collector disposes of the claims made about the land, the State Government issues a notification specifying the limits of the sanctuary and declares that the said area shall be a sanctuary on and from such date (S. 26 A).

3) Protection of Sanctuaries[26] (Ss. 27 to 33 A):-

Sanctuaries are protected by the following means:

a) Restriction on Entry in Sanctuary[27] (S. 27):-

There is a complete restriction on entry to the sanctuary.

However, (i) a public servant on duty;

(ii) a person permitted or authorised by the Chief Wildlife Warden; a

a person having legal rights over the immovable property located

within the limits of the sanctuary or a person passing through the

declared sanctuary along a public highway are exempted.

However, every person, so long as he resides in the sanctuary, should not act against the provisions of the Act. No person is permitted to tease or molest[28] any wild animal or litter[29] the grounds of the sanctuary.

b) Gant of Permit (S. 28):-

Chief Wildlife Warden may also grant permission to any person to enter the sanctuary on an application made, and fees paid for that purpose. The permission to enter the sanctuary must be for the following purposes, viz.

i) study of wildlife;
ii) investigation of wildlife,

iii) photography,

iv) tourism; and
v) transaction of a lawful business.

c) Destruction, etc, in a Sanctuary is Prohibited without a Permit[30] (S. 29):-

No person shall destroy, exploit or remove any wildlife, including forest produce, from a sanctuary or destroy, damage or divert the habitat[31] of any wild animal by any act whatsoever or divert, stop or enhance the flow of water into or outside the sanctuary except permit.

d) Causing Fire Prohibited (S. 30):-

No person shall set fire to a sanctuary, kindle any fire, or leave any fire burning in a sanctuary in such manner as to endanger such sanctuary.

e) Prohibition of Entry with Weapon (S. 31):-

No person shall enter a sanctuary with any weapon except with previous permission of the Chief Wildlife Warden.

f) Ban on Use of Injurious Substances[32] (S. 32):-

No person shall use, in a sanctuary, chemicals, explosives, or any other substances which may cause injury to or endanger any wildlife in such sanctuary.

g) Control of Sanctuary[33] (S. 33):-

The Chief Wildlife Warden has vested[34] with all powers to control, manage and maintain all the declared sanctuaries.

h) Immunization of Live Stock[35] (S. 33 A):-

The Chief Wildlife Warden is empowered to take all necessary measures for immunisation[36] against the communicable disease[37] of the livestock kept in or within 5 kilometres of a declared sanctuary.

i) Constitution of Advisory Committee[38] (S. 33 B):-

The State Government may appoint an advisory committee, including the Chief Wildlife Warden or his nominee as its head and 11 other members, to render advice on measures to be taken to improve the conservation and management of the sanctuary, including the participation of the people living within and around the sanctuary.

j) Registration of Persons in Possession of Arms[39] (S. 34):-

Every person residing in or within 10 kilometres of any declared sanctuary and holding a license granted under the Arms Act of 1959 has to register his name.

No new license under the Arms Act shall be granted within the above-mentioned radius without permission of the Chief Wildlife Warden.

k) Power to Remove Encroachment[40] (34 A):-

Any officer not below the rank of an Assistant Conservator of Forests[41] is empowered to remove any unauthorised structures, buildings, or construction erected on any Government land within any sanctuary or National Park in contravention of the provisions of the Act.

B) National Parks[42]:-

Declaration of National Park (S. 35):-

Whenever it appears to the State Government that an area, whether within a sanctuary or not, is, because of its ecological, faunal, floral, geomorphological, or zoological association or of importance, needed to be constituted as a National Park to protect, propagate or developing wildlife therein or its environment, it may, by notification, declare its intention to constitute such area as a National Park.

The notification shall define the limits of the area that is intended to be declared a national park. Where any part of the territorial waters is to be included in the National Park, prior permission from the Central Government shall be obtained.

No alteration of the boundaries of a National Park by the State Government shall be made except on a recommendation of the National Board.

No person shall destroy, exploit or remove any Wildlife, including forest produce, from the National Park or destroy, damage or divert the habitat of any wild animal by any act whatsoever or divert, stop or enhance the flow of water into or outside the National Park, except under and in accordance with the permit granted by the Chief Wildlife Warden.

No grazing livestock shall be permitted in a National Park, and no livestock shall be allowed to enter therein except where such livestock is used as a vehicle by a person authorised to enter such National Park.

Other provisions relating to sanctuary also apply to National Parks, i.e. the provisions under S.27 to 28, 30 to 32, S.33 (with some exceptions), (S.33 A and 34). In other words, all provisions related to sanctuary mutandis mutandis apply to National Parks.

Declaration of Sanctuary or National Park by the Central Government (S. 38):-

Where the State Government leases or otherwise transfers any area under its control, not being an area within a sanctuary to the Central Government, the Central Government may, if it is satisfied that the conditions specified in S. 18 are fulfilled, about the area so transferred to it, declare such area, by notification to be a sanctuary.

