[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]. The Wildlife Act was passed in 1972 to protect the wildlife and their habitats. section 15; Crown land. A few salient features of the Act are as follows: 1. There are six schedules in the Act, providing different degree of protection and determines gravity of offences associated with species listed in that. Wildlife (Protection) Act, 1972 has been accepted and adopted by all the states. Should CJI be sitting in the bench to hear case against him? 9. Victimization Of Victim Under Criminal Justice System, Speech & Expression & Defamation: with reference to the Indian Constitution. TOS4. However, certain trade and transportation of species is between countries for the academic developments as well as to find the best mode of preservation. Another important part of the Wildlife (Protection) Act,1972 is the Schedules. Chapter 1. Short title, extent, and commencement, - (1) This Act may be called the Wildlife (Protection) Act, 1972. National Pleasure Resorts Act Amendment Act 1960. Illustration As per this Section, the Central Government has the power […] 3. 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. With these observations, I conclude my topic on Wildlife (Protection) Act, 1972. 2 [***] CHAPTER 1 Preliminary 1. 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. An expert committee, constituted by the Indian Board of Wildlife considers amendments to the Act, as and when necessary. If you found any in this website, please report us at [email protected]. The Act with its various amendments provides the necessary tool to prevent damage to the wildlife. 11. printOn 5th June 1972, environment was first discussed as an item of international agenda in the UN Conference on Human Environment held in Stockholm. So the endangered species of flora and fauna should be protected. Hence, the Wildlife (Protection) Act, 1972 is a major step that promotes sustainable development in its best form. The day is now celebrated as the World Environment Day. Click Here to submit your article. A previous law, called the Wild Birds and Animals Protection Act 1935, had become completely obsolete. Wildlife (protection)act,1972-environmental studies Slideshare uses cookies to improve functionality and performance, and to provide you with relevant advertising. Apart from such officers, it also provides for National and State Boards for effective execution of provisions of the act. WILDLIFE PROTECTION ACT 1972 1. Wildlife protection. [40] It has to be kept in mind that Vermin animals[41] are exempted from all these prohibitions. Some wild animals and birds have already become extinct in this country and the other in danger of being so. act,1972 & Its importance. The global demand for certain species due to their nature and properties has led to increase in illegal trade of them. Even though there exist many other treaties, the above mentioned are considered one’s that plays the crucial role in protection and conservation of wild life. 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. 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. The Act provides for the protection of wild animals, birds and plants; and for matters connected there with or ancillary or incidental thereto. India is the first country in the world to have made provisions for the protection and conservation of environment in its constitution. Payment of rewards to persons helping in apprehension of offenders. 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). The Convention on Migratory Species[54] provides for conservation and sustainable use of migratory animals and their habitat. Provision to extract and deal in snake venom for producing life saving drugs. The infamous blackbuck poaching controversy associated with Bollywood super celebrity Salman Khan is still in minds of people of India. The Act was amended subsequently in 1982, 1986, 1991 and 1993 to accommodate provision for its effective implementation. Before publishing your Articles on this site, please read the following pages: 1. 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). Wildlife Population Declined By 68% Since 1970: WWF. Principal Act and amendments. WILDLIFE PROTECTION ACT The Wild Life Protection Act, 1972 is an Act of the Parliament of India enacted on 9th September, 1972. I hope it will help you guys . Even courts have recognized this with utmost importance. Check out more about the Act here. Definition of Hunting Under the Act: Sec. This was the first umbrella act which established schedules of protected plant an. [38] All such animals and parts of them are government property. In State of Rajasthan vs. Salman Khan and Others[49] Court observed that even a specific damage done to wildlife will qualify as loss to ecology. Chapter III and IIIA (Sections 9 to 17H) can be considered as the heart of the Wildlife (Protection) Act 1972. 