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GUJARAT NATIONAL LAW UNIVERSITY

SEMESTER VII/BATCH
2018-2023

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ENVIRONMENT LAW

CONTINUOUS INTERNAL EVALUATION

WILDLIFE LAWS IN INDIA

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 ACKNOWLEDGEMENT

We thank all those who directly and indirectly helped in the completion of this case analysis.
We are grateful to our supervisor Dr. Saira Gori, Assitant Professor of Law, GNLU who
entrusted us with this Research Paper and gave me adequate support to complete the same in
a convenient time frame.

We are deeply indebted to our renowned university for providing us with all the required
sources to complete this paper with no hassles. Without the help of the remote access and
other online sources provided by the university, this submission would not attain the current
quality.

We are also thankful to all my fellow students whose competition and productive ideas, have
provided an impetus to the progress of my research paper.

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 DECLARATION
I hereby declare that this Research Paper is my original and autonomous work. The following
paper has not been submitted elsewhere for evaluation and/or publication. All sources and
aids used have been cited as footnotes and referenced towards the end according to the
Oscola form of citation (4th Edition). Any error/discrepancy is purely coincidental and
unintentional.

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 1. INTRODUCTION

“For if our beautiful animals and birds cease to exist life will at once become dull and
colourless”.

- Mr. Jawahar Lai Nehru

Nature has always been vital to human existence. The term "environment" refers to the
physical surroundings and conditions, which include the quality of the air, water, greenery,
flora, and all types of life that share a habitat. Most of us have encountered the "Web of Life"
at some point in our lives, which demonstrates that all forms of life, from algae and fungi to
us humans, rely on one another for survival. The value of wild life and wildness to the quality
of life on the planet earth is undeniable. However, civilization's so-called progress has caused
a major threat to the ecosystem in general and wildlife in particular around the world,
including India. Global warming, habitat destruction for development, and human greed are
just a few of the primary factors that have put our species at risk, resulting in an overall loss
of biodiversity. Indeed, the tremendous importance of wildlife conservation for humanity
may be recognised by the fact that the elimination of wild life will eventually result in the
extinction of the human race. As diverse as India's civilizations and faiths are, so is its flora
and wildlife. The biodiversity of the Indian subcontinent is a visual feast for nature lovers.
Approximately 23.68%1 of India is covered by forest, which protects a unique and
unparalleled resource of the wild heritage, whether it is flora, fauna, avi-fauna, or aqua-fauna.
This densely forested area is home to several well-known giant creatures, including the Asian
Elephant, Bengal Tiger, Asiatic Lion, Leopard, and Indian Rhinoceros, which are frequently
culturally ingrained and religiously affiliated with deities 2. Around 23.68 percent of India is
covered by forest, which protects a unique and unparalleled resource of the wild heritage,
whether it is flora, fauna, avi-fauna, or aqua-fauna. This densely forested area is home to
several well-known giant creatures, including the Asian Elephant, Bengal Tiger, Asiatic Lion,
Leopard, and Indian Rhinoceros, which are frequently culturally ingrained and religiously
affiliated with deities. Several more well-known large Indian mammals are ungulates,
including the rare Wild Asian Water Buffalo, the common Domestic Asian Water Buffalo,
the Nilgai, and Gaur, as well as several species of Deer and Antelope. Certain dog family

1
Forest Survey of India <https://www.fsi.nic.in> accessed on 1st Oct 2021.
2
Wildlife Institute of India, < https://wii.gov.in/nwdc_biosphere_reserves> accessed on 29th Sept 2021.

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members, such as the Indian Wolf, Bengal Fox, Golden Jackal, and Dhole or Wild Dogs, are
also widely dispersed. Additionally, it is home to species such as the Striped Hyaena,
Macaques, Langurs, and Mongoose. Regrettably, much of this culture has been lost over
India's recent violent past. Extensive hunting by British and Indian rajas, large-scale forest
clearance for cultivation, gun availability, poaching, strong insecticides, and an ever-growing
population have all had a terrible effect on India's ecosystem. To address this threat to India's
priceless assert, the Indian government has taken significant measures toward environmental
control during the last few decades.

