[online] Available at: https://www.nationalheraldindia.com/environment/wildlife-population-declined-by-68-since-1970-wwf  [Accessed 9 January 2021]. Wildlife (Protection) Act, 1972 has been accepted and adopted by all the states. Brief Notes on the Prevention and Control of Water Pollution Act of 1974. Schedule V deals with Vermin animals and Schedule VI with plants, on which trade and possession are restricted. [18] Section 2(36), The Wildlife (Protection) Act, 1972, [19] Section 2(37), The Wildlife (Protection) Act, 1972, [20] Section 2(18A), The Wildlife (Protection Act, 1972, [21] See Cottage Industries Exposition Limited and Another v. Union of India and Others 2007 (148) ECR 7 Delhi Available at: https://indiankanoon.org/doc/1484203/, where court has constructed meaning of ‘animal article’ in Section 2(2), The Wildlife (Protection) Act, 1972  to include ‘uncured trophy’, ‘trophy’ and ‘scheduled animal article’, which only will provide true meaning to the intentions of the law. 2020. Wildlife (protection)act,1972-environmental studies Slideshare uses cookies to improve functionality and performance, and to provide you with relevant advertising. The Wildlife (Protection) Act, 1972 is the prime law in India, that provides protection to the wildlife species. GK, General Studies, Optional notes for UPSC, IAS, Banking, Civil Services. The court has looked into the reasons for enacting such a law and provided guidance for effective implementation of the same. (1) Appointment of Director, Chief Wildlife Warden and Other Offic­ers: According to Section 3 of this Act, the Central Govt. If you found any in this website, please report us at [email protected]. PublishYourArticles.net is home of thousands of articles published by users like YOU. Interested to publish an article at Law Corner? WILD LIFE PROTECTION ACT An Act to make provision for the protectidn of wild life and io of 1978 for the establishment of wild fife sanctiuaries Cbrnmencernent: .lst August 1981 s.1301sr PART I PRELIMINARY l. This Act may be cited as the Wild Life Protection Short title Act. There is necessity of strict laws that not only preserves the habitat of such species but also provides an optimum situation for people who live near to the ecosystem of such species and is dependent on the same for livelihood. ADVERTISEMENTS: Summary of the Wildlife Protection Act, 1972 of India! Wild Life (Protection) Act of 1972 and Amendment, 1982. [39] However, the Chief Wildlife Warden can issue certificates in specific cases for the  possession of them. New entries appear in bold. [51] In the matter between Moti Lal vs Central Bureau Of Investigation[52] court has provided for use of CrPC in investigation of wild life offences unless specifically contradicted. By sreepriya .s 10. The passing of the Wildlife Act of 1972 constitutes an important landmark in the history of wildlife legislation in the country. The Wildlife (protection) Act, with timely amendments, facilitates the protection of wild life in India. WILDLIFE PROTECTION ACT 1972 1. Wildlife Protection Act 1972 is also against Taxidermy, which is the preservation of a dead wild animal as a trophy, or in the form of rugs, preserved skins, antlers, horns, eggs, teeth, and nails. Provision to prohibit collection and exploitation of wild plants which are threatened with extinction. act,1972 & Its importance. The WildLife (Protection) Act, 1972. In State of Rajasthan vs. Salman Khan and Others[49] Court observed that even a specific damage done to wildlife will qualify as loss to ecology. Note - The information contained in this post is for general information purposes only. Provision to ban trade in Africa ivory. India has a rich wildlife heritage. Preliminary, Chapter 2. India took big step by enacting The Wildlife (Protection) Act in 1972. The Act was necessitated as some wild animals and birds had become already extinct while some others were on the verge of extinction. The provisions for environmental protection in the constitution were made within four years of Stockholm Conference, in 1976, though the 42nd amendment as follows: Article-48-A of the constitution provides: “The state shall endeavour to protect and improve the environment and to safeguard forest and wildlife of the country.”, It shall be duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wildlife an to have compassion for living creatures.”