STUDENT NAME: - DASHANG SAMEER DOSHI

ROLL NUMBER AND DIVISION: - D-190

TOPIC: - WILDLIFE PROTECTION ACT – RESTRICTIONS AND PROHIBITIONS ON

HUNTING

SUBJECT: - ENVIRONMENTAL LAW

COLLEGE NAME: - JITENDRA CHAUHAN COLLEGE OF LAW

FACULTY TO WHOM THE PROJECT IS SUBMITTED: - PROF. DR. PRIYA J.

SHAH & PROF. MINAL SHARMA

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 ACKNOWLEDGEMENT

I would like to take this opportunity to express my gratitude to one and all without whom it
would not be possible to complete the project. Firstly, I would like to express my gratitude
towards Prof. Dr. Priya J. Shah & Prof. Minal Sharma for guiding me throughout the project.
I also feel thankful and express my gratitude towards our Principal Dr. Priya J. Shah for
giving me this opportunity. All the respected teachers provided me with their vital support
and guidance because of which I could make this project. This project helped me in finding
my capabilities and also enhanced my research skills.

I would also like to express my sincere thanks to my family; it would not have been possible
to finish this project without their support and coordination. Lastly, I would like to thank my
friends who have been upfront whenever I needed help from them for making this project
within the stipulated time frame.

Dashang Sameer Doshi

FYLLB D - 190

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 Table of Contents

SR. NO TOPIC PAGE

NUMBER
1. Introduction 4
2. Need of Wildlife Protection Act, 1872 5
3. Objective of Wildlife Protection Act, 1872 6
4. Hunting of Wild Animals 7
 Need for Prohibition 8
 Definition of Hunting under Wildlife Protection Act, 1872 8

 Scheduled Species 9

 Cases where Hunting of Wild Animals is Permitted 10

10
 Grant of Permit for Special Purposes
12
 Penalty & Cancellation of License
5. Conclusion 13
6. Bibliography 14

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INTRODUCTION

Wild Life, which is a part and parcel of the environment, constitutes wealth of the nation.
it included wild animals, birds, plants etc. However, man, in the process of progress and
development and also for his selfish ends, is causing much damage to the forests and wild
life. Wild life is nature's gift and its decline has an adverse effect of ecology and hence there
is an urgent need to protect the wild life.

With large buildings replacing the forests all around the world, the ecological balance is at
great risk and hence it can cause various natural disasters. Once the areas which were filled
with various species of wildlife have now become devoid of it. There is a rapid decline of
wild animals in India. Many species of birds and animals are extinct in our country like the
pink-headed duck, Indian aurochs, Asiatic cheetah, and some species are endangered like the
Bengal tiger, Asiatic lion, Indian rhinoceros etc. It was of major concern and which
necessitates the need to bring in the legislation for the protection of wildlife.  

The Section 2(37) of the Act defines Wildlife as it incudes any animal, bees, butterflies,
crustacean, fish and moths; and acquatic or land vegetation which forms part of any habitat.
So the meaning of the wildlife in this Act is very wide and inclusive of all kinds of flora and
fauna. 

The Wild Life (Protection) Act, 1972 is an Act passed by the Parliament of India on August
21, 1972, and later implemented on 9 September, 1972. This Act was enacted for the
protection of plants, birds and animal species. The Wildlife Protection Act is an umbrella
Act to protect wild animals and plants. Before this Act was enacted there were very few
national parks. This Act includes provisions for protection of plants and animals, hunting,
harvesting and various other ancillary matters connected thereto. It has six schedules which
extend to all over India. Under this Act, various kinds of penalties are also laid down for the
violation of the laws contained therein. This Act contains 66 sections and six schedules.

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NEED OF WILDLIFE PROTECTION ACT1

Wildlife is a part of ‘forests’ and this was a state subject until the Parliament passed this law
in 1972. Now it is Concurrent List. Reasons for a nationwide law in the domain of
environment particularly wildlife include the following:

1. India is a treasure-trove of varied flora and fauna. Many species were seeing a rapid
decline in numbers. For instance, it was mentioned by Edward Pritchard Gee (A
naturalist), that at the turn of the 20th century, India was home to close to 40000 tigers.
But, a census in 1972 showed this number drastically reduced to about 1827.
2. A drastic decrease in the flora and fauna can cause ecological imbalance, which affects
many aspects of climate and the ecosystem.
3. The most recent Act passed during the British era in this regard was the Wild Birds and
Animals Protection, 1935. This needed to be upgraded as the punishments awarded to
poachers and traders of wildlife products were disproportionate to the huge financial
benefits that accrue to them.
4. There were only five national parks in India prior to the enactment of this Act.
5. In a country like India, it has been relevant to frame laws in terms of protecting wildlife
and every single thing related to nature.
6. There are certain species of animals which gets extinguished if in case there are no
actions taken to curb the same.
7. Certain penalties are to be imposed with which the people would be cautious to such an
act.

