Wild life protection act 1972 detailed features

WILD LIFE (PROTECTION) ACT, 1972 – DETAILED FEATURES

TANMOY MUKHERJI INSTITUTE OF JURIDICAL SCIENCE

Dr. Tanmoy Mukherji

Advocate

WILD LIFE (PROTECTION) ACT, 1972 – DETAILED FEATURES-

Purpose and Philosophy of the Act

Tanmoy Mukherji

Advocate


The Wild Life (Protection) Act, 1972 was enacted to:

Protect wild animals, birds, and plants

Preserve biological diversity

Prevent extinction of species

Ensure ecological balance

Fulfil India’s commitment to international conventions like CITES

The Act reflects the constitutional mandate under:

Article 48A – Protection of environment

Article 51A(g) – Fundamental duty of citizens

Extent and Application (Section 1)

Extends to the whole of India.

Definitions (Section 2)-

Important definitions include:

Prohibition of Hunting (Sections 9–12)-

General Rule- Complete ban on hunting of wild animals

Exceptions-

Classification of Animals and Plants (Schedules)-

Schedule I-

Highest protection

Severe punishment

Examples: Tiger, Lion, Elephant, Rhino

Schedule II-

Part I – Same protection as Schedule I

Part II – Lesser protection

Schedule III & IV-

Protected species

Lesser penalties

Schedule V-

Vermin (can be hunted)

Example: Rats, crows (as notified)

Schedule VI-

Protected plant species

Prohibits cultivation and trade

Protected Areas (Sections 18–38)-


Protection of Specified Plants (Sections 17A–17H)-

Regulation of Trade and Commerce (Sections 39–49)-

Strict prohibition on trade of:

Scheduled animals

Trophies

Animal articles

Ivory trade completely banned

Licenses required for dealers.

Authorities and Administration-

Central Authorities

National Board for Wildlife (NBWL)

Director of Wildlife Preservation

Central Zoo Authority

Wildlife Crime Control Bureau (WCCB)

State Authorities

State Board for Wildlife

Chief Wildlife Warden

Honorary Wildlife Wardens

Wildlife Crime Control Bureau (WCCB)-

Established in 2006

Functions:

Zoos and Captive Animals (Chapter IVA)-

Mandatory registration of zoos

Central Zoo Authority regulates:

Powers of Officers (Sections 50–51)-

Offences and Penalties (Section 51)-

General Offences-

Imprisonment up to 3 years

Fine up to ?25,000

Schedule I & II Offences-

Imprisonment: 3 to 7 years

Fine: Minimum ?10,000

Repeat Offenders-

Higher punishment

Cancellation of licenses

Cognizable and Non-Bailable Offences-


Forfeiture of Property (Chapter VI-A)-

Property acquired through illegal wildlife trade can be seized


Amendment Acts-

1986 – Plant protection added

1991 – Trade restrictions strengthened

2002 – Increased penalties

2006 – WCCB established

Reference Cases-

The Wild Life (Protection) Act, 1972 is a powerful environmental legislation aimed at conserving wildlife, preventing illegal trade, and safeguarding biodiversity for future generations.