Module 3- Environmental Laws in India

Chapter- III
The Wildlife (Protection) Act, 1972
Introduction
India is very rich in flora, fauna, and species, but with the increase in the building, there has been
seen a decrease in the forest land which is greatly effecting wildlife and disturbing our ecological
balance. Protection of Wildlife is not only a duty of state as well as fundamental duty of a
citizen. Article 48-A1 directs the state to protect and improve the environment and safeguard
wildlife and forests and under Article 51-A imposes a fundamental duties upon a person of India
to protect and improve the natural environment including forests, lakes, rivers and wildlife and to
have compassion for living creatures.

The Wildlife (Protection) Act,2 1972 passed by the parliament on August 21, 1972 and came into
force on 9 September 1972. The main aim of the act is to protect wildlife, birds and plants and
other connected matters for ensuring ecological balance and environment security. WLPA
comprises of 66 sections divided in seven chapters and six schedules. Article 21 , right to life not
only extend to people but also wildlife and SC also ordered authorities that they should designate
or reserve a particular forest area for preservation of wildlife.3

Wildlife is defined under 2(37) of WLPA, as any animals, aquatic, or land vegetation which is a
part of any habitat. It means that every plant and vegetation is considered as wildlife. Under 2()
of the WLPA, Animal is defined as amphibians, birds, mammals, reptiles, their young ones, their
eggs. This mean even the animal which is yet to take birth i.e., is also been covered under
wildlife. This act contains six schedules. Schedule 1and 2 provides an absolute protection to the
wild animals and if there is any violation for the provision, the penalty for the same is very high.
Under Schedule 3 and 4 animals like wild pig, chital, hyenas, gorals are protected and if there is
any violation for the provision, the penalty for the same is low. Under Schedule 5 there is a lost
of animals which can be hunted and schedule 6 states the list of specified endemic plants which
are prohibited for cultivation and planting.

Authorities under the Act

1. There will be a Director of Wildlife Preservation, and other officers Under section 3 of
the WLPA, who will be appointed by central government. And it will be subject to the
general or special directions given by Central Government from time to time. And the
officers appointed under this section will assist the director of wildlife preservation.
1
This article was added to the Constitution of India by the 42nd amendment 1976.
2
Herein after, we will refer it as WLPA.
3
World Wide Fund India V Union of India (Asiatic Wild Lion Case), (2011) 14 SCC 816
 2. There will be Chief Wildlife Warden and Wildlife Warden, other Honorary Wildlife
Warden and other officers and employees who will be appointed by State Government.
The Wildlife Warden, Honorary Wildlife Warden and other officers and employees will
be subordinate to chief wildlife warden. The Chief Wildlife Warden will subject to the
general or special directions given by State Government from time to time.

3. Under section 5A there will be constitution of National Board for Wild Life (NBW). The
board constitutes- Prime Minister as the Chairperson of the board, Minister of Forest and
Wildlife as a Vice-Chairperson, other representative from both House of parliament,
NGO, environmentalist, Chief of Army Staff and other members. Director of Wildlife
Protection will be member secretariat.

Functions of NBW: NBW is entrusted with the functions:

i. To take measures to promote the consecration and development of forest and
wildlife.
ii. Framing policies and advising the state and Central Government to promote the
wildlife conservation.
iii. To make a recommendation to setup cost and management of national parks
sanctuaries and other protected areas.
iv. MBA has to also review progess of the wildlife conservation from time to time
and taking measures to improve the Lacunas.
v. Conduct and impact assessment of various project and activities on wildlife.
vi. Has to prepare a report at least once in two years on the wildlife in the country
and publish it.

NBW may constitute a Standing Committee which consists of the Vice-Chairperson, the member
secretary and not more than 10 members to be nominated by the vice-chairman person among
the members of the NBW.

