wildlife protection act, 1972 notes

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. Schedule V deals with Vermin animals and Schedule VI with plants, on which trade and possession are restricted. 4. This act prohibits the capturing, killing, poisoning or trapping of wild animals It extends to the whole of India except the State of Jammu and Kashmir. PublishYourArticles.net is home of thousands of articles published by users like YOU. [27] Exceptions are also provided for scientific study and preservation. 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. Included all the chapters. So the endangered species of flora and fauna should be protected. Wildlife Protection Act, 1972 – A Summary. 8. (MD)No.3631 of 2005 Available at: https://indiankanoon.org/doc/136108/?type=print. If you found any in this website, please report us at [email protected]. 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. If the trade in imported parts is allowed, it may endanger Indian wildlife. The Section says that hunting”, with its grammatical variations and cognate expressions, includes,— (a) killing or poisoning of any wild animal or captive animal and every attempt to do so; India has a rich wildlife heritage. may appoint: ADVERTISEMENTS: (a) A Director of Wild Life Preservation (subordinate to the Central Govt.) 6. Along with the statutory measures, the Constitution of India imposes a fundamental duty on citizens to protect wildlife and be compassionate to living creatures. (No. Among other reforms, the Act established schedules of protected plant and animal species; hunting or harvesting these species was largely outlawed. India took big step by enacting The Wildlife (Protection) Act in 1972. [43] Violation of provisions of this act will attract a punishment up to seven years imprisonment and rupees twenty five thousand fine. Chapter III and IIIA (Sections 9 to 17H) can be considered as the heart of the Wildlife (Protection) Act 1972. Prior to Wildlife Protection Act of 1972, India only had five designated national parks. Brief Notes on the Prevention and Control of Water Pollution Act of 1974. (B) A Director of Wild Life Preservation (subordinate to the […] Authorities to be appointed or constituted under this Act, Chapter 3. Further, the then existing state legislations were felt inadequate in order to protect the wildlife of the country. Legislation amended by principal Act. Except in circumstances that are dangerous for humans[23] or for scientific study and preservation[24], no animal in wildlife can be hunted down. See also C. Rathinavel vs The State Of Tamil Nadu W.P. [11] Hence, strict statutory measures are necessary to control such acts of anti-social elements. Wildlife Population Declined By 68% Since 1970: WWF. 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. 3. [11] Sinha, S., 2010. National Parks and Wildlife Act 1972—3.10.2019 Part 1—Preliminary 2 Published under the Legislation Revision and Publication Act 2002 Council means the Parks and Wilderness Council established under . Subscribe to our newsletter and get all updates to your email inbox! Some wild animals and birds have already become extinct in this country and the other in danger of being so. 3. [41] Animals in Schedule V is known as Vermin animals. Wildlife protection act 1972 Introduction Wildlife Protection Act 1972 was passed on August 21, 1972, but was later implemented on September 9, 1972. With the amendment of the Act in 1991, powers of the State Governments have been withdrawn almost totally. [2] Time has not passed much since the ‘Hum Saath Saath Hai’ star, along with his co-actors has faced the proceedings in front of a lower court in Jodhpur, Rajasthan. [46] Special provisions are made to consider matters related to the properties obtained as a result of illegal hunting or trade.