So, to help with this a law has to be formuated which protects the nature and wildlife. Hence,
Wildlife (Protection) Act, 1972 was enacted on 9 th September 1972. It was an Act of
Parliament which was constituted for protection of plant and animal species. The act is
applicable all over India.

OBJECTIVES OF WILD LIFE PROTECTION ACT:

1
Wildlife Protection Act, 1972, (July 24, 2021 11:38 PM), https://byjus.com/free-ias-prep/wildlife-protection-
act-1972/

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The objectives of Wild Life Protection Act can be described as under :

 One of the main objectives is to prohibit the hunting of wild animals, various species of
birds etc.
 It lays down various punishments for the violation of rules and regulations to have
proper control over the activities of human beings and to serve the various purposes of
this Act.
 To provide shelter and protect the animals which are not in danger but need protection
and security.
 To specially protected animals that can be hunted like ducks, deer etc. For hunting such
animals, the hunter has to obtain a license from the District Officer. If the license is
granted, he would be given a certain restricted area to shoot the animals and in a
particular season. Any of the acts which result in infringement of such a license will be
cancelled.
 To plant trees and build protected animal parks so that such animals are protected in
environment-friendly and natural areas.
 To provide trade and commerce of some wild species by providing a license for
possession, sale, and transfer.
 To maintain the diversity of flora and fauna of the country and also to maintain a
healthy ecological balance.
 To empower the Central Government and State Government to declare certain areas as
Sanctuaries or National Parks.
 To help cultivation and plant life and gives teeth to setting up more animal protected
plants.
 To support the launching of the National component of UNESCO’s Man and Biosphere
Programme, 1971. 
 To support the Convention of International Trade in Endangered Species of Fauna
and Flora (CITES, 1976).2

HUNTING OF WILD ANIMALS

2
Hemant More, Wildlife Protection Act, 1972, (July 27, 2021, 9:33 PM),
https://thefactfactor.com/facts/law/civil_law/environmental_laws/wild-life-protection-act/1454/

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One of the human activities that kills the most nonhuman animals is hunting. There are no
statistics on how many animals are killed by hunters. If each hunter killed only one animal
per year, the kill count would be in the tens of millions; as it is, hunters kill many animals
every year, so the actual number of deaths worldwide may be in the hundreds of millions, if
not billions.

Some criticize hunting for the fact that there are hundreds of human victims (either killed or
injured) of hunting worldwide every year. Some of these victims are hunters themselves,
while others are simply passers by. However, if we reject speciesism or simply take into
account the interests of nonhuman animals, we don’t need any of those reasons to oppose
hunting. We just need to point out that this practice harms nonhuman animals in many
different ways.

Whether hunters try to justify their killing by citing human deaths caused by wild animals, by
making conservationist claims, by claiming that it’s acceptable to hunt as long as the animals’
bodies are eaten, or simply because of the pleasure it brings them, the fact remains that
hunting is morally unacceptable if we consider the interests of nonhuman animals. Hunted
animals endure fear and pain, and then are deprived of their lives. Understanding the
injustices of speciesism and the interests of nonhuman animals makes it clear that human
pleasure cannot justify nonhuman animals pain.3

Soon after the French revolution, hunting was made illegal which caused damage to the
ecosystem of the forest and also led to endangered species. Earlier hunting was considered as
a spare time activity and sign of nobility but now the government has made many laws
related to prohibition of hunting which regulate the practice.

As said “hunting is a leisure activity during the time of emperors but in the latter period,
hunting was not considered as a leisure or spare time activity, rather it was considered as a
Necessity.” The reason behind considering hunting as a necessity in the early period is that
during the early period, People were nomadic and there was no development of other
societies except nomadic society. At the beginning they ate the animals which get dead or
deceased but with the passing of time they started to look for fresh meat and healthy animals
and started hunting by using their man made tools made up of stones. Some of the tools
which were majorly used by the hunters in early and middle age were spear, bow and quiver.
3
Hunting, (July 25, 2021, 11:37 AM), https://www.animal-ethics.org/hunting/

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NEED FOR PROHIBITION

The need for a prohibition title itself shows why hunting needs to be prohibited. It is because
the term ‘need’ means it should be completed or to be done in any circumstances no matter
whatever the situation would be. Hunting means killing wild animals for the purpose of
earning large amounts of money or for the purpose of self fulfillment and is totally wrong
in both aspects legally as well as morally. Hunting should be prohibited because of the
continuous practice of killing from the very early period due to which the balance of the
ecosystem gets disturbed and it affects human and animal life. Hunting leads to the
extinction of various species and which gradually paves way to the danger to biodiversity. 