Hunting of Wild Animals

Wild animals is defined under section 2(36) of WLPA, as an animal specified in schedule I to IV
and found wild in nature. The main reason to bring this act into force is to prohibit the hunting of
wildlife animal. Hunting of wild animal is prohibited under section 9 except for the condition
laid down in section 11 and section 12. And hunting under section 9 will not only consider when
you kill the animal but hunting also includes injuring or taking some bodypart apart from
animals.

Under section 11 each state has to take written permission from Chief Wildlife Warden. And if
Chief Wildlife Warden is satisfied that any animal under schedule I has become dangerous to
human life or has been disabled or deceased beyond recovery show only on the two conditions
the chief wildlife Warden can give written permission for reason order to hunt that animal. If
chief wildlife Warden is satisfied that any animal under schedule II, III, IV has become
dangerous to human life or to the property or has become this able or deceased beyond recovery,
then the animal can be hunted by the reasoned order of the chief wildlife warden. And in this
section the permission is taken by the Forest authority.

Under section 12 Chief Wildlife Warden may permit any person with the prescribed fee to hurt
any wild animal for the purpose of education, scientific research, scientific management shifting
of animals to another habitat, population control for restoring balance in ecology, collection of
specimen, collection of snake venom for preparing life saving drugs. But no permission shall be
granted for wild animal in schedule I unless there is previous permission from Central
Government and for other wild animal there has to previous permission from state Government.

Protection of Specified Plants

No person can indulge in the activity of picking, uprooting, damaging, destroying, acquiring or
collecting any specified plant from any forest land and area specified by central government and
no person can poses, sell ,offer for sale or transfer by way of gift or transport any specified plant
whether alive or dead or part or derivative of it.

But under section 17-B the Chief Wildlife Warden may, with the previous permission of State
Government, permit any person to indulge in the activity of picking, uprooting, acquiring or
collecting from a forest land or the area is specified under the section 17 clause a for the purpose
of education scientific research collection Preservation and display in herbarium of any scientific
institution propagation by a person or institution approved by Central Government.

In the case of Godavaraman V. Union of India, supreme court said that red sandalwood is also
included in the list of specified plants and prohibits trade of red sandalwood because it is
endangered species and has unique vegetation. State is trying to protect red sandalwood.

No person can cultivate a specified plant or commence or carry on business/ occupation as a

dealer in a specified plant or part or derivate of it, without the licence granted by chief wildlife
Warden or with the permission of any officer authorised by State Government. Under section 17-
E Any person, who is cultivating or dealing in a specified plant or part or derivative of it, on the
day of commencement of act, shall declare his stocks of such plants in part or derivative thereof
to the chief wildlife warden within 30 days from the date of commencement of the WLPA.

Protected Areas
Sanctuary
State government can notify any area under section 18, as a sanctuary, if it is an opinion that an
area is of adequate ecological, faunal, floral, geomorphological, natural or zoological
significance, for the purpose of protecting propagating for developing Wild life or its
environment accept an area other than reserve forest(c because reserve forests are already
protected under forest act). State government shall also appoint a collector within 90 days from
the commencement of this act or within 30 days from dat of the notification under Section 18, to
enquire into and determine the existence nature and extent of right of any person who has
claimed over the land which has been notified as a sanctuary under Section 18.

After an area is declared as in sanctuary there will be a prohibition for certain activity in that area
so there rights of many people Will be affected mostly forest dwellers and individual who are
residing and owning property there.

so those people has a right to approach and put their claim before the collector appointed by
State Government, he is quasi judicial officer and Collector has a right to determine claims arise
out of the declaration of sanctuary.

After the claims are decided and compromise are worked out by collector, then State
Government can finally notified that particular area as a sanctuary (aslo providing the map of
that area) and once it is declared as sanctuary its boundary cannot be alter. If there has to be any
alteration or addition of new area you have to follow the whole procedure under Section 18 and
has to notify and new claim will be made by the people living there and then you can consider it
to be sanctuary.