[47]. Schedule I animals are those that can be hunted down only in case of threat to human life or disabled or diseased and their trade is prohibited. The Wildlife Act of 1972 as amended in 1982, 1986, 1991 and 1993 has 7 Chapters, 66 Sections and 6 Schedules. There are six schedules in the Act, providing different degree of protection and determines gravity of offences associated with species listed in that. Provision to extract and deal in snake venom for producing life saving drugs. Areas which were once teeming with wildlife have become devoid of it and even in sanctuaries and National Parks the protection afforded to wildlife needs to be improved. The […] The Convention on Wetlands of International Importance[56] focuses on conservation and sustainable use of wetlands and its resources. [17], Section 2 of the Wildlife (Protection) Act, 1972 provides with important definitions under which the provisions of the Act have to be considered. [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. The Act provides for the protection of wild animals, birds and plants; and for matters connected there with or ancillary or incidental thereto. INDIAN WILDLIFE PROTECTION ACT 1972 1. ADVERTISEMENTS: The major activities and provisions in the act can be […] [22] Only the Chief Wild Life Warden has the power to determine whether such necessities be allowed or not. Brief Notes on the Wildlife Protection Act of 1972. Constitutional Provisions for the Wildlife Act Article 48A of the Constitution of India directs the St… The Wildlife (Protection) Act (WLPA), 1972, is an important statute that provides a powerful legal framework for violations like hunting. [online] Available at: https://economictimes.indiatimes.com/magazines/panache/1998-2016-a-timeline-of-the-blackbuck-killing-case/articleshow/53377957.cms?from=mdr  [Accessed 9 January 2021], [3] See http://legislative.gov.in/sites/default/files/A1972-53_0.pdf, [4]https://mitocw.ups.edu.ec/courses/history/21h-380j-people-and-other-animals-fall-2013/readings/MIT21H_380F13_laws.pdf, [5] For example, The Nilgiris Game and Fish Preservation Act, 1879, [6] https://indiankanoon.org/doc/1702370/. The court has looked into the reasons for enacting such a law and provided guidance for effective implementation of the same. A few salient features of the Act are as follows: 1. [7] See World Wild Fund For Nature India vs Union Of India And Ors. 2018. Wildlife (protection)act,1972-environmental studies Slideshare uses cookies to improve functionality and performance, and to provide you with relevant advertising. Article shared by . Check out more about the Act here. 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]. However, certain trade and transportation of species is between countries for the academic developments as well as to find the best mode of preservation. Salient features of the Act: The Wildlife Protection Act, 1972 which we read today is a product of process which started long ago in 1887 for the protection of a few wild birds and after addition of wild animals in 1912 and specified plants in 1991 it covered almost all the wildlife resources which need protection and management. 6. [33] Special permission should be taken from Chief Wildlife Warden to enter such areas for photography, education, tourism etc. This was the first umbrella act which established schedules of protected plant an. Among other reforms, the Act established schedules of protected plant and animal species; hunting or harvesting these species was largely outlawed. Further by addition of provision, immunization of livestock within a radius of 5 km from a National. Reworked from Critical Ecosystem Partnership Fund (CEPF) Report May 2007*. The Act also contains VI Schedules that categorises wildlife to determine the kind of protection needed to be provided. Another important part of the Wildlife (Protection) Act,1972 is the Schedules. The National Parks and Wildlife Act 1972 amended the following: The Lands for Public Purposes Acquisition Act 1914. Chapter 1. Preliminary, Chapter 2. Law Of Torts: A Study Between India And England, https://economictimes.indiatimes.com/magazines/panache/1998-2016-a-timeline-of-the-blackbuck-killing-case/articleshow/53377957.cms?from=mdr, https://mitocw.ups.edu.ec/courses/history/21h-380j-people-and-other-animals-fall-2013/readings/MIT21H_380F13_laws.pdf, https://www.iucn.org/asia/countries/india, https://eparlib.nic.in/bitstream/123456789/1122/1/lsd_05_05_21-08-1972.pdf, https://www.nationalheraldindia.com/environment/wildlife-population-declined-by-68-since-1970-wwf, https://www.traffic.org/site/assets/files/6284/handbook-wildlife-law-enforcement-india.pdf, http://awbi.in/awbi-pdf/caged_birds_order_gj_hc.pdf, http://awbi.in/awbi-pdf/caged_birds_order_delhi_hc_15052015.pdf, https://www.hindustantimes.com/india-news/in-process-of-amending-wildlife-act-centre/story-mnFQlGvSh8dZnl8B70Vh6L.html, https://indiankanoon.org/doc/136108/?type=print, https://zeenews.india.com/india/blackbuck-poaching-case-salman-khan-exempted-from-court-appearance-after-counsel-cites-covid-risk-2328051.html, https://www.legitquest.com/case/state-of-rajasthan-v-salman-khan-others/EA534, https://www.fws.gov/le/pdf/CITESTreaty.pdf, https://www.cms.int/sites/default/files/instrument/CMS-text.en_.PDF, http://portal.unesco.org/en/ev.php-URL_ID=15398&URL_DO=DO_TOPIC&URL_SECTION=201.html, Explain