. means— (a) unalienated land of the Crown; or This is because of the fact that the “Forest” including “Wildlife” was then a State subject falling in Entry 20 List II of Seventh Schedule, Parliament had no power to make law on the same except as provided in Articles 249,250 and 252 of the constitution. [19] The law has made a clear separation between wildlife and animals that can be domesticated. [26] No one without proper license can even cultivate these plants. Definition of Hunting Under the Act: Sec. Before 1972, India only had five designated national parks . In Indian Handicrafts Emporium & Ors vs Union Of India & Ors[50] the Court has closed the loopholes in the Act on trade on the imported parts of animals with the observation that the restrictions apply to that also. Any change in the wildlife population can have an adverse impact on the ecology of the country as well as the globe. Wild life was considered to be an integral part of the cultural inheritance of India. 3. Its primary aim is to curb the illegal trade in wildlife and the derivative parts. Some wild animals and birds have already become extinct in this country and the other in danger of being so. Animals included Schedule are provided for total protection from hunting and the trade and commerce related to such animals are strictly regulated. Hindustan Times, [online] Available at: https://www.hindustantimes.com/india-news/in-process-of-amending-wildlife-act-centre/story-mnFQlGvSh8dZnl8B70Vh6L.html  [Accessed 10 January 2021]. The new law was necessary, as there was a need for better protection of wildlife species and prevention of depletion of them through exploitation by vested interests. 1. The Wildlife Act of 1972 as amended in 1982, 1986, 1991 and 1993 has 7 Chapters, 66 Sections and 6 Schedules. Content Guidelines 2. [online] Available at: https://www.iucn.org/asia/countries/india  [Accessed 9 January 2021]. 53 of 1972) (9th September, 1972) An Act to provide for the protection of [Wild animals, birds and plants]1 and for matters connected therewith or ancillary or incidental thereto. Brief Notes on the Wildlife Protection Act of 1972. Chapter II (Section 3 to 8) of the Wildlife (Protection) Act, 1972 provides for appointment of various authorities in national and state level for conservation and protection of wildlife. This particular controversy caught the attention of the nation on the law under which the matter was considered, i.e., The WildLife (Protection) Act, 1972. 5764 OF 2011, Available at: https://indiankanoon.org/doc/82843898/, [49] Criminal Revision Petition Nos.633 of 2006, 905 of 2006, 906 of 2006 & 907 of 2006 Available at: https://www.legitquest.com/case/state-of-rajasthan-v-salman-khan-others/EA534, [50] Appeal (civil) 7533 of 1997 Available at: https://indiankanoon.org/doc/1231613/, [51] Appeal (civil) 7536 of 1997 Available at: https://indiankanoon.org/doc/53127/, [52] Appeal (crl.) Handbook On Wildlife Law Enforcement In India. [28], The Wildlife (Protection) Act, 1972 also provides for creation and maintenance of specific areas for the protection and propagation wildlife and environment. An expert committee, constituted by the Indian Board of Wildlife considers amendments to the Act, as and when necessary. Wildlife (Protection) Act, 1972 has been accepted and adopted by all the states. Native Plants Protection Act 1936. They also determine the areas in which protection has to be provided as well as the level of it. Should CJI be sitting in the bench to hear case against him? [14] Various High Courts has also admitted the same and provided certain guidance on such duties. The compensation clauses under Wildlife Protection Act,1972 will help for the humans who gets attacked through wild animals. Currently only Common crow, Fruit Bats, Mice and Rats come under this. [57] As we go through the provisions of the Wildlife (Protection) Act 1972, it is clear to us that it provides proper guidance for the fulfilment of this fundamental and puts maximum effort to create an ecological balance in which humans and other species can live in tranquillity. Preliminary, Chapter 2. We try our level best to avoid any misinformation or abusive content. Image Source: wildlifeworld.com/wp-content/uploads/2015/01/Header2-2000×850.jpg. Greater powers to enforcement authority. 