Evs Project.docx

AMITY UNIVERSITY AMITY LAW SCHOOL – 2 ENVIRONMENTAL LAW PROJECT Topic Wildlife Protection Act 1972

Made By :Prithvi Yadav Faraz Siddiqui Manas Tumuluri Abhishek Singh Chauhan Course :- B.A LL.B(H) Section -B

INTRODUCTION The Wildlife Protection (Amendment) Bill, 2013 was recently introduced in India in order to facilitate stricter enforcement of laws to protect wildlife, in view of the increase in wildlife crime. The proposed amendments, as listed in the Statement of Objects and Reasons, relate to prohibition on use of animal traps except under certain circumstances, requirement of a grant of permit for scientific research, increase in punishment for wildlife offenses, making exemptions to allow certain activities such as grazing or movement of livestock and bona fide use of drinking and household water by local communities, and protection of hunting rights of the Scheduled Tribes in the Union territory of Andaman and Nicobar Islands The proposed Amendments have raised certain apprehensions. It has been mentioned that consultations with the Gram Sabha will take place before declaring any Scheduled Area as a National Park. However, provisions containing the requirement for monitoring of such consultations are missing, and this is liable to lead to severe gaps in accountability

HISTORY The first codified law in India which heralded the era of law for wild life protection was enacted in the year 1887 by the british which was titled as the “wild bird protection act,1887”. Though this act prohibited the possession or sale of specified wild birds, it did not prohibit killing. After which came the “wild bird and animal protection act,1912” which prohibited the capture, killing, selling, buying or possession of specified birds and animals. This act was amended in 1935, the act was amended and provincial governments enabled to declare an area to be a sanctuary for wild birds and animals. Thus, wildlife preserves in Kaziranga (1926) and Hailey (now Corbett) national park (1936) were established.After which india gained its independence and there were no new laws until 1972.

Definitions Under The Act (Section 2) 1.)"Animal" includes amphibians, birds, mammals, and reptiles, and their young, and also includes, in the cases of birds and reptiles, their eggs. 2.)"Animal article" means an article made from any captive or wild animal, other than vermin, and includes an article or object in which the whole or any part of such animal has been used and an article made therefrom. 3.)"Trophy" means the whole or any part of any captive or wild animal (other than vermin) which has been kept or preserved by any means, whether artificial or natural. This includes: (a) rugs, skins, and specimens of such animals mounted in whole or in part through a process of taxidermy. (b) antler, horn, rhinoceros horn, feather, nail, tooth, musk, eggs, and nests. 4.)"Uncured trophy" means the whole or any part of any captive animal (other than vermin) which has not undergone a process of taxidermy. This includes a freshly killed wild animal, ambergris, musk and other animal products.

Wild Life Protection Act (1972) The act was passed by the parliament of India in 1972 to protect India's wildlife. According to the wildlife protection act of 1972, wildlife includes any animal, bees, butterfly, crustacean, fish and moth; and aquatic or land vegetation, which form part of any habitat. Example: lion, deer, crocodiles, whales, trees and shrubs in dense forests etc. Therefore, wildlife refers to living organisms (flora and fauna) in their natural habitats. But cultivated plants and domesticated animals are not included in wildlife.

OBJECTIVES 1. The main objective of the Act is to provide protection to wild animals, birds and plants. The Act empowers the Central Govt. to declare certain areas as Sanctuaries or National Parks. The Act prohibits hunting of wild animals; birds etc. and impose punishment.

2. Setting up and management of national parks and wildlife sanctuaries.

3. Before 1972 India only had five designated national parks.

4. Control of trade and commerce in wildlife, and wildlife products.

SALIENT FEATURES 1) Applicable all over India except Jammu and Kashmir which has its own Act. 2) It has six schedules which give varying degree of protection. 3) Schedule I and part II of schedule II provide absolute protection – offences under these are prescribed the highest penalties 4) Species listed in schedule I and schedule III are also protected but the penalties are much lower. 5) Schedules I,II,III & IV list different protected species, the killing or trade of which are prohibited. 6) Schedule V lists vermin which may be killed. 7) Schedule VI lists protected plants.

8) A schedule I offence can earn a repeat offender 6 years in prison and a fine of Rs. 25,000.

SANCTUARIES The state govt. By notification, may declare any area within the reserved forest or territorial waters as a sanctuary if it considers fit the area for protection and conservation of wild life. A sanctuary is a protected area of land, wetland or sea reserved for the conservation of wild animals, birds and plants. India has over 492 wildlife sanctuaries. These cover over 3% of India's total geographical area. Hunting of any kind is prohibited in sanctuaries. Private ownership rights over sanctuaries and limited human activities may be granted provided they do not interfere with the normal activities (feeding, nesting, breeding of wildlife)

NATIONAL PARKS The state govt. By notification, may declare an area whether within a sanctuary or not, is by reason of its ecological or other technical grounds needed to be constituted as a national, park for the purpose of protection, propagating or developing wild life. A national park is protected area of land in which a typical ecosystem with all its wild plants and animals are protected and preserved in natural surroundings. 1. ) As of April 2012, there were 102 national parks. Jim Corbett national park in Uttarakhand, established in 1936, was the first national park in India. 2. ) All national park lands then encompassed a total 39,919 km2, comprising 1.21% of India's total surface area

3. )A total of 166 national parks have been authorized. 4. Over 17 national parks and sanctuaries have been selected for project tiger to protect and increase tiger population in India.

HUNTING 1) It includes capturing, killing , poisoning , snaring or trapping any wild animals and every attempt to do so 2) Driving any wild animals for any of the purpose specified in sub clause

3) Injuring destroying or taking any body part of any animals, or in the case of wild birds or reptiles, disturbing or damaging the eggs or nests of such birds or reptiles

TAXIDERMY 1) Taxidermy means the curing, preparation or preservation of trophies 2) Trophy means the whole or any part of any captive or wild animal which has been kept or preserved by any means, whether artificial or natural. this include

3) Rugs, skins, and specimens of such animals mounted in whole or in part through a process of taxidermy 4) Antler, horns, rhinoceros horn, feather, nail, tooth , musk , eggs and nests

PENALTIES (Section 51) Penalties are prescribed in section 51. Enforcement can be performed by agencies such as the Forest Department, the Police, the Wildlife Crime Control Bureau (WCCB), the Customs and the Central Bureau of Investigation (CBI). Charge sheets can be filed directly by the Forest Department. Other enforcement agencies, often due to the lack of technical expertise, hand over cases to the Forest Department.

AMENDMENTS Wild Life (Protection) Amendment Act 1986 Wild Life (Protection) Amendment Act 1991 Wild Life (Protection) Amendment Act 1993 Wild Life (Protection) Amendment Act, 2002 Wild Life (Protection) Amendment Act 2006 Wild Life (Protection) Amendment Act 2013