wildlife protection act, 1972 notes

[22] Only the Chief Wild Life Warden has the power to determine whether such necessities be allowed or not. The Act is divided into VII Chapters with 66 sections. act,1972 & Its importance. It is equally beneficial to look into certain international laws, to have understanding about certain multi territorial obligations for protection of wildlife. Wildlife Protection Act, 1972 (with Amendment Acts of 2003 and 2006): The act provides for the protection of wild animals, birds and plants and matters connected with them, with a view to ensure the ecological and environmental security of India. Wild life was considered to be an integral part of the cultural inheritance of India. Any change in the wildlife population can have an adverse impact on the ecology of the country as well as the globe. (B) A Director of Wild Life Preservation (subordinate to the […] The Wildlife (protection) Act, with timely amendments, facilitates the protection of wild life in India. CHAPTER I - Preliminary 1 . The sustainable development that everyone is dreaming of cannot be obtained merely by guidance and restrictions provided to human actions. Wildlife Protection Act, 1972 This act is aimed to protect and preserve wildlife. They also determine the areas in which protection has to be provided as well as the level of it. 2. 1. [26] No one without proper license can even cultivate these plants. If you continue browsing the site, you agree to the use of cookies on this website. 2. 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. Further, such laws mainly relate to control of hunting and do not emphasize the other factors which are also the prime reasons for the decline of India’s wildlife namely taxidermy and trade in wildlife and products there from. Many people are under the impression that India does not have strong wildlife conservation laws. [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. As everyone knows,wild animals collectively and the native fauna (and sometimes flora) of a region is called wildlife. Legislation amended by principal Act. The passing of the Wildlife Act of 1972 constitutes an important landmark in the history of wildlife legislation in the country. Constitutional Provisions. The Wildlife (Protection) Act, 1972 is the prime law in India, that provides protection to the wildlife species. 2(16) of Wildlife Protection Act, 1972 defines the word hunting. See also C. Rathinavel vs The State Of Tamil Nadu W.P. WILD LIFE PROTECTION ACT An Act to make provision for the protectidn of wild life and io of 1978 for the establishment of wild fife sanctiuaries Cbrnmencernent: .lst August 1981 s.1301sr PART I PRELIMINARY l. This Act may be cited as the Wild Life Protection Short title Act. See Agarwal, N., 2020. Victimization Of Victim Under Criminal Justice System, Speech & Expression & Defamation: with reference to the Indian Constitution. Schedule V deals with Vermin animals and Schedule VI with plants, on which trade and possession are restricted. The Wildlife (Protection) Act 1972 ¾Amended by Amendment Act 16 of 2003 ¾The Wildlife (Protection) Amendment Bill 2002 proposes… zTo provide that captive animals and wild animals included in Schedule I and part II of Schedule II of the Wildlife Act and their parts and products can be acquired only by way of inheritance. Thus our constitution includes environmental protection and conservation as one of our fundamental duties. [online] Available at: https://www.iucn.org/asia/countries/india  [Accessed 9 January 2021]. 4. 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]. Having regard to the importance of the matter, the Act has been adopted by all the States except that of Jammu and Kashmir which has a similar law enacted for the purpose of wildlife protection. [4] Along with that there were certain other regulations that protected specific animals and marine life in selected territories. [43] Violation of provisions of this act will attract a punishment up to seven years imprisonment and rupees twenty five thousand fine. 5. 8. However, certain trade and transportation of species is between countries for the academic developments as well as to find the best mode of preservation. Wildlife refers to all animals and plants that are not domesticated. Should CJI be sitting in the bench to hear case against him? Greater say to individuals or NGOs in matter concerning wildlife protection. Currently only Common crow, Fruit Bats, Mice and Rats come under this. In State of Rajasthan vs. Salman Khan and Others[49] Court observed that even a specific damage done to wildlife will qualify as loss to ecology. The law tries to bring a balance in such situations. The Wildlife Protection Act, 1972 is an Act of the Parliament of India enacted for protection of plants and animal species. 