wildlife protection act, 1972 notes

ADVERTISEMENTS: Summary of Wildlife Protection Act (1972) of India! Reworked from Critical Ecosystem Partnership Fund (CEPF) Report May 2007*. Any change in the wildlife population can have an adverse impact on the ecology of the country as well as the globe. If you found any in this website, please report us at [email protected]. It has six schedules which … The Convention on International Trade in Endangered Species[53] is one of the major laws, that attempts to provide protection of species from illegal trade. GK, General Studies, Optional notes for UPSC, IAS, Banking, Civil Services. Among other reforms, the Act established schedules of protected plant and animal species; hunting or harvesting these species was