WILD LIFE (PROTECTION) ACT, 1972

Objective

Wildlife – it is one of our basic and natural resources that satisfies the needs or wants of
civilization.

This resource must be conserved, preserved and protected for the existence of mankind.

It is an intrinsic part of our ecosystem as the green plants and animals are members of the trophic
level.

World Commission on Environment and Development – in its report “our common future”
emphasized the preservation of our biological diversity and ecosystems.

Art. 51- A (g) and Article 48A and List III of Schedule VII – included where Centre and State
make laws.(Entry 17-B)

Definition Section “Wildlife includes any animals, aquatic or land vegetation which
2(37) forms part of any habitat”

Authorities CG – appoints Director of wildlife Preservation and Other officers

under the Act and employees(Section 3)
SG – appoint – Chief Wildlife Warden, Wildlife Warden, Honorary
Wildlife Wardens, other officers and employees (Section 4)
Wildlife Advisory Board – Minister in-charge of forest in State –
Head
2 Members from State Government + Secy. to State Legislature +
Forest Officer from concerned State Forest Dept. (ex officio)+
CWW(ex officio) + 5 officers from State Forest Dept.

Prohibition of Section 5 Hunting is prohibited altogether. But CWW (Chief Wildlife

Hunting of Wild Warden) has been authorized to grant permission to hunt animals
Animals under certain circumstances
1. It such wild animal is dangerous to human life,
2. disabled
3. diseased beyond recovery (Added through Amendment Act,
2002)
Kill in good faith after stating the reasons in writing.
Grant of Section 12 CWW also grant permission to hunt to any person on payment
permission to subject to the conditions mentioned in the Act
hunt for special 1. education and scientific research
purpose 2. scientific management – translocation of wild animals to an
alternative suitable habitat, and population management of wild life
without killing, poisoning or destroying them.
3. collection of specimens
4. derivation, collection or preparation of snake venom for the
 manufacture of life-saving drugs
Protection of SC – pointed out the need of preserving and protecting the
Specified Plants vulnerable/critically endangered species of flora and fauna
ie. Critically SG – Section 36-A – declare any area owned by the State
Endangered Government outside the National Parks and Sanctuaries as
Species “Conservation Reserve” for the protection of landscape, seascapes,
flora and fauna, and their habitat.
Community Reserve – Section 36-D – SG declare any private land
for the conservation of wildlife and habitat.
T.N.Godavarman Thirumulpad Vs UOI – SC stressed the shifting
of anthropocentric approach to ecocentric approach.
Protected Area Section 18 SG – Notification – declare to constitute an area, as a sanctuary if it
considers that such area (other than area comprising of reserve
forest or territorial waters) is of adequate ecological, faunal, floral,
geomorphological, natural or zoological significance for the
purpose of protecting, propagating or developing wildlife or its
environment. (Tarun Bharat Sangh Vs UoI)

Whether the legislature has the powers to reduce the area?

Consumer Education And Research Society Vs UoI – GJ State

Legislature reduced the area of Narayan Sarovar Chinkara
Sanctuary from 765.79 sq kms. To 442.23 sq. kms. – this
notification was challenged and the court held that the reduction of
area by the legislature through the notification is possible.
Procedure On the application made by the person to the CWW, it grants
for getting permission to enter or reside in the sanctuary for following reasons
inside/reside 1. investigation/research of wildlife
in the 2. photography
sanctuary 3. tourism
Conservation Section 36- SG +consultation with local community/ies, declare any area
Reserve A and 36-B owned by the Government, particularly the areas adjacent to
national parks and sanctuaries and those areas which link one
protected area with another, as a Conservation Reserve for
protecting landscape, seascapes, flora and fauna and their habitat.
Community Section 36- SG – empowered to declare an area as “Community Reserve” –
Reserve C and where the community or an individual has volunteered a land to
Section 36- conserve wildlife and its habitat. Such private land is not comprised
D within a national park, sanctuary or a conservation reserve.
Trade of animals prohibited – Rajendra Kumar Vs UoI – Ban on import of ivory and articles made
from it.
Indian Handicrafts Emporium Vs UoI – trading in ivory is completely prohibited.
CG and SG possess the powers to frame rules for the smooth functioning of the Act.
Penalties – Any person contravenes any provisions of the Act shall be guilty of an offence under the
Act and on conviction, be punishable with imprisonment for three years or fine extend upto 25,000 or
both