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WILDLIFE PROTECTION
QUESTION BANK
Q.1. Write a detailed note on Wildlife (Protection) Act.
Q.2. What are the offences against wildlife?
Q.3. Write a note on âSanctuaries and national parksâ.
Q.4. How wild lives are protected under Wildlife (Protection) Act?
Q.5. What are the authorities appointed under the Wildlife (Protection) Act for the
protection of wildlife? Also, state their powers and duties to protect the same.
Q. 6. Describe the provisions of âhunting of wild animalsâ, under Wildlife Act 1942.
Q.7. State the provision dealing with the trade/ commerce in wild animals, animal
articles and trophies.
SHORT NOTES
1. Licensing of zoos and parks.
2. Hunting of wild animals.
3. Functions of Central Zoo Authority.
4. Recognition of zoos.
5. Declaration of the national park.
6. Restriction on entry into the sanctuary.
7. Sanctuary.
SYNOPSIS
The Wild Life (Protection) Act, 1972: A Comprehensive Legal Overview
I. Authorities Constituted Under the Act (Sections 3 to 8)-
1. Appointment of Director and Other Officers (Section 3)-
i. Appointing Authority:
ii. Subordination:
2. Appointment of Chief Wild Life Warden and Other Officers (Section 4)-
3. Constitution of the National Board for Wildlife (Section 5A)
i. Composition:
ii. Standing Committee (Section 5B):
iii. Functions of the National Board (Section 5C):
4. Constitution of the State Board for Wildlife (Section 6)
i. Composition:
ii. Duties of the State Board for Wildlife (Section 8):
II. Hunting of Wild Life (Sections 9 to 12)
1. Statutory Exceptions (Sections 11 and 12)
i. Dangerous, Diseased, or Disabled Animals (Section 11):
ii. Grant of Permit for Special Purposes (Section 12):
III. Protected Areas (Sections 18 to 38)-
A. Sanctuaries
1. Declaration of Sanctuary (Section 18)
2. Appointment and Duties of the Collector (Sections 18B to 26A)
i. Appointment:
ii. Proclamation:
iii. Alternative Arrangements:
iv. Final Notification (Section 26A):
3. Protection and Prohibitions inside Sanctuaries (Sections 27 to 34A)
i. Restriction on Entry (Section 27):
ii. Grant of Entry Permits (Section 28):
iii. Prohibition of Destruction (Section 29):
iv. Statutory Bans (Sections 30â32):
v. Immunization of Livestock (Section 33A):
vi. Removal of Encroachments (Section 34A):
B. National Parks (Section 35)
1. Declaration:
2. Boundary Alteration:
3. Strict Prohibitions:
C. Declaration by Central Government (Section 38)
D. Conservation Reserves and Community Reserves (Sections 36A to 36D)
1. Conservation Reserve (Section 36A):
2. Community Reserve (Section 36C):
IV. Establishment and Regulation of Zoos (Sections 38A to 38J)
1. The Central Zoo Authority (CZA)
i. Constitution (Section 38A):
ii. Functions (Section 38C):
2. General Prohibitions
i. Recognition (Section 38H):
ii. Acquisition of Animals (Section 38I):
iii. Prohibition of Teasing (Section 38J):
V. Trade or Commerce in Wild Animals, Animal Articles, and Trophies (Sections 39 to 49C)
1. Wild Animals as Government Property (Section 39)
2. Absolute Prohibitions on Scheduled Animals (Section 49B)
3. Key Concepts & Regulatory Provisions
i. Definition of "Trophy" [Section 2(31)]:
ii. Regulation of Transfer (Section 43):
iii. Dealings under License (Section 44):
VI. Key Regulatory Overhauls (2022 Amendment)
1. Rationalization of Schedules:
2. Elimination of the "Vermin" Schedule:
3. Management of Live Elephants:
4. Escalation of Penalties (Section 51):
The Wild Life (Protection) Act, 1972: A Comprehensive Legal Overview
Wildlife is an intricate component of the ecosystem and stands as one of the fundamental natural resources of mankind. Consequently, the protection and conservation of wildlife are of paramount importance. India possesses a rich heritage of diverse faunal and floral species. However, despite their ecological significance, numerous species have become extinct, and several others are critically endangered or on the verge of extinction. Wildlife populations are rapidly declining due to unchecked industrialization, deforestation, habitat fragmentation, and illegal poaching.
To address these critical concerns and establish a robust legal framework for protecting wildlife, the Indian Parliament enacted the Wild Life (Protection) Act, 1972 (hereinafter referred to as 'the Act').
