By sreepriya .s 10. Short title, extent, and commencement, - (1) This Act may be called the Wildlife (Protection) Act, 1972. Included all the chapters. However, certain trade and transportation of species is between countries for the academic developments as well as to find the best mode of preservation. The compensation clauses under Wildlife Protection Act,1972 will help for the humans who gets attacked through wild animals. To protect the wildlife of the country the parliament of India passed Wild Life (Protection) Act, 1972 on the request made by eleven states. 3. Victimization Of Victim Under Criminal Justice System, Speech & Expression & Defamation: with reference to the Indian Constitution. Constitutional Provisions for the Wildlife Act Article 48A of the Constitution of India directs the St… WILD LIFE PROTECTION ACT An Act to make provision for the protectidn of wild life and io of 1978 for the establishment of wild fife sanctiuaries Cbrnmencernent: .lst August 1981 s.1301sr PART I PRELIMINARY l. This Act may be cited as the Wild Life Protection Short title Act. 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. Except in circumstances that are dangerous for humans[23] or for scientific study and preservation[24], no animal in wildlife can be hunted down. [online] Available at: https://economictimes.indiatimes.com/magazines/panache/1998-2016-a-timeline-of-the-blackbuck-killing-case/articleshow/53377957.cms?from=mdr [Accessed 9 January 2021], [3] See http://legislative.gov.in/sites/default/files/A1972-53_0.pdf, [4]https://mitocw.ups.edu.ec/courses/history/21h-380j-people-and-other-animals-fall-2013/readings/MIT21H_380F13_laws.pdf, [5] For example, The Nilgiris Game and Fish Preservation Act, 1879, [6] https://indiankanoon.org/doc/1702370/. [11] Sinha, S., 2010. Definition of Hunting Under the Act: Sec. See Agarwal, N., 2020. Some wild animals and birds have already become extinct in this country and the other in danger of being so. 476 of 2002 Available at: https://indiankanoon.org/doc/1765136/, [53] https://www.fws.gov/le/pdf/CITESTreaty.pdf, [54] https://www.cms.int/sites/default/files/instrument/CMS-text.en_.PDF, [55] https://www.cbd.int/doc/legal/cbd-en.pdf, [56] http://portal.unesco.org/en/ev.php-URL_ID=15398&URL_DO=DO_TOPIC&URL_SECTION=201.html, [57] See State of Gujarat v. Mirzapur Moti Kureshi Kassab Jamat and Others (2005) 8 SCC 534 Available at: https://indiankanoon.org/doc/101278772/. Along with the statutory measures, the Constitution of India imposes a fundamental duty on citizens to protect wildlife and be compassionate to living creatures. On 5th June 1972: UN Conference on Human Environment in Stockholm. NO.2051/2015 Available at: http://awbi.in/awbi-pdf/caged_birds_order_delhi_hc_15052015.pdf, [16] Major rules under the Wildlife (Protection) Act, 1972 are: The Wildlife (Stock Declaration) Central Rules, 1973, Wildlife (Transactions and Taxidermy) Rules, 1973, Wildlife (Protection) Licensing (Additional Matters for Consideration) Rules, 1983, The Wildlife (Protection) Rules, 1995, Wildlife (Specified Plants – Conditions for Possession by Licensee) Rules, 1995, The Recognition of Zoo Rules, 2009 and Guidelines for Appointment of HWLWs. CHAPTER I - Preliminary 1 . Attempt to Protect India’s Wild life. The Convention on Wetlands of International Importance[56] focuses on conservation and sustainable use of wetlands and its resources. A few salient features of the Act are as follows: 1. The Act was last amended in the year 2006. INDIAN WILDLIFE PROTECTION ACT 1972 1. Wildlife Protection Act 1972 is first umbrella act which established schedules of protected plants and animal species of India. There are six schedules in the Act, providing different degree of protection and determines gravity of offences associated with species listed in that. n.d. India. Another important part of the Wildlife (Protection) Act,1972 is the Schedules. It needs active steps to be taken for the existence and development of each species on earth. Setting up of a Central Zoo Authority. The passing of the Wildlife Act of 1972 constitutes an important landmark in the history of wildlife legislation in the country. [14] Various High Courts has also admitted the same and provided certain guidance on such duties. This article has been written by Alvin Antony, Advocate at High Court of Kerala. We try our level best to avoid any misinformation or abusive content. Articles made of Peacock feather are also exempted specifically. 