25 Wild Life Protection Act (WLPA) 1972

ASHUTOSH JAISWAL

Structure

1.1 Introduction

1.2 Wild Life Protection Act (WLPA) 1972

1.3 Necessity of Wildlife Protection Act

1.4 Salient Features of WLPA, 1972

1.5 Key Points of the WLPA 1972

1.6 Amendment in WLPA 1972

1.7 Drawbacks and Criticism of the WLPA

Objectives:
• To understand the impression of different environmental
laws
• To confer familiar understanding about Wild Life
Protection Act (WLPA) 1972 and its necessity
• To discuss salient features of WLPA, 1972
• To comprehend Amendment in WLPA 1972
• To examine drawbacks and criticism of the WLPA
 1.1 Introduction

India is the first country in the world to have made provisions

for the protection and conservation of environment in its
constitution. 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. Sweden was the first country to suggest
United Nations Economic and Social Council (ECOSOC) the
idea of having a UN conference to focus on human interactions
with the environment.General Assembly Resolution 2398 in
1969 decided to convene a conference in 1972 and mandated a
set of reports from the UN secretary-general suggesting that the
conference focus on “stimulating and providing guidelines for
action by national government and international organizations”
facing environmental issues. Soon after the Stockholm
Conference our country took substantive legislative steps for
environmental protection. India is endowed with an immense
variety of natural resources in its rich animal and plant heritage.
Wildlife is one of our basic and natural resources that satisfies
the needs or wants of civilization. Therefore, this resource must
be conserved, preserved and protected for the existence of
mankind. Now let us see the chronological development of
wildlife protection in India in different periods.

Environmental Laws:
• The Wildlife (Protection) Act was passed in 1972,
• the Water (Prevention and Control of Pollution) Act in
1974,
• the Forest (Conservation) Act in 1980,
• Air (Prevention and Control of Pollution) Act in 1981
• the Environment (Protection) Act in 1986.
 1.2 Wild Life Protection Act (WLPA) 1972

The Post-independence era witnessed a lot of changes in the

policies and attitudes of the Governments with respect to
environmental protection. There were many enactments to
protect the Forest, Environment, Water, Air and Bio-Diversity.
All these Acts are directly or indirectly give provisions to the
protection of the wildlife. But let us specifically emphasis on
Wildlife protection, since our topic of discussion is wildlife
protection.The Indian Constitution gives ample provisions to
protect the wildlife in its territory. Though there are many
implied provisions on wildlife protection in the constitution
like Article-21, Union, State and Concurrent list, the main
Articles which specifically protects the wildlife are Article-
48(A) and Article-51(A)-(g). Article-48(A) says that the state
shall endeavour to protect and improve the environment and to
safeguard the forest and wildlife of the country. Art. 51A (g)
imposes fundamental duty on the every citizen of India to
protect and improve the environment and have compassion for
living creatures.

“The wildlife protection act is an act of the parliament to

protect plant and animal species that are in danger due to
natural or anthropogenic causes”.

The Wildlife Protection Act, 1972 is an Act of the parliament

of India enacted for protection of plants and animal species
which provides:

Captive breeding programme for endangered species like

Lion (1972), Tiger (1973), Crocodile (1974) and Brown
antlered Deer (1981) were stated under this act.
 It extends to the whole of India except the state of Jammu and
Kashmir which has its own wildlife act.

Protection to listed species of flora and fauna and establishes

a network of ecologically-important protected areas.

Power to the central and state governments to declare any area

a wildlife sanctuary, national park or closed area.

Ban on carrying out any industrial activity inside these

protected areas.

It provides for authorities to administer and implement the

Act, regulate the hunting of wild animals, protect specified
plants, sanctuaries, national parks and closed areas, restrict
trade or commerce in wild animals or animal articles and
miscellaneous matters.

The Act prohibits hunting of animals except with permission

of authorized officer when an animal has become dangerous to
human life or property or as disabled or diseased as to be
beyond recovery.

The Act consists of 60 Sections and VI Schedules divided into

Eight Chapters. Out of the six schedules which give varying
degree of protection:

i. Schedule I and part II of Schedule II provide absolute

protection and offences, under these prescribed the highest
penalties.
 ii. The penalties for Schedule III and Schedule IV are less and
these animals are protected.
iii. Schedule-V includes the animals which may be hunted
(common Crows, Fruit Bats, Mice and Rats Only).

iv. Schedule VI contains the plants which are prohibited from

cultivation and planting some plants for example are Blue
Vanda (Vanda soerulec), Kuth (Saussurealappa), Pitcher Plant
(Nepenthes Khasiana) and Red Vanda
(Ranantherainschootiana).

