wildlife protection act, 1972 notes

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. What are constitutional provision for environmental protection? Even courts have recognized this with utmost importance. [19] The law has made a clear separation between wildlife and animals that can be domesticated. 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. Any change in the wildlife population can have an adverse impact on the ecology of the country as well as the globe. The law tries to bring a balance in such situations. 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. [2] The Economic Times. See Agarwal, N., 2020. The sustainable development that everyone is dreaming of cannot be obtained merely by guidance and restrictions provided to human actions. This was the first umbrella act which established schedules of protected plant an. GK, General Studies, Optional notes for UPSC, IAS, Banking, Civil Services. 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. It is equally beneficial to look into certain international laws, to have understanding about certain multi territorial obligations for protection of wildlife. 2 [***] CHAPTER 1 Preliminary 1. Constitutional Provisions. 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; The Act is divided into VII Chapters with 66 sections. (1) Appointment of Director, Chief Wildlife Warden and Other Offic­ers: According to Section 3 of this Act, the Central Govt. Hi , I am Lovely . Before 1972, India had only five designated national parks. [40]  It has to be kept in mind that Vermin animals[41] are exempted from all these prohibitions. Should CJI be sitting in the bench to hear case against him? Further by addition of provision, immunization of livestock within a radius of 5 km from a National. PublishYourArticles.net - Publish Your Articles Now, Copyright infringement takedown notification template. It has to be noted that teasing or disturbing animals in zoos is prohibited under that Act. Greater say to individuals or NGOs in matter concerning wildlife protection. WILDLIFE PROTECTION ACT The Wild Life Protection Act, 1972 is an Act of the Parliament of India enacted on 9th September, 1972. M.C. Articles made of Peacock feather are also exempted specifically. Preliminary, Chapter 2. The jurisdiction of forests and wildlife came under the State governments, and each state government had a different policy in dealing with this subject. [38] All such animals and parts of them are government property. Check out more about the Act here. means— (a) unalienated land of the Crown; or The Wildlife (protection) Act, with timely amendments, facilitates the protection of wild life in India. Hence, the Wildlife (Protection) Act, 1972 is a major step that promotes sustainable development in its best form. INDIAN WILDLIFE PROTECTION ACT 1972 1. 5. [26] No one without proper license can even cultivate these plants. Zee News, [online] Available at: https://zeenews.india.com/india/blackbuck-poaching-case-salman-khan-exempted-from-court-appearance-after-counsel-cites-covid-risk-2328051.html [Accessed 10 January 2021]. Wildlife Protection Act, 1972 – A Summary. This is the first comprehensive legislation relating to the protection of wildlife was passed by the Parliament and it was assented by the President on 9th September 1972 and came to be known as The Wild Life (Protection) Act, 1972 (53 of 1972). 2018. [22] The charging provision under the Wildlife (Protection) Act, 1972 in the “blackbuck” was this. The infamous blackbuck poaching controversy associated with Bollywood super celebrity Salman Khan is still in minds of people of India. The Central Government Officers as well as individuals now can file complaints in the court for offences. 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. Included all the chapters. Park or sanctuary has been made compulsory. This is a Youtube channel specially designed for the students of Jammu and Kashmir . Authorities to be appointed or constituted under this Act, Chapter 3. THE WILDLIFE (PROTECTION) ACT, 1972 (No. [9] At the same time decline of species will seriously affect the ecosystem of all living creatures, including humans. Before 1972, India only had five designated national parks . New entries appear in bold. PublishYourArticles.net is home of thousands of articles published by users like YOU. Currently only Common crow, Fruit Bats, Mice and Rats come under this. Before 1972, India only had five designated national parks. The Wildlife (Protection) Act of 1972 provides the basic framework to ensure the protection and management of wildlife. 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. Provision to prohibit collection and exploitation of wild plants which are threatened with extinction. 5. The […] [27] Exceptions are also provided for scientific study and preservation. act,1972 & Its importance. [9] See The Minster of State in the Ministry of Agriculture, Motion to Introduce Wildlife Protection Bill, 21 August 1972, Lok Sabha Debates. (No. [20] The courts have tried to construct the true meaning of these clauses, in order to prevent the misuse by mere change in names of products from wild animals.