Wildlife Protection Act, 1972 

Wildlife Protection Act 1972 UPSC notes

Objectives Of Wildlife Protection Act, 1972

  • India’s primary legislation for wildlife conservation; enacted to address poaching, habitat loss and unregulated wildlife trade.
  • Provides a uniform legal framework across states for protection of wildlife and habitats.
  • Objectives include:
    • Protecting endangered and threatened species
    • Regulating hunting
    • Controlling trade in wildlife and wildlife products
    • Establishing protected areas (sanctuaries, national parks, conservation reserves)
  • Defines “wildlife’’ broadly to include animals, insects, fish, crustaceans, and vegetation forming part of any habitat.

Institutional Structure and Protected Areas

  • Wildlife Advisory Board constituted in every state to advise on:
    • Selection of sanctuaries, national parks and closed areas
    • Policy for wildlife conservation
    • Amendments to schedules and balancing rights of forest dwellers
  • Wildlife Sanctuaries:
    • Declared by state government for ecological or zoological importance.
  • National Parks:
    • Declared by state; stricter protection than sanctuaries.
    • Boundary changes require state legislature resolution.
    • Prohibits grazing, habitat alteration, extraction, and destruction of wildlife.
  • Central Zoo Authority:
    • Ensures scientific management of zoos; members have 3-year terms.

Schedules and Species Regulation

  • Original Act had six schedules with graded protection:
    • Schedule I & II: Highest protection; offences punishable with 1–6 years’ imprisonment + minimum ₹5,000 fine.
    • Schedule III & IV: Moderate protection; lower penalties.
    • Schedule V: Vermin species that may be hunted with a licence.
    • Schedule VI: Protects and regulates specified plant species.
  • All hunted, captured, found-dead or captive-bred wildlife (except vermin) become property of the State Government.
  • Wildlife or trophies from Central Government–notified national parks/sanctuaries belong to the Central Government.

Hunting Rules, Trade Restrictions and Enforcement Issues

  • Hunting of animals in Schedules I–IV prohibited unless permitted by the Chief Wildlife Warden (CWW).
  • CWW may allow hunting only when an animal is:
    • Dangerous to human life or property
    • Terminally ill, injured or beyond recovery
  • Special permits may be issued for:
    • Education
    • Scientific research
    • Museum/zoological collection
  • Enforcement challenges include:
    • Weak implementation and corruption leading to illegal wildlife trade
    • Misalignment with CITES species lists
    • No special status for IUCN-listed threatened species
    • Insufficient data on many indigenous species
    • Migratory species not fully protected
    • Some provisions aggravate human–wildlife conflict

Wildlife (Protection) Amendment Act, 2021: Key Features

  • Aligns Act with CITES; adds a special schedule for CITES-listed species.
  • Rationalises schedules from six to four:
    • Schedule I – Highest protection
    • Schedule II – Lesser protection
    • Schedule III – Protected plants
    • Schedule IV – CITES-regulated specimens
  • Penalties strengthened:
    • General fine increased from ₹25,000 → ₹1,00,000
    • Protection-related violation fines increased from ₹10,000 → minimum ₹25,000
  • Mandatory registration for anyone possessing live specimens.
  • The government is empowered to regulate or prohibit invasive alien species.
  • Authorises creation of conservation reserves near sanctuaries/national parks.
  • Management plans in Scheduled Areas require Gram Sabha consultation.
  • Allows voluntary surrender of wildlife items without compensation.
  • Introduces major change: permits commercial trade in live elephants by exempting them from Section 43 prohibitions.
  • Over 650 protected areas have been created under the Act.
  • 2021 amendment strengthens species protection, improves compliance with global norms, and enhances community participation.

Way Forward

  • Better alignment with international conservation standards
  • Stronger enforcement and anti-poaching measures
  • Clearer definition of invasive alien species
  • Expert-led identification and prioritisation of threatened species
  • Region-specific ecological planning

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