It has the same effect as the sanctuary declared by the State Government. Once the Central Government has taken over the area, the powers and duties of the Chief Wildlife Warden shall be vested in the Director of the National Board for Wildlife.

C) Conservation Reserve[43]:-

1) Declaration and Management of a Conservation Reserve (S. 36 A):-

The Adjacent[44] areas to National Parks and Sanctuaries may be declared ‘conservation reserves’ for protecting landscapes, seascapes, flora and fauna,[45] and their habitat by the State Government after having consultations with the local communities.

To declare any area as a ‘conservation reserve’ it is necessary that the area must be owned by the Central Government or by the State Government. However, where the conservation reserve includes any land owned by the Central Government, the prior approval of the Central Government must be obtained before making a declaration of the conservation reserve.

Other provisions, such as those under S.18, 27, 30, 32, and 33, shall mutatis mutandis apply to conservations resave also.

2) Conservation Reserve Management Committee (S. 36 B):-

The State Government shall constitute a Conservation Reserve Management Committee to advise the Chief Wildlife Warden to conserve, manage and maintain the conservation reserve.

D) Community Reserve[46]:-

1) Declaration and Management of Community Reserve (S. 36 C):-

The State Government may, where the community or an individual has volunteered to conserve wildlife and its habitat, declare any private or community land not comprised within a National Park, sanctuary, or conservation reserve as a ‘community reserve’, for protecting fauna, flora, and traditional or cultural conservation values and practices[47].

The provisions of Ss.18, 27, 30, 32, and 33 applicable to sanctuary also apply muntandis mutandis to such ‘community reserve’.

2) Community Reserve Management Committee (S. 36 D):-

The State Government shall constitute a Community Reserve Management Committee, which shall be the authority responsible for conserving, maintaining, and managing the community reserve.

IV] ESTABLISHMENT OF ZOO[48] (S. 38 A to 38 J)

According to S.2 (39), “zoo” means “an establishment, whether stationary or mobile, where captive animals are kept for exhibition to the public and includes a circus and rescue centres but does not include an establishment of a licensed dealer in captive[49] animals.

1) Recognition of Zoo (S. 38):-

No zoo shall be established without obtaining the prior approval of the Central

Zoo Authority.

The Central Zoo Authority is empowered to make recognition of zoos or withdraw the recognition or suspend the same.

2) Acquisition of Animals by a Zoo (S. 38 I):-

No zoo shall acquire or sell or transfer any wild animal or captive animal specified in Schedule I and II without the prior permission of the Central Zoo Authority.

3) Prohibition of Teasing etc. in a Zoo (S. 38 J):-

No person shall tease, molest, injure or feed any animal or cause disturbance to the animals by noise or otherwise or litter the grounds in a zoo.

4) Central Zoo Authority[50]:-

a) Constitution[51] of Central Zoo Authority (S. 38 A):-

The Central Government shall constitute a body to be known as the Central Zoo Authority, to exercise the powers conferred on, and to perform the functions assigned to it under the Wildlife (Protection) Act.1972.

The Authority shall consist of the following persons:-

i) Chairman;
ii) Number of members not exceeding ten; and

iii) a member secretary.

b) Functions of the Authority [S. 38(C)]:-

The Authority shall perform flowing functions, viz.

i) to lay down the minimum standards for housing, upkeep, and veterinary

care of the animals residing in a zoo;

ii) evaluate or assess the functioning of the zoo[52].

iii) recognition or de-recognition of the zoos[53];

iv) specify the animals for breeding while in captivity, it is called “captive

breeding”.

v) to formulate a plan, program, and measures for captive breeding;
vi) chalk out a coordination training program for zoo personnel in India

or abroad;

vii) undertake a research program for proper management and scientific

development of zoos and

viii) other necessary functions assigned under the Act.

V] TRADE OR COMMERCE IN WILD ANIMALS, ANIMAL

ARTICLES AND TROPHIES[54]

The Act prohibits trade, commerce, etc in wild animals, animal articles,[55] and trophies. The word “trophy” is defined by S.2 (31) of the Act means the whole or any part of any captive animal or wild animal other than vermin[56], which has been kept or preserved by any means, whether artificial or natural and includes-

i) rugs[57], skins, and specimens[58] of such animal mounted in whole or in part

through a process of taxidermy[59]; and

ii) antler[60], bone, carapace[61], shell, horn, rhinoceros horn, hair, feather, nail,

tooth, tusk, musk, eggs, nests, and honeycomb.

The provisions are as follows-

1) Trade or Commerce in Wild Animals, Animal Articles, and Trophies

Prohibited (S. 39):-

Wild animals, animal articles, trophies, or uncured trophies or meat are regarded as Government property. The hunting, custody, or breeding of wild animals is prohibited. If any person is found involved in such activities, he shall be liable for penal action. Moreover, the authorised officer will seize the weapon, tools, vehicles, or any articles used for hunting, breeding, custody, and control of wild animals, and an F.I.R. is to be lodged in the nearest Police Station.

