Discuss the provisions regarding environment under the Wild Life (Protection) Act, 1972.
Wildlife is the ornament of the forest. It is our priceless heritage. They play an important role in environmental protection. Forests are an invaluable fund of the environment and are the basis of wildlife conservation. This is the reason why protection of wildlife has been described as a Fundamental Duty under Article 51A(g) of the Constitution of India.
It states: - "To protect and improve the natural environment including forests, lakes, rivers and wildlife, and to have compassion for living creatures."
It is clear that wildlife is part of the natural environment and it is our basic duty to protect and promote it.
For this purpose, the Wildlife (Protection) Act was passed in 1972. Many provisions have been made in this Act for the protection of wildlife.
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What is Wildlife?
As per Section 2(37) of the Wild Life (Protection) Act, 1972, “wildlife” includes any animal, aquatic or land vegetation which forms part of any habitat.
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What is Wild Animal?
As per Section 2(36) of Wild Life (Protection) Act, 1972, “wild animal” means any animal specified in Schedules I to IV and found wild in nature.
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What is Animal ?
As per Section 2(1) of Wild Life (Protection) Act, 1972, “animal” includes amphibians, birds, mammals and reptiles and their young, and in the case of birds and reptiles, their eggs.
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What is Habitat?
As per Section 2(15) of Wild Life (Protection) Act, 1972. “habitat” includes land, water or vegetation which is the natural home of any wild animal. The word 'animal' refers to the creatures living in water and land.
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Provisions Made in the Wild Life (Protection) Act, 1972 for the Protection of Wildlife -
(1) Prohibition of Hunting – Section 9
Hunting of wild animals specified in Schedules I, II, III and IV has been prohibited. No person shall hunt any wild animal except as provided under Sections 11 and 12.
In Wild Life Protection Society v. State of Andhra Pradesh (AIR 2002 AP 221), it was held that killing wildlife and cutting off its parts is a serious crime.
(2) Protection of Specified Plants – Section 17A
The following are prohibited:
• To destroy
• To store
• To collect specified plants
(3) Declaration of Sanctuary – Section 18
The State Government has the power to declare any area as a sanctuary for protection of wildlife after giving opportunity of hearing to concerned persons.
In Tahir Ali v. State of Madhya Pradesh (AIR 2002 NOC 82 MP), this power was upheld.
(4) Recognition of Zoo – Section 38H
No person shall operate any zoo without permission or recognition of the Central Animal Tribunal.
(5) Tiger Conservation
For the protection of tigers, provisions have been made in Chapters 4B and 4C of the act regarding establishment of 'National Tiger Conservation Tribunal' and its powers and functions.
(6) Wildlife as Property of Government – Section 39
The following are considered property of Government:
• Wild animals
• Animal articles
• Trophies
In N. Achutan v. Desh Abhimani Printing and Publishing House (AIR 1986 Kerala 41), it was held that a dead elephant and its tusks are government property.
(7) Prohibition of Trade and Commerce – Chapter 5A
Trade and commerce of animal goods and trophies have been prohibited.
In Ivory Traders and Manufacturers Association v. Union of India (AIR 1997 Delhi 267), the ban on ivory trade was upheld as constitutional.
In Cottage Industries Exposition v. Union of India (2008 NOC 108 Delhi), animal hair was included within animal articles.
(8) Offences and Penalties – Chapters 6 and 6A
Provisions are made regarding:
• Crime prevention
• Search
• Penalty
• Forfeiture of property derived from poaching and trade
Thus, the Wildlife (Protection) Act, 1972 is an important legislation in the direction of environmental protection.
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Importance of Wildlife (Protection) Act
The Wildlife (Protection) Act, 1972 is one of the most significant environmental legislations in India. It not only protects animals but also safeguards biodiversity and ecological balance.
Its importance lies in:
• Controlling illegal wildlife trade
• Preventing extinction of endangered species
• Creating protected areas like sanctuaries and national parks
• Imposing strict punishment for poaching
• Recognizing wildlife as public property
Indian judiciary has consistently interpreted the Act strictly to promote environmental protection over commercial interests.
Wildlife conservation directly supports sustainable development and ecological stability. Without protecting wildlife, environmental protection cannot be achieved.fe (Protection) Act, 1972.
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Conclusion
The Wildlife (Protection) Act, 1972 is a comprehensive environmental legislation aimed at preserving wildlife and maintaining ecological balance in India. It not only prohibits hunting and trade but also creates a strong legal framework for conservation of forests, animals and biodiversity.
Wildlife protection is not merely a statutory obligation but a constitutional duty of every citizen.
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MCQs (Wildlife Protection Act, 1972)
1. The Wildlife (Protection) Act was enacted in:
A. 1968
B. 1970
C. 1972
D. 1976
Answer: C
2. Wildlife protection is a Fundamental Duty under:
A. Article 19
B. Article 21
C. Article 48A
D. Article 51A(g)
Answer: D
3. Hunting of wild animals is prohibited under which section?
A. Section 5
B. Section 9
C. Section 11
D. Section 17
Answer: B
4. “Wild animal” is defined under:
A. Section 2(1)
B. Section 2(15)
C. Section 2(36)
D. Section 2(37)
Answer: C
5. Sanctuary declaration power is given under:
A. Section 12
B. Section 18
C. Section 21
D. Section 39
Answer: B
6. Trade and commerce in animal articles is prohibited under:
A. Chapter III
B. Chapter IV
C. Chapter VA
D. Chapter VI
Answer: C
7. Wildlife is treated as property of Government under:
A. Section 17
B. Section 21
C. Section 39
D. Section 44
Answer: C
8. Protection of specified plants is under:
A. Section 9
B. Section 17A
C. Section 24
D. Section 38
Answer: B
9. Ivory trade ban was upheld in:
A. N. Achutan Case
B. Tahir Ali Case
C. Ivory Traders Case
D. Wildlife Society Case
Answer: C
10. Offences and penalties are provided under:
A. Chapter II
B. Chapter V
C. Chapter VI
D. Chapter VII
Answer: C
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❓ Important FAQs on Wildlife (Protection) Act, 1972
1. What is the objective of the Wildlife (Protection) Act, 1972?
- To protect wild animals, birds, plants and ensure ecological balance in India.
2. What is meant by “wildlife” under the Act?
- As per Section 2(37), wildlife includes animals and vegetation forming part of habitat.
3. What is the punishment for hunting under the Act?
- Imprisonment and fine as prescribed under Chapter VI, depending on the Schedule.
4. Who can declare a wildlife sanctuary?
- The State Government under Section 18.
5. Is trade in ivory legal in India?
- No. It is banned and upheld constitutional by Delhi High Court.
6. Are zoos regulated under the Act?
- Yes. No zoo can operate without recognition under Section 38H.
7. Is wildlife considered government property?
- Yes. Under Section 39.
8. Does the Act protect plants also?
- Yes. Specified plants are protected under Section 17A.
9. How does the Act support tiger conservation?
- Special provisions under Chapter IVB and IVC provide institutional mechanism for tiger protection.
10. Why is the Wildlife Protection Act important for environmental protection?
- Because wildlife conservation ensures ecological balance and biodiversity preservation.
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