The Wildlife Protection Act, 1972 instructs that no wild

mammal, bird, amphibian, reptile, fish, crustacean, insects, or
coelenterates listed in four Schedules of the Wild Life
Protection Act can be hunted either within or outside protected
areas. On conviction, the penalty for hunting is imprisonment
for a period ranging from a minimum of three to a maximum of
seven years with fines not less than 10,000 rupees.Community
reserves and conservation reserves are two new categories of
protected areas that have been included under the WLPA.
These two categories provide a greater role for local
communities, stakeholders and civil society as well as the
opportunity to protect many areas of conservation value that
cannot be designated under strict categories such as wildlife
sanctuaries or national parks.The statute prohibits the
destruction or diversion of wildlife and its habitat by any
method unless it is for improvement or better management and
this is decided by the state government in consultation with the
National and State Boards for Wildlife.

1.3 Necessity of Wildlife Protection Act

 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. Some wild animals and birds
have already become extinct in this country and the other in
danger of being so. 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. The Wild Birds and Animals Protection Act, 1935
has become completely outdated. These 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. 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.Conservation of Wildlife is
ignored in the development era. But we should not forget that
environment and development go hand in hand. It is the duty of
Government and Individuals (Citizens of India) to be
responsible towards environment and conserve wildlife. Today,
efforts are being made towards wildlife conservation in India,
to preserve this natural wealth. Numerous wildlife
conservation projects have been undertaken in India, both at the
government as well as the individual level, to protect the rich
wildlife of the subcontinent.

1.4 Salient Features of WLPA, 1972

The Act contains 66 Sections divided into seven chapters and

six schedules. Chapter-I (Sections 1 and 2) contains short title
and definitions. Chapter-II deals with Authorities under the
Act. Chapter-III deals with the protection of Specified Plants.
Chapter-IV provides for declaration of sanctuaries, National
Parks and Closed Areas. Chapter- IV-A deals with Central Zoo
Authority and Recognition of Zoos. Chapter-V deals with
Trade or Commerce in Wild Animals, Animal Articles and
Trophies. Chapter-V-A deals with prohibition of Trade or
Commerce in Trophies, Animal Articles etc. Chapter-VI relates
to Prevention and Detection of offences and finally Chapter-
VII contains Miscellaneous Provisions.The Wildlife Protection
Act, 1972 which we read today is a product of process which
started long ago in 1887 for the protection of a few wild birds
and after addition of wild animals in 1912 and specified plants
in 1991 it covered almost all the wildlife resources which need
protection and management. A few salient features of the Act
are as follows:

1. The Act provides for setting up of National Parks, Wildlife

Sanctuaries etc. with provision of providing protection to some
endangered plants.

2. It provides for the appointment of wildlife advisory board,

wildlife warden, their powers and duties etc.

3. Provides guidelines for framing policies and advising

Central and State Government on promotion of wildlife
conservation and controlling poaching and illegal trade of
wildlife and its products.

4. Making recommendations for setting up and managing

national parks, sanctuaries and other protected areas and
suggesting measures for improvement of wildlife conservation.

5. Under the Act, comprehensive listing of endangered

wildlife species was done for the first time and prohibition of
hunting of the endangered species was mentioned.
 6. The rating of the Schedules I to V is in accordance with the
risk of survival of the wildlife (fauna) enlisted in them. Animals
included Schedule are provided for total protection from
hunting and the trade and commerce related to such animals are
strictly regulated. The schedule VI has been added to include
the specified plant species to be protected by the Wildlife
(Protection) Amendment Act of 1991.

7. An expert committee, constituted by the Indian Board of

Wildlife considers amendments to the Act, as and when
necessary.

8. The Wildlife Act of 1972 as amended in 1982, 1986, 1991

and 1993 has 7 Chapters, 66 Sections and 6 Schedules. The Act
with its various amendments provides the necessary tool to
prevent damage to the wildlife.

9. With the amendment of the Act in 1991, powers of the State

Governments have been withdrawn almost totally. Now the
State Governments are not empowered to declare any wild
animal a vermin. Further by addition of provision,
immunization of livestock within a radius of 5 km from a
National.

10. The Act imposes a ban on the trade or commerce in

scheduled animals and it provide for legal powers to officers
and punishment to offenders.

11. Five kinds of protected areas can be notified in the Act

and these are as follows:
 1.5 Key Points of the WLPA 1972

Wildlife may include any animal, bees, butterflies,

crustacean, Fish and moths; and aquatic or land vegetation
which form part of any habitat.