Prohibition of Dealings in Trophies, Animal Articles, etc, derived from

Scheduled Animals (S. 49 B):-

“Scheduled animal” means an animal specified for the time being in Schedule I or Part II of Schedule II. Dealing with trophies, animal articles, etc, derived from scheduled animals is prohibited. No person can commence or carry on the business as:-

a) a manufacturer or dealer in scheduled animal articles or
b) a dealer in ivory imported into India or article made therefrom, or
c) a taxidermist concerning any scheduled animals or
d) a dealer in a trophy or uncured trophy derived from any scheduled

animal; or

e) a dealer in any captive animals which is being scheduled animal or
f) a dealer in meat derived from any scheduled animal or
g) cook or serve meat derived from any scheduled animal in the eating house.

However, in the public interest, the Central Government may permit such business to commence or carry out.

2) Regulation of Transfer of Animal etc (S. 43):-

Transfer of ownership of a specified captive animal or animal article by way of sale, offer for sale, or by any other mode of consideration of a commercial nature is prohibited.

3) Dealings in Trophy and Animal Articles without Licence Prohibited (S.44):-

Dealing with trophies and animal articles without a license is prohibited. No, dealing in the following nature without a license is permitted, viz. (a) dealer in the animal article, a taxidermist, or a dealer in a trophy or uncured trophy, a dealer in captive animals, or a dealer in meat, or cook or serve meat in any eating house, or derive, collect or prepare or deal in snake venom.

The concerned officer can suspend or cancel the license for misuse of it (S. 45).

4) Purchase of Animal, etc., by Licence (S. 48):-

The purchase, custody, control, possession, and transfer or transport of specified wild animals or animal articles must be carried out in accordance with the prescribed rules. No other person without a license can deal in the matter (S.49).

*****

[1] वन्यजीव संरक्षण

[2] प्रजाती

[3] मुख्य वन्यजीव अधिकारी

[4] राष्ट्रीय वन्यजीव मंडळाची रचना

[5] प्रख्यात पर्यावरणवादी

[6] धोरणांची चाचपणी

[7] सल्ला देणे

[8] शिफारशी सुचवणे

[9] उपाय मोजणे

[10] उपाय सुचवणे

[11] राष्ट्रीय मंडळाची स्थाई समिती

[12] जंगली प्राण्यांची शिकार

[13] धोकादायक किंवा पंगू किंवा दुर्बल प्राणी

[14] सदभवणेने प्राणी ठार करणे किंवा जखमी करणे

[15] विशेष उददेशासठी शिकारीची परवानगी

[16] संरक्षीत श्रेत्र

[17] राष्ट्रीय उदयान

[18] अभायारण्य

[19] विशिष्ट प्रदेशातील प्राणीजात

[20] विशिष्ट प्रदेशातील वनस्पती

[21] पर्वतरांगा

[22] 1992 Supp (2) SCC 448

[23] बाधित लोक

[24] इंधन

[25] चारा

[26] अभय्यारण्याचे संरक्षण

[27] अभय्यारण्यात प्रवेश निषिददध

[28] डिवचणे

[29] फापट पसारा टाकणे

[30] अभयअरण्यात नासाडी करण्यास प्रतीबंध

[31] आश्रयस्थान

[32] अभय्यारण्यात घातक पदार्थास बंदी

[33] अभय्यारण्याचे नियंत्रण

[34] सोपवणे

[35] वन्य जीवांचे लसीकरण

[36] रोगापासून प्रतीबंधक उपाय

[37] संसर्गजन्य अजार

[38] सल्लाविषयक समीतीची रचना

[39] शस्त्रधारक व्यक्तीची नोंदनी

[40] अतिक्रमणे हटवण्याच अधिकार

[41] सहाय्यक वन संवर्धक

[42] राष्ट्रीय उदयाने

[43] संरक्षीत श्रेत्र

[44] नजीकचा

[45] रमनीय समूद्र प्रदेश वनस्पती व प्राणी

[46] सामूदायिक श्रेत्र

[47] पुरोगामी किंवा सांस्कृतीक संवर्धन मूल्ये व प्रथा

[48] प्रणी संग्रालयाची स्थापना

[49] पकडलेले

[50] केंद्रीय प्रणी संग्रालय प्राधीकरण

[51] रचना

[52] प्रााणी संग्रालयाच्या कार्याचे मूल्यमापन करणे

[53] प्राणी संग्रालयास मान्यता देणे किंवा काढून घेण

[54] वन्य प्राण्यांचा त्यांचे अवयवांचा व चिन्हांच व्यावहार इ.

[55] प्रान्यांचे अवयव

[56]अपायकारक प्रणी

[57] लोकर

[58] नमूने

[59] प्राण्याची शरीर भरण्याची अवस्ता

[60] हरणाचे शिंग

[61] कछुवे की पीठ की हड्डी/ कवच