Wildlife Protection Act

ASSIGNMENT ON:
WILDLIFE PROTECTION ACT, 1972

SUBMITTED TO: SUBMITTED BY
Ms. Vani Vyas Sidharth trehan
Dhruv veer singh
Raghav singh
Jonathan jefferson
Sanit walia
BBA LLB (A)

INTRODUCTION
The Wildlife Protection Act, 1972 is an Act of the Parliament of
India enacted for protection of plants and animal species. Before
1972, India only had five designated national parks. Among
other reforms, the Act established schedules of protected plant
and animal species; hunting or harvesting these species was
largely outlawed.
The Act provides for the protection of wild animals, birds and
plants; and for matters connected therewith or ancillary or
incidental thereto. It extends to the whole of India, except the
State of Jammu and Kashmir which has its own wildlife act. It
has six schedules which give varying degrees of
protection. Schedule I and part II of Schedule II provide
absolute protection - offences under these are prescribed the
highest penalties. Species listed in Schedule III and Schedule
IV are also protected, but the penalties are much
lower. Schedule V includes the animals which may be hunted.
The plants in Schedule VI are prohibited from cultivation and
planting. The hunting to the Enforcement authorities have the
power to compound offences under this Schedule (i.e. they
impose fines on the offenders). Up to April 2010 there have
been 16 convictions under this act relating to the death of tigers
HISTORY
Laws related to wildlife have been a part of our history, long before the
Wildlife Protection Act was passed. The need to protect our wildlife has
come from the awareness to restore the crucial ecological balance in
nature, least it result in a catastrophe produced by humans, which will
inflict nature and ultimately humans. The oldest law to protect wildlife
and nature can be found in the 3rd century BC when Ashoka, the king of
Magadha put in place a law to preserve wildlife and environment.

The first codified law for the protection of wildlife was introduced by
the British in 1887, which enacted the Wild Birds Protection Act 1887.
The British Government used this act to formulate rules forbidding the
possession and sale of any wild birds which may have been captured or
killed during the breeding season. In 1912, the British again passed a
new law called the Wild Birds and Animals Protection Act 1912, which
in the long run was unable to protect the wild birds and animals. In
1935, the act of 1912 was amended by the Wild Birds and Animals
Protection (Amendment) Act 1935.

The struggle for Independence saw the issue of wildlife protection
shifted to the back burner, but shortly after Independence the Constituent
Assembly placed “Protection of Wild Birds and Wild Animals” in the
state list and the state legislature was given power to legislate. It was
ultimately not until 1960 that the issue of diminishing wildlife came to
the forefront again.
OBJECTIVE OF THE ACT
The main objective behind the enactment of Wildlife

Protection Act of 1972 was to control poaching and
illegal trading of wildlife in the country. The act also aims
at providing a powerful legal framework for conserving
the wildlife by introduction of regulations such as
prohibition of hunting, protection and management of
wildlife habitats, establishment of protected areas,
regulation and control of trade in parts and products
derived from wildlife and management of zoos. The
protected areas under the Act are categorized as National
Parks, Wildlife Sanctuaries, Tiger Reserves,
Conservation Reserves and Community Reserves.
2002 WILDLIFE PROTECTION ACT
AMENDMENT
For offences relating to wild animals (or their parts and products)
included in schedule-I or part II of Schedule- II and those relating to
hunting or altering the boundaries of a sanctuary or national park the
punishment and penalty have been enhanced, the minimum
imprisonment prescribed is three years which may extend to seven years,
with a minimum fine of Rs. 10,000/-. For a subsequent offence of this
nature, the term of imprisonment shall not be less than three years but
may extend to seven years with a minimum fine of Rs. 25,000. Also a
new section (51 - A) has been inserted in the Act, making certain
conditions applicable while granting bail: 'When any person accused of
the commission of any offence relating to Schedule I or Part II of
Schedule II or offences relating to hunting inside the boundaries of
National Park or Wildlife Sanctuary or altering the boundaries of such
parks and sanctuaries, is arrested under the provisions of the Act, then
not withstanding anything contained in the Code of Criminal Procedure,
1973, no such person who had been previously convicted of an offence
under this Act shall be released on bail unless -
(a) The Public Prosecutor has been given an opportunity of opposing the
release on bail; and
(b) Where the Public Prosecutor opposes the application, the Court is
satisfied that there are reasonable grounds for believing that he is not
guilty of such offences and that he is not likely to commit any offence
while on bail".
In order to improve the intelligence gathering in wildlife crime, the
existing provision for rewarding the informers has been increased from
20% of the fine and composition money respectively to 50% in each
case. In addition to this, a reward up to Rs. 10,000/- is also proposed to
be given to the informants and others who provide assistance in
detection of crime and apprehension of the offender.
At present, persons having ownership certificate in respect of Schedule I
and Part II animals, can sell or gift such articles. This has been amended
with a view to curb illegal trade, and thus no person can now acquire
Schedule I or Part II of Schedule II animals, articles or trophies except
by way of inheritance (except live elephants).
Stringent measures have also been proposed to forfeit the properties of
hardcore criminals who have already been convicted in the past for
heinous wildlife crimes. These provisions are similar to the provisions of
'Narcotic Drugs and Psychotropic Substances Act, 1985'. Provisions
have also been made empowering officials to evict encroachments from
Protected Areas.
BIBLIOGRAPHY
1. http://www.indianetzone.com/50/wildlife_
protection_act_1972.htm
2. https://en.wikipedia.org/wiki/Wildlife_Pr
otection_Act,_1972#History
3. http://envfor.nic.in/legis/wildlife/wildlife1.
html

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ASSIGNMENT ON:

WILDLIFE PROTECTION ACT, 1972

Ms. Vani Vyas Sidharth trehan

Dhruv veer singh

BBA LLB (A)

The main objective behind the enactment of Wildlife

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