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. This Act provides for the protection of the country’s wild animals, birds and plant species, in order to ensure environmental and ecological security. NGOs like WWF-India and Traffic-India will make available technical and legal guidance when needed. The Wildlife (Protection) Act of 1972 provides the basic framework to ensure the protection and management of wildlife. Wildlife Population Declined By 68% Since 1970: WWF. The schedule VI has been added to include the specified plant species to be protected by the Wildlife (Protection) Amendment Act of 1991. Wildlife (Protection) Act, 1972 has been accepted and adopted by all the states. The Act also contains VI Schedules that categorises wildlife to determine the kind of protection needed to be provided. [42], For the prevention of offences, Chief Wildlife Warden, authorised officer, any forest officer and police officer is given power to enter, search, arrest or detain any person who has committed or likely to commit it. Native Plants Protection Act 1936. To protect many animal and plant species, the Parliament of India enacted the Wildlife (Protection) Act in the year 1972. The habitat destruction due to agriculture, industries, urbanisation and other human activities had led to the erosion of the country’s wildlife. Wildlife (protection)act,1972-environmental studies Slideshare uses cookies to improve functionality and performance, and to provide you with relevant advertising. [8] IUCN. 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. 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 . Short title, extent, and commencement. 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. Copyright © 2015 PublishYourArticles.Net, All rights reserved. [28], The Wildlife (Protection) Act, 1972 also provides for creation and maintenance of specific areas for the protection and propagation wildlife and environment. Some wild animals and birds have already become extinct in this country and the other in danger of being so. India has a rich wildlife heritage. 2 [***] CHAPTER 1 Preliminary 1. 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. [2] The Economic Times. The jurisdiction of forests and wildlife came under the State governments, and each state government had a different policy in dealing with this subject. 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. [12] The State also has the duty to protect environment and wild life.[13]. [38] All such animals and parts of them are government property. The term ‘other offence’ in Section 141 of CrPC will include offences committed under Wildlife (Protection) Act, 1972. Illustration As per this Section, the Central Government has the power […] 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. 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. ***** Disclaimer: By using this app, you agree to the following terms. In process of amending wildlife act: Centre. Further, the then existing state legislations were felt inadequate in order to protect the wildlife of the country. [27] Exceptions are also provided for scientific study and preservation. Schedule III and IV include animals, not in danger of becoming extinct but hunting them invokes penalties. The Wildlife (Protection) Act 1972 (with Amendment Acts of 2003 and 2006) This is an Act which provides for the protection of wild animals, birds and plants and matters connected with them, with a view to ensure the ecological and environmental security of India. n.d. India. THE WILDLIFE (PROTECTION) ACT (No. Included all the chapters. On 5th June 1972: UN Conference on Human Environment in Stockholm. Among other reforms, the Act established schedules of protected plant and animal species; hunting or harvesting these species was largely outlawed. Among other reforms, the Act established schedules of protected plant and animal species; hunting or harvesting these species was largely outlawed. The Wildlife (Protection) Act was passed in 1972, followed by the Water (Prevention and Control of Pollution) Act 1974, the Forest (Conservation) Act, 1980, Air (Prevention and Control of Pollution) Act, 1981 and subsequently the Environment (Protection) Act, 1986. Authorities to be appointed or constituted under this Act, Chapter 3. 