2 [***] CHAPTER 1 Preliminary 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. 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. [9] At the same time decline of species will seriously affect the ecosystem of all living creatures, including humans. The Act also contains VI Schedules that categorises wildlife to determine the kind of protection needed to be provided. [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. [41] Animals in Schedule V is known as Vermin animals. Blackbuck Poaching Case | 1998-2018: A Timeline Of The Blackbuck Poaching Case. The jurisdiction of forests and wildlife came under the State governments, and each state government had a different policy in dealing with this subject. Image Source: wildlifeworld.com/wp-content/uploads/2015/01/Header2-2000×850.jpg. The Wildlife (Protection) Act 1972 (with Amendment Acts of 2003 and 2006) This is an Act which provides for the protection of wild animals, birds and plants and matters connected with them, with a view to ensure the ecological and environmental security of India. 2020. The Wildlife (Protection) Act, 1972 is the prime law in India, that provides protection to the wildlife species. ADVERTISEMENTS: Summary of Wildlife Protection Act (1972) of India! Blackbuck poaching case: Salman Khan exempted from court appearance after counsel cites COVID risk. INDIAN WILDLIFE PROTECTION ACT 1972 1. The provisions for environmental protection in the constitution were made within four years of Stockholm Conference, in 1976, though the 42nd amendment as follows: Article-48-A of the constitution provides: “The state shall endeavour to protect and improve the environment and to safeguard forest and wildlife of the country.”, It shall be duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wildlife an to have compassion for living creatures.”. 3. Short title, extent, and commencement. What are constitutional provision for environmental protection? The Supreme Court of India has accepted the existence of certain fundamental rights for animals too, including right to life. Among other reforms, the Act established schedules of protected plant and animal species; hunting or harvesting these species was largely outlawed. 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. As everyone knows,wild animals collectively and the native fauna (and sometimes flora) of a region is called wildlife. [23] Section 11, The Wildlife (Protection) Act, 1972, [24] Section 12, The Wildlife (Protection) Act, 1972, [25] Section 17A, The Wildlife (Protection) Act, 1972, [26] Section 17H, The Wildlife (Protection) Act, 1972, [27] Section 17C, The Wildlife (Protection) Act, 1972, [28] Section 17B, The Wildlife (Protection) Act, 1972, [29] Section 18, The Wildlife (Protection) Act, 1972, [30] Section 30, The Wildlife (Protection) Act, 1972, [31] Section 31, The Wildlife (Protection) Act, 1972, [32] Section 32, The Wildlife (Protection) Act, 1972, [33] Section 27, The Wildlife (Protection) Act, 1972, [34] Section 28, The Wildlife (Protection) Act, 1972, [35] Section 39J, The Wildlife (Protection) Act, 1972, [36] Chapter IV B, The Wildlife (Protection) Act, 1972, [37] Chapter IV C, The Wildlife (Protection) Act, 1972, [38] Preserved parts or whole of animals as per Section 2(31), The Wildlife (Protection) Act, 1972, [39] Section 39, The Wildlife (Protection) Act, 1972, [40] Section 40, The Wildlife (Protection) Act, 1972. Now the State Governments are not empowered to declare any wild animal a vermin. The Wildlife Protection Act, 1972 is an Act of the Parliament of India enacted for the protection of plants and animal species. Further by addition of provision, immunization of livestock within a radius of 5 km from a National. It has six schedules which give varying degrees of protection. [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. It extends to whole of India, except Jammu and Kashmir. The Wildlife Protection Act, 1972 is an Act of the Parliament of India enacted for protection of plants and animal species. Chapter V and V A (Sections 39 to 49C) prohibits the trade on wild animals and trophies. The rationale for passing Act as stated in its Statement of Objects and Reasons are as follows: 2. 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. Wildlife (Protection) Act, 1972 has been accepted and adopted by all the states. India took big step by enacting The Wildlife (Protection) Act in 1972. This is because of the fact that the “Forest” including “Wildlife” was then a State subject falling in Entry 20 List II of Seventh Schedule, Parliament had no power to make law on the same except as provided in Articles 249,250 and 252 of the constitution. [22] Only the Chief Wild Life Warden has the power to determine whether such necessities be allowed or not. The Wild Life Protection Act, 1972 is an Act of the Parliament of India enacted for protection of plants and animal species. It is equally beneficial to look into certain international laws, to have understanding about certain multi territorial obligations for protection of wildlife. Articles made of Peacock feather are also exempted specifically. 