According to section 28 at the Chief Wildlife Warden has the right to grant permission to any
person to enter or reside in a sanctuary for the purpose of photography, scientific research,
tourism, investigation or study of wildlife, or transaction of lawful business with any purpose
residing in the sanctuary.

Activities which are prohibited in sanctuary:

i. No person is allowed to enter in century except:

a. A public servant on duty.
b. a person who has been permitted by chief wildlife Warden or
c. any authorised person or a person who has a right over immovable property
within the limits of the sanctuary or
d. a person passing through the sanctuary along a public highway and the
dependence of the person referred in the clause a, b or c shall reside in Sanctuary.

ii. Under Section 30 there is a complete prohibition on settings fire or leave any fire burning
in a sanctuary which can endanger a sanctuary.

iii. Unless there is a prior permission from the chief wildlife Warden nobody is allowed to
enter a sanctuary with any weapons. This is done to avoid any hunting of animals

iv. No person is allowed to enter a sanctuary with any chemicals, explosive or any other
substance which may cause injury or endangered to any wildlife in sanctuary.
 v. No person is allowed to destroy exploit a removed any wildlife including forest produce
from a century or destroy or damage or divert the habitat of any wild animal accept by
the permission of chief wildlife warden. And no such permission will be granted unless
the state government is of opinion that such removal or exploitation from the century or
the change in the flow of water into outside the sanctuary is necessary for the
improvement of better management of wildlife. And the forest produce which has been
taken from sanctuary should not be used for commercial purpose.

National Park
Section 35 of the WLPA deals with the declaration of a National park. The state government can
declare an area as a National Park by official notification if it finds that such an area is by reason
of its ecological, faunal, floral, zoological association deems fit for the purpose of establishing a
national park and developing wildlife therein or its environment.

The notification should declare the limits of an area which has to be declared as National Park.
When an area is to be declared as National Park shall apply for the investigation and
determination of claims with respect to the area concerned. When the period for claims has
elapsed and if any claim has arisen in relation to the land in question have been disposed of by
the State Government, then all rights over the area which has to be declared as national park will
be vested in the State Government.

The alteration of the boundaries of a National Park cannot be made unless there is a resolution
passed by the state legislature. No person should destroy or damage or exploit or remove any
species of wildlife in the National Park except he or she has the permission granted by the Chief
Wildlife Warden. Chief Wildlife Wardens can grant such permits to the concerned person only
when the State Government is satisfied that such destruction, damage or exploitation is necessary
for improvement, maintenance of the wildlife in the National Park. The livestock grazing is not
allowed within the limited area of the National Park. There is an exception to this rule, only the
person who has the permission to enter such a National Park and he or she is using such an
animal as a vehicle, then the permission is granted for the livestock grazing.

Central Zoo Authority and Recognition of Zoo

Section 38A States about the constitution of the central zoo authority. According to this section
the Central Government is supposed to constitute a body known as central zoo authority for the
purpose of exercising the powers and functions assigned under this Act. This body should consist
of a Chairperson, members not exceeding the number 10, and the Central Government should
elect one Member Secretary.
Section 38B defines the term of office and conditions for service by the members of the Central
Zoo Authority.

 Every member including the chairperson shall hold the office for not more than 3 years.
 If any member or the chairperson wishes to resign from the office he/she has to give it in
writing to the Central Government.
 The Central Government can remove such a person, who is willing to resign or becomes
insolvent, or he/she is of or has become of unsound mind and has been declared so by the
competent court, or who is incapable of acting, or who is absent for three consecutive
meetings of the Authority without obtaining the leave permission,or his/her continuance
to the office is detrimental to the public interest due to some behavioural aspects such as
abusing the position of the chairperson or any member.
 Vacancies caused due to the removal of earlier members must be filled by the fresh
appointment.
 The conditions of appointment of the chairperson, salaries, allowances must be
prescribed.
 To carry out the goals and purposes of the central zoo authority, the authority may appoint
the members with prior permission from the Central Government.
 The terms and conditions of service by the members, shall be as prescribed.
 Even if there is any defect in the constitution of the authority, the act or proceedings of
the authority cannot be declared invalid or it cannot be questioned.