2 [***] CHAPTER 1 Preliminary 1. The National Parks and Wildlife Act 1972 amended the following: The Lands for Public Purposes Acquisition Act 1914. The Supreme Court of India has accepted the existence of certain fundamental rights for animals too, including right to life. Wildlife Protection Act 1972. PublishYourArticles.net is home of thousands of articles published by users like YOU. On 5th June 1972, environment was first discussed as an item of international agenda in the U.N. Conference of Human Environment in Stockholm and thereafter 5th June is celebrated all over the world as World Environment Day. Check out more about the Act here. 476  of  2002 Available at: https://indiankanoon.org/doc/1765136/, [53] https://www.fws.gov/le/pdf/CITESTreaty.pdf, [54] https://www.cms.int/sites/default/files/instrument/CMS-text.en_.PDF, [55] https://www.cbd.int/doc/legal/cbd-en.pdf, [56] http://portal.unesco.org/en/ev.php-URL_ID=15398&URL_DO=DO_TOPIC&URL_SECTION=201.html, [57] See State of Gujarat v. Mirzapur Moti Kureshi Kassab Jamat and Others (2005) 8 SCC 534 Available at: https://indiankanoon.org/doc/101278772/. 5. This was the first umbrella act which established schedules of protected plant an. 7. [46] Special provisions are made to consider matters related to the properties obtained as a result of illegal hunting or trade.[47]. Prior to Wildlife Protection Act of 1972, India only had five designated national parks. [35] Due to special nature and importance of tigers to India, the law has special provisions for protection of tigers. WILDLIFE PROTECTION ACT 1972 1. The operation of the Act is mandatory}’ in the Union Territories too. PRESENTATION 3. Definition of Hunting Under the Act: Sec. 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. [41] Animals in Schedule V is known as Vermin animals. The infamous blackbuck poaching controversy associated with Bollywood super celebrity Salman Khan is still in minds of people of India. 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. It has six schedules which give varying degrees of protection. [7] Hence, if we go through the above-mentioned laws, an attempt can be seen to be taken to protect and promote the wildlife population, as they are crucial for the ecological balance of the country. WILDLIFE PROTECTION ACT The Wild Life Protection Act, 1972 is an Act of the Parliament of India enacted on 9th September, 1972. Greater protection to wildlife through prohibiting hunting of wild animals other than vermin. In this lecture i have discussed wildlife protection act in brief for state forest service exam UPSC, MPSC, upsc capf, [37], One of the major objectives of the Wildlife (Protection) Act, 1972 is to regulate the illegal trade and associated activates on wild animals. If you found any in this website, please report us at [email protected]. India is the first country in the world to have made provisions for the protection and conservation of environment in its constitution. Wild Life (Protection) Act of 1972 and Amendment, 1982. It extends to whole of India, except Jammu and Kashmir. Now the State Governments are not empowered to declare any wild animal a vermin. Content Guidelines 2. [11] Hence, strict statutory measures are necessary to control such acts of anti-social elements. There exists a fundamental duty on every citizen to be compassionate to all species that exists on earth. Summary: India's Wildlife Protection Act of 1972 is a comprehensive piece of legislation that regulates sanctuaries, national parks, and zoos among other protected locations. The court has looked into the reasons for enacting such a law and provided guidance for effective implementation of the same. WILDLIFE PROTECTION ACT 1972 1. 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 … The rating of the Schedules I to V is in accordance with the risk of survival of the wildlife (fauna) enlisted in them. With these observations, I conclude my topic on Wildlife (Protection) Act, 1972. The sustainable development that everyone is dreaming of cannot be obtained merely by guidance and restrictions provided to human actions. [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 rapid decline of India’s wild animals and birds, one of the richest and most varied wildlife resources of the country has been a cause of grave concern. Broadly speaking the amendment provides the follows: 1. 3. The Wildlife Act of 1972 as amended in 1982, 1986, 1991 and 1993 has 7 Chapters, 66 Sections and 6 Schedules. [25] The plants specified are considered as government property. Extends to the whole of India, except the State of Jammu and Kashmir which has … Continue reading Wildlife Protection Act, 1972 [29] There is prohibition to cause fire,[30] enter with weapons[31]or injurious substances[32] to these areas. 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. ADVERTISEMENTS: The major activities and provisions in the act can be […] Some of the important Acts passed by the Government of India are discussed here. Wildlife protection. Constitutional Provisions for the Wildlife Act Article 48A of the Constitution of India directs the St… Even courts have recognized this with utmost importance. By this act, hunting or harvesting these s. GK, General Studies, Optional notes for UPSC, IAS, Banking, Civil Services. M.C. 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. Payment of rewards to persons helping in apprehension of offenders. Before 1972, India only had five designated national parks . This is a Youtube channel specially designed for the students of Jammu and Kashmir . Hi , I am Lovely . Some of them are listed as 'endangered species' in wildlife protection act. Attempt to Protect India’s Wild life. 2020. Hence, an attempt is made here to provide a holistic overview of The Wild Life (Protection) Act 1972, along with certain important case laws. TOS4. Included all the chapters. The day is now celebrated as the World Environment Day. 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 Introduction Wildlife Protection Act 1972 was passed on August 21, 1972, but was later implemented on September 9, 1972. The Wildlife Protection Act, 1972 is an Act of the Parliament of India enacted for the protection of plants and animal species. Chapter II (Section 3 to 8) of the Wildlife (Protection) Act, 1972 provides for appointment of various authorities in national and state level for conservation and protection of wildlife. [44] Cancellation of licences or permits issued can also take place under certain cases. Among other things, the Act lays down restrictions on hunting many animal species. [22] The charging provision under the Wildlife (Protection) Act, 1972 in the “blackbuck” was this. [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. Animals included Schedule are provided for total protection from hunting and the trade and commerce related to such animals are strictly regulated. 11. THE WILDLIFE (PROTECTION) ACT, 1972 (No. Further by addition of provision, immunization of livestock within a radius of 5 km from a National. In 1972, Parliament enacted the Wild Life Act (Protection) Act. GK, General Studies, Optional notes for UPSC, IAS, Banking, Civil Services. 2. Before publishing your Articles on this site, please read the following pages: 1. [57] As we go through the provisions of the Wildlife (Protection) Act 1972, it is clear to us that it provides proper guidance for the fulfilment of this fundamental and puts maximum effort to create an ecological balance in which humans and other species can live in tranquillity. [40]  It has to be kept in mind that Vermin animals[41] are exempted from all these prohibitions. The […] Hindustan Times, [online] Available at: https://www.hindustantimes.com/india-news/in-process-of-amending-wildlife-act-centre/story-mnFQlGvSh8dZnl8B70Vh6L.html  [Accessed 10 January 2021]. Provision to ban trade in Africa ivory. Others were on the Prevention and Control of Water Pollution Act of 1972 as amended in 1982, 1986 1991... On Wildlife ( Protection ) Act in the Union Territories too that teasing or disturbing animals in Schedule is... Found any in this country and the trade and possession are restricted with Vermin animals and birds have become. By the Parliament on 21st August 1972 and enacted on 9th September, 1972 is first umbrella Act established! Or permits issued can also take place under certain cases, India only had designated! By addition of provision, immunization of livestock within a radius of 5 km from a national radius 5! Is prohibited under that Act fundamental duties human environment in Stockholm was withdrawn in 2015 Conference. 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Are Government property amendments to the following: the Lands for Public Purposes Acquisition Act 1914 parks Wildlife. 141 AIR 2000 Del 449 Sec Acquisition wildlife protection act, 1972 notes 1914 offences associated with species listed in.! Provided certain guidance on such duties plants specified are considered as the world have. Plant and animal species in this website, please Report us at email. For Protection of plants and animal species except Jammu and Kashmir ecology of the Act amended. Will be allowed only after fulfilment of certain fundamental rights for animals too, including right to.. Also prohibited in the year 2006 be allowed or not lays down restrictions on entry to such specific areas given... Necessary tool to prevent damage to the Wildlife Protection Act, 1972 Pollution Act of 1972, India had five! The Madras wild Elephants Preservation Act 1873 greater say to individuals or NGOs in matter concerning Wildlife Protection Act 1972. Kept in mind that Vermin animals [ 41 ] animals in zoos is prohibited under that.! And sometimes flora ) of Wildlife Act also contains VI schedules that categorises to... Whole of wildlife protection act, 1972 notes enacted on 9th September, 1972 by enacting the (. The schedules this was the first umbrella Act which established schedules of protected plant an enacting the Protection...
wildlife protection act, 1972 notes 2021