Apart from constitutional protection for wildlife, India adopted the Wildlife Protection Act in
1972 and began Project Tiger to conserve critical habitat, among other measures. India now
has seventeen biosphere reserves,3 seven of which are members of the World Network of
Biosphere Reserves. The country also proudly encompasses twenty-five wetlands, as
registered under the Ramsar Convention.4

At the state level too, the respective governments are joining hand with the central
government to achieve the objective of “save environment-save earth”. To keep the spirits
high, the contribution of fourth pillar of our democracy i.e. media, also, cannot be ignored.

India is unique in having immense Natural beauty in its different biomes and in processing a
rich and diverse wildlife. To a common man the term wildlife means the wild undomesticated
or natural animals existing in their natural habitats as forests, deserts, grasslands etc.
However, an ecologist includes both, the naturally occurring animal as well as plants in
wildlife. On a global level there appears to be a great deal of ambiguity attached to the term
'wild life'. Webster's Dictionary defines 'wildlife' as living things that are neither human nor
domesticated, especially mammals, birds and fish hunted by man. In the American usage, the
term 'wild life' is used to designate the games and excludes the fish.

State governments, too, are collaborating with the federal government to accomplish the goal
of "save the environment-save the earth." To keep spirits high, the fourth pillar of our
democracy, the media, cannot be overlooked.

3
Explorations in Applied Geograpiiy By Dutt Misra & Chatterjee (eds.), L R Singh, Ashoic K Dutt, H N Misra,
Meera Chatterjee
4
UNESCO, < https://en.unesco.org/biosphere/wnbr> accessed on 1st Oct 2021.

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India is remarkable in its abundance of natural beauty in its various biomes and in its ability
to process a broad range of fauna. To the average person, the phrase "wildlife" refers to
undomesticated or natural creatures that exist in their natural environments such as woods,
deserts, and grasslands. An ecologist, on the other hand, considers both naturally occurring
animals and plants in wildlife. On a worldwide scale, the term 'wild life' appears to be fraught
with ambiguity. According to Webster's Dictionary, 'wildlife' refers to all living things that
are neither human nor domesticated, particularly mammals, birds, and fish that are pursued
by humans. In American parlance, the word 'wild life' refers to the games and excludes fish.

Generally, the term 'wildlife' refers to enormous, well-known, and ferocious animals such as
tigers, leopards, wolves, jackals, elephants, rhinoceroses, hippopotami, giraffes, deer, whales,
sharks, and crocodiles. However, it encompasses all species - plants, animals, and bacteria -
that exist or grow in nature independently of human influence. 'Wildlife' is also defined in
Section 2 of the 1972 Wildlife Protection Act (37)5 as- "Wildlife includes any animal, aquatic
or land vegetation which forms part of any habitat". Sec. 2 (36) says that 'wild animal' means
"any animal specified in Schedule I to IV and found wild in nature".

5
Wildlife Protection Act, 1972, s. 2(37).

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 2. NEED OF WILDLIFE AND ITS PRESERVATION

India is one of the most genetically diverse countries on the planet in terms of flora and
fauna. Almost all major habitat types are found in India, from locations with the most rainfall
to the driest deserts, from the coldest Himalayan regions to the warmest climatic conditions,
from the highest elevation to sea level.

Along with a diverse array of invertebrates, India is home to over 5000 species of mammals,
1230 species of birds, 220 species of snakes, 150 species of reptiles, 30 species of turtles,
three species of crocodiles, 142 species of amphibians, and 105 genera of freshwater fish.6

There are many factors that necessitate the conservation of wildlife.

(a) Economic Importance –

Plant - Plants produce food not only for themselves but also for all other organisms,
including man. They also provide timber, paper, gums, resins, drugs, tannins, fibbers, rubber,
oils, sugar, drinks (tea, coffee), dry fruits, etc. Plants release oxygen, check soil erosion,
provide shelter to animals, prevent floods and advancement of deserts and control climate.7

Animals - Animals aid in the breakdown of organic molecules. Animal excrement is

beneficial for soil enrichment. Birds aid in pollination and seed and fruit distribution. They
serve as a source of carbon dioxide for producers, i.e. plants. Animals supply a variety of
useful materials, including fur, wool, silk, leather, musk, ivory, honey, lac, hair, feathers,
pearls, and shells. Additionally, animals are employed for transportation and agricultural
purposes. Since ancient times, wild animals have provided man with food, clothes, utensils,
and ornaments, and his urge to protect them dates all the way back.

