The
Wildlife Protection Act of 1972 refers to a sweeping package of legislation enacted in 1972 by the
Government of IndiaThe Government of India, officially known as the Union Government, and also known as the Central Government, was established by the Constitution of India, and is the governing authority of the union of 28 states and seven union territories, collectively called the Republic of India...
. Before 1972,
IndiaIndia , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
only had five designated
national parksThis is a list of all national parks of India. India's first national park was established in 1936 as Hailey National Park, now known as Jim Corbett National Park. By 1970, India only had five national parks...
. Among other reforms, the Act established schedules of protected plant and animal species; hunting or harvesting these species was largely outlawed.
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The
Wildlife Protection Act of 1972 refers to a sweeping package of legislation enacted in 1972 by the
Government of IndiaThe Government of India, officially known as the Union Government, and also known as the Central Government, was established by the Constitution of India, and is the governing authority of the union of 28 states and seven union territories, collectively called the Republic of India...
. Before 1972,
IndiaIndia , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
only had five designated
national parksThis is a list of all national parks of India. India's first national park was established in 1936 as Hailey National Park, now known as Jim Corbett National Park. By 1970, India only had five 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
IndiaIndia , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
, except the State of
JammuJammu , also known as Duggar, is one of the three administrative divisions within Jammu and Kashmir, the northernmost state in India.Jammu city is the largest city in Jammu and the winter capital of Jammu and Kashmir...
and
KashmirKashmir is the northwestern region of the Indian subcontinent. Until the mid-19th century, the term Kashmir geographically denoted only the valley between the Great Himalayas and the Pir Panjal mountain range...
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.
Definitions under the Act (Section 2)
- "animal" includes amphibian
Amphibians , are a class of vertebrate animals including animals such as toads, frogs, caecilians, and salamanders. They are characterized as non-amniote ectothermic tetrapods...
s, birdBirds are feathered, winged, bipedal, endothermic , egg-laying, vertebrate animals. Around 10,000 living species and 188 families makes them the most speciose class of tetrapod vertebrates. They inhabit ecosystems across the globe, from the Arctic to the Antarctic. Extant birds range in size from...
s, mammalMammals are members of a class of air-breathing vertebrate animals characterised by the possession of endothermy, hair, three middle ear bones, and mammary glands functional in mothers with young...
s, and reptileReptiles are members of a class of air-breathing, ectothermic vertebrates which are characterized by laying shelled eggs , and having skin covered in scales and/or scutes. They are tetrapods, either having four limbs or being descended from four-limbed ancestors...
s, and their young, and also includes, in the cases of birds and reptiles, their eggs.
- "animal article" means an article made from any captive or wild animal, other than vermin
Vermin is a term applied to various animal species regarded by some as pests or nuisances and especially to those associated with the carrying of disease. Since the term is defined in relation to human activities, which species are included will vary from area to area and even person to person...
, and includes an article or object in which the whole or any part of such animal has been used and an article made therefrom.
- "hunting" includes capturing, killing, poisoning, snaring, or trapping any wild animal, and every attempt to do so driving any wild animal for any of the purposes specified in sub clause injuring, destroying or taking any body part of any such animal, or in the case of wild birds or reptiles, disturbing or damaging the eggs or nests of such birds or reptiles.
- "taxidermy" means the curing, preparation or preservation of trophies.
- "trophy" means the whole or any part of any captive or wild animal (other than vermin) which has been kept or preserved by any means, whether artificial or natural. This includes: rugs, skins, and specimens of such animals mounted in whole or in part through a process of taxidermy
Taxidermy is the act of mounting or reproducing dead animals for display or for other sources of study. Taxidermy can be done on all vertebrate species of animals, including mammals, birds, fish, reptiles, and amphibians...
antlerAntlers are the usually large, branching bony appendages on the heads of most deer species.-Etymology:Antler originally meant the lowest tine, the "brow tine"...
, horn, rhinoceros horn, feather, nail, tooth, muskMusk is a class of aromatic substances commonly used as base notes in perfumery. They include glandular secretions from animals such as the musk deer, numerous plants emitting similar fragrances, and artificial substances with similar odors. Musk was a name originally given to a substance with a...
, eggs, and nests.
- "uncured trophy" means the whole or any part of any captive animal (other than vermin) which has not undergone a process of taxidermy. This includes a freshly killed wild animal, ambergris, musk and other animal products.
- "vermin" means any wild animal specified in Schedule V.
- "wildlife" includes any animal, bees, butterflies, crustacean, fish and moths; and aquatic or land vegetation which forms part of any habitat
Penalties (Section 51)
Penalties are prescribed in section 51. Enforcement can be performed by agencies such as the Forest Department, the Police, the Customs and the Central Bureau of Investigation (CBI). Chargesheets can be filed directly by the Forest Department. Other enforcement agencies, often due to the lack of technical expertise, hand over cases to the Forest Department.
External links
- "The Indian Wildlife (Protection) Act, 1972" from the Official website of: Government of India, Ministry of Environment & Forests
- “Legislations on Environment, Forests, and Wildlife” from the Official website of: Government of India, Ministry of Environment & Forests
- Official website of: Government of India, Ministry of Environment & Forests. (2007) Commentaries on Wildlife Law- Cases, Statutes & Notifications . Wildlife Trust of India
The Wildlife Trust of India, is a non profit conservation organisation based in New Delhi, India. Its principal concerns are crisis management to prevent destruction of India's wildlife and the provision of quick, efficient aid to those areas that require it the most...
. A commentary on the Wildlife (Protection) Act 1972, and includes a compilation of the Supreme Court and High Courts judgements on Wildlife (Protection) Act 1972, Indian Forest Act, 1927, Forest (Conservation) Act, 1980 and other relevant statutes.