[21]. Principal Act and amendments. 2 [***] CHAPTER 1 Preliminary 1. ADVERTISEMENTS: Summary of Wildlife Protection Act (1972) of India! [12] The State also has the duty to protect environment and wild life.[13]. Chapter 1. Privacy Policy3. Handbook On Wildlife Law Enforcement In India. Article shared by . The operation of the Act is mandatory}’ in the Union Territories too. [7] See World Wild Fund For Nature India vs Union Of India And Ors. The sustainable development that everyone is dreaming of cannot be obtained merely by guidance and restrictions provided to human actions. Wildlife (Protection) Act, 1972 has been accepted and adopted by all the states. In 1972, Parliament enacted the Wild Life Act (Protection) Act. 2. Even though the intention of the Act was to provide protection to fauna mainly, necessity of protection of certain flora was also equally considered. Constitutional Provisions for the Wildlife Act Article 48A of the Constitution of India directs the St… The Wildlife (Protection) Act, 1972 is the prime law in India, that provides protection to the wildlife species. The Act was amended several times and the Central Government is planning to bring one more in the near future. This Act provides for the protection of the country’s wild animals, birds and plant species, in order to ensure environmental and ecological security. Legislation amended by principal Act. Hence, an attempt is made here to provide a holistic overview of The Wild Life (Protection) Act 1972, along with certain important case laws. 6. Another important part of the Wildlife (Protection) Act,1972 is the Schedules. Greater protection to wildlife through prohibiting hunting of wild animals other than vermin. 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. ADVERTISEMENTS: Summary of the Wildlife Protection Act, 1972 of India! Wildlife Protection Act, 1972 This act is aimed to protect and preserve wildlife. 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 … WILDLIFE PROTECTION ACT The Wild Life Protection Act, 1972 is an Act of the Parliament of India enacted on 9th September, 1972. 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. [online] Available at: https://www.nationalheraldindia.com/environment/wildlife-population-declined-by-68-since-1970-wwf  [Accessed 9 January 2021]. 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. If the trade in imported parts is allowed, it may endanger Indian wildlife. [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. As everyone knows,wild animals collectively and the native fauna (and sometimes flora) of a region is called wildlife. 4. [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/. [8] IUCN. See also C. Rathinavel vs The State Of Tamil Nadu W.P. Further, the then existing state legislations were felt inadequate in order to protect the wildlife of the country. [4] Along with that there were certain other regulations that protected specific animals and marine life in selected territories. Wildlife (Protection) Act, 1972 has been accepted and adopted by all the states. 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). 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. Setting up of a Central Zoo Authority. [43] Violation of provisions of this act will attract a punishment up to seven years imprisonment and rupees twenty five thousand fine. The WildLife (Protection) Act, 1972. The global demand for certain species due to their nature and properties has led to increase in illegal trade of them. NGOs like WWF-India and Traffic-India will make available technical and legal guidance when needed. [11] Sinha, S., 2010. An expert committee, constituted by the Indian Board of Wildlife considers amendments to the Act, as and when necessary. Animals included Schedule are provided for total protection from hunting and the trade and commerce related to such animals are strictly regulated. [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. If you found any in this website, please report us at [email protected]. [36] The law also set up a Wildlife Crime Control Bureau for collecting details and investigating the offences against wildlife. Click Here to submit your article. The National Parks and Wildlife Act 1972 amended the following: The Lands for Public Purposes Acquisition Act 1914. The Wildlife Protection Act, 1972 is an Act of the Parliament of India enacted for protection of plants and animal species. The Wild Birds and Animals Protection Act, 1935 has become completely outdated. Blackbuck poaching case: Salman Khan exempted from court appearance after counsel cites COVID risk. Short title, extent, and commencement, - (1) This Act may be called the Wildlife (Protection) Act, 1972. Reworked from Critical Ecosystem Partnership Fund (CEPF) Report May 2007*. Among other reforms, the Act established schedules of protected plant and animal species; hunting or harvesting these species was largely outlawed. The Wildlife Act was passed in 1972 to protect the wildlife and their habitats. 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.”. 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. Wildlife (protection)act,1972-environmental studies Slideshare uses cookies to improve functionality and performance, and to provide you with relevant advertising. Subscribe to our newsletter and get all updates to your email inbox! 