Detailed notes summarizing relevant parts of The Wild Life (Protection) Act, 1972 FOR CLAT PG / UGC NET

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Detailed notes summarizing relevant parts of The Wild Life (Protection) Act, 1972 FOR CLAT PG / UGC NET

Himanshu Mishra (NLU – D Grad)

FOUNDER – LEGAL MAESTRO EDUCATORS

Introduction to The Wild Life (Protection) Act, 1972

The Wild Life (Protection) Act, 1972, is a cornerstone legislation enacted to ensure the protection and conservation of India’s diverse wildlife, ecosystems, and habitats. This Act provides a legal framework for prohibiting hunting, regulating trade in wildlife and derivatives, and establishing protected areas to safeguard biodiversity. It also recognizes the importance of harmonious coexistence between human communities and wildlife.

The Wild Life (Protection) Act, 1972, remains a foundational piece of legislation for conserving India’s biodiversity. Its structured approach through designated authorities, protected areas, and strict regulations on hunting and trade makes it a robust legal framework. The Act not only fulfills national conservation goals but aligns with international environmental commitments.

By understanding the sections and their application, stakeholders can better implement and adhere to its provisions, ensuring the harmonious coexistence of humans and wildlife. This detailed exploration equips learners and practitioners to grasp the Act’s nuances and respond effectively in examinations or practical scenarios.

Key Objectives:

1. Protect and conserve wild animals, birds, and plants.
2. Ensure ecological and environmental stability.
3. Establish authorities for enforcing the law and setting up national and state boards.
4. Prohibit hunting and trade in endangered species and their parts.
5. Develop and regulate protected areas such as wildlife sanctuaries and national parks.

The Act is divided into several chapters addressing specific aspects like hunting restrictions, protected areas, and the responsibilities of various authorities.

CHAPTER I: Preliminary (Sections 1–2)

Section 1: Short Title, Extent, and Commencement

• The Act is officially titled the Wild Life (Protection) Act, 1972.
• It applies across India, including union territories. The previous exception for Jammu and Kashmir has been removed since 2019.
• The commencement date varies by state, notified by the Central Government.

Section 2: Definitions
This section defines key terms essential for understanding the Act:

1. “Animal”: Includes all amphibians, birds, mammals, and reptiles, along with their eggs in the case of birds and reptiles.
2. “Hunting”: Covers killing, poisoning, trapping, or disturbing wildlife, including their nests and eggs.
3. “Protected Area”: Includes sanctuaries, national parks, conservation reserves, and community reserves declared under the Act.
4. “Sanctuary”: An area declared for wildlife conservation and habitat protection.
5. “National Park”: A stricter category where all forms of exploitation are prohibited.
6. “Trophy”: Includes preserved animal parts like antlers, bones, and skins.
7. “Vermin”: Certain species of wild animals notified for limited culling due to harm caused to crops or human life.

Key MCQ Points:

• Definitions of “animal,” “hunting,” “protected area,” and “trophy” are often tested.
• The Act covers the entire country, including union territories.

CHAPTER II: Authorities Under the Act (Sections 3–8)

Section 3: Director and Other Officers

• The Director of Wildlife Preservation is appointed by the Central Government to oversee national-level implementation.
• Additional officers and staff may be appointed as necessary.

Section 4: Chief Wildlife Warden and State Officers

• States appoint a Chief Wildlife Warden, supported by Wildlife Wardens and Honorary Wardens.
• These officers implement the Act at the state level and ensure compliance.

Section 5: Power to Delegate

• Both the Director and the Chief Wildlife Warden can delegate their powers to subordinates with written approval.

Section 5A: National Board for Wildlife (NBWL)

• The NBWL, chaired by the Prime Minister, advises on policies for wildlife conservation, preventing illegal wildlife trade, and improving management of protected areas.
• Members include parliamentarians, conservationists, and NGO representatives.

Section 6: State Boards for Wildlife (SBWL)

• Chaired by the Chief Minister, the SBWL advises on state-level conservation policies, protected area selection, and matters involving tribal and forest-dwelling communities.

Section 7: Procedure of the Board

• The Board meets at least twice a year, with a flexible structure for sub-committees and study groups.

Section 8: Duties of the State Board for Wildlife

• Advises on declaring protected areas and policy formulation for wildlife conservation.
• Recommends measures for harmonizing tribal needs with conservation goals.

Key MCQ Points:

• The Prime Minister is the NBWL chairperson.
• SBWL is headed by the Chief Minister.
• Powers can be delegated but require prior approval.

CHAPTER III: Hunting of Wild Animals (Sections 9–17)

Section 9: Prohibition of Hunting

• Hunting animals listed in Schedules I and II is strictly prohibited.
• Exceptions apply under Sections 11 and 12 for specific purposes.