(b) Ecological Balance

All organisms are adjusted in food chain. Nature has created a balance in all aspects of life,
and if this balance is disturbed, the result is some calamity. So is the case of wild life.
Wildlife as the term itself suggests constitutes two units: wild plants and wild animals. From

6
Overview of Legal Regime Relating to Conservation of Wildlife in India, <www.uls.ac.in/CEERA> accessed on
1st Oct 2021
7
Botanical Survey of India. 1983. Flora and Vegetation of India — An Outline. Botanical Survey of India,
Howrah. 24 pp.

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these two units on the one hand, revolve the food web and on the other transformation of
energy gives a balanced environment. Withdrawal, destruction and replacement of individual
species cause severe imbalances and threaten wildlife.

Changing forest complexion has led to the extermination of many animal species for
example; Dinosaurs were gradually replaced by smaller living beings. Certain wild animals
like tiger, panther, deer, lion etc. are fast facing extinction. There are stringent laws
preventing hunting and poaching of such animals coupled with efforts to maintain such wild
species to thrive and contribute their bit towards environmental maintenance. There is a good
deal of effort on the part of governmental and voluntary organizations to protect wildlife yet
poaching and hunting are still practiced. The legislatures are now required to formulate
policies and legalities before it would be too late.

(c) Scientific Value

In biological and medicinal research, animals are used. Among these valuable animals are the
fruit fly, rat, rabbit, guinea pig, dog, and monkey. This demands wildlife protection. Sea
urchins aided in the development of an understanding of human embryology; a desert toad
aided in the early detection of pregnancy; rhesus monkeys aided in the understanding of
human blood groups; deer antlers provided a method for determining the degree of
radioactive contamination in natural environments; and studies of animal behaviour revealed
new insights into a variety of topics. A chimp learns sign language and a Japanese macaque
spreads the knowledge of how to wash sweet potatoes, and we gain a new perspective on
communication. Additionally, thousands of plant species have been employed medicinally
from the dawn of recorded history. Today, 1700 species in China and at least 2500 plants in
India are utilised medicinally. Quinine, for example, is derived from the Cinchona tree
(malaria), Penicillin is derived from a fungus, and certain plant species are suspected to have
anti-cancer compounds, among others.

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 3. LEGAL STATUS OF ANIMALS AND WILDLIFE

In the nineteenth century, groups dedicated to animal protection began to appear, particularly
in Britain, and legislation protecting animals from abuse became widespread. The movement
was founded on animal welfare, which meant that rather than granting legal status to animals,
human beings were supposed to exhibit a minimal level of compassion and humaneness. It is
not until the twentieth century that the concept of animals having rights apart from their
relationship with humans begins to develop. The historical pendulum swings between grave
concern and indifference regarding the state of the world's natural environment, including
flora and wildlife, and between hope and despair regarding the plight of our planet's people.

For the majority of the developing world, wildlife is either a resource competitor or a
resource in and of itself. As a result, animal conservation challenges in poorer countries are
complicated. Therefore wildlife protection issues in developing countries involve: 8

a) aiming to provide suitable protected areas conducive to wildlife reproduction;

b) attempting to enforce protections for threatened and endangered species' populations;
and
c) addressing the numerous atrocities linked with the wildlife and bush meat trades, as
well as striving to resolve human-animal disputes.

According to one estimate, India, along with 17 other super diverse countries, accounts for
approximately 60%–70% of the world's biodiversity. Our country is home to several well-
known giant beasts, including the Asian Elephant, Bengal Tiger, Asiatic Lion, Leopard, Sloth
Bear, and Indian Rhinoceros, which are frequently ingrained in our culture and religion and
frequently connected with deities.