1. Before 1972, India only had five designated national parks. [online] Available at: https://www.iucn.org/asia/countries/india [Accessed 9 January 2021]. Zee News, [online] Available at: https://zeenews.india.com/india/blackbuck-poaching-case-salman-khan-exempted-from-court-appearance-after-counsel-cites-covid-risk-2328051.html [Accessed 10 January 2021]. The sustainable development that everyone is dreaming of cannot be obtained merely by guidance and restrictions provided to human actions. Chapter IVA (Sections 38A to 38J) provides for the establishment and maintenance zoos. Note - The information contained in this post is for general information purposes only. the Wildlife Protection Act,1972 protect the Wildlife for humans attac k similarly the humans also need to be protected from such wild animals attack. Reworked from Critical Ecosystem Partnership Fund (CEPF) Report May 2007*. National Parks and Wildlife Act 1972—3.10.2019 Part 1—Preliminary 2 Published under the Legislation Revision and Publication Act 2002 Council means the Parks and Wilderness Council established under . Prior to Wildlife Protection Act of 1972, India only had five designated national parks. OUR ENVIRONMENTAL SCIENCE PROFESSOR 2. (1) Appointment of Director, Chief Wildlife Warden and Other Officers: According to Section 3 of this Act, the Central Govt. Greater say to individuals or NGOs in matter concerning wildlife protection. [2] The Economic Times. This 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. This Act provides for the protection of the country’s wild animals, birds and plant species, in order to ensure environmental and ecological security. In matter of Baburao vs. State of Maharashtra and Others[48] the Bombay High Court has observed that, the wild animals are the property of the government and hence, government has to provide compensation for the destruction caused by them to agricultural crops. [18] Section 2(36), The Wildlife (Protection) Act, 1972, [19] Section 2(37), The Wildlife (Protection) Act, 1972, [20] Section 2(18A), The Wildlife (Protection Act, 1972, [21] See Cottage Industries Exposition Limited and Another v. Union of India and Others 2007 (148) ECR 7 Delhi Available at: https://indiankanoon.org/doc/1484203/, where court has constructed meaning of ‘animal article’ in Section 2(2), The Wildlife (Protection) Act, 1972 to include ‘uncured trophy’, ‘trophy’ and ‘scheduled animal article’, which only will provide true meaning to the intentions of the law. [27] Exceptions are also provided for scientific study and preservation. Preliminary, Chapter 2. Furthermore, 3. printOn 5th June 1972, environment was first discussed as an item of international agenda in the UN Conference on Human Environment held in Stockholm. WILDLIFE PROTECTION ACT 1972 1. 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. The National Parks and Wildlife Act 1972 amended the following: The Lands for Public Purposes Acquisition Act 1914. M.C. The Wildlife Protection Act, 1972 is an Act of the Parliament of India enacted for protection of plants and animal species. Salient features of the Act: 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. Payment of rewards to persons helping in apprehension of offenders. 2. As everyone knows,wild animals collectively and the native fauna (and sometimes flora) of a region is called wildlife. 2 [***] CHAPTER 1 Preliminary 1. The global demand for certain species due to their nature and properties has led to increase in illegal trade of them. Extends to the whole of India, except the State of Jammu and Kashmir which has … Continue reading Wildlife Protection Act, 1972 Constitutional Provisions. Chapter II (Section 3 to 8) of the Wildlife (Protection) Act, 1972 provides for appointment of various authorities in national and state level for conservation and protection of wildlife. Before 1972, India only had five designated national parks . The Wildlife Protection Act, 1972 is an Act of the Parliament of India enacted for protection of plants and animal species. New entries appear in bold. It extends to whole of India, except Jammu and Kashmir. Further by addition of provision, immunization of livestock within a radius of 5 km from a National. [29] There is prohibition to cause fire,[30] enter with weapons[31]or injurious substances[32] to these areas. [46] Special provisions are made to consider matters related to the properties obtained as a result of illegal hunting or trade.[47]. Provision to ban trade in Africa ivory. 