Hunting should be banned because many tribes realize wild fauna which are alive have
greater value in biodiversity than the dead ones and also it maintains the ecological
balance and if in this condition hunting will not be prohibited then it will be hurting many
tribal groups which believe in living fauna in the biodiversity. 

The prohibition of hunting for all these benefits is necessary and for implementation of this
rule of not hunting any animal, Government brings many acts for the regulation of hunting
and prohibition of hunting in India. Some of the Acts which were introduced for the
implementation of the rule of ban of hunting and regulation of prohibition of hunting. These
acts includes:-

 Indian Wildlife Protection Act, 1972.

 The Prevention of Cruelty to Animals Act, 1960
 Indian Penal Code, 1860.

DEFINITION OF HUNTING UNDER THE WILDLIFE PROTECTION ACT:

Section 2(16) of Wildlife Protection Act, 1972 defines the word hunting. 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;
b) capturing, coursing, snaring, trapping, driving or baiting any wild or captive animal
and every attempt to do so;

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c) injuring or destroying or taking any part of the body of any such animal or, in the
case of wild birds or reptiles, damaging the eggs of such birds or reptiles, or disturbing
the eggs or nests of such birds or reptiles;4

The definition of hunting under the Wildlife Protection Act is quite comprehensive. It not
only covers capturing, killing, poisoning, snaring and trapping of wild animals but also
includes every attempt to do so. Further, hunting also includes ‘driving’ any wild animal for
the above said purposes. Injuring or destroying or taking any part of the body of any such
wild animal or in the case of a wild bird or reptile, damaging the egg os such birds or reptiles
or even disturbing the eggs or nests of such birds or reptiles would also amount to hunting.

In the case of State of Bihar v. Murad Ali Khan 5 it was held that hunting is an offence
under section 51(1) of the Wildlife Protection Act and decided that hunting of wild animals is
to be permitted in certain cases and gave an example of self defence that in order to protect
ourselves from wild animals in any circumstances and killing or giving any harm to that
animal will not fall under the provision of Wildlife Protection Act. 

In the case of Nabin Chandra Gogoi v. State6 the magistrate convicted the man under section
429 of Indian Penal Code and according to the provision of the Wild Birds and Animals
Protection Act, 1912. But, Petitioner filed an appeal against this decision and Session Judge
upheld the Magistrate decision and contended that the conviction under Section 429 of IPC
was not valid as section 429 of IPC says that killing of domestic animal will make the
petitioner liable under the provision and killing of rhinoceros is in no way killing of a
domestic animal and hence conviction under provision of Section 429 of IPC is invalid.

SCHEDULED SPECIES:

The concept of Scheduled Animal was introduced in the 1986 vide Amendment Act, 1986.
A scheduled animal is defined to include any animal listed in Schedule 1 and Part II of
Schedule II whereas, a wild animal is listed in different Schedules i.e. Schedule I, II, III,
and IV in accordance with the degree of protection accorded to it. The Scheduled animal

4
Wildlife Protection Act, 1972 (Bare Act).
5
1989 AIR, 1 1988 SCR Supl. (3) 455.
6
1961 CriLJ 226.

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has been accorded the highest protection. Trade in any such scheduled animal is
completely banned.

Specified plants are those which are defined in Schedule VI of the Wildlife Protection Act.
Only six species of plant have been included in this schedule.

CASES WHERE HUNTING OF WILD ANIMALS IS PERMITTED7

Section 11 of the Wild Life (Protection) Act, 1972  states that in certain circumstances
hunting of wild animals is permitted and are stated below:-

 If the Chief Wildlife Warden is satisfied that the animals listed in Schedule 1 are
becoming a threat to human life or any property or such animal has been affected by
the incurable disease from which it cannot be recovered, in such a situation the chief
warden may give in writing the permit and also stating the reasons for granting the
permission to a person to hunt such animal. 
 If the Chief Wildlife Warden is satisfied that the animals listed in Schedule 2, Schedule
3, or Schedule 4 are becoming a threat to human life or any property or such animal has
been affected by the incurable disease from which it cannot be recovered, in such a
situation the chief warden may give in writing the permit and also stating the reasons
for granting such permission to a person to hunt such a animal. 
 Hunting is permitted and is not an offence if the animal has been killed or wounded to
save the life of one own self or to save the life of others. Any injury done to an animal
due to self-defence is not an offence. Provided that such a person has not violated any
rules under this act and such killing of an animal was necessary, it could not be avoided. 
 Any animal killed in such a defence will be government property.

GRANT OF PERMIT FOR SPECIAL PURPOSES

Grant of permit hunting for special purposes simply means that any person can practice
hunting without being held liable according to the provisions of law which regulate the
hunting of Animals only in special circumstances or for special purposes. 