the Cyber Defamation and Online Defamation in India. Along with the rules,[16] it provides for the major steps to maintain the ‘environmental and ecological security of the country’. Hence, picking and destroying certain plants are also prohibited in the Act, with certain exception to scheduled tribes for personal use. The law tries to bring a balance in such situations. Section 9 prohibits the hunting of any wild animal belonging to Schedule I to IV except in certain circumstance which necessitates it. Chapter IVA (Sections 38A to 38J) provides for the establishment and maintenance zoos. Content Guidelines 2. WILDLIFE PROTECTION ACT 1972 1. This article has been written by Alvin Antony, Advocate at High Court of Kerala. It extends to whole of India, except Jammu and Kashmir. Payment of rewards to persons helping in apprehension of offenders. An expert committee, constituted by the Indian Board of Wildlife considers amendments to the Act, as and when necessary. It provides for protection of wild animals, birds and plants ; and for matters connected therewith or ancillary or incidental thereto. THE WILDLIFE (PROTECTION) ACT, 1972 (No. Interested to publish an article at Law Corner? The matter will be heard in Jodhpur District Court on 16th of January 2021 on Appeal against conviction of Mr. Salman Khan. 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. The infamous blackbuck poaching controversy associated with Bollywood super celebrity Salman Khan is still in minds of people of India. Some of the important Acts passed by the Government of India are discussed here. Broadly speaking the amendment provides the follows: 1. 3. Schedule II animals are only permitted to hunted down if they become threat to humans and trade on part II animals of it is prohibited. 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. It has to be noted that teasing or disturbing animals in zoos is prohibited under that Act. Among other reforms, the Act established schedules of protected plant and animal species; hunting or harvesting these species was largely outlawed. Greater say to individuals or NGOs in matter concerning wildlife protection. NO.2051/2015 Available at: http://awbi.in/awbi-pdf/caged_birds_order_delhi_hc_15052015.pdf, [16] Major rules under the Wildlife (Protection) Act, 1972 are: The Wildlife (Stock Declaration) Central Rules, 1973, Wildlife (Transactions and Taxidermy) Rules, 1973, Wildlife (Protection) Licensing (Additional Matters for Consideration) Rules, 1983, The Wildlife (Protection) Rules, 1995, Wildlife (Specified Plants – Conditions for Possession by Licensee) Rules, 1995, The Recognition of Zoo Rules, 2009 and Guidelines for Appointment of HWLWs. The Act was necessitated as some wild animals and birds had become already extinct while some others were on the verge of extinction. Written by Dr. Yashpal Singh | 0. NGOs like WWF-India and Traffic-India will make available technical and legal guidance when needed. An Amendment bill was introduced in the Rajya Sabha in 2013 and referred to a Standing Committee, but it was withdrawn in 2015. 7. Included all the chapters. 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. 5. OUR ENVIRONMENTAL SCIENCE PROFESSOR 2. [5] As a major step, covering most of the territory of erstwhile British India, the Wild Birds and Animals (Protection) Act[6] was enacted 1912, from which the current Wildlife (Protection) Act, 1972 has taken the shape. This Act provides for the protection of the country’s wild animals, birds and plant species, in order to ensure environmental and ecological security. In matter of Baburao vs. State of Maharashtra and Others[48] the Bombay High Court has observed that, the wild animals are the property of the government and hence, government has to provide compensation for the destruction caused by them to agricultural crops. The Convention on Migratory Species[54] provides for conservation and sustainable use of migratory animals and their habitat. ADVERTISEMENTS: Summary of the Wildlife Protection Act, 1972 of India! Wildlife Protection Act, 1972 This act is aimed to protect and preserve wildlife. What are constitutional provision for environmental protection? Now the State Governments are not empowered to declare any wild animal a vermin. The rationale for passing Act as stated in its Statement of Objects and Reasons are as follows: 2. Short title, extent, and commencement, - (1) This Act may be called the Wildlife (Protection) Act, 1972. Greater powers to enforcement authority. The Act was last amended in the year 2006. India is the first country in the world to have made provisions for the protection and conservation of environment in its constitution. Apart from such officers, it also provides for National and State Boards for effective execution of provisions of the act. 