5. The Act with its various amendments provides the necessary tool to prevent damage to the wildlife. [4] Along with that there were certain other regulations that protected specific animals and marine life in selected territories. Authorities to be appointed or constituted under this Act, Chapter 3. The infamous blackbuck poaching controversy associated with Bollywood super celebrity Salman Khan is still in minds of people of India. The Wildlife (Protection) Act was passed in 1972, followed by the Water (Prevention and Control of Pollution) Act 1974, the Forest (Conservation) Act, 1980, Air (Prevention and Control of Pollution) Act, 1981 and subsequently the Environment (Protection) Act, 1986. Greater powers to enforcement authority. The new law was necessary, as there was a need for better protection of wildlife species and prevention of depletion of them through exploitation by vested interests. The jurisdiction of forests and wildlife came under the State governments, and each state government had a different policy in dealing with this subject. Even though the intention of the Act was to provide protection to fauna mainly, necessity of protection of certain flora was also equally considered. So the endangered species of flora and fauna should be protected. Preliminary, Chapter 2. The Act was amended subsequently in 1982, 1986, 1991 and 1993 to accommodate provision for its effective implementation. Wildlife Protection Act, 1972 This act is aimed to protect and preserve wildlife. It has to be noted that teasing or disturbing animals in zoos is prohibited under that Act. 11. Statute Law Revision Act 1935. [26] No one without proper license can even cultivate these plants. Recent reports point to the fact that decline in species population is contributing to increase vulnerability to environmental issues and even the spread of pandemics such as COVID-19.[10]. [5] As a major step, covering most of the territory of erstwhile British India, the Wild Birds and Animals (Protection) Act[6] was enacted 1912, from which the current Wildlife (Protection) Act, 1972 has taken the shape. The […] India took big step by enacting The Wildlife (Protection) Act in 1972. 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. India has a rich wildlife heritage. [9] See The Minster of State in the Ministry of Agriculture, Motion to Introduce Wildlife Protection Bill, 21 August 1972, Lok Sabha Debates. Schedule II animals are only permitted to hunted down if they become threat to humans and trade on part II animals of it is prohibited. The court has looked into the reasons for enacting such a law and provided guidance for effective implementation of the same. means— (a) unalienated land of the Crown; or [42] Section 43(3)(a), The Wildlife (Protection) Act, 1972, [43] Section 50, The Wildlife (Protection) Act, 1972, [44] Section 51, The Wildlife (Protection) Act, 1972, [45] Section 55, The Wildlife (Protection) Act, 1972, [46] Section 51A, The Wildlife (Protection) Act, 1972, [47] Chapter VI A, The Wildlife (Protection) Act, 1972, [48] WRIT PETITION NO. 53 of 1972) (9th September, 1972) An Act to provide for the protection of [Wild animals, birds and plants]1 and for matters connected therewith or ancillary or incidental thereto. It extends to whole of India, except Jammu and Kashmir. 54 (1994) DLT 286 Available at : https://indiankanoon.org/doc/673546/. Wildlife protection act The Wildlife Protection Act, 1972. is an Act of the parliament of India enacted for protection of plants and animal species It extends to the whole of India, except the State of Jammu and Kashmir which has its own wildlife act. The Wildlife (Protection) Act, 1972 is the prime law in India, that provides protection to the wildlife species. [44] Cancellation of licences or permits issued can also take place under certain cases. By this act, hunting or harvesting these s. GK, General Studies, Optional notes for UPSC, IAS, Banking, Civil Services. ADVERTISEMENTS: Summary of Wildlife Protection Act (1972) of India! [28], The Wildlife (Protection) Act, 1972 also provides for creation and maintenance of specific areas for the protection and propagation wildlife and environment. TOS4. 6. Chapter III and IIIA (Sections 9 to 17H) can be considered as the heart of the Wildlife (Protection) Act 1972. The Act is divided into VII Chapters with 66 sections. [43] Violation of provisions of this act will attract a punishment up to seven years imprisonment and rupees twenty five thousand fine. [19] The law has made a clear separation between wildlife and animals that can be domesticated. (MD)No.3631 of 2005 Available at: https://indiankanoon.org/doc/136108/?type=print. section 15; Crown land. [57] As we go through the provisions of the Wildlife (Protection) Act 1972, it is clear to us that it provides proper guidance for the fulfilment of this fundamental and puts maximum effort to create an ecological balance in which humans and other species can live in tranquillity. [11] Hence, strict statutory measures are necessary to control such acts of anti-social