5. The National Parks and Wildlife Act 1972 amended the following: The Lands for Public Purposes Acquisition Act 1914. [11] Hence, strict statutory measures are necessary to control such acts of anti-social elements. [7] Hence, if we go through the above-mentioned laws, an attempt can be seen to be taken to protect and promote the wildlife population, as they are crucial for the ecological balance of the country. Summary: India's Wildlife Protection Act of 1972 is a comprehensive piece of legislation that regulates sanctuaries, national parks, and zoos among other protected locations. Even though the intention of the Act was to provide protection to fauna mainly, necessity of protection of certain flora was also equally considered. Wildlife protection act 1972 Introduction Wildlife Protection Act 1972 was passed on August 21, 1972, but was later implemented on September 9, 1972. The sustainable development that everyone is dreaming of cannot be obtained merely by guidance and restrictions provided to human actions. Among other reforms, the Act established schedules of protected plant and animal species; hunting or harvesting these species was largely outlawed. Blackbuck Poaching Case | 1998-2018: A Timeline Of The Blackbuck Poaching Case. Section 35 to 38 talks about National Parks. Constitutional Provisions for the Wildlife Act Article 48A of the Constitution of India directs the St… Blackbuck poaching case: Salman Khan exempted from court appearance after counsel cites COVID risk. Along with the statutory measures, the Constitution of India imposes a fundamental duty on citizens to protect wildlife and be compassionate to living creatures. Legislation amended by principal Act. The jurisdiction of forests and wildlife came under the State governments, and each state government had a different policy in dealing with this subject. The Act was amended subsequently in 1982, 1986, 1991 and 1993 to accommodate provision for its effective implementation. [25] The plants specified are considered as government property. The Convention on Migratory Species[54] provides for conservation and sustainable use of migratory animals and their habitat. See Agarwal, N., 2020. 2 [***] CHAPTER 1 Preliminary 1. The Wildlife (Protection) Act 1972 ¾Amended by Amendment Act 16 of 2003 ¾The Wildlife (Protection) Amendment Bill 2002 proposes… zTo provide that captive animals and wild animals included in Schedule I and part II of Schedule II of the Wildlife Act and their parts and products can be acquired only by way of inheritance. Available at: https://www.traffic.org/site/assets/files/6284/handbook-wildlife-law-enforcement-india.pdf, [12] Article 51A(g), The Constitution of India, [13] Article 48A, The Constitution of India, [14] Animal Welfare Board Of India vs A. Nagaraja & Ors (2014) 7 SCC 547 Available at: https://indiankanoon.org/doc/39696860/, [15]See Abdulkadar Mohamad Azam Sheikh V State of Gujarat Available at: http://awbi.in/awbi-pdf/caged_birds_order_gj_hc.pdf and People for Animals v MD Mohazzim and Anr CRL. This Act provides for the protection of the country’s wild animals, birds and plant species, in order to ensure environmental and ecological security. Before publishing your Articles on this site, please read the following pages: 1. Privacy Policy3. 2. Here you can publish your research papers, essays, letters, stories, poetries, biographies and allied information with a single vision to liberate knowledge. (No. [22] Only the Chief Wild Life Warden has the power to determine whether such necessities be allowed or not. There exists a fundamental duty on every citizen to be compassionate to all species that exists on earth. Convention on Biological Diversity[55] provides for sustainable use of earth’s resources and protection of species. The Wild Life Protection Act, 1972 is an Act of the Parliament of India enacted for protection of plants and animal species. The Wildlife (Protection) Act, 1972, An Act to provide for the protection of [Wild animals, birds and plants] 1 and for matters connected therewith or ancillary or incidental thereto. Notes on Section 1 To 17 of Wildlife Protection Act, 1972 Section 1: Short Title, Extent and Commencement This Section lays down the title and the overall extent of the Wildlife Protection Act 1972 (hereafter referred to as the act/ this act/ Wildlife act). The operation of the Act is mandatory}’ in the Union Territories too. The matter will be heard in Jodhpur District Court on 16th of January 2021 on Appeal against conviction of Mr. Salman Khan. 54 (1994) DLT 286 Available at : https://indiankanoon.org/doc/673546/. Having regard to the importance of the matter, the Act has been adopted by all the States except that of Jammu and Kashmir which has a similar law enacted for the purpose of wildlife protection. Included all the chapters. India is the first country in the world to have made provisions for the protection and conservation of environment in its constitution. Principal Act and amendments. Prior to Wildlife Protection Act of 1972, India only had five designated national parks. The Supreme Court of India has accepted the existence of certain fundamental rights for animals too, including right to life. Short title, extent, and commencement, - (1) This Act may be called the Wildlife (Protection) Act, 1972. This