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 has been accepted and adopted by all the states. Image Source: wildlifeworld.com/wp-content/uploads/2015/01/Header2-2000×850.jpg. 2020. Before 1972, India only had five designated national parks . [4] Along with that there were certain other regulations that protected specific animals and marine life in selected territories. Many people are under the impression that India does not have strong wildlife conservation laws. Its primary aim is to curb the illegal trade in wildlife and the derivative parts. section 15; Crown land. 9. Among other things, the Act lays down restrictions on hunting many animal species. means— (a) unalienated land of the Crown; or Wildlife traditionally refers to non-domesticated animal species, but has come to include all plants, fungi, and other organisms that grow or live wild in an area … This was the first umbrella act which established schedules of protected plant an. Wild Life (Protection) Act of 1972 and Amendment, 1982. 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.”. Chapter 1. Hence, an attempt is made here to provide a holistic overview of The Wild Life (Protection) Act 1972, along with certain important case laws. A brief look into the chapters in the Act reveals that the main objectives of the Act are prevention of hunting of wildlife, protect certain plants, establishment of zoos and protected area, restriction on the trade of wildlife, punishments for acts against wildlife and appointment of authorities for the execution of the provisions of Wildlife (Protection) Act 1972. THE WILDLIFE (PROTECTION) ACT, 1972 (No. There exists a fundamental duty on every citizen to be compassionate to all species that exists on earth. Wildlife Protection Act 1972 is first umbrella act which established schedules of protected plants and animal species of India. Copyright © 2015 PublishYourArticles.Net, All rights reserved. PRESENTATION 3. ***** Disclaimer: By using this app, you agree to the following terms. 1. Victimization Of Victim Under Criminal Justice System, Speech & Expression & Defamation: with reference to the Indian Constitution. 53 of 1972 - 9 th September, 1972, as modified in 1991 ) An Act to provide for the protection of [Wild animals, birds and plants] and for matters connected therewith or ancillary or incidental thereto. It extends to the whole of India. The term ‘other offence’ in Section 141 of CrPC will include offences committed under Wildlife (Protection) Act, 1972. Cognizance can be taken [45]and bail will be allowed only after fulfilment of certain conditions. Even though there exist many other treaties, the above mentioned are considered one’s that plays the crucial role in protection and conservation of wild life. The act was passed by the parliament on 21st August 1972 and enacted on 9th September 1972. [39] However, the Chief Wildlife Warden can issue certificates in specific cases for the  possession of them. The schedule VI has been added to include the specified plant species to be protected by the Wildlife (Protection) Amendment Act of 1991. I hope it will help you guys . 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. ***** Note: We hereby informing you that it is ideal first to watch videos with the legal eye so as to enhance your legal understanding of the Dynamics of written content loaded in this App. Over the world as world environment Day animals that can be considered as Government property traced from Madras. And commerce related to such wildlife protection act, 1972 notes and marine Life in selected Territories plants which are threatened with.! For environmental Protection there are six schedules which give varying degrees of Protection and of... 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