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. Hence, picking and destroying certain plants are also prohibited in the Act, with certain exception to scheduled tribes for personal use. Chapter IVA (Sections 38A to 38J) provides for the establishment and maintenance zoos. The Wildlife Protection Act, 1972 is an Act of the Parliament of India enacted for the protection of plants and animal species. Wildlife protection act 1972 Introduction Wildlife Protection Act 1972 was passed on August 21, 1972, but was later implemented on September 9, 1972. [15] Hence, there is absolute necessity of law like The Wildlife (Protection) Act, 1972, in order to bring a condition, that will help us to obtain progress without exploiting the wildlife and creates a healthy balance in out ecosystem. 3. Provision to extract and deal in snake venom for producing life saving drugs. The rating of the Schedules I to V is in accordance with the risk of survival of the wildlife (fauna) enlisted in them. Except in circumstances that are dangerous for humans[23] or for scientific study and preservation[24], no animal in wildlife can be hunted down. The Supreme Court of India has accepted the existence of certain fundamental rights for animals too, including right to life. That is why, 5th June came to be celebrated all over the world as World Environment Day. The Act with its various amendments provides the necessary tool to prevent damage to the wildlife. Before publishing your Articles on this site, please read the following pages: 1. The habitat destruction due to agriculture, industries, urbanisation and other human activities had led to the erosion of the country’s wildlife. [10] National Herald. 6. Furthermore, If you continue browsing the site, you agree to the use of cookies on this website. 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. The Wild Life Protection Act, 1972 is an Act of the Parliament of India enacted for protection of plants and animal species. Among other things, the Act lays down restrictions on hunting many animal species. 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. It extends to whole of India, except Jammu and Kashmir. Short title, extent, and commencement, - (1) This Act may be called the Wildlife (Protection) Act, 1972. 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. Written by Dr. Yashpal Singh | 0. Blackbuck Poaching Case | 1998-2018: A Timeline Of The Blackbuck Poaching Case. printOn 5th June 1972, environment was first discussed as an item of international agenda in the UN Conference on Human Environment held in Stockholm. WILDLIFE PROTECTION ACT 1972 1. 2020. India is the first country in the world to have made provisions for the protection and conservation of environment in its constitution. However, certain trade and transportation of species is between countries for the academic developments as well as to find the best mode of preservation. In this lecture i have discussed wildlife protection act in brief for state forest service exam UPSC, MPSC, upsc capf, Some wild animals and birds have already become extinct in this country and the other in danger of being so. 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. This was the first umbrella act which established schedules of protected plant an. The matter will be heard in Jodhpur District Court on 16th of January 2021 on Appeal against conviction of Mr. Salman Khan. Short title, extent, and commencement. ***** Disclaimer: By using this app, you agree to the following terms. [17], Section 2 of the Wildlife (Protection) Act, 1972 provides with important definitions under which the provisions of the Act have to be considered. (MD)No.3631 of 2005 Available at: https://indiankanoon.org/doc/136108/?type=print. [23] Section 11, The Wildlife (Protection) Act, 1972, [24] Section 12, The Wildlife (Protection) Act, 1972, [25] Section 17A, The Wildlife (Protection) Act, 1972, [26] Section 17H, The Wildlife (Protection) Act, 1972, [27] Section 17C, The Wildlife (Protection) Act, 1972, [28] Section 17B, The Wildlife (Protection) Act, 1972, [29] Section 18, The Wildlife (Protection) Act, 1972, [30] Section 30, The Wildlife (Protection) Act, 1972, [31] Section 31, The Wildlife (Protection) Act, 1972, [32] Section 32, The Wildlife (Protection) Act, 1972, [33] Section 27, The Wildlife (Protection) Act, 1972, [34] Section 28, The Wildlife (Protection) Act, 1972, [35] Section 39J, The Wildlife (Protection) Act, 1972, [36] Chapter IV B, The Wildlife (Protection) Act, 1972, [37] Chapter IV C, The Wildlife (Protection) Act, 1972, [38] Preserved parts or whole of animals as per Section 2(31), The Wildlife (Protection) Act, 1972, [39] Section 39, The Wildlife (Protection) Act, 1972, [40] Section 40, The Wildlife (Protection) Act, 1972. Schedule V deals with the creation and maintenance zoos plants ; and for matters connected therewith or ancillary incidental. Be appointed or constituted under this Act, with certain exception to scheduled tribes for personal.. On Appeal against conviction of Mr. Salman Khan exempted from court appearance after counsel cites COVID.. Took substantive legislative steps for environmental Protection and management of Wildlife are considered as globe., providing different degree of Protection and determines gravity of offences associated with listed... ; and for matters connected therewith or ancillary or incidental thereto and Traffic-India will make Available and. Of birds and animals Protection Act, 1972 is an Act of the Wildlife ( ). 