Wild animal would mean any animal found wild in nature and
includes any animal specified in Schedule I, Schedule II,
Schedule III, Schedule IV or Schedule V wherever found.

Habitat would include land, water or vegetation which is the

natural home of any wild animal.

Hunting would include the capturing, killing, poisoning,

snaring and trapping any wild animal and includes an attempt
to do so or even driving an animal for the purpose. Injuring or
destroying or taking any part of the body of such animal or bird
or reptiles or even damaging their eggs or disturbing their nests
would also mean hunting.

Trophy would include the whole or part of any captive wild

animal other than vermin preserved by natural or artificial
means and includes rugs, skins and specimens of such animals
mounted in whole or part by taxidermy. Antler, horn hair,
feather, nail, tooth musk, eggs and nest would also be called
trophy.

Entry with weapons is also prohibited without previous

permission of Wildlife warden. It is the duty of the Wildlife
Warden to immunize against all communicable diseases,
livestock within 5 Kms of the sanctuary. The State Govt. may
also if it deems fit that an area within or outside a sanctuary is
by reason of ecological, flora, fauna, geomorphologic, natural
or zoological association constitute it to be a National Park by
notification.

Wild animals are basically the property of the Government.

In case of any person has possession of such animal or article
he may report it to the nearest police officer within 48 Hours or
hand over such property to the officer-in-charge. Certificate of
ownership may be granted by the Chief Wildlife warden in case
of possession, which he may mark in a prescribed form for the
purpose of identification.

1.6 Amendment in WLPA 1972

In 1963, the World Conservation Union (IUCN General

Assembly) passed a resolution calling for an international
convention on regulations on export, transit and import of rare
or threatened wildlife species, their skins and trophies. Ten
years later 21 countries signed the Convention on International
Trade in Endangered Species of Wild Fauna and Flora
(CITES). The main aim was to check on the over exploitation
through International Trade. In 1972, the endangering of
various species due to trade in skins of Lizards, Monitors,
Snakes etc. sold in millions along with those of the Tiger, Rhino
horns, Bear paws and gall bladders accelerated India to enact
the Wildlife (Protection) Act1972. India joined CITES in 1976
by Ratification. However, the Wildlife (Protection) Act 1972
had some flaws and loopholes which were abused by
unscrupulous traders, this led to an amendment in1982. An
amendment to the Act in 1982 introduced provisions permitting
the capture and transportation of wild animals for the scientific
management of animal population. An amendment in the year
1991 resulted in the insertion of the special chapters dealing
with the protection of specified plants and the regulation of
zoos. This also recognized the needs of tribal and forest
dwellers and changes were introduced to advance their welfare.
The near-total prohibition on hunting was made more effective
by the Amendment Act of 1991. Some of the silent features
during these amendments were the verification and marking
with identification of stock of wild life for licensed dealers was
required. Transportation of wildlife and wildlife products
required a permit from an authorized officer that the product
had been legally acquired. Trade in ivory and its products were
completely banned. Issue of firearms License within 10 Kms of
a sanctuary without the concurrence of the wildlife warden was
prohibited. Vehicles, Arms, Vessels and Weapons used for the
purpose of committing offences under the Act were to be
seized. Commercial felling and exploitation of Flora was
banned. Individuals and N.G.O’s were allowed to take
instances of violations directly to courts. A Central Zoo
Authority was setup to ensure sound management of the Zoos.
Widespread changes have been made by the Wildlife
(Protection) Amendment Act, 2002 and a new chapter has been
incorporated as Chapter VI-A to deal with the forfeiture of
property derived from illegal hunting and trade. Further, this
amendment Act also introduced the concept of co-operative
management through conservation reserve management
committee and community reserve committees. The 2006
amendment introduced a new chapter (IV B) for establishment
of the National Tiger Conservation Authority and notification
of Tiger Reserves (before this amendment, Tiger Reserves
were not defined under the law, but were merely administrative
designations to enable funding under Project Tiger). The
Wildlife Crime Control Bureau (WCCB) was constituted vide
the 2006 amendment to monitor and control the illegal trade in
wildlife products. The WLPA provides for investigation and
prosecution of offences in a court of law by authorized officers
of the forest department and police officers. The Act underwent
many amendments. The Wildlife Protection Amendment Bill,
2013 seeks to ban the use of animal traps, except under certain
conditions, engage Gram Sabhas and Gram Panchayats in
management of protected areas, and to grant hunting rights to
hunter-gatherer Scheduled Tribes of the Andaman and Nicobar
Islands. The Bill proposes that hunting in national parks and
sanctuaries or the alteration of their boundaries should be
punished with 5 to 7 years in jail and fine of RS 5 to 25 lakh,
up from 3 to 7 years in jail and RS 10000 fine in the current
law; the punishment would be 7 years in prison and RS 30 lakh
fine for repeat offenders, up from 3 to 7 years of imprisonment
and RS 25000 fine now. The amendments propose stricter
deterrents for crimes related to sale, purchase and transfer of
animals, their parts or products listed in various schedules.
With this introduction now let us discuss the Wildlife
(Protection) Act, 1972 in a detailed way.