elements. Restrictions on entry to such specific areas are given in the Act. [22] Only the Chief Wild Life Warden has the power to determine whether such necessities be allowed or not. Notes on Section 1 To 17 of Wildlife Protection Act, 1972 Section 1: Short Title, Extent and Commencement This Section lays down the title and the overall extent of the Wildlife Protection Act 1972 (hereafter referred to as the act/ this act/ Wildlife act). Wildlife Protection Act 1972 is also against Taxidermy, which is the preservation of a dead wild animal as a trophy, or in the form of rugs, preserved skins, antlers, horns, eggs, teeth, and nails. With these observations, I conclude my topic on Wildlife (Protection) Act, 1972. Having regard to the importance of the matter, the Act has been adopted by all the States except that of Jammu and Kashmir which has a similar law enacted for the purpose of wildlife protection. The rating of the Schedules I to V is in accordance with the risk of survival of the wildlife (fauna) enlisted in them. The Wild Birds and Animals Protection Act, 1935 has become completely outdated. Apart from such officers, it also provides for National and State Boards for effective execution of provisions of the act. Park or sanctuary has been made compulsory. The Wildlife Act was passed in 1972 to protect the wildlife and their habitats. That is why, 5th June came to be celebrated all over the world as World Environment Day. 2018. 53 of 1972 - 9 th September, 1972, as modified in 1991 ) An Act to provide for the protection of [Wild animals, birds and plants] and for matters connected therewith or ancillary or incidental thereto. [35] Due to special nature and importance of tigers to India, the law has special provisions for protection of tigers. *** Chapter Notes AIR 1998 Guj 141 AIR 2000 Del 449 Sec. (No. PRESENTATION 3. Short title, extent, and commencement. 2(16) of Wildlife Protection Act, 1972 defines the word hunting. Provision to extract and deal in snake venom for producing life saving drugs. This is a Youtube channel specially designed for the students of Jammu and Kashmir . Section 9 prohibits the hunting of any wild animal belonging to Schedule I to IV except in certain circumstance which necessitates it. Chapter 1. In Indian Handicrafts Emporium & Ors vs Union Of India & Ors[50] the Court has closed the loopholes in the Act on trade on the imported parts of animals with the observation that the restrictions apply to that also. What are constitutional provision for environmental protection? This is the first comprehensive legislation relating to the protection of wildlife was passed by the Parliament and it was assented by the President on 9th September 1972 and came to be known as The Wild Life (Protection) Act, 1972 (53 of 1972). Brief Notes on the Prevention and Control of Water Pollution Act of 1974. Blackbuck Poaching Case | 1998-2018: A Timeline Of The Blackbuck Poaching Case. ***** Disclaimer: By using this app, you agree to the following terms. Among other reforms, the Act established schedules of protected plant and animal species; hunting or harvesting these species was largely outlawed. This was the first umbrella act which established schedules of protected plant an. The sustainable development that everyone is dreaming of cannot be obtained merely by guidance and restrictions provided to human actions. India is the first country in the world to have made provisions for the protection and conservation of environment in its constitution. It provides for protection of wild animals, birds and plants ; and for matters connected therewith or ancillary or incidental thereto. Its primary aim is to curb the illegal trade in wildlife and the derivative parts. Among other reforms, the Act established schedules of protected plant and animal species; hunting or harvesting these species was largely outlawed. [8] IUCN. [33] Special permission should be taken from Chief Wildlife Warden to enter such areas for photography, education, tourism etc. If the trade in imported parts is allowed, it may endanger Indian wildlife. [7] Hence, if we go through the above-mentioned laws, an attempt can be seen to be taken to protect and promote the wildlife population, as they are crucial for the ecological balance of the country. Now the State Governments are not empowered to declare any wild animal a vermin. Included all the chapters. Law Of Torts: A Study Between India And