Until the mid-nineteenth century, wildlife in India was numerous and its environment was
generally intact. However, over time, the insatiable needs of humans posed a grave threat to
their dominion. To protect the dwindling habitats of our wild heritage, wildlife management
in the country has become critical in the modern day.A. Constitutional Framework For
Protection of Animals

8
Divan Rosencranz, Environmental Law and Policy in India (2001), p 328.

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Indian Constitution, one of the few in the world, provides specific provisions on
environmental conservation, with a particular emphasis on wild species. The national
commitment to the conservation and improvement of the environment (including animals) is
expressly stated in both the Directive Principles of State Policy and the Fundamental Duties,
and is reinforced by judicial interpretation.

• The Forty Second Amendment Act and Wild Life Protection.

The legislature is arguably the most influential actor in India when it comes to prescribing
environmental standards. Four years after the Stockholm Conference, the Constitution's forty-
second amendment included several major sections on the issue of "ecology and
environment." At the time, the Indian Constitution was the first constitution in the world to
include provisions for environmental preservation. Prior to the 42nd amendment, a lack of
concern for the environment caused jurists to regard the Indian Constitution as being
environmentally blind.

• Fundamental Rights And Wild Life Protection:

In the early 1970s, decision-makers recognised that unless a standard, well-structured law
was enacted across the country, wildlife protection would be jeopardised. As a result, the
1972 Wildlife (Protection) Act (hereafter referred to as the main Act, 1972) was enacted. The
1972 Wildlife (Protection) Act mirrored the times. It first permitted hunting licences and
regulated the trade in animal products such as ivory, fur, skins, and other derivatives of
wildlife". However, poaching of wild animals has grown in severity over the years as the
price of wild animals and their goods has risen exponentially. The Indian elephant
population, particularly in southern India, has been seriously threatened by ivory poachers.
Although the trade in Indian ivory was prohibited in 1986, the importation of ivory allows
unscrupulous ivory traffickers to legalise poached ivory under the guise of imported ivory.
Parliament enacted the Amendment Act No. 44 of 1991 in response to the poachers' and
ivory traffickers' actions, as well as the rapid reduction of the elephant population, in order to
update the 1972 primary Act and thereby conserve the aforementioned wild species.

This Amendment Act was challenged as being violation of Articles 19(1)(g) and 300A12 of
the Constitution of India by Ivory Traders and Manufacturers Association before a full bench
of the Delhi High Court through a case titled Ivory Traders and Manufacturers Association

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v. Union of India.9 Among the petitioners were a Society registered under the Societies
Registration Act, 1860 (an association of persons connected with the trade and business of
ivory, including those engaged in the manufacture of ivory articles), dealers in ivory, and
artisans engaged in the business of carving raw ivory. They challenged specific modifications
to the Wild Life (Protection) Act, 1972, made by Amendment Act No. 44 of 1991,
prohibiting the importation of ivory and items made from it. The other petitioners were
dealers and manufacturers of jewellery, as well as carvers of mammoth ivory. They
maintained that, despite the fact that they are not covered by the 1972 Wild Life (Protection)
Act and its 1991 Amendment Act No. 44, the authorities are prosecuting them for possessing
mammoth ivory and goods made from it. The petitioners argued that the ban on the import of
ivory or items derived from it violates Articles 19(l)(g) and 1414 of the Indian Constitution
because it is illogical, unjust, and arbitrary. The Amendment Act, in accordance with Section
51 read with Section 49C(2), extinguishes the petitioners' claim to imported ivory
legitimately purchased and products created from it, without providing for compensation. As
a result, this was a breach of Article 300A of the Indian Constitution. To this, the
respondents, the Union of India and the World Wide Fund for Nature (WWF), contended that
the requirement of protecting and conserving natural life is critical for human survival.
Because the trade in wild animals is comparable to the trade in liquor or any other noxious
substance, it is not protected under either Article 14 or 19(l) (g).