Section 11: Hunting in Exceptional Cases

• The Chief Wildlife Warden can permit hunting if:
  • The animal poses a threat to human life or property.
  • The animal is diseased or beyond recovery.
• The permit requires written justification and attempts must first be made to capture or rehabilitate the animal.

Section 12: Special Permits for Hunting

• Permits may be granted for:
  1. Education.
  2. Scientific research.
  3. Snake venom extraction for life-saving drugs.
• Permissions for animals in Schedule I require Central Government approval, while others need state approval.

Key MCQ Points:

• Hunting without permission is punishable.
• Permits for Schedule I animals require Central Government approval.
• Self-defense killings are exempt from penalties (Section 11(2)).

CHAPTER IV: Protected Areas (Sections 18–38)

Sanctuaries

Section 18: Declaration of Sanctuary

• States can notify areas as sanctuaries for protecting wildlife.
• Rights over land within the sanctuary are determined by the Collector (Section 19).

Sections 19–25: Determination and Settlement of Rights

• The Collector investigates existing rights over the land.
• Rights can be acquired through compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

Section 27: Restriction on Entry

• Entry into sanctuaries is restricted except for:
  • Public servants on duty.
  • Persons with immovable property in the area.
  • Those with a valid permit (Section 28).

Section 29: Prohibition of Destruction

• Activities like destroying habitat, altering water flow, or removing forest produce are banned without a permit.

National Parks

Section 35: Declaration of National Parks

• National parks are notified for stricter protection, prohibiting any human exploitation of resources.
• All rights are extinguished upon declaration, unlike sanctuaries where some rights may be allowed.

Conservation and Community Reserves

Sections 36A–36D:

• Conservation reserves are declared on private or community lands.
• Community reserves involve active local participation in conservation efforts.

Key Activities Prohibited in Protected Areas:

1. Causing Fires (Section 30): Setting fires or endangering sanctuaries is strictly prohibited.
2. Weapons (Section 31): Entry with weapons requires prior permission.
3. Harmful Substances (Section 32): Use of chemicals, explosives, or injurious substances is banned.

Key MCQ Points:

• National parks do not permit resource exploitation; sanctuaries may allow some regulated activities.
• Entry permits for sanctuaries are governed by Section 28.
• Conservation reserves involve community participation.

Significant Additions for MCQs

1. Section 38: Central Government’s power to declare sanctuaries or national parks in exceptional circumstances.
2. Section 18A: Immediate protection provisions apply upon notifying an area as a sanctuary.
3. Section 33A: Mandatory immunization of livestock within 5 kilometers of sanctuaries to prevent disease spread.

CHAPTER V: Trade or Commerce in Wild Animals, Animal Articles, and Trophies (Sections 39–49)

This chapter addresses the regulation of trade in wildlife and their derivatives. It ensures that no trade or commerce occurs involving wild animals, animal articles, or trophies without adherence to strict legal requirements.

Section 39: Wild Animals to be Government Property

• All wild animals, their parts, or articles derived from them are the property of the government.
• This includes:
  • Animals captured or killed in contravention of the Act.
  • Animal articles found or retrieved.
• Such property vests with:
  • The State Government, if recovered from areas under its jurisdiction.
  • The Central Government, if recovered from areas declared by it as protected or from inter-state trade.

Key MCQ Points:

• Wild animals captured illegally automatically become Government property.
• Property includes trophies, animal articles, and meat.

Section 40: Declarations

• Any person in possession of wild animals or animal articles must declare them to the Chief Wildlife Warden within 30 days of commencement of the Act or acquisition.
• The provision applies to items like trophies or meat.

Section 41: Inventory Preparation

• The Chief Wildlife Warden conducts inquiries and prepares an inventory of declared items, maintaining accurate records.

Section 42: Certificate of Ownership

• A certificate of ownership may be granted to individuals possessing legally acquired animal articles or trophies, subject to conditions.
• Certificates cannot be transferred without approval.

Section 43: Regulation of Transfers

• Transfer of animals or their derivatives, whether through sale, gift, or other means, is regulated. Permission must be obtained from the Chief Wildlife Warden.

Section 44: Trade Licenses

• Trading in wildlife, animal articles, or trophies is prohibited without a valid license.
• Licenses are granted subject to:
  • Adherence to specific rules.
  • Suspension or cancellation in case of violations.

Section 48A: Restriction on Transportation

• Transportation of wildlife or their derivatives is restricted and requires prior approval.
• This measure prevents illegal trade and trafficking.

Section 49B: Prohibition of Trade

• Trade in trophies, animal articles, or derivatives of Schedule I and Schedule II animals is strictly prohibited.

