Wildlife Protection Act – 1972

The Wildlife Protection act, a landmark in the history of wildlife legislation in our country, came into existence in 1972. Wildlife was transferred from State list to concurrent list in 1976, thus giving power to the Central Govt. to enact the legislation.

The act has been adopted by all the States, except that of Jammu & Kashmir which has a similar law enacted for the purpose of wildlife protection. The operation of the act is mandatory in the Union Territories too.

The act provides the basic framework to ensure the protection and management of wildlife. The Act was amended subsequently in 1982, 1986, 1991 and 1993 to accommodate provision for its effective implementation.

The rationale behind passing the Act (Why was this act passed?)
• The rapid decline of India’s wild animals and birds, one of the richest and most-varied wildlife resources of the country was a cause of grave concern.
• Areas which were once teeming with wildlife had become devoid of it and even in Sanctuaries and National Parks the protection afforded to wildlife needed to be improved.
• The Wild Birds and Animals Protection Act, 1935 had become completely outdated.
• The existing laws not only had become outdated but also provide punishments, which were not commensurate with the offence and financial benefits that occurred from poaching and trade in wildlife produce.

Salient features of this Act
• It defines the wild-life related terminology.
• It provides for the appointment of wildlife advisory Board, Wildlife warden, their powers, duties etc.
• Under the Act, comprehensive listing of endangered wild life species was done for the first time and prohibition of hunting of the endangered species was mentioned.
• Protection to some endangered plants like Beddome cycad, Blue Vanda, Ladies Slipper Orchid, Pitcher plant etc. is also provided under the Act.
• The Act provides for setting up of National Parks, Wildlife Sanctuaries etc.
• The Act provides for the constitution of Central Zoo Authority.
• There is provision for trade and commerce in some wildlife species with license for sale, possession, transfer etc.
• The Act imposes a ban on the trade or commerce in scheduled animals.
• It provides for legal powers to officers and punishment to offenders.
• It provides for captive breeding programme for endangered species.

Drawbacks of the Act
Some of the major drawbacks of the Act include.
• Mild penalty to offenders.
• Illegal wild life trade in J & K.
• Personal ownership certificates for animal articles (tiger, leopard skins etc.) are permissible which very often serve as a tool for illegal trading.
• No coverage of foreign endangered wildlife.
• Pitiable condition of wildlife in mobile zoos.
• Little emphasis on protection of plant genetic resources .

Wildlife Protection Act – 1972
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