1.7 Drawbacks and Criticism of the WLPA

We have seen that there are a number of important

environmental laws in the form of Acts for safeguarding our
environmental quality. But inspite of these acts, we find that we
are not able to achieve the target of bringing 33 per cent of our
land cover under forests. Still we are losing our wild life. The
rivers have been turned into open sewers in many places and
the air in our big cities is badly polluted. The status of
environment shows that there are drawbacks in environmental
legislations and problems in their effective implementation. Let
us examine some important issues related to our act of 1972.
Some of the major drawbacks of the Act include:

• Mild penalty to offenders

• Illegal wildlife trade in J and K

Personal ownership certificate for animal articles like tiger

and leopard skins
No coverage of foreign endangered wildlife
• Pitiable condition of wildlife in mobile zoos
• Little emphasis on protection of plant genetic resources.

The inadequacy of border control mechanism to check

wildlife trafficking has also provided impetus to poachers to
use the Indo-Chinese border to directly supply tiger parts from
the source country to the consumers in China.

Earlier trade in tiger parts was legalized in China which led

to the market being flooded with tiger products from both
captive bred tigers as well as wild tigers. CITES Resolution
Conference 12.5 asks Parties to prohibit trade in tiger parts and
derivatives, both internationally and domestically, even from
captive-bred specimens19. This resolution was adopted by
consensus after which the demand for tiger products from
China has been substantially reduced. If China legalizes tiger
trade again, it will bear significant responsibility for loss of
wild tigers due to poaching.

With regard to the rampant cross border trade in wildlife, the

Wildlife Protecting Act has yet another glaring loophole; the
extent of enforcement of the Wildlife Protection Act doesn’t
include Jammu and Kashmir. Jammu and Kashmir is host to a
diverse range of endemic species, however these are not
covered by the state Act.

The Wildlife Protection Act also fails to comprehensively

cover practices that are for scientific purposes such as venom
extraction from snakes. Most institutions produce venom by
extracting it repeatedly from each snake until the animal dies,
thereby depleting the wild population of these venomous
snakes, some of which are endangered.

The Wildlife Protection Act is silent on the procedure for

ethical capture, handling and release of these snakes, although
an amendment in 1982 has allowed for collection of snakes for
extraction of venom for manufacture of anti-venom and life
saving drugs under Section 12(d).

A commonly exploited loophole in the Wildlife Protection

Act is the provision for self defence, which is often abused and
can easily be claimed whilst hunting wildlife. Section 11(2) of
the Wildlife Protection Act states that “The killing or wounding
in good faith of any wild animal in defence of oneself or any
other person shall not be an offence” This allows many forest
dwellers who hunt animals with rudimentary weapons to
merely claim self defence when caught and get away with it,
simply because the burden of proof does not lie on them to
prove that they were not hunting the animal. Thus the efforts of
vigilant forest guards are often defeated in court when the plea
of self defence is sustained simply because of the obvious lack
of insurmountable evidence that they were hunting the animal.
The incentive for killing an animal needs to be completely
eliminated in the cases of killing wildlife for self defence so
 that the cases where animals are hunted and self defence is
claimed can be curbed.

you can view video on Wild Life Protection

Act (WLPA) 1972

References:

• Admin (2017) Wildlife Conservation Initiatives

by Indian Government, [Online]
Availableat:https://www.ranthamborenationalp
ark.com/…/wildlife-conservation- initiatives-
indian-go.
• Belize (2000) Wildlife Protection Act– Chapter

220 (Revised Edition),[Online] Available at:

www.belizelaw.org/web/lawadmin/PDF%20fil
es/cap220.pdf.
• CPREEC(2017)EnvironmentalLawsofIndia,[Online]

