Wildlife Protection Act in India, Summaries of Biology

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Environmental Law

 India has very rich in flora and fauna - consisting of 10 % of the world’s species  Large buildings are replacing the forests - the ecological balance is at great risk  Many species of birds and animals are extinct and some are endangered in India  Wildlife (Protection) Act in 1972 - provides for the safeguard and protection of the wildlife

 Wildlife (Protection) Amendment Act, 2002 –  new chapter was added (Chapter VI-A) to deal with the forfeiture of property derived from illegal hunting and trade  Concept of cooperative management through conservation reserve management committee and community reserve committees have also been introduced

 S. 2 ( 37 ) “wild life” includes any animal, aquatic or land vegetation which forms part of any habitat  S. 2 ( 16 ) “hunting” includes,  killing or poisoning of any wild animal or captive animal and every attempt to do so;  capturing, coursing, snaring, trapping, driving or baiting any wild or captive animal and every attempt to do so;  injuring or destroying or taking any part of the body of any such animal or, in the case of wild birds or reptiles, damaging the eggs of such birds or reptiles, or disturbing the eggs or nests of such birds or reptiles;

 (S. 3 ) Central Government may appoint –  director of wildlife preservation  assistant directors of wildlife preservation  any officers which may be deemed necessary  (S. 4 ) State Government may appoint –  chief wildlife warden  wildlife wardens  one honorary wildlife ward in each district  any officials that may be necessary

 (S. 5 A) The Wildlife (Protection) Amendment Act, 2002 , added this for the Constitution of the National Board for Wildlife (‘The Board’).  Nearly 50 members with The Prime Minister is the chairperson of the National Board of Wildlife.  The Board is to be constituted within three months of the amendment in the Act.  The function of the Board, as specified under S. 5 C, is to promote the conservation and development of wildlife and forest.  It can also frame policies and advise the central and the state governments on ways and means of promoting wildlife conservation and effectively controlling poaching and illegal trade of wildlife and its products.

 to advise the State Government on the issues relating to the selection of areas for declaring the same as Sanctuaries, National park, and Closed areas  to guide the Government in formulation of the policy for protection and conservation of wildlife and some specified plants

 No person is allowed to hunt any animal who is specified in Schedule 1 , Schedule 2 , Schedule 3 and Schedule 4.

 No person shall –

 Willfully pick, uproot, damage, destroy, acquire and collect any specified plant from area specified  Possess, sell, offer for sale, transfer by way of gift or otherwise, or transport any specified plant, whether dead or alive or part or derivative

 Scheduled tribe is permitted to pick, collect or possess any

specified plant or part or derivative in district where he resides

for bonafide personal use

 Chief Wildlife Warden may permit:  For the purpose of:  Education  Scientific research  Collection, preservation, display in a herbarium of any scientific institutions  Propagation by a person or an institution approved by Govt in this regard

 State Govt may declare by official notification any area as wildlife sanctuary –  provided that area is not already a reserve forest or have territorial waters  the area should have adequate floral, zoological significance, and adequate ecological, faunal significance for the proper protection and preservation and also for developing proper environment for wild animals

 Entry is permitted only to –  public servant who is on duty  person who has taken a permission from Chief Wildlife Warden or any authorised officer to reside within the limits of the sanctuary  person who has a lawful right over the immovable property within the limits of the sanctuary  person who is passing by the sanctuary through a highway  dependents of the persons mentioned above

 On application to chief wildlife warden –  grant any person to reside or to enter in a sanctuary for  investigation or study on wildlife  scientific research  Tourism  wildlife photography  for the commencement of lawful business with any person staying within the limits of the sanctuary

 No person shall destroy, exploit or remove any wild life including forest produce from a sanctuary or destroy or damage or divert the habitat of any wild animal, stop or enhance the flow of water into or outside the sanctuary, except in accordance with a permit granted by the Chief Wild Life Warden  and no such permit shall be granted unless the State Government after consulting the Board, is satisfied that such removal of wild life from the sanctuary or the change in the flow of water into or outside the sanctuary is necessary for the improvement and better management of wild life