Wildlife (Protection) Act (WPA), 1972

Constitutional Provisions for Wildlife:

• The 42nd Amendment Act, 1976, Forests and Protection of Wild Animals and Birds was transferred from State to Concurrent List.
• Article 51 A (g) of the Constitution states that it shall be the fundamental duty of every citizen to protect and improve the natural environment including forests and Wildlife.
• Article 48 A in the Directive Principles of State policy, mandates that the State shall endeavor to protect and improve the environment and to safeguard the forests and wildlife of the country.

History of wildlife protection legislation in India

• The first such law was passed by the British Indian Government in 1887 called the Wild Birds Protection Act, 1887. The law sought to prohibit the possession and sale of specified wild birds that were either killed or captured during a breeding session.
• A second law was enacted in 1912 called the Wild Birds and Animals Protection Act.
• This was amended in 1935 when the Wild Birds and Animals Protection (Amendment) Act 1935 was passed.

Salient Features of the Act

• Prohibition of hunting: It prohibits the hunting of any wild animal specified in Schedules I, II, III and IV of the act.
• Exception: A wild animal listed under these schedules can be hunted/ killed only after getting permission from the Chief Wildlife Warden (CWLW) of the state if:
• It becomes dangerous to human life or to property (including standing crops on any land).
• It is disabled or suffering from a disease that is beyond recovery.
• Prohibition of Cutting/Uprooting Specified Plants: It prohibits the uprooting, damage, collection, possession or selling of any specified plant from any forest land or any protected area.
• Exception: The CWLW, however, may grant permission for uprooting or collecting a specific plant for the purpose of education, scientific research, preservation in a herbarium or if a person/institution is approved to do so by the central government.
• Declaration and Protection of Wildlife Sanctuaries and National Parks: The Central Government can constitute any area as a Sanctuary, provided the area is of adequate ecological, faunal, floral, geomorphological, natural or zoological significance.
• The government can also declare an area (including an area within a sanctuary) as a National Park.
• A Collector is appointed by the central government to administer the area declared as a Sanctuary.
• Constitution of Various Bodies: The WPA act provides for the constitution of bodies to be established under this act such as the National and State Board for Wildlife, Central Zoo Authority and National Tiger Conservation Authority.
• Government Property: Hunted wild animals (other than vermin), animal articles or meat of a wild animal and ivory imported into India and an article made from such ivory shall be considered as the property of the Government.

Schedules under the Act

• The Wildlife (Protection) Act, 1972 has divided the protection status of various plants and animals under the following six schedules:

Schedule I:

• It covers endangered species that need rigorous protection. The species are granted protection from poaching, killing, trading etc.
• A person is liable to the harshest penalties for violation of the law under this Schedule.
• Species under this Schedule are prohibited to be hunted throughout India, except under threat to human life or in case of a disease that is beyond recovery.
• Some of the animals granted protection under the Schedule I include:The Black Buck, Bengal Tiger …,

Schedule II:

• Animals under this list are also accorded high protection with the prohibition on their trade.
• They cannot be hunted except under threat to human life or if they are suffering from a disease/ disorder that goes beyond recovery.
• Some of the animals listed under Schedule II include: Assamese Macaque, Pig Tailed Macaque, Stump Tailed Macaque..,

Schedule III & IV:

• Species that are not endangered are included under Schedule III and IV.
• This includes protected species with hunting prohibited but the penalty for any violation is less compared to the first two schedules.
• Animals protected under Schedule III include: Chital (spotted deer),Bharal (blue sheep)..,

Schedule V:

• This schedule contains animals that are considered as vermin (small wild animals that carry disease and destroy plants and food). These animals can be hunted.
• It includes only four species of wild animals: Common Crows, Fruit Bats, Rats, Mice.

Schedule VI:

• It provides for regulation in cultivation of a specified plant and restricts its possession, sale and transportation.
• Both cultivation and trade of specified plants can only be carried out with prior permission of competent authority.
• Plants protected under Schedule VI include: Beddomes’ cycad (Native to India), Blue Vanda (Blue Orchid),Red Vanda (Red Orchid),Kuth (Saussurea lappa),Slipper orchids (Paphiopedilum spp.),Pitcher plant (Nepenthes khasiana).