The important statutory provisions of the Act, updated in accordance with recent legislative developments, are analyzed below.
I. Authorities Constituted Under the Act (Sections 3 to 8)-
The Act provides a multi-tiered administrative structure at both Central and State levels to execute its conservation objectives.
1. Appointment of Director and Other Officers (Section 3)-
i. Appointing Authority: The Central Government appoints the Director of Wild Life Preservation along with necessary officers and employees.
ii. Subordination: In exercising powers and performing duties under the Act, the Director is subject to general or special directions issued from time to time by the Central Government.
2. Appointment of Chief Wild Life Warden and Other Officers (Section 4)-
Because wildlife protection falls under Entry 17B of the Concurrent List (List III) of the Seventh Schedule to the Constitution of India[^2], both the Central and State Legislatures possess competent jurisdiction. Accordingly, Section 4 empowers State Governments to appoint:
(a) The Chief Wild Life Warden;
(b) Wild Life Wardens;
(c) Honorary Wild Life Wardens; and
(d) Such other officers and employees as may be deemed necessary.
The Chief Wild Life Warden acts as the statutory operational head at the state level and is subject to the general or special directions of the State Government.
3. Constitution of the National Board for Wildlife (Section 5A)
The National Board for Wildlife (NBWL) serves as the apex policy-making body for wildlife conservation in India.
i. Composition:
It is chaired by the Prime Minister of India. The Minister-in-charge of Forests and Wildlife serves as the Vice-Chairperson. The board comprises 45 members, including Members of Parliament, NGO representatives, eminent conservationists, and institutional heads.
ii. Standing Committee (Section 5B):
The NBWL may constitute a Standing Committee chaired by the Union Minister-in-charge of Forests and Wildlife. This committee exercises powers and performs duties delegated to it by the National Board. Notably, any alteration or reduction of a Sanctuary or National Park boundary requires the prior recommendation of this Standing Committee.
iii. Functions of the National Board (Section 5C):
(1) Framing national policies and guidelines for promoting wildlife conservation and steps to expand protected areas.
(2) Advising Central and State Governments on controlling poaching, illegal trade in wildlife, and its derivatives.
(3) Making recommendations regarding the declaration and management of National Parks, Sanctuaries, and other Protected Areas.
(4) Impact assessment of human activities on wildlife and suggesting mitigation strategies.
(5) Preparing and publishing a biennial status report on wildlife in India.
4. Constitution of the State Board for Wildlife (Section 6)
Every State and Union Territory must constitute a State Board for Wildlife (SBWL) to advise the local administration.
i. Composition:
The Chief Minister of the State (or the Administrator/Chief Minister in the case of a Union Territory) acts as the Chairperson. The Minister-in-charge of Forests and Wildlife serves as the Vice-Chairperson. The board includes 29 other members, including Forest Department officials, members of the State Legislative Assembly, and ecological experts.
ii. Duties of the State Board for Wildlife (Section 8):
(1) Advising the State Government on selecting and managing areas to be declared as Protected Areas.
(2) Formulating policies for the protection and conservation of wildlife and specified plants.
(3) Advising on any matter relating to the amendment of the statutory Schedules.
(4) Formulating measures to harmonize the traditional needs of tribal and other forest-dwelling communities with the overarching goals of wildlife conservation.
II. Hunting of Wild Life (Sections 9 to 12).
Section 9 mandates an absolute prohibition on the hunting of any wild animal specified in Schedules I, II, and IV. Following recent legislative amendments, the statutory classification has been overhauled to streamline protection profiles.
1. Statutory Exceptions (Sections 11 and 12)
Hunting is permitted only under highly restricted, exceptional circumstances:
i. Dangerous, Diseased, or Disabled Animals (Section 11):
If the Chief Wild Life Warden is satisfied that any wild animal specified in Schedule I has become dangerous to human life or is disabled or diseased beyond recovery, they may, by an order in writing stating the reasons, permit a person to hunt or cause such animal to be hunted.
For animals specified in Schedule II, similar permission can be granted if the animal becomes dangerous to human life or to property (including standing crops).
Defense of Oneself or Others:
The killing or wounding of any wild animal in good faith in self-defense or in the defense of any other person does not constitute an offense. However, the carcass of such an animal remains Government property and must not be appropriated.
ii. Grant of Permit for Special Purposes (Section 12):
The Chief Wild Life Warden may grant a written permit, upon payment of a prescribed fee, to hunt or collect specimens for special purposes, namely:
(a) Education;
(b) Scientific Research; and
(c) Scientific Management (which includes translocation to alternative habitats or population management without population elimination).