In another case of G.R. Simon and Others v. Union of India' somewhat same kind of
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circumstances were put forth in front of the Delhi High court where on one hand the plea of
fundamental rights was banked upon and on other hand the issue of protection of wild life
was brought into light. In this case the petitioners were manufacturers, wholesalers and
dealers engaged in retail trade of tanned, cured and finished skin of animals and were also
engaged in retail trade of articles made of skin (animal articles).The petitioners challenged
chapter V-A of Wild life Protection of the Amendment Act, 1986 and notifications issued
there in as violative of Articles 19(1) (g) read with Art. 300 9 and Art. 300 A of the
Constitution.

The petitioners contended that there is no connection between the goal of animal preservation
and the prohibition and destruction of trade/business in animal skins and goods derived from
them. They maintained that the amended Act rendered petitioners unemployed and
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uncompensated. Petitioners who had lawfully obtained skin and skin articles from already-
killed animals and invested large sums of money were deprived of livelihoods, a violation of
Art. 19(1 ). (g). It is impossible to argue that protecting vast populations of wild animals is in
the public interest. The Court, however, rejected the petitioners' arguments as being without
substance and emphasised the critical need of enacting the Wild Life Protection Act. It stated
that wildlife is a component of cultural heritage in the same way that archaeological
monuments, paintings, and literature are, and that each and every species contributes to
ecological equilibrium..

B. Environment (Protection) Act 1986: An Umbrella Legislation and the Wildlife

(Protection) Act 1972.

Environment (Protection) Act 1986, was enacted by the Constitution, under Article 253, after
the unforgettable tragedy of Bhopal gas leakage case. The term environment as defined under
section 2 (a) of the Act states, “Environment" includes water, air and land and the inter
relationship which exists among and between water, air and land, and human beings, other
living creatures, plants, micro-organism and property”.

This definition demonstrates unequivocally that the Act encompasses all aspects of the
environment, whether human or fauna (other living species as defined in the definition), flora,
or even microorganisms. Due to the Act's broad scope, it serves as umbrella legislation for all
environmental sectors. This Act empowers the central government to safeguard and improve
the quality of the environment, to manage and decrease pollution from all sources, and to ban
or restrict the establishment and/or operation of any industrial facility on environmental
grounds. Though the Act has no direct connection to wild life protection, it indirectly
contributes to their conservation through section 3(1), which empowers the Central
Government to take all necessary or expedient measures for the purpose of protecting and
improving the quality of the environment and preventing, controlling, and abating
environmental pollution.

To give effect to the provisions of the stated statute, rules titled "The Environment
(Protection) Rules, 1986" were enacted in 1986.

These Rules provide the parameters within which the Central Government may make orders
prohibiting or restricting the location and operation of industries in various locations. Under

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Rule 5, the central government is required to take the following elements into account while
forbidding or regulating the site of industries and the conduct of processes and activities in
certain areas:

 The biological diversity of the area which, in the opinion of the Central Government
needs to be preserved.
 Proximity to a protected area under the Ancient Monuments and Archaeological Sites
and Remains Act, 1958 or a sanctuary, National Park, game reserve or closed area
notified as such under the Wild Life (Protection) Act, 1972 or places protected under any
treaty, agreement or convention with any other country or countries or in pursuance of
any decision made in any international conference association or other body.

To provide this issue further teeth, the National Environment Appellate Authority was
established pursuant to the 'National Environment Appellate Authority Act, 1997'.

This Authority is responsible for hearing appeals concerning restrictions on the areas in
which any industry operation or process, or class of industries, operations, or processes, may
not operate or may operate subject to specific protections under the Environment (Protection)
Act, 1986.

Gradually, it became apparent that, despite the establishment of these institutions, there has
been great delay in the disposition of environmental matters, resulting in a rise in their
pendency. As a result, on 18.10.2010, the National Green Tribunal was established to ensure
the effective and quick resolution of issues involving environmental preservation and forest
and other natural resource conservation. Additionally, the tribunal is empowered to enforce
any legal right relating to the environment, as well as to grant relief and compensation for
damages to persons and property, as well as for matters associated with or incidental to such
subjects.

C. Protection Of Animals Under Law Of Tort:

Strict liability has always been imposed in tort law for animal-related damages. Because
animals lack a conscience and have a high propensity for mischief if not confined, humans
who keep them have a responsibility to restrain them. In the majority of jurisdictions, the

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usual rule is that animal caretakers are strictly accountable for damage caused by their
animals' 'Trespass' on another's property.

