The Wildlife Protection Act, 1972
India holds the distinction of being the first country to enshrine environmental protection within its Constitution. This significant step reflects the nation’s commitment to safeguarding nature.
- On 5th June 1972, the global community came together for the United Nations Conference on the Human Environment held in Stockholm, where environmental protection was formally acknowledged as an international concern. As a result, 5th June is now commemorated annually as World Environment Day across the globe.
Legislative Initiatives Post-Stockholm
India responded swiftly to the Stockholm Conference by introducing key environmental legislations:
- The Wildlife (Protection) Act, 1972
- The Water (Prevention and Control of Pollution) Act, 1974
- The Forest (Conservation) Act, 1980
- The Air (Prevention and Control of Pollution) Act, 1981
- The Environment (Protection) Act, 1986
These Acts laid the foundation for a structured approach to environmental conservation in the country.
Constitutional Provisions for Environmental Protection
These Acts laid the foundation for a structured approach to environmental conservation in the country.
In 1976, just four years after the Stockholm Conference, the 42nd Constitutional Amendment introduced explicit provisions for environmental conservation.
Article 48-A (Directive Principles of State Policy)
- “The State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country.”
Article 51-A(g) (Fundamental Duties)
- “It shall be the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers, and wildlife, and to have compassion for living creatures.”
Background
At the time of its passage, “Forests” and “Wildlife” were subjects under the State List (Entry 20 of List II) of the Seventh Schedule of the Constitution. This meant that Parliament had limited legislative authority over these subjects, except under specific provisions such as Articles 249, 250, and 252. However, recognizing the urgency of wildlife conservation, the central government introduced this legislation, and it was adopted by all States, except Jammu and Kashmir, which enacted a similar law. The Act was made applicable to all Union Territories as well.
Purpose and Rationale of the Act
The Statement of Objects and Reasons accompanying the Act highlights the need for urgent legislative intervention:
- Rapid depletion of India’s wildlife — India, once home to an abundance of diverse species, was witnessing a sharp decline in wild animal and bird populations.
- Loss of wildlife habitats — Regions that once thrived with wildlife had become severely depleted, and even existing protected areas lacked adequate safeguards.
- The Wild Birds and Animals Protection Act of 1935, the then-prevailing law, had become obsolete.
- Existing laws provided lenient penalties that failed to deter poaching and illegal trade in wildlife. Moreover, these laws were primarily focused on regulating hunting, while ignoring other threats like taxidermy and commercial exploitation.
Scope and Evolution of the Act
- The Wildlife (Protection) Act, 1972 was designed to provide a comprehensive structure for the protection, conservation, and management of India’s wildlife. Since its enactment, it has undergone several amendments—notably in 1982, 1986, 1991, and 1993—to strengthen its provisions and improve enforcement.
Key Features of the Act
- Historical Development: The legislative journey began as early as 1887 with laws focused on a few bird species. Over time, the scope widened to include wild animals (1912) and specified plant species (1991), culminating in the current comprehensive framework.
- Categorization Through Schedules: The Act classifies species under Schedules I to VI, based on their conservation status:
- Schedule I and II: Provide complete protection from hunting and strict regulation of trade.
- Schedules III and IV: Offer lesser but significant protection.
- Schedule V: Lists species classified as vermin.
- Schedule VI: Added via the 1991 amendment, it includes plant species that require conservation.
- Expert Committee Oversight: An expert committee under the Indian Board for Wildlife is authorized to recommend amendments to the Act as needed, ensuring its relevance over time.
- Reduction of State Powers (1991 Amendment): A major reform came in 1991, which significantly curtailed the powers of State Governments:
- States can no longer declare wild animals as vermin on their own.
- Introduction of a provision that mandates livestock immunization within a 5 km radius of any National Park or Sanctuary, aimed at preventing disease transmission to wild animals.