III. Protected Areas (Sections 18 to 38)-
A "Protected Area" is defined under Section 2(24A) as a National Park, a Sanctuary, a Conservation Reserve, or a Community Reserve notified under the provisions of the Act.
A. Sanctuaries
1. Declaration of Sanctuary (Section 18)
The State Government may, by notification, declare any area of ecological, faunal, floral, geomorphological, natural, or zoological significance as a sanctuary for protecting, propagating, or developing wildlife and its environment.
Judicial Precedent: In Tarun Bharat Sangh v. Union of India (the Sariska Tiger Reserve case), the State Government of Rajasthan had illegally permitted extensive mining operations within the designated tiger reserve area. The Supreme Court issued a writ of mandamus, directing the immediate cessation of all mining operations of whatever nature inside the protected environment, affirming that ecological preservation overrides commercial leases.
2. Appointment and Duties of the Collector (Sections 18B to 26A)
i. Appointment: Within 30 days of issuing the preliminary declaration notification, the State Government must appoint a Collector to inquire into and determine the existence, nature, and extent of any person's rights over the land within the sanctuary limits (Sections 18B and 19).
ii. Proclamation: The Collector must issue a public proclamation in regional languages across neighboring towns and villages within 60 days, detailing the proposed acquisition boundaries (Section 21).
iii. Alternative Arrangements: Crucially, during the pendency of the settlement proceedings, the State Government must make alternative arrangements for fuel, fodder, and timber for the affected local or tribal dwellers (Section 18A).
iv. Final Notification (Section 26A): Once all claims are settled, acquired, or excluded, the State Government issues a final notification specifying the definitive boundaries and declaring the area a sanctuary from a designated date.
3. Protection and Prohibitions inside Sanctuaries (Sections 27 to 34A)
i. Restriction on Entry (Section 27): Public entry is restricted. Exceptions apply to public servants on duty, individuals holding acquired legal rights over immovable properties inside, and commuters traversing public highways. No person is permitted to tease, molest, or litter inside.
ii. Grant of Entry Permits (Section 28): The Chief Wild Life Warden may grant entry permits for specific purposes: (i) Study of wildlife, (ii) Research, (iii) Photography, (iv) Tourism, and (v) Transaction of lawful business.
iii. Prohibition of Destruction (Section 29): No person can destroy, exploit, or remove any wildlife or forest produce from a sanctuary, nor divert or stop the flow of water, except under a specific permit granted by the Chief Wild Life Warden on the explicit condition that it benefits the wildlife.
iv. Statutory Bans (Sections 30â32): Setting forest fires (Sec. 30), entering with unauthorized weapons (Sec. 31), and using chemicals, explosives, or toxic substances (Sec. 32) are strictly prohibited.
v. Immunization of Livestock (Section 33A): Any person keeping livestock within a 5-kilometer radius of a sanctuary must ensure mandatory immunization against communicable diseases to avoid cross-infection into wild populations.
vi. Removal of Encroachments (Section 34A): Any officer not below the rank of an Assistant Conservator of Forests is empowered to summarily evict and demolish unauthorized structures erected on Government land inside a Sanctuary or National Park.
B. National Parks (Section 35)
1. Declaration: Declared by the State Government under Section 35 when an area requires a higher baseline of ecological security.
2. Boundary Alteration: No boundary alteration of a National Park can be executed by a State Government except upon the express recommendation of the National Board for Wildlife.
3. Strict Prohibitions: Unlike Sanctuaries, where limited rights may be allowed by the Collector, no private rights can be recognized inside a National Park. Furthermore, no grazing of livestock is permitted under any circumstances within a National Park. All protective provisions applicable to sanctuaries apply mutatis mutandis to National Parks, but with absolute exclusion of human exploitation.
C. Declaration by Central Government (Section 38)
Where a State Government leases or transfers lands under its control to the Central Government, the Central Government may notify such areas as a National Park or Sanctuary. In such instances, the administrative powers of the Chief Wild Life Warden stand vested in the Director of Wild Life Preservation.
D. Conservation Reserves and Community Reserves (Sections 36A to 36D)
1. Conservation Reserve (Section 36A): The State Government, after consulting local communities, may declare areas adjacent to National Parks or Sanctuaries (owned by the Government) as a Conservation Reserve to protect landscape, seascape, and habitat corridors. Its management is advised by a dedicated Conservation Reserve Management Committee.