The law makes a distinction between domesticated and wild animals for the purpose of
determining culpability for harm other than trespass. Domesticated animal keepers, which
include dogs, cats, cattle, sheep, and horses, are technically accountable for the harm they
cause only if they had real knowledge that the animal possessed the particular characteristic
or proclivity that resulted in the harm. The trait must have the capacity to do harm, and the
harm must be proportional to the knowledge.

Keepers of species considered "wild" in that territory are strictly accountable for any injury
caused by their pets if they escape, regardless of whether the animal is known to be
dangerous. Because such creatures are known to revert to their innate impulses, regardless of
how highly taught or domesticated they are, they are termed wild.

D. Protection of Animals Under Indian Penal Code:

Indian Penal Code, 1860, specifies that the mischief by killing or maiming cattle, etc is an
offence under section 429 of the Code. It is but to note here that protection under this section
of the Code, mainly to animals which can be tamed. The said intention was made clear in the
case of Nabin Chandra v. State11 in which the petitioner shot and killed a Rhinoceros with a
gun. The Magistrate convicted the petitioner under Section 429 of I. P. C and the Sessions
Judge upheld the Magistrates decision in an appeal. . The court held:

“...it is clear from the language of the section that the various animals enumerated therein
are all domestic animals so the words ‘any other animal’ in the section means animal of
same kind or class, ejusdem generis, as domestic animals and does not include wild animals.
Moreover Rhinoceros cannot be held as domestic animal. ”

Thus, the court set aside the conviction and sentence of the petitioner and ordered for refund
of fine imposed by the wildlife warden.

E. Prevention of Cruelty To Animals Act:

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Because animals are employed in a variety of industries, including agriculture, transportation
and recreation, as well as therapeutic and domestic purposes, animals have been exploited
through coercive means and the infliction of unnecessary pain. Thus, the British Government
in India passed the Prevention of Cruelty to Animals Act, 1890, to prohibit animal cruelty (11
of 1890). However, numerous problems were discovered throughout the administration of the
stated Act. To ensure that the law is sound, the Government of India initiated :

(i) The Prevention Of Cruelty To Draught And Pack Animals Rules, 1965:

. Bullock, horses, mules, ponies, and camels are all considered Draught and Pack
animals. These laws establish guidelines for restricting the loads that such animals
may transport. Other guidelines are also given forth here to ensure the health and
well-being of the draught and pack animals.

(ii) The Prevention Of Cruelty To Animals (Licensing Of Ferries) Rules, 1965:

. The guidelines contained below govern the licencing of ferries. The term 'perrier'
refers to a person who is in the business of shoeing cattle. The term 'cattle' as used in
this document applies to buffaloes, bullocks, horses, mules, and donkeys, as well as
any animals employed for draught, pack, or carriage work that require shoeing. The
rules prohibit anyone from carrying on Ferrier's business without a licence.

(iii) The Performing Animals Rules, 1973:

The said rules are set out for the performing animals and list the necessary

requirements for registration to be made by the person desirous of exhibiting or

training such animals.

(iv) The Prevention of Cruelty to Animals (Registration of Cattle Premises) Rule, 1978:

The requirements governing the registration of premises are spelled forth here for any
person who owns or is in charge of premises on which at least one head of cattle is
kept for the purpose of profit.

(v) The Prevention of Cruelty to Animals (Slaughter House) Rules, 2001:

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 The rules here specify the minimum requirement for slaughtering in slaughter House.
It enumerates the list of animals which can be slaughtered and the conditions in which
a slaughter house is to be maintained.

(vi) The Prevention of Cruelty to Animals (Establishment and Regulation of Societies

for Prevention of Cruelty to Animals), Rule 2001

These rules are laid down for regulation of societies to be established for enforcing the
provisions of the Act and to make such bye-laws and guidelines as it deem necessary
for the efficient discharge of its duties.