was the first umbrella act which established schedules of protected plant an. Now the State Governments are not empowered to declare any wild animal a vermin. Wildlife Protection Act 1972. The Wildlife Protection Act, 1972 is an Act of the Parliament of India enacted for protection of plants and animal species. Chapter III and IIIA (Sections 9 to 17H) can be considered as the heart of the Wildlife (Protection) Act 1972. It has six schedules which give varying degrees of protection. It extends to whole of India, except Jammu and Kashmir. The Act provides for the protection of wild animals, birds and plants; and for matters connected there with or ancillary or incidental thereto. This is the first comprehensive legislation relating to the protection of wildlife was passed by the Parliament and it was assented by the President on 9th September 1972 and came to be known as The Wild Life (Protection) Act, 1972 (53 of 1972). The […] India is the first country in the world to have made provisions for the protection and conservation of environment in its constitution. Published on 29/05/2012. WILDLIFE PROTECTION ACT The Wild Life Protection Act, 1972 is an Act of the Parliament of India enacted on 9th September, 1972. Chapter IVA (Sections 38A to 38J) provides for the establishment and maintenance zoos. Another important part of the Wildlife (Protection) Act,1972 is the Schedules. may appoint: ADVERTISEMENTS: (a) A Director of Wild Life Preservation (subordinate to the Central Govt.) 5. Attempt to Protect India’s Wild life. Available at: https://eparlib.nic.in/bitstream/123456789/1122/1/lsd_05_05_21-08-1972.pdf. NGOs like WWF-India and Traffic-India will make available technical and legal guidance when needed. I hope it will help you guys . The Wildlife Protection Act, 1972 is an Act of the Parliament of India enacted for the protection of plants and animal species. [44] Cancellation of licences or permits issued can also take place under certain cases. Further by addition of provision, immunization of livestock within a radius of 5 km from a National. Chapter 1. Thus our constitution includes environmental protection and conservation as one of our fundamental duties. ADVERTISEMENTS: Summary of Wildlife Protection Act (1972) of India! [7] See World Wild Fund For Nature India vs Union Of India And Ors. Section 9 prohibits the hunting of any wild animal belonging to Schedule I to IV except in certain circumstance which necessitates it. (B) A Director of Wild Life Preservation (subordinate to the […] To protect the wildlife of the country the parliament of India passed Wild Life (Protection) Act, 1972 on the request made by eleven states. Recent reports point to the fact that decline in species population is contributing to increase vulnerability to environmental issues and even the spread of pandemics such as COVID-19.[10]. [3]  Hence, an attempt is made here to provide a holistic overview of The Wild Life (Protection) Act 1972, along with certain important case laws. Greater protection to wildlife through prohibiting hunting of wild animals other than vermin. Included all the chapters. Constitutional Provisions. The Act also contains VI Schedules that categorises wildlife to determine the kind of protection needed to be provided. 2 [***] CHAPTER 1 Preliminary 1. [40]  It has to be kept in mind that Vermin animals[41] are exempted from all these prohibitions. Zee News, [online] Available at: https://zeenews.india.com/india/blackbuck-poaching-case-salman-khan-exempted-from-court-appearance-after-counsel-cites-covid-risk-2328051.html [Accessed 10 January 2021]. Victimization Of Victim Under Criminal Justice System, Speech & Expression & Defamation: with reference to the Indian Constitution. The term ‘other offence’ in Section 141 of CrPC will include offences committed under Wildlife (Protection) Act, 1972. Among other things, the Act lays down restrictions on hunting many animal species. THE WILDLIFE (PROTECTION) ACT, 1972 (No. Wildlife protection act The Wildlife Protection Act, 1972. is an Act of the parliament of India enacted for protection of plants and animal species It extends to the whole of India, except the State of Jammu and Kashmir which has its own wildlife act. Development in its best form and enacted on 9th September, 1972 in Rajya. Standing Committee, but it was withdrawn in 2015 to our newsletter and get all updates to your email!! Last amended in the legal sense from Indian jurisdiction can be traced from the Madras wild Elephants Act... Act as stated in its best form Life Warden has the power to determine whether such necessities be allowed after. 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