2. Community Reserve (Section 36C): Where an individual or a community volunteers to conserve wildlife, the State Government may declare any private or community land as a Community Reserve to preserve traditional, cultural, and ecological values.
IV. Establishment and Regulation of Zoos (Sections 38A to 38J)
Under Section 2(39), a "Zoo" means an establishmentâwhether stationary or mobileâwhere captive animals are kept for public exhibition, including circuses and rescue centers, but excluding licensed animal dealers.
1. The Central Zoo Authority (CZA)
i. Constitution (Section 38A): The Central Government constitutes the CZA to oversee captive animal welfare, comprising a Chairperson, a maximum of ten members, and a Member-Secretary.
ii. Functions (Section 38C): The CZA is tasked with laying down minimum standards for housing, upkeep, and veterinary care; evaluating zoo functions; granting or withdrawing statutory recognition; and coordinating captive breeding programs for endangered species.
2. General Prohibitions
i. Recognition (Section 38H): No zoo can operate or be established without the prior, explicit approval and recognition of the CZA.
ii. Acquisition of Animals (Section 38I): No zoo can acquire, sell, or transfer any wild or captive animal specified in Schedules I and II without prior permission from the CZA.
iii. Prohibition of Teasing (Section 38J): Teasing, molesting, injuring, feeding, or disturbing zoo animals, as well as littering zoo grounds, is a penal offense.
V. Trade or Commerce in Wild Animals, Animal Articles, and Trophies (Sections 39 to 49C)-
The Act strictly regulates and heavily penalizes unauthorized trade in wildlife and its derivatives to combat international poaching networks.
1. Wild Animals as Government Property (Section 39)
Every wild animal (other than vermin), uncured trophy, animal article, or meat derived from scheduled wild animals, along with any vehicle, vessel, weapon, or trap used in committing an offense under the Act, is deemed to be the absolute property of the Government (State or Central, depending on the jurisdiction of seizure).
2. Absolute Prohibitions on Scheduled Animals (Section 49B)
No person can commence or carry on business as a manufacturer or dealer in animal articles, a taxidermist, an importer of ivory, or a dealer in meat derived from Scheduled Animals (Schedule I and Part II of Schedule II). Cooking or serving meat derived from a scheduled wild animal in any eating house or commercial facility is completely prohibited.
3. Key Concepts & Regulatory Provisions
i. Definition of "Trophy" [Section 2(31)]: The whole or any part of a captive or wild animal preserved by natural or artificial means, including rugs, skins, specimens mounted via taxidermy, antlers, bones, shells, claws, teeth, and tusks.
ii. Regulation of Transfer (Section 43): Transferring ownership of any captive animal or animal article by way of sale, offer for sale, or any commercial consideration is prohibited. Any transfer via inheritance or non-commercial gift must be registered with the Chief Wild Life Warden within the prescribed statutory timeline.
iii. Dealings under License (Section 44): No individual can deal in non-scheduled captive animals, trophies, or snake venom without an explicit license granted by the Chief Wild Life Warden or an authorized officer. Licenses are subject to immediate suspension or cancellation under Section 45 in cases of contravention.
VI. Key Regulatory Overhauls (2022 Amendment)
To maintain comprehensive and updated knowledge of the Act, the changes introduced by the Wild Life (Protection) Amendment Act, 2022, must be noted:
1. Rationalization of Schedules: The previous six schedules have been condensed into four:
i. Schedule I: Wild animals enjoying the highest level of absolute statutory protection.
ii. Schedule II: Wild animals subject to a baseline level of protection.
iii. Schedule III: Specified plants protected from unauthorized uprooting or possession.
iv. Schedule IV: Specimens listed under the Appendices of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).
2. Elimination of the "Vermin" Schedule: The dedicated Schedule V (Vermin) was entirely repealed. The Central Government retains the power to notify specific species as vermin for a limited period via official gazette notification.
3. Management of Live Elephants: An exception was carved into Section 43 allowing the transfer or transport of a live elephant for religious or other purposes by a person possessing a valid certificate of ownership, subject to conditions prescribed by the Central Government.
4. Escalation of Penalties (Section 51): General penalties for contravention have been increased from â¹25,000 to â¹1,00,000. For offenses involving Schedule I animals, the minimum fine has been raised from â¹10,000 to â¹25,000, alongside stringent imprisonment terms ranging from three to seven years.
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