England, https://economictimes.indiatimes.com/magazines/panache/1998-2016-a-timeline-of-the-blackbuck-killing-case/articleshow/53377957.cms?from=mdr, https://mitocw.ups.edu.ec/courses/history/21h-380j-people-and-other-animals-fall-2013/readings/MIT21H_380F13_laws.pdf, https://www.iucn.org/asia/countries/india, https://eparlib.nic.in/bitstream/123456789/1122/1/lsd_05_05_21-08-1972.pdf, https://www.nationalheraldindia.com/environment/wildlife-population-declined-by-68-since-1970-wwf, https://www.traffic.org/site/assets/files/6284/handbook-wildlife-law-enforcement-india.pdf, http://awbi.in/awbi-pdf/caged_birds_order_gj_hc.pdf, http://awbi.in/awbi-pdf/caged_birds_order_delhi_hc_15052015.pdf, https://www.hindustantimes.com/india-news/in-process-of-amending-wildlife-act-centre/story-mnFQlGvSh8dZnl8B70Vh6L.html, https://indiankanoon.org/doc/136108/?type=print, https://zeenews.india.com/india/blackbuck-poaching-case-salman-khan-exempted-from-court-appearance-after-counsel-cites-covid-risk-2328051.html, https://www.legitquest.com/case/state-of-rajasthan-v-salman-khan-others/EA534, https://www.fws.gov/le/pdf/CITESTreaty.pdf, https://www.cms.int/sites/default/files/instrument/CMS-text.en_.PDF, http://portal.unesco.org/en/ev.php-URL_ID=15398&URL_DO=DO_TOPIC&URL_SECTION=201.html, Explain the Cyber Defamation and Online Defamation in India. WILDLIFE PROTECTION ACT 1972 1. A previous law, called the Wild Birds and Animals Protection Act 1935, had become completely obsolete. THE WILDLIFE (PROTECTION) ACT (No. I hope it will help you guys . Click Here to submit your article. [20] The courts have tried to construct the true meaning of these clauses, in order to prevent the misuse by mere change in names of products from wild animals.[21]. 53 of 1972) (9th September, 1972) An Act to provide for the protection of [Wild animals, birds and plants]1 and for matters connected therewith or ancillary or incidental thereto. They also determine the areas in which protection has to be provided as well as the level of it. The Act provides for the protection of wild animals, birds and plants; and for matters connected there with or ancillary or incidental thereto. The Wildlife (Protection) Act, 1972, An Act to provide for the protection of [Wild animals, birds and plants] 1 and for matters connected therewith or ancillary or incidental thereto. [37], One of the major objectives of the Wildlife (Protection) Act, 1972 is to regulate the illegal trade and associated activates on wild animals. The schedule VI has been added to include the specified plant species to be protected by the Wildlife (Protection) Amendment Act of 1991. 2. Further, the then existing state legislations were felt inadequate in order to protect the wildlife of the country. Currently only Common crow, Fruit Bats, Mice and Rats come under this. Hence, the Wildlife (Protection) Act, 1972 is a major step that promotes sustainable development in its best form. The WildLife (Protection) Act, 1972. Wild life was considered to be an integral part of the cultural inheritance of India. Hence, picking and destroying certain plants are also prohibited in the Act, with certain exception to scheduled tribes for personal use. [34], Section 18 to 34 deals with the creation and maintenance of sanctuaries. Before 1972, India had only five designated national parks. Wild Life (Protection) Act of 1972 and Amendment, 1982. This act prohibits the capturing, killing, poisoning or trapping of wild animals It extends to the whole of India except the State of Jammu and Kashmir. Wildlife (Protection) Act, 1972 has been accepted and adopted by all the states. The Act was amended several times and the Central Government is planning to bring one more in the near future. The Wildlife Protection Act, 1972 is an Act of the Parliament of India enacted for protection of plants and animal species. Many people are under the impression that India does not have strong wildlife conservation laws. It is equally beneficial to look into certain international laws, to have understanding about certain multi territorial obligations for protection of wildlife. This was the first umbrella act which established schedules of protected plant an. Content Guidelines 2. The rationale for passing Act as stated in its Statement of Objects and Reasons are as follows: 2. Among other reforms, the Act established schedules of protected plant and animal species; hunting or harvesting these species was largely outlawed. With the amendment of the Act in 1991, powers of the State Governments have been withdrawn almost totally. 4. Soon after the Stockholm Conference our country took substantive legislative steps for environmental protection. PublishYourArticles.net - Publish Your Articles Now, Copyright infringement takedown notification template. THE WILDLIFE (PROTECTION) ACT, 1972 (No. Even courts have recognized this with utmost importance. 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