Wildlife Protection Act, 1972: Key Objectives, Provisions and Its Significance

The Wildlife Protection Act (WPA), 1972 stands as the cornerstone of environmental legislation in India. Enacted at a time when India’s biodiversity faced unprecedented threats from poaching and habitat loss, this landmark act shifted the focus from "regulation of hunting" to "total protection" of endangered species.

The Wildlife Protection Act, 1972 

Before enactment of the Act, India had only a few fragmented laws, such as the Wild Birds and Animals Protection Act of 1912. The Wildlife Protection Act was enacted by the Parliament of India on August 21, 1972, to provide a legal framework for the protection of various species of wild animals, birds, and plants, control of trade in wild animals, plants and product made form them.

It also manage the their habitation and regulations of national parks and wildlife sanctuaries. The central government amended the Act in 2022 known as Wildlife protection(Amendment) Act 2022 which amended the specific provisions, applicable to all the States/UTs including Jammu and Kashmir. 

Key Objectives of the Wildlife Protection Act: 

The primary goal of the Wildlife Protection Act  is to ensure the ecological and environmental security of India. Its key objectives include:

• Prohibition of Hunting: The act ban the hunting of endangered species listed in the schedules of the International Union for Conservation of Nature (IUCN) and WPA. 

• Habitat Protection: It establishes and manages protected areas like National parks and wildlife sanctuaries in India. 

• Regulation of Trade: to restrict and regulate trade in wildlife animals, plants, species and products derived from them (ivory, skins, etc.), also aligned with Conventions on International Trade in Endangered Species of Wild Fauna and Flora (CITES) rules and regulations. 

• Legal Penalties: To provide a legal basis for punishing offenders who violate conservation laws.

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What are the Constitutional Provisions supporting the Wildlife Protection Act, 1972?

The mandate for the wildlife protection is mentioned in the Constitution of India such as 

Key Provisions of the Wildlife Protection Act, 1972:

The Act operates through several legal mechanisms and Schedules. The Act categorizes animals into different "Schedules" based on the level of protection they require. Schedules under the Acts are 

1. Schedule I & II: It provides absolute protection to Endangered species and offences under these are prescribed the highest penalties, For Example,  Tiger, Lion, Great Indian Bustard. 

2. Schedule III & IV: Protection for species that are not endangered, but hunting is still prohibited with lesser penalties, for Example: 

3. Schedule V: Includes "Vermin" which could be hunted under specific conditions, For example: common crows, fruit bats 

4. Schedule VI: Regulates the cultivation and trade of specified plants, For Example: Cycad, Beddomes. 

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What are the Hunting Regulations?

The act permits general ban on hunting animals form all schedules-IV mentioned aboveUnder Wildlife. Chief Wildlife Warden may grant permits if animals pose danger or are diseased and Permits can also be issued for education purpose, Scientific research and Zoological purpose. Protection Act, 1972 the ‘hunting’ includes:

1. Capturing, killing, poisoning, snaring, and trapping or any wild animal and every attempt to do so, 

2. Driving any wild animal for any of purposes specified in sub clause 

3. 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. 

Source 

What are the Protected Areas under Wildlife Protection Act? 

The Act empowers the government to declare specific areas as:

• National Parks: means an area with high strictly protected status where no human activity like grazing, hunting, habitat destruction and exploitation, declared by the state governments. 

• Wildlife Sanctuaries: an area where certain rights like grazing or wood collection may be permitted for local communities, declared by the state governments. 

• Conservation & Community Reserves: Buffer zones or corridors that connect existing protected areas.

• Central Zoo Authority: ensure proper conservation and care practices for captive animals, supervises zoos across India. 

• Ownership of Wildlife &Trophies: it includes all wildlife other than vermin, trophies and animal products are state property which are illegal possession, trade or transfer is punishable. 

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Wildlife Protection (Amendment) Act, 2022:

The Wildlife Protection 2022 Amendment (also known as the Wildlife Protection Bill 2021) brought significant changes to align Indian law with CITES (Convention on International Trade in Endangered Species of Wild Fauna and Flora) such as 

• Reduction of Schedules: The number of schedules was reduced from Six to Four to simplify the complex classification of the Schedules. 

• Invasive Alien Species: The act empowered the Central Government to regulate or prohibit the import and trade of invasive species that threaten native biodiversity.

• Control of Sanctuaries: The Chief Wildlife Warden now manages sanctuaries according to management plans approved by the Central Government.

• Voluntary Surrender: Provides a mechanism for people to surrender captive animals or animal products without penalty.

• Permit: The act permits the use of elephants for religious or any purpose.

• Penalties: The penalties have been increased as per the CITIES guidelines for the general and specially protected animals violations.

Bodies Constituted Under the WPA, 1972:

Initiatives Taken Under the Wildlife Protection Act:

• Project Tiger (1973):  The Project Tiger aimed at ensuring a viable population of Bengal tigers in their natural habitats. The authority derives its power from section 38 O (1) of WLPA, 1972 and functions under the guidance of Chairperson, Vice-Chairperson and members.

• Project Elephant (1992):The project Elephant focused on protecting elephants, their habitats, and migratory corridors.

• Recovery Programs for Critically Endangered Species: Includes the Snow Leopard, Bustard, and Gangetic Dolphin.

The Wildlife Protection Act is vital for ecological balance in India. It protects "Umbrella Species" like tigers, elephants etc, the Act inadvertently protects entire ecosystems including the water sources, land, wildlife and forests that millions of humans depend on. It remains India's primary shield against the illegal global trade in wildlife, which is the fourth largest illegal trade in the world.

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