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. 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. 8. The Convention on International Trade in Endangered Species[53] is one of the major laws, that attempts to provide protection of species from illegal trade. 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. Park or sanctuary has been made compulsory. 5. (MD)No.3631 of 2005 Available at: https://indiankanoon.org/doc/136108/?type=print. The rating of the Schedules I to V is in accordance with the risk of survival of the wildlife (fauna) enlisted in them. [35] Due to special nature and importance of tigers to India, the law has special provisions for protection of tigers. Section 35 to 38 talks about National Parks. [42], For the prevention of offences, Chief Wildlife Warden, authorised officer, any forest officer and police officer is given power to enter, search, arrest or detain any person who has committed or likely to commit it. Along with the statutory measures, the Constitution of India imposes a fundamental duty on citizens to protect wildlife and be compassionate to living creatures. [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. Currently only Common crow, Fruit Bats, Mice and Rats come under this. The habitat destruction due to agriculture, industries, urbanisation and other human activities had led to the erosion of the country’s wildlife. Schedule V deals with Vermin animals and Schedule VI with plants, on which trade and possession are restricted. 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. [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. 4. 2(16) of Wildlife Protection Act, 1972 defines the word hunting. WILDLIFE PROTECTION ACT The Wild Life Protection Act, 1972 is an Act of the Parliament of India enacted on 9th September, 1972. It extends to whole of India, except Jammu and Kashmir. It has 350 species of mammals, 1200 species of birds and around 20,000 known species of insects. may appoint: ADVERTISEMENTS: (a) A Director of Wild Life Preservation (subordinate to the Central Govt.) Interested to publish an article at Law Corner? Hence, picking and destroying certain plants are also prohibited in the Act, with certain exception to scheduled tribes for personal use. The WildLife (Protection) Act, 1972. 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. Animals included Schedule are provided for total protection from hunting and the trade and commerce related to such animals are strictly regulated. CHAPTER I - Preliminary 1 . Reworked from Critical Ecosystem Partnership Fund (CEPF) Report May 2007*. There exists a fundamental duty on every citizen to be compassionate to all species that exists on earth. [43] Violation of provisions of this act will attract a punishment up to seven years imprisonment and rupees twenty five thousand fine. [39] However, the Chief Wildlife Warden can issue certificates in specific cases for the possession of them. 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. M.C. [online] Available at: https://www.iucn.org/asia/countries/india [Accessed 9 January 2021]. Hi , I am Lovely . Native Plants Protection Act 1936. 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. 3. 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 . means— (a) unalienated land of the Crown; or [46] Special provisions are made to consider matters related to the properties obtained as a result of illegal hunting or trade.[47]. [27] Exceptions are also provided for scientific study and preservation. 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). Schedule I animals are those that can be hunted down only in case of threat to human life or disabled or diseased and their trade is prohibited. Before 1972, India only had five designated national parks. [33] Special permission should be taken from Chief Wildlife Warden to enter such areas for photography, education, tourism etc. Any change in the wildlife population can have an adverse impact on the ecology of the country as well as the globe. [36] The law also set up a Wildlife Crime Control Bureau for collecting details and investigating the offences against wildlife. It extends to the whole of India. It needs active steps to be taken for the existence and development of each species on earth. Wildlife Protection Act 1972 is first umbrella act which established schedules of protected plants and animal species of India. The court has looked into the reasons for enacting such a law and provided guidance for effective implementation of the same. It provides for protection of wild animals, birds and plants ; and for matters connected therewith or ancillary or incidental thereto. The term ‘other offence’ in Section 141 of CrPC will include offences committed under Wildlife (Protection) Act, 1972. The National Parks and Wildlife Act 1972 amended the following: The Lands for Public Purposes Acquisition Act 1914. By this act, hunting or harvesting these s. GK, General Studies, Optional notes for UPSC, IAS, Banking, Civil Services. [14] Various High Courts has also admitted the same and provided certain guidance on such duties. Wildlife Protection Act, 1972 This act is aimed to protect and preserve wildlife. Constitutional Provisions. We try our level best to avoid any misinformation or abusive content. The schedule VI has been added to include the specified plant species to be protected by the Wildlife (Protection) Amendment Act of 1991. Disclaimer Copyright. PublishYourArticles.net - Publish Your Articles Now, Copyright infringement takedown notification template. Short title, extent, and commencement, - (1) This Act may be called the Wildlife (Protection) Act, 1972. (1) Appointment of Director, Chief Wildlife Warden and Other Officers: According to Section 3 of this Act, the Central Govt. PRESENTATION 3. A brief look into the chapters in the Act reveals that the main objectives of the Act are prevention of hunting of wildlife, protect certain plants, establishment of zoos and protected area, restriction on the trade of wildlife, punishments for acts against wildlife and appointment of authorities for the execution of the provisions of Wildlife (Protection) Act 1972. Statute Law Revision Act 1935. Some of them are listed as 'endangered species' in wildlife protection act. On 5th June 1972: UN Conference on Human Environment in Stockholm. That is why, 5th June came to be celebrated all over the world as World Environment Day. Hence, an attempt is made here to provide a holistic overview of The Wild Life (Protection) Act 1972, along with certain important case laws. See also C. Rathinavel vs The State Of Tamil Nadu W.P. They also determine the areas in which protection has to be provided as well as the level of it. Constitutional Provisions for the Wildlife Act Article 48A of the Constitution of India directs the St… Some of the important Acts passed by the Government of India are discussed here. The Wildlife Protection Act, 1972 is an Act of the Parliament of India enacted for protection of plants and animal species. An earlier consideration of this in the legal sense from Indian jurisdiction can be traced from the Madras Wild Elephants Preservation Act 1873. 2018. Wildlife Protection Act 1972. New Delhi: Nataraj Publishers. [10] National Herald. To protect many animal and plant species, the Parliament of India enacted the Wildlife (Protection) Act in the year 1972. It provides for protection of wild animals, birds and plants ; and for matters connected therewith or ancillary or incidental thereto. Available at: https://eparlib.nic.in/bitstream/123456789/1122/1/lsd_05_05_21-08-1972.pdf. Brief Notes on the Wildlife Protection Act of 1972. The law tries to bring a balance in such situations. WILDLIFE PROTECTION ACT 1972 1. To protect the wildlife of the country the parliament of India passed Wild Life (Protection) Act, 1972 on the request made by eleven states. The compensation clauses under Wildlife Protection Act,1972 will help for the humans who gets attacked through wild animals. Except in circumstances that are dangerous for humans[23] or for scientific study and preservation[24], no animal in wildlife can be hunted down. Control Bureau for collecting details and investigating the offences against Wildlife soon after the Stockholm our. Advertisements: ( a ) a Director of wild Life was considered to be kept mind. 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( 1994 ) DLT 286 Available at: https: //zeenews.india.com/india/blackbuck-poaching-case-salman-khan-exempted-from-court-appearance-after-counsel-cites-covid-risk-2328051.html [ Accessed January! Wildlife of the Parliament of India enacted for Protection of plants and animal species 1972! 1972 ( No the following: the Lands for Public Purposes Acquisition Act 1914 pages: 1 V. [ 25 ] the law has made a clear separation between Wildlife and animals that be! Ecosystem Partnership Fund ( CEPF ) Report may 2007 * State Governments have been withdrawn totally. 10 January 2021 ] have made provisions for Protection of plants and animal species ; hunting harvesting... That promotes sustainable development in its constitution 1200 species of flora and fauna should be.... Between Wildlife and animals that can be taken [ 45 ] and bail be... Constituted under this //indiankanoon.org/doc/136108/? type=print be provided the offences against Wildlife six schedules which varying. 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