The Wildlife (Protection) Act, 1972

FOCUS

The Wildlife (Protection) Act, 1972 aims to protect wild animals, birds, and plants across states and union territories in India, except the (then) state of Jammu and Kashmir.

It was enacted on September 9, 1972. It is divided into eight chapters. Among other things, the Act empowers central and state governments to declare any area as a wildlife sanctuary, national park, or closed area. The Act also stipulates setting up wildlife advisory boards and wildlife wardens.     

    FACTOIDS

  1. How does the Act define an animal and an animal article?

    An animal includes amphibians, birds, mammals, and reptiles. It includes their offspring and their eggs.


    An animal article is defined as an article made fully or partly from captive or wild animal – other than vermin). Wild animals that qualify as vermin are listed in Schedule V of the Act.

  2. What is a Trophy?

    Trophy is whole or part of captive or wild animal – other than vermin – kept or preserved by means, whether natural or artificial. It includes skins, rugs, horns or feathers. 

  3. What is the constitution of the Wildlife Advisory Board?

    The Act states that a Wildlife Advisory Board is to be constituted by the state government or the relevant authority at the union territory. It shall consist of the minister in charge of the Forest Department in the state or the union territory, two members from the state legislature, a Secretary to the state government, The Forest Officer in charge of the Forest Department, a Chief Wildlife Warden, and others.


    Furthermore, there can be the appointment of no more than ten members (including a maximum of three representatives from tribal groups) who, in the opinion of the state government, are interested in the protection of wildlife.

  4. What are the duties of the Wildlife Advisory Board?

    The Act states that it shall be the duty of the Board to advise the state government on the selection of areas to be declared as sanctuaries, national parks, closed areas. The Board shall also help with the administration of these areas, the Act states. They shall also help establish policies to protect and conserve wildlife and specified plants. Other than that, the Board will provide measures for “harmonizing the needs of the tribals and other dwellers of the forest”.

  5. Which animals can be hunted in certain cases?

    Section 11 of the Act specifies that if the Chief Wildlife Warden believes that any animal mentioned in Schedule 1 has turned dangerous for human life or if they are suffering from diseases from which they might not recover, the Officer can write an order stating the reason allowing its hunting.

  6. What are the regulations specified in the Act for the protection of specified plants?

    Under section 17A of the Act, no person is allowed to “wilfully prick, uproot, damage, destroy, acquire or collect” any specified plants or their derivatives from any reserved area.


    A person who deals with or cultivates a specified plant shall have to declare – within 30 days of the commencement of the Act – either before the Chief Warden Officer or any other officer authorized by the state government his stocks of such plants. 

  7. What are the regulations specified for the declaration of a sanctuary?

    The state government, this Act states, may notify its intention to constitute any area (other than reserved forests and territorial water) as a sanctuary if it considers that the area as sufficient “ecological, faunal, floral, geomorphological, natural. or zoological significance”.


    After the release of such notification, the collector of the area shall determine the “existence, nature, and extent of the rights” of any person whose land falls under the area reserved as a sanctuary. It is also the responsibility of the collector to publish a notification in the regional language specifying the limits and plans for the sanctuary.

  8. Who are allowed to reside or enter a sanctuary with a permit?

    Section 28 of the Act states that a person is allowed to reside or enter a sanctuary for: i) investigation or study of wildlife; ii) photography; iii) scientific research; iv) tourism; v) transaction of lawful business with any person who resides within the sanctuary.


    Focus and Factoids by Asif Iqbal.

AUTHOR

Ministry of Environment, Forest and Climate Change

COPYRIGHT

Government of India

PUBLICATION DATE

11 Sep, 1972

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