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 4. CONCLUSION, RECOMMENDATION AND WAY FORWARD

Numerous laws have been implemented in India to protect and conserve wildlife and to put
an end to unlawful wildlife trading. These are insufficient in light of the expanding
international commerce in medicinal plants and other flora and faunal derivatives. To be
effective, these rules must be implemented with certainty, with a minimum amount of time
required to administer penalty, and with exemplary severity of punishment. Recognizing the
worldwide significance of animals, a concerted effort has been made by all countries through
the holding of different conferences, treaties, and accords. India has also taken an active role
in raising awareness about this issue. In India, there are about two hundred central and state
statutes relating to environmental preservation. The 1986 Environment Protection Act, the
2002 Biological Diversity Act, and the 2010 National Green Tribunal Act are the offshoots of
these international treaties, to which India is also a party. Our country's legislature and
judiciary have constantly demonstrated an interest in wildlife conservation. However, as
forest cover continues to dwindle, the survival of wild species has been imperilled. This
explains why our country's efforts continue to have some gaps. The country's primary
environmental issues stem from the connection of environmental degradation, poverty in all
its manifestations, and economic growth. These issues are inextricably linked to the state of
environmental resources such as land, water, and air, as well as their associated flora and
fauna. Environmental degradation is primarily caused by population growth, inefficient
technology and consumption choices, and poverty, all of which result in altered relationships
between people and ecosystems, as well as development activities such as intensive
agriculture, polluting industry, and unplanned urbanisation.

The authors of this article would like to make a few recommendations.

Suggestions

 Preparation of scientifically sound, protected area-specific management plans by teams

of officials, specialists, and representatives from the local community, incorporating case
studies of previous management triumphs and failures. Each protected area should have
strict conservation zones and degraded ecosystems recognised, as well as unique
management strategies developed for these places.

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 Currently, the WLPA does not adequately protect foreign endangered animal species. If
detected, Indian wildlife authorities have no recourse other than to request intervention
from customs authorities, which is impractical. As a result, it is necessary to include
endangered species from other nations in order for India to better comply with its CITES
responsibilities.
 In India, the conviction rate for severe crimes is frequently quite low due to systemic
flaws. It is still poorer in situations involving wildlife offences. The second most critical
component in determining deterrence is the length of time required to administer the
punishment. Thus, unless legal and wildlife experts collaborate to close the WLPA's
three major loopholes, the WLPA will remain a paper tiger.
 There is an urgent need for a new conservation model that integrates conservation,
development, and social equity. The notion that all human activity in protected areas is
counterproductive to effective conservation should be abandoned. As long as this
assumption holds true, the dominant model will be one of community separation or
exclusion, rather than community inclusion in protected area management.
 Significant international conventions, such as the Convention on Global Biodiversity
(1992), the Convention on International Trade in Endangered Species of Wild Fauna and
Flora (1973) (CITES), the Convention on the Conservation of Migratory Species of Wild
Animals (1979) (Bonn Convention), and the Convention on Wetlands of International
Importance, Particularly for Waterfowl Habitat (1971) (Ramsar Convention), all require
ratification.
 Most importantly, there should be judicial sensitization through the establishment of a
"Wild Life Protection Center" at the Supreme Court, High Courts, and district Courts to
collect material pertaining to the description and analysis of wild life protection-related
policy and legislation and to make this information available to judges and members of
the legal community.

Way Forward

Though numerous international conventions and treaties have been established, there is no
instrument or treaty addressing the rights of domestic and wild animals. Human beings must
consider animal rights, and similar to the UDHR, a worldwide declaration of animal rights is

18
necessary. Though the International League of Animal Rights adopted a draught statement of
animal rights on 15th October 1978, whose preamble declared that 'All animals are born with
an equal claim on life and the same rights to exist,' those clauses lack legal standing.
According to Justice Krishna Iyer, there should be a 'Universal Declaration on the Rights of
Nature' at the international level that codifies all conservation laws for the protection of
natural resources. Making a legislation or forming a law is insufficient; social awareness in
the form of movement is critical from the core of society. Only democratically structured
social governance of industry and nature has the potential to cause revolution, and
environmental revolution will inevitably lead to social revolution for a better future. Unless
there are strong movements in favour of its provisions, laws are only ornamental additions to
the statute book.

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