7
J. Suparna Rao, The Wild Life (Protection) Act, 1972: An Overview, (July 25, 2021, 7:25 PM),
https://blog.ipleaders.in/wild-life-protection-act-1972-an-overview/

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According to the Section 12 of Wildlife (Protection) Act, 1972, notwithstanding anything
contained elsewhere in the Wildlife (Protection) Act, 1972, it is lawful for the warden to
grant a permit, by an order in writing stating the reasons therefor, to any person, on
payment of fees as prescribed, which shall entitle the holder of such permit to hunt subject to
such conditions as may be specified, for the purpose of:

1. Education
2. Scientific Research
3. Scientific Management

After analyzing the Section 12 of the Wildlife Protection Act, 1972 we come to know that
there is grant of permit of hunting for some specific purposes and these all specific purposes
are so much essential for any country to develop it and the three purposes are mentioned
above. 

Education, which is considered as the most important element of the society. Education is
necessary for all and for the work of research and practical study, there is a need for
animal body parts and due to which hunting is permitted for this area. 

Scientific research is something which is required to develop in this field to compete at

global level and never be dependent on other countries for scientific research on something
or particular things. And, the last one is Scientific management. Before explaining why it is
necessary, first one should understand what scientific management is. ‘Scientific
Management’ is a management that analyzes and smoothens workflows in any place or
organization. Scientific management is considered an element and considered as an
exception for which hunting is permitted so that it ensures a smooth workflow, brings
efficiency, effectiveness and productivity.8

PENALTY AND CANCELLATION OF LICENSE

Any person who hunts wild animal shall be punishable with imprisonment for a term which
may extend to 3 years or with fine which may extend to Rs. 25000/- or with both. However,
if any person commits the offence in the sanctuary or national parks, with respect to any
8
Rohit Raj, Laws relating to Hunting of Wild Animals, (July 25, 2021, 7:43 PM), https://blog.ipleaders.in/laws-
hunting-wild-animals/

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animal specified in Schedule 1, he shall be punishable with imprisonment which shall not
be less than 1 year but may extend to 6 years and also with fine which shall not be less than
5000/-.

As per Section 13 of Wildlife (Protection) Act, 1872, the Chief Wildlife Warden or any
such authorised officer can cancel or suspend the license of a person, by general or special
order of the State Government in writing and also provide such valid reasons for the
suspension or cancellation of the license.

CONCLUSION

Hunting of Wild animals is considered illegal not in the early phase of period but the
government is active and considering it illegal just after the French revolution and many
laws and provisions were laid down for the regulation of the hunting of animals. 

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Banning hunting is also a necessary step taken by the government as it almost imbalances
the ecosystem and deteriorating nature. The major reason according to my presumption for
considering hunting as illegal is that it leads to extinction of many species of wild animals
and affecting the biodiversity which is the main focus of any country.  

It explains how the exception area is essential for the development of the country instead of
extinction of wild animal species due to hunting, some areas which were considered so much
important for the development of Nation, are eligible to do hunting for their purposes
whenever they need without being booked under the provision of law and the different acts.
Yes, this is also an important element for any nation to compete and develop with any
other nation but for that continuous hunting of wild animals is never a solution. Government
should not bring more laws for hunting prohibition, the most important thing is that the
laws which were existing currently for the regulation of prohibition of hunting should be
strictly followed and regulated. For better control on it, the government should make a
special committee which looks after the activities of the members of these three departments
to whom hunting is allowed for their purpose for contributing to the development of the
nation and this committee should look after their day to day activities so that extra hunting
more than necessary should not be exercised and if anybody does extras than necessary
requirement then they should be punished as per the given law or existing law.

BIBLIOGRAPHY

1. Wildlife Protection Act, 1972

2. Hemant More, Wildlife Protection Act, 1972,
https://thefactfactor.com/facts/law/civil_law/environmental_laws/wild-life-protection-
act/1454/

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3. Hunting, https://www.animal-ethics.org/hunting/
4. J. Suparna Rao, The Wild Life (Protection) Act, 1972: An Overview,
https://blog.ipleaders.in/wild-life-protection-act-1972-an-overview/
5. Rohit Raj, Laws relating to Hunting of Wild Animals, https://blog.ipleaders.in/laws-
hunting-wild-animals/Ibra Akanda v. Emperor, AIR 1944 Cal 339.
6. Wildlife Protection Act, 1972, https://byjus.com/free-ias-prep/wildlife-protection-act-
1972/
7. State of Bihar v. Murad Ali Khan, 1989 AIR, 1 1988 SCR Supl. (3) 455.
8. Nabin Chandra Gogoi v. State, 1961 CriLJ 226.

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