Key Highlights and MCQ Points:

1. Wild animals and derivatives are government property (Section 39).
2. Certificates of ownership are mandatory for legal possession (Section 42).
3. Trade without a license is punishable (Section 44).
4. Transportation restrictions help prevent illegal trafficking (Section 48A).

CHAPTER VI: Prevention and Detection of Offenses (Sections 50–58)

This chapter outlines mechanisms for the enforcement of the Act, including powers of officers, penalties for violations, and processes for addressing offenses.

Section 50: Powers of Entry, Search, Arrest, and Detention

• Officers authorized under the Act have the power to:
  1. Enter premises and search for evidence related to wildlife offenses.
  2. Arrest individuals suspected of committing offenses.
  3. Seize property, including weapons, vehicles, and animal articles used in the offense.
• These powers can be exercised without prior approval in cases requiring urgent action.

Key MCQ Points:

• Wildlife officers can conduct searches and arrests without prior approval under urgent circumstances.
• Seized items are government property until legal resolution.

Section 51: Penalties

• Violations of the Act attract severe penalties:
  • Schedule I or Part II of Schedule II Animals: Minimum fine of ₹10,000 and imprisonment of 3-7 years.
  • For other animals: Fine and imprisonment of up to 3 years.
• Repeated offenses result in harsher penalties, including imprisonment of up to 7 years.

Section 52: Attempts and Abetment

• Attempting or abetting wildlife offenses is punishable similarly to committing the offense itself.

Section 54: Compounding of Offenses

• Certain offenses, such as minor violations, can be compounded (resolved with fines) by the Chief Wildlife Warden or authorized officers.
• Serious offenses, particularly involving Schedule I animals, cannot be compounded.

Section 55: Cognizance of Offenses

• Only a court can take cognizance of wildlife offenses based on a complaint filed by:
  • The Chief Wildlife Warden.
  • Authorized officers or individuals.

Section 58: Offenses by Companies

• If a company commits an offense under the Act, persons responsible for its operations, including directors, can be held liable.

Key Highlights and MCQ Points:

1. Powers to search, seize, and arrest are detailed in Section 50.
2. Minimum penalties for Schedule I animals are 3-7 years of imprisonment.
3. Companies can be held accountable for wildlife offenses.

CHAPTER VII: Miscellaneous (Sections 59–66)

This concluding chapter deals with supplementary provisions, including protections for authorities, rule-making powers, and special rights of Scheduled Tribes.

Section 59: Officers as Public Servants

• All officers appointed under this Act are considered public servants under the Indian Penal Code (IPC).

Section 60: Protection of Actions Taken in Good Faith

• No legal suit or prosecution can be initiated against officers acting in good faith while enforcing the Act.

Section 60A: Rewards

• The Central or State Government may offer rewards to individuals providing information leading to the detection of wildlife offenses.

Section 61: Power to Alter Entries in Schedules

• The Central Government can amend the Schedules to:
  • Add or remove species based on conservation status.
  • Update lists to reflect scientific developments.

Section 62: Declaration of Vermin

• Certain animals can be declared vermin if they pose significant harm to human activities, such as agriculture or public safety.
• Vermin species may be excluded from protection temporarily or permanently.

Section 65: Rights of Scheduled Tribes

• The rights of Scheduled Tribes and forest dwellers are protected under the Act, ensuring that conservation efforts do not infringe on their livelihood.
• Traditional practices, if non-destructive, are permitted.

Section 66: Repeals and Savings

• Repeals conflicting provisions of earlier laws and ensures continuity of actions already taken under those laws.

Key Provisions Across Chapters V, VI, and VII

Key Offenses and Penalties

• Hunting or possessing animals without authorization.
• Illegal trade or transportation of animal parts or trophies.
• Damaging protected habitats or using harmful chemicals in protected areas.

Role of Authorities

• Wildlife officers play a crucial role in preventing, detecting, and addressing wildlife offenses.
• Courts handle prosecution based on complaints from authorized officers.

Special Provisions

• Rights of Scheduled Tribes and forest dwellers to use resources sustainably.
• The Central Government’s authority to amend schedules and declare vermin.

Key MCQ Points

1. Schedule amendments are made by the Central Government (Section 61).
2. Vermin declaration is handled under Section 62.
3. Officers acting in good faith are protected from prosecution (Section 60).

Chapters V, VI, and VII of the Wild Life (Protection) Act, 1972, establish a robust framework to curb illegal wildlife trade, enforce penalties, and address violations effectively. These chapters also emphasize collaboration with local communities and Scheduled Tribes to ensure conservation efforts align with human rights. By regulating trade, enhancing enforcement, and protecting officers and informants, the Act creates a multi-pronged approach to wildlife protection.