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.