According to Section 38C, the Central Zoo Authority is bound to perform certain functions as
stated below-

 It should specify the standards of veterinary care for the animals in the zoo and the
minimum housing standards.
 It should keep a regular check on the functioning of the zoo, and evaluate its compliance
with the prescribed rules and norms.
 It has the function to recognise or derecognize the zoo.
 It should identify and keep a record of the endangered species of wild animals for the
purpose of captive breeding.
 It should assign the responsibility of the captive breeding to the competent member.
 It has to coordinate the loaning, exchanging, acquisition of animals for breeding
purposes.
 It should keep a record or stud-books of endangered species of wild animals bred in
captivity.
 It should for the purposes of the zoo, coordinate research and educational programmes.
 It should set the priority and themes with regard to display of animals in the zoo.
 It should conduct the training of zoo personnel in India and outside India.
  It should provide required technical assistance, and other such assistance as required for
the proper management and developing the scientific lens.

Section 38D states about the procedure that has to be followed by the Authority. This section
states that the Authority shall meet or hold the meetings as and when necessary and at that time
and place the chairperson may think fit. All the ongoing procedure which leads to orders and
decisions must be authenticated by the member secretary. The Authority should regulate its own
procedure.

Trade Or Commerce In Wild Animals, Animal Articles And Trophies

Section 39 states all the wild animals are Government Property. It states-wild animals other than
vermin, also wild animals which are found dead, or killed by mistake, Trophy or uncured trophy
or other animal article or meat derived from the wild animal, ivory imported to India or any
article made by such ivory, any vessel, weapon, trap, tool used to hunt the wild animal in the Zoo
shall be the property of the State Government and in case of a National Park or Sanctuary then
such will be the property of the Central Government.

Any person who possesses any Government property, within the time of 48 hours should return it
to the nearest police station or authorised officer. No person shall without the prior permission of
the Chief Wildlife Warden acquire or keep anything in his possession or control, transfer such
property by way of gift or sale, destroy or damage such government property.

Section 43 States about the regulations in the trade and transfer of the animals. It states A person
who doesn’t have the certificate of ownership, shall not in any case sell or offer to sell by the
way of sale or by the way of gift any wild animal which are specified in Schedule 1, Schedule 2,
they shall not make any article containing part or whole of any animal part or body, should not
be involved in the process of taxidermy except when they have the permission from the Chief
Wildlife Warden. If any person is shifting from one state to another and acquires by transfer any
animal article, trophy or any uncured trophy from the state in which he used to reside earlier.
Such transfer should be within 30 days reported to the Chief Wildlife Warden or any authorised
officer whose jurisdiction the transfer has effected. No person who does not possess the
ownership certificate should involve in any act of transfer of any animal or animal article or any
uncured trophy.

While issuing the certificate the Chief Wildlife Warden should do a proper enquiry, shall
investigate to whom the earlier ownership certificate belongs to and then issue a fresh certificate
in the name of the new owner. Also he or she may affix the identification mark on the body of
the animal or uncured trophy or animal article.
Prevention and detention of offences

Section 50 deals with the power of entry, search, arrest and detention. Notwithstanding with
anything contained under any other law in force in the country if any authorized officer or the
Director or any other person authorized by him or any other person authorized by the Chief
Wildlife Warden or by Chief Wildlife Warden himself or any forest officer or any police officer
who is not below the rank of sub-inspector has certain reasonable grounds that any person has
committed any offence against this Act-

1. Can ask such person to produce the required documents or any license, permit for the
inspection of the captive animal, plant or part or derivative of any animal under his
control, trophy, uncured trophy, animal article, meat, any specified plant
2. Can stop any vehicle or vessel for the required search or inquiry of any land, vehicle,
premises, any baggage or any other things of such kind in his possession
3. Can seize any such animal article, vehicle, vessel, weapon, captive animal, meat, trophy,
wild animal, uncured trophy, plant or any part of it unless such authorized person is
satisfied that person who has committed crime against this Act will appear and answer
any charge which is preferred against him. If the fisherman residing within 10 kms of a
Sanctuary or National park uses a boat not used for commercial fishing, in the territorial
waters in the sanctuary or national park, no such boat will be seized.

Any authorized person can order to stop any activity done by a person without any ownership
certificate or license or any permit, provided that according to this Act the permit or license is
required for such act. It is even lawful for the authorized officer to detain any person, to arrest
such person unless if he satisfies the officer arresting him that he will duly answer any summons
or proceedings which may be taken against him. Any person detained or the things which were
seized in the course of exercising the power by any authorized officer shall be produced before
the Magistrate to be dealt in accordance with the law.

Any person who has been suspected of acting unlawfully under this Act, if fails to produce the
required documents, permit or license or fails to prove his innocence shall be guilty for an
offence under this Act. Where any uncured trophy, wild animal, meat, plant or any derivative of
it has been seized by authorized officer, such authorized officer can arrange the sale of the same
and will acquire and use the proceeds as may be prescribed under this Act. If it was proved that
such property does not belong to the Government then such sale proceeds will be given to the
owner.

If any person approaches any authorized officer for prevention or detection of an offence, such
assistance must be provided by the authorized officer. No person who is below the rank of
Assistant Director or Wildlife Chief Warden shall have the power to issue the warrant, to compel
any person to produce any document, to receive any evidence or to issue a search warrant.

Cognizance of Offences

Section 55 states that no court should in any case take the cognizance or knowledge of any
offence committed against this Act on the complaint of any other person than the Chief Wildlife
Warden or any other person authorized in his behalf by the state or the Director of the Wildlife
Protection or any other person authorized on his behalf or any person who has been given a
notice of 60 days to make a complaint of the alleged offence to the Central Government or State
Government or any authorized officer therein.

Forfeiture of Property derived from illegal hunting and trade

In the Wildlife Amendment Act of 2002, a new chapter was incorporated which is Chapter
6(A). This chapter states that if any person or any group of persons or any trust acquired any
property from illegal hunting or prohibited trade of wild animals under this Act the property
would be forfeited by the State Government by the authorized officer. Such forfeiture of the
property by the State Government can be done by the procedure established by law and by taking
necessary steps such as investigation, search or survey of any property, place, people or
documents. If it was found that only a part of property was acquired illegally, such a person
would be given a chance and will be asked to pay the fine which is equivalent to the market
value of the property.

In the case of Rajendra Kumar v. Union of India, the petitioner was running a business of carver
ivory with the license issued by the State Government, which can be renewed year by year. The
Wildlife Protection Act prescribes certain restraints on the trade and commerce in wild animals.
The petitioner stated that due to the amendments made in section 5, 27, 33, 34, 35 and 37 has
affected his business, his livelihood. Due to the amendment in the above mentioned sections, the
import of ivory has been banned and so the petitioner is restrained from dealing in ivory
business.

The petitioner stated certain statistics for supporting his stand by producing the data of 300 years
ago, that is, in the 3rd and 4th century the ivory trade has flourished immensely in India. It was
considered to be one of the best Indian art and was an integral part of great Indian culture. It
proved to be a great source of income for the Indian craftsmen. He also referred to the Schedules
of the Wildlife Protection Act and had put before the Court that the list did not contain the Indian
Elephant and it does not include the ivory derived from the mammoth. He also prayed that such a
restriction would affect his right of freedom of trade and livelihood contained in Article 19(1) of
the Indian Constitution.

The court held that the amendment and the incorporation of chapter 6(A) was done in accordance
and directions of the International Trade in Endangered Species of Wild Fauna and
Flora (CITES). The amendment clearly says that trade in African ivory is banned with a reason
to protect the poaching of elephants and stop the fast dwindling of this species. So, the restriction
was held to be valid.