Wildlife Protection Act, 1972


The Wild Life Protection Act, 1972 is an Act of the Parliament of India enacted for protection of plants and animal species. Before 1972, India had only
five designated national parks. Among other reforms, the Act established schedules of protected plant and animal species; hunting or harvesting these species was largely outlawed.
The Act provides for the protection of wild animals, birds and plants; and for matters connected there with or ancillary or incidental thereto. It extends to the whole of India. It has six schedules which give varying degrees of protection. and part II of provide absolute protection - offences under these are prescribed the highest penalties. Species listed in and are also protected, but the penalties are much lower. includes the animals which may be hunted. The specified endemic plants in are prohibited from cultivation and planting. The hunting to the Enforcement authorities have the power to compound offences under this Schedule. Up to April 2010 there have been 16 convictions under this act relating to the death of tigers.

History

The "Wild Life Act, 1972" was enacted by the Parliament of India in order to conserve animals, birds, plants and the matters connected therewith in 1972.

Definitions under the Act (Section 2)

This section describes what constitutes hunting and the intent to hunt.
Hunting wild animals is prohibited.

Ownership (Section 40 & 42)

Regarding ownership issues and trade licences. Ownership will be not transferred to another party also regarding issues to trade licence.

Penalties (Section 51)

Penalties are predescribed in section 51. Enforcement can be performed by agencies such as the Forest Department, the Police, the Wildlife Crime Control Bureau, the Customs and the Central Bureau of Investigation. Chargesheets can be filed directly by the Forest Department. Other enforcement agencies, often due to the lack of technical expertise, hand over cases to the Forest Department.

Amendments

The Code has been amended several times.
S. No.Short title of amending legislationNo.Year
1Wild Life Amendment Act 19821982
2Wild Life Amendment Act 19861986
3Wild Life Amendment Act 19911991
4Wild Life Amendment Act 19931993
5Wild Life Amendment Act, 20022002
6Wild Life Amendment Act 20062008

2002 Amendment

The 2002 Amendment Act which came into force in January, 2003 have made punishment and penalty for offences under the Act more stringent.

Offence

For offences relating to wild animals included in schedule-I or part II of Schedule- II and those relating to hunting or altering the boundaries of a sanctuary or national park the punishment and penalty have been enhanced, the minimum imprisonment prescribed is three years which may extend to seven years, with a minimum fine of Rs. 10,000/-. For a subsequent offence of this nature, the term of imprisonment shall not be less than three years but may extend to seven years with a minimum fine of Rs. 25,000. Also a new section has been inserted in the Act, making certain conditions applicable while granting bail:
'When any person accused of the commission of any offence relating to Schedule I or Part II of Schedule II or offences relating to hunting inside the boundaries of National Park or Wildlife Sanctuary or altering the boundaries of such parks and sanctuaries, is arrested under the provisions of the Act, then not withstanding anything contained in the Code of Criminal Procedure, 1973, no such person who had been previously convicted of an offence under this Act shall be released on bail unless -
The Public Prosecutor has been given an opportunity of opposing the release on bail; and
Where the Public Prosecutor opposes the application, the Court is satisfied that there are reasonable grounds for believing that he is not guilty of such offences and that he is not likely to commit any offence while on bail".
In order to improve the intelligence gathering in wildlife crime, the existing provision for rewarding the informers has been increased from 20% of the fine and composition money respectively to 50% in each case. In addition to this, a reward up to Rs. 10,000/- is also proposed to be given to the informants and others who provide assistance in detection of crime and apprehension of the offender.
At present, persons having ownership certificate in respect of Schedule I and Part II of Schedule II animals, can sell or gift such articles. This has been amended with a view to curb illegal trade, and thus no person can now acquire Schedule I or Part II of Schedule II animals, articles or trophies except by way of inheritance.
Stringent measures have also been proposed to forfeit the properties of hardcore criminals who have already been convicted in the past for heinous wildlife crimes. These provisions are similar to the provisions of 'Narcotic Drugs and Psychotropic Substances Act, 1985'. Provisions have also been made empowering officials to evict encroachments from Protected Areas.

Offences not pertaining to hunting of endangered species

Offences related to trade and commerce in trophies, animals articles etc. derived from certain animals attracts a term of imprisonment up to three years and/or a fine up to Rs. 25,000/-.