Background

Even though the protection of wildlife through enactment under British Regime started regionally as early as 1873 through the Madras Act to prevent the indiscriminate destruction of wild elephants and for the whole of India in 1912 with the promulgation of the Wild Birds and Animals Protection Act, the Wildlife (Protection) Act of 1972 must be viewed as the first comprehensive legislation for control and management of wild animals including its habitat.

Highlights of the 1972 Act:

The very purpose of the Act is to protect the wildlife which includes wild animals and plants under Schedule I- VI , covering various endangered and vulnerable species of Mammals, Amphibians, Reptiles, Birds, Crustacea, Insects and Plants.

Chapter I explains different terms used in the Act .

Chapter II deals with various provisions for appointment, constitution and delegation of powers and duties of the concerned authorities.

Chapter III incorporates provisions / prohibition of hunting and protection of specified plants.

Chapter IV mentions procedures for declaration and control of Sanctuary and National Park, restrictions on entry, immunization of livestock, registration of persons in or within 10 km of such areas for possessing arms and provisions for constitution of and function of Central Zoo Authority and recognition of Zoos.

Chapter V deals with provision/ prohibition of Trade or Commerce in Wild Animals, Animal Articles and Trophies.

Rules for Prevention and detection of offences have been provided in Chapter VI. Chapter VII deals with miscellaneous provisions for reward, declaration of vermin, Rights of STs etc.

The West Bengal Wildlife (Protection) Rules, 1973 is also in vogue.

Amendments to the 1972 Act:

In 1982, Section 11 & 12 are amended for permitted capture and translocation of wild animals for scientific management or for instruction in alternative suitable habitat of endangered species. Section 44 was also amended which relates to grant of licenses for carrying on business in trophies and animals articles.

The amendment of 1986 has enforced the provisions of CITES under Article 253 of the Constitution. As per Chapter V-A, no person whether with or without a licence could commence or carry on business as manufacturer or dealer in any of the scheduled animal articles or in ivory or in trophies or in captive animals or in meat derived from such animals or cook or serve meat from such animal or as taxidermist. The entire existing stock was to be taken over the Chief Wildlife Warden excepting those animal article etc., which were required for the bonafide personal use of the person to whom the stock belongs.

In October 1991, far reaching and hard-hitting amendments were made yet again to the Act. As such, they constitute a major step towards providing greater protection to Wildlife. Equally important, the Act has now acquired the much needed teeth through enhanced punishment for violations. The scope of the new amendments is extremely wide, ranging from a total ban on the export of birds to upgrading conditions in Indian Zoos, captive breeding and hopefully reintroduction of endangered species into the wild. Chapter III A provides protection to specified plants and prohibition of their collection and exploitation.It prohibits hunting of all specified wild animals. The stocks of wildlife articles which is held by dealers licenced under the act is to be verified and identification stamps placed on each. Commercial felling and exploitation of wildlife (flora and fauna) has been banned in wildlife sanctuaries as it is in National Parks. The transportation of wildlife or wildlife products has been banned except on prior permission. The Export Policy was amended bringing about a total ban on export of birds. Non officials can directly take instances of violations of this act to the court. The last amendment was made in the year 1993.

Impact of the Legislations: