WILDLIFE PROTECTION LAWS

Prof. Adya Surbhi

 Wildlife
Protection

 Biodiversity: According to WWF, biological

diversity (biodiversity) is the term given to the
variety of life on Earth. It is the variety within
and between all species of plants, animals and
micro-organisms and the eco- systems within
which they live and interact.
 India has immense biodiversity
Species Total
• Mammals 350
• Birds 1226
• Reptiles 420
• Amphibian 140
• Fishes 2000
• Insects 50,000
International Organization
working in Wildlife
 IUCN (International Union for conservation of
Nature and Natural Resources) – seated in
Switzerland -Founded in 1948, oldest and
largest global environment organization;
mission is to conserve biodiversity in the
world through reports and field
projects; IUCN Red List of Threatened
Species.

 UNEP (United Nation Environmental Program)

– Seated in Nairobi Kenya
IUCN Red List Index (RLI) of species survival for mammals,
birds, amphibians, reef-forming corals and cycads.
 International agreement for wildlife protection -Big –
5

• The Convention on International Trade in Endangered Species (CITES

• The Convention on Migratory Species (CMS) -under the
United Nations Environment Programme (UNEP) - global platform for the
conservation and sustainable use of migratory animals and their habitats.
• The Convention on Biological Diversity (CBD) aims to enhance the conservation
of biological diversity and the sustainable use of the earth’s resources.
• The Convention on Wetlands of International Importance (Ramsar Convention)
provides the framework for the conservation and wise use of wetlands and
their resources.
• The
UNESCO Convention Concerning the Protection of the World Cultural and Natur
al Heritage
aims to protect natural and cultural heritage by protecting World Heritage
sites.
History in
16TH
CENTURY
History – Before Independence
 History
• However, there was also a moral duty
imposed through religious scriptures.
• Hindu scriptures emphasized on the
protection of the environment and living
creatures.
• Some of the animals were given the status of
god or vehicles of gods.
• Examples – Cow, Matsya etc.
 History of Legal regulations
• Emperor Ashoka prohibited the killing of wild
animals as early as 3RD CENTURY B.C.
• First codified law was in 1887 by the British –Wild
Birds Protection Act 1887 .
• However, it didn’t prohibit killing of birds. Merely
prohibited possession or sale of any kinds of
specified wild birds which have been killed or taken
during the breeding season.
• Repealed by Wild birds and Animals Protection Act
1912, thereby amended in 1935.
 Other Legislations
• Elephant Preservation Act, 1897
• Indian Penal Code 1860 – no specific provision,
but defines animal in sec 47 and declares
maiming, killing of animal as an offence and
punishable under sec 428 and Sec 429.
• Indian Constitution –
• Art 48-A
• Art 51 A (g)
 Wildlife Protection Act
• The Wildlife Protection Act, 1972
enacted by invoking Art. 252 (Entry 20
State List) of the Constitution. The
Legislatures of A.P., Bihar, Gujarat,
Haryana, H.P., M.P., Manipur, Punjab,
Rajasthan, U.P., and W.B. have passed
such resolutions.
• Amendments: 1982, 1986, 1991
(extended The Act to whole of India) ,
1993, 2003 and 2006.
 Wildlife Act 1972
• Act has a two prolonged approach of
conservation –
– Protecting specified species
– Restricting specified areas for conservation of all species.

• The Act provides for establishment of

wildlife Boards, appointment of Wildlife
wardens and other staff in order to
implement the Act.
• The Act prohibits and permits certain
activities like hunting, illegal trade of
animal prohibited animal products etc.
• Established statutory bodies – National
board of wildlife protection, Central Zoo
Authority, Wildlife Crime Control
 Objectives:

 To address the rapid decline of India’s wild animals and birds

 Provide protection to wild animals, birds and plants with a view
to ensure the ecological and environmental security of the
country;
 Improve the protection afforded in sanctuaries and national
parks;
 Constitute a Wild Life Advisory Board for each State;
 Regulate hunting of wild animals and birds;
 Lay procedure for declaring areas as sanctuaries,
National Parks, etc;
 Regulate possession, acquisition or transfer of, or
trade in wild animals, animal articles and trophies and
taxidermy thereof;
 Important Definitions

 S.2(1): “Animal” – includes amphibians, birds, mammals, reptiles,

fish, other chordates and invertebrates ; also includes their young and
eggs;
 S.2(11): “Dealer” – in relation to any captive animal, animal article,

trophy, uncured trophy, meat or specified plant, means a person who

carries on the business of buying or selling any such animal or article,
and includes a person who undertakes business in any single
transaction;
 S.2(15): “Habitat” – includes land, water, vegetation which is the

natural home of any wild animal;

 S.2(37) – Wildlife - Includes any animal, bees, butterflies, crustacean,

fish and moths; and aquatic or land vegetation which forms part of any
 S.2(16): “Hunting” – includes

 capturing, killing, poisoning, snaring and trapping (including attempt

to do the foregoing);

 driving any wild animal for any purpose specified;

 injuring or destroying or taking any part of the body of any such

animal or

 in case of wild birds / reptiles, damaging the eggs or disturbing the

eggs or nests of such birds or reptiles;

 S.2(34): “Vermin” – any wild animal specified in Schedule V;

 Authorities under the Act
Director of
Chief Wild
Wild Life
Life
Preservatio
Warden
n
Appointed by the CG Appointed by the SG (Sec
(Sec 3); 4);
subject to directions of the SG may appoint – Wild Life
CG in performance of his Warden and
Wardens, such other
Honorary Wild Life
duties and exercise of officers as may be necessary
powers. for Chief WL Warden to
CG may appoint such other perform his functions
officers and employees as
necessary to assist the Chief WL Warden shall be subject to
Director. directions of the SG in performance of
his duties and exercise of powers;
Director may delegate his WL Warden, Honorary WL Warden and
power(s) and duties under other officers shall be subordinate to
the Act to any subordinate the Chief WL Warden
office with the prior approval
of the CG.[5(1)(2)]
Chief WL Warden may
delegate his power(s) and
duties under the Act to any
subordinate office with the
 Schedules

 Sch I – highly threatened animals

 Sch II– reptiles and insects (endangered)

 Sch III & IV – other wild animals.

 Sch V - Vermin
 Schedule V
• [See section 2, 8, 61, and 62]
• Common crow
• Fruit bats
• Mice
• Rats
• States can approach the Union
government to declare specified species
as vermins.
Nilgai – Blue Bull
Wild Boar
 Hunting Of Wild Animals
Hunting of wild animals (Schedule I, II, III and IV) is completely
prohibited under S. 9. However, exceptions are provided under
Ss. 11 and 12.
Section 11:
Chief Wildlife Warden may permit hunting of wild animals in certain conditions

•When wild animal under schedule I has becomes too dangerous to human life or is
disabled or diseased beyond recovery
 Chief Wildlife Warden or the authorized officer may by order permit any
person to hunt, if he is satisfied that :
 Wild animal or group of animals (Schedule II, III or IV) has become too
dangerous to human life or property, including standing crops on any
land, or is disabled or diseased as to be beyond recovery.
Killing or wounding in self defence or of any other person shall not be an
offence
 Except: such person at the time of exercise of the above mentioned defence
was committing any act in contravention to provisions of this Act or rule or
order under the Act.
 Any wild animals killed or wounded in defence of any person shall
be the property of the Government
 HUNTING PERMIT FOR SPECIAL PURPOSES
•Section 12: Chief Wild Life Warden may grant a permit to hunt with the prior
permission of:
 CG – for wild animals specified in Schedule I;
 SG – for any other wild animal
•For the following purposes:
a) Education;
b) Scientific research;
c) Scientific management (translocation to alternate suitable habitat; population
management without killing or poisoning or destroying wild animals);
d) Collection of specimens for recognized zoos, museums
and similar institutions;
e) Derivation, collection or preparation of snake venom for
• manufacture of life saving drugs.
Increase in Poaching during lockdown as
per Traffic Report
 Authorities under the Act

National Board
for WL (NBWL)

CG to constitute within 3
months from
commencement of 2002
Amendment Act.
Composition – S.5A(1)
Board may constitute standing
committee to exercise its
powers and perform duties

Duties: promote, conserve and develop WL and forests; frame policies and advice
CG and SGs; recommend setting up of protected areas;
carry out impact assessment of projects on WL or its habitat; reviewing progress;
publish status report at least once in 2 years;
Clearance of projects within protected areas;
Alteration of the boundaries of the protected areas
 Central Zoo Authority
• Chapter IV A – Sec 38 A- J
• Statutory body to be established under the Act
• Looks after the upkeep, functioning,
maintenance, recognition, co-ordination of the
zoos
• training of zoo personnel
• Animal exchange programs for breeding
purposes
• Sec 38 J- prohibits of teasing etc in Zoo
 Issues with Zoos in India
• Despite the Act, most of the Zoos are in bad
conditions
• What are the identifiable issues with the
Zoos?
» Infrastructure and maintenance
» Housing issues
 Other mishaps
• Mysore zoo – elephants mistreated
• Byculla Zoo – penguin transferred – opposition
that it would require special monitoring
 Wildlife Crime Control Bureau
• Statutory body under this act
• Combats wildlife crime
• Works like IB in collaboration with agencies
like INTERPOL
• Investigates trade routes of illegal trade in
animal products and other wildlife crimes
• Several operations – like operation Soft gold,
Operation lesknow, operation thunderbird,
op Save Kurma.
 National Tiger Conservation Authority
• Tiger reserves are declared by the National Tiger Conservation
Authority
• Part of centrally sponsored project tiger for the conservation of
the Tigers.
• Under Sec 38 (o) of the WLPA.
• Once declared there is no alteration in in the boundaries of the
Tiger Reserve without prior recommendation of the National
Board of Wildlife.
• Advice to be taken from Tiger Conservation Authority
• More STRICTLY protected than the sanction
• Tourism allowed in specific areas.
• Cheetah re-introduction scheme- NTCA nodal agency
 Chapter IV
Protected Areas

 S.2(24A): “Protected a regulations of internation

areas” - National Park, a the al The
a
conservation sanctuary,
reserve or organizations
a involve
"protected area" term
also includes
community reserve notified under Marine d. the boundaries
Protected Areas,
Ss. 18, 35, 36A and 36C. which will include some area of
of
 Protected areas are those in ocean, and Transboundary
human
which occupation or at least Protected Areas that overlap
the exploitation of multiple countries which remove
resources
limited. is
The definition that has the borders inside the area for
been widely accepted conservation and
Classificationof protected economic
areas
across
global frameworks
regional andhas
 been purposes.
by IUCN:
by the International Union
provided  National Parks
Conservation
for of Nature (IUCN)  Wildlife Sanctuaries
in its  Conservation
areas. There are
categorization several kinds
guidelines for
protected areas, which vary by
of
protected Reserves
level of protection depending on  Community
the Reserves
enabling laws of each country  Marine Protected
 Sanctuaries – Ss. 18 to 34A

 Any area other than area comprised within any

reserve forest or the territorial waters can be
notified by the SG to constitute as a
sanctuary if such area is of adequate
ecological, faunal, floral, geomorphological,
natural or zoological significance, for the
purpose of protecting, propagating or
developing wildlife or its environment.
[S.18(1)] Some restricted human activities
are allowed inside the sanctuary area.
 There are 543 existing wildlife sanctuaries in
India covering an area of 1,18,918 km2, which
is 3.62 % of the geographical area of the
country (National Wildlife Database, June,
 Sanctuaries
• Sec 28: permit to enter or reside, subject to conditions and
payment of fee, in sanctuary for investigation or study or
photography or scientific research or tourism or transaction
of lawful business with any person residing in the sanctuary.
[S.28]
• Sec 29 Destruction prohibited in wildlife sanctuary
• Sec 30: causing of fire prohibited
• Sec 31 : Entry with weapon prohibited
• Sec 32 Ban on injurious substances
• Sec 33: Control of sanctuaries: Chief Wildlife Warden will be the authority
responsible for construction, ensuring security, necessary
measures etc.; No construction of commercial tourist lodge,
hotel, zoo and safari parks shall be undertaken without prior
approval of the National Board for WL
• Gujarat Navodaya Mandal v. State
– Nothing illegal to give permission to lay down pipeline through Marine national park/
sanctuary as long as proper management as well as improvement of wildlife is
 National Parks – Ss. 35

 An area, whether within a sanctuary or not, can be

notified by the SG to be constituted as a National Park,
for the purpose of protecting & propagating or
developing wildlife therein or its environment. No
human activity is permitted inside the national
park except for the ones permitted by the Chief
Wildlife Warden of the state under the conditions.

 There are 104 existing national parks in India covering

an area of 40,501 km2, which is 1.23% of the
geographical area of the country (National Wildlife
Database). In addition to the above 75 National Parks
covering an area of 16,608 km2 are proposed in the
Protected Area Network Report.
Process is the same as followed in case of Sanctuaries:
 Notification by the SG;
 Collector to determine rights – but shall not allow
continuation of a right of any person in and over the
land which is included in the NP;
 SG to declare once period to prefer claims is over and all
claims are settled;
 No alteration of boundaries of NP except on recommendation
of National Board;
 No destruction, exploitation or removal of wildlife including
crops or destroying, damaging or diverting habitat except
permission by CWLW on satisfaction of the SG in
consultation with the National Board;
 No grazing of livestock and no entry of livestock unless
used as vehicle to enter by person who is permitted to
enter.
 Restrictions of sanctuary as provided under ss. 27, 28, 30,
31, 32, 33(a), (b) & (c), 33A and 34 shall apply to NP.
 Differences between a Sanctuary and a National Park

 National Parks affords higher protection (to wildlife

and their habitat) than Sanctuaries
 All rights have to be settled in National Park – some
rights can be allowed in a Sanctuary;
 Grazing of livestock allowed in a Sanctuary not
National Park;
 Sanctuaries can be upgraded to National Park – not the
other way around.
 Conservation Reserves & Community Reserves – Ss. 36A to
36D
 Conservation reserves and community reserves are
terms denoting protected areas of India which
typically act as buffer zones to or connectors
and migration corridors between established
national parks, wildlife sanctuaries and reserved
and protected forests of India.
 conservation areas are uninhabited and
completely owned by the Government of India
but used for subsistence by communities and
community reserves are the lands that are
privately owned.
 These protected area categories were first
introduced in the Wildlife (Protection)
Amendment Act of 2002.
 These categories were added because of reduced
protection in and around existing or proposed
protected areas due to private ownership of
 Conservation reserve declaration of a land owned by the
government has to be after consultation with the local
communities; If such land is owned by the CG, prior concurrence is
required. SG creates Conservation Reserve Management Committee to
conserve, manage and maintain the conservation reserve.

 Community reserve is created where the community or an

individual volunteers to conserve wild life and its habitat on its
private or community land that is not within NP, sanctuary or
conservation reserve, for protecting fauna, flora and traditional or
cultural conservation values and practices. SG creates Community
Reserve Management Committee to conserve, manage and maintain
the conservation reserve. After such notification, no change in land
use pattern shall be made except by a resolution of the Management
Committee and approval of SG.
 Indian Handicrafts Emporium v UOI AIR 2003
SC 3240

 Appeal against the order of the Delhi HC upholding the

constitutional validity of the 1991 Amendment Act
[specifically S.49C] to WLP Act, 1972 prohibiting trade in
imported ivory.
Issues:
 Whether AmendmentAct 1991 is ultra vires Article 19(1)(g)and 14
of the Constitution?
 Whether the appellants were entitled to possess animal articles?
 Appellants were engaged in the business of manufacture and
sale of articles relating to art and craft manufactured from
ivory that was imported from African countries. The import
here was done legally between 1971-88 when there was no
restriction in that regard.
 Appellants contend that S.49C is violative of Article 19(1)(g)
as it takes away right to trade in ivory unjustly, imposing
excessive restrictions. Also, it is violating Article 14, being
irrational and arbitrary.
 Respondents contend that Amendment is in consonance with
objects of the Act and Article 48A and 51A(g) of the
Constitution. Under the provisions, it is now completely
Held:
 Does not violate Article 19(1)(g) – reasonable
restrictions to prohibit unscrupulous ivory traders
to legalize poached ivory procured in India in the
name of imported ivory, thereby killing Indian
elephants.
 The ivory in case does not automatically vests in the
government as given u/S. 39(1)(c) since the
appellants so far have not be found in commission
of an offence. However, applying the doctrine of
purposive construction – given that the
provisions of the Act do not allow trader to be in
control of animal articles, the same were required
to be handed over to the competent authority.
 Court directed respondents to seize the ivory & put
in a public museum – rather than destroying it.
Balram Kumawat v. UOI, AIR 2003 SC 3268
Issue: Whether ‘mammoth ivory’ imported in India falls within the
words ‘ivory imported in India’ contained in WLP Act, 1972 as
amended by 1991 Amending Act? [Read Ss. 49 A, B & C]
 Appeal against the decision of Delhi HC;
 Appellants contend that since mammoth is an extinct species, the
trade in mammoth fossil ivory is not banned either under the Act or
under the CITES.
Held:
 What has been banned is ‘ivory’ – the law in complete certain terms
says that no person shall trade in ivory. It does not categorize what
is prohibited is trade in elephant ivory or either types of ivory.
 A statute must be construed as a workable instrument where the
courts shouldn’t lean against any construction that makes the
legislation futile. A narrow interpretation of penal/ regulatory
statute like WLPA may create loopholes for the offenders to escape.
 WLPA has been enacted in larger public interest and in consonance
with Articles 48A and 51A(g) of the Constitution of India and also
int’l treaties.
 The Parliament has enacted the Amending Acts of 1986, 1991 and
2003 not only for the purpose of banning a trade in elephant ivory
but with a view to create a blockade of the activities of poachers
and others so that a complete prohibition in trade in ivory is
achieved.
 Essar Oil Ltd. vs Halar
Utkarsh Samiti,
AIR 2004 SC 1834
 Can pipelines carrying crude oil be permitted to
go through the Marine National Park and
Sanctuary and if so, has Essar Oil Ltd. in fact
been so permitted?
 The site in question is the Marine National Park
and Marine Sanctuary that stretches over 140
kilometres of the Gulf of Kutch in Gujarat and
is located in the inter- tidal zone along
Jamnagar.
 Some companies - including Oil India Company
and Reliance Petroleum Limited, have already
laid pipelines through the national park to
transport oil from Kutch. Now, two others -
Essar and Bharat Oman Refinery Limited
 S.29 provides for three prohibitions:
a) destruction, exploitation or removal of any wild life from a
sanctuary;
b) destruction or damage to the habitat of any wildlife; and
c) deprivation of any wild animal of its habitat within such
sanctuary.
 Under S.29, WPA the CWLW cannot act without the
permission of the SG. The SG could grant the
permission if it is satisfied "beyond reasonable doubt"
that such destruction, exploitation, removal was
indispensable for the better management of the
wildlife. The particular satisfaction regarding
betterment of wild life is a precondition to be fulfilled
only when there is destruction, exploitation or removal
of wild life prohibited under (a). Before according its
approval to the grant of any permit under Ss 29 or 35,
the SG should consider whether the damage in respect
of the proposed activity is reversible or not. This is a
question of fact to be determined by experts in each
case.
Are the current laws
adequate?
 Current laws good in theory
 However, there is not proper enforcement. In 2019,

the CZA derecognized 13 zoos.

 Is de-recognition of Zoos good for the animals?
 Animals are stuck in over-crowded and under-

resourced facilities.
 Schedules are not regularly updated as per IUCN

List.
Problems with the current
scenario
 No proper enforcement of laws. Punishments are
not effected properly.
 No compulsory imprisonment for Sch III and IV.
 Extremely difficult to provide evidence to prove

wildlife crimes.
 Large development projects which can give

immediate economic benefit take toll on the

habitats.
 Conservation vs. People.
Human-wildlife conflict
 Direct conflict between humans and wildlife
 Leads to loss of life, property and crops
 Killings of wildlife in retaliation
 affects the attitude of the local communities

towards the wildlife diversity around them.

 Solutions?
 Buffering boundaries
 Compensation schemes
 Solutions?
• Shift in enforcement policies. A need to make them
stricter
• Central Zoo authority should focus on the
rehabilitation of the zoo. De-recognition has worse
effect on animals.
• Change in attitude of the National Board for Wildlife
(NBWL) and the government.
• A fast track court system can lead to better
implementation of the laws
• Awareness programs
• training programs