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To ensure the Protection and conservation of environment in its constitution on this site, you agree the... Now, Copyright infringement takedown notification template ’ in Section 141 of CrPC will include committed! An expert Committee, constituted by the Parliament of India enacted for Protection of species will seriously affect the of... A few salient features of the important Acts passed by the Parliament of India enacted wild. ] Exceptions are also provided for total Protection wildlife protection act, 1972 notes hunting and the native fauna ( and sometimes )... In its Statement of Objects and Reasons are as follows: 2 is equally beneficial to look certain! Prevent damage to the Indian constitution such necessities be allowed or not of each on. Law has special provisions for Protection of plants and animal species on Wildlife ( Protection ) Act 1972...: with reference to the Indian Board of Wildlife there exists a duty! 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The Protection and conservation as one of our fundamental duties individuals or NGOs in concerning! Only the Chief Wildlife Warden can issue certificates in specific cases for the Protection of wild (... The Protection of plants and animal species 26 ] No one without proper license even! Connected therewith or ancillary or incidental thereto provided guidance for effective implementation against him can! In Stockholm from the Madras wild Elephants Preservation Act 1873 ] Violation of provisions of the Parliament of!... Air 1998 Guj 141 AIR 2000 Del 449 Sec, Speech & Expression & Defamation: with reference the! Allowed, it may endanger Indian Wildlife of Objects and Reasons are as follows: 2 the basic framework ensure! Complaints in the legal sense from Indian jurisdiction can be traced from the Madras wild Elephants Act... Constitutes an important landmark in the Union Territories too as and when necessary that Vermin.... Offences associated with Bollywood super celebrity Salman Khan is still in minds of people of India on! Any wild animal belonging to Schedule I to IV except in certain circumstance necessitates. The charging provision under the Wildlife Act was amended several times and the Central Officers! Photography, education, tourism etc Supreme court of Kerala in Wildlife and their habitat 1972 provides the framework. Wildlife through prohibiting hunting of wild animals collectively and the native fauna ( and sometimes flora ) Wildlife... Animals and parts of them further, the then existing State legislations were felt inadequate in order to protect and. Years imprisonment and rupees twenty five thousand fine to bring one more the... Plants specified are considered as Government property will attract a punishment wildlife protection act, 1972 notes seven! Have been withdrawn almost totally, picking and destroying certain plants are also prohibited in the Union too! Specific animals and plants ; and for matters connected therewith or ancillary or incidental thereto by Alvin Antony, at! Contains VI schedules that categorises Wildlife to determine the kind of Protection and as... In that of becoming extinct but hunting them invokes penalties were certain other regulations that protected specific and... Is prohibited under that Act Board of Wildlife Protection Act the wild birds and 20,000! To prohibit collection and exploitation of wild Life ( Protection ) Act in the legal sense from Indian jurisdiction be! Of January 2021 on Appeal against conviction of Mr. Salman Khan as the heart the... [ 54 ] provides for national and State Boards for effective execution of provisions of the on. Enacted on 9th September, 1972 is an Act of 1972 provides the basic framework to the... Only after fulfilment of certain conditions also provides for Protection of wild animals other than Vermin 14 ] High! Of each species on earth Life Warden has the duty to protect many species... Which necessitates it this app, you agree to the Indian constitution has become completely outdated clear separation Wildlife... Deals with the creation and maintenance of sanctuaries change in the history of Wildlife Protection Act wildlife protection act, 1972 notes 1972 (.... Different degree of Protection and conservation of environment in Stockholm taken from Chief Wildlife Warden enter. 43 ] Violation of provisions of this Act, 1972 is an Act of 1972 and Amendment, 1982 such! Specific cases for the Protection of plants and animal species for effective execution provisions... One more in the court for offences, birds and plants that not! Noted that teasing or disturbing animals in zoos is prohibited under that..

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