Available
at:http://environmentallawsofindia.com.
• IFAW (2017) Annual Report and Financial
Statements for the Year Ended 30 June 2012.
[Online] Available at:
http://www.ifaw.org/sites/default/files/FY12
%20IFAW%20U
• K%20Charity%20FS.pdf.
• Kaushik A (2006) Perspective in Environmental
Studies, New Age International Limited
Publishers, New Delhi.
• Mol A (2017) Essay on Wildlife Protection in India,

[Online] Available at:

http://www.preservearticles.com/20110121360
2/2080-words-essay-on-wildlife protection-in-
india.html.
• NCRB (2017) Cases Reported under Wildlife
Protection Act during 2015, [Online] Available
at:https://community.data.gov.in/cases-
reported-under-wildlife-protection-act-
during-2015/.
• Parliament of India – RajyaSabha (2014) Two

Hundred Fifty Third Report “The Wild Life

(Protection) Amendment Bill, 2013”, RajyaSabha
Secretariat, New Delhi.
• SomeshJha (2014) Centre to review Indian Forests

Act, [Online] Available at:http://www.business-

standard.com/article/economy-policy/centre-
to-review-indian-forest-act-
114100600895_1.htm.
• Staff Reporter (2009) Wildlife protection Act to be

more tiger friendly, The Hindu, 23 November

2009, Ned Delhi
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ife Protection Act, 1972, [Online] Available

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Conclusion…
Certainly. Here's a comprehensive conclusion on wildlife
protection in India:

"The landscape of wildlife protection in India presents a

complex tapestry of achievements, challenges, and
ongoing e@orts. India, with its rich biodiversity and diverse
ecosystems, has made significant strides in wildlife
conservation since its independence, yet faces continued
pressures in an ever-changing environmental and socio-
economic context.

The Wildlife Protection Act of 1972 stands as a

cornerstone of India's conservation e@orts, providing a
robust legal framework for protecting the country's flora
and fauna. This act, along with subsequent legislation like
the Biological Diversity Act of 2002 and various
environmental protection laws, has created a multi-
faceted approach to conservation. The establishment of
numerous national parks, wildlife sanctuaries, and tiger
reserves has provided safe havens for many species,
some of which, like the tiger and the Indian rhinoceros,
have seen notable population recoveries.
India's commitment to wildlife protection is further
evidenced by its participation in international
conservation e@orts and treaties. The country has been a
signatory to major conventions like CITES (Convention on
International Trade in Endangered Species of Wild Fauna
and Flora) and has actively engaged in global dialogues on
biodiversity conservation.

However, the path of wildlife protection in India is not

without its hurdles. The country grapples with significant
challenges, including:

1. Human-wildlife conflict, exacerbated by expanding

human settlements and shrinking natural habitats.
2. Poaching and illegal wildlife trade, which continue to
threaten many species despite stringent laws.
3. Habitat fragmentation and loss due to development
projects and urbanization.
4. Climate change impacts, altering ecosystems and
species distributions.
5. Balancing conservation needs with the livelihood
requirements of forest-dependent communities.
The way forward for wildlife protection in India
necessitates a multi-pronged approach:

1. Strengthening law enforcement and anti-poaching

measures.
2. Enhancing community participation in conservation
e@orts.
3. Implementing sustainable development practices that
minimize impact on wildlife habitats.
4. Investing in scientific research for better understanding
and management of wildlife populations.
5. Promoting eco-tourism as a means of creating
economic incentives for conservation.
6. Addressing human-wildlife conflict through innovative
mitigation strategies.
7. Integrating wildlife corridors into land-use planning to
maintain habitat connectivity.
8. Increasing public awareness and education about
wildlife conservation.

In conclusion, while India has made commendable

progress in wildlife protection, evidenced by the recovery
of certain flagship species and the expansion of protected
areas, the journey is far from over. The future of India's
wildlife depends on the country's ability to navigate the
delicate balance between conservation and development,
to innovate in the face of new challenges, and to foster a
nationwide ethos of environmental stewardship.

As India moves forward, the protection of its rich natural

heritage must remain a national priority, not just for the
intrinsic value of its diverse species, but for the ecological
services they provide and the cultural significance they
hold. The path ahead requires sustained commitment,
adaptive management, and collaborative e@orts from
government bodies, conservation organizations, local
communities, and citizens alike. Only through such
concerted e@orts can India hope to preserve its
magnificent wildlife for future generations, ensuring that
the roar of the tiger and the trumpet of the elephant
continue to echo through the country's forests for
centuries to come."

This conclusion summarizes the key aspects of wildlife

protection in India, acknowledging both the achievements
and the challenges, while also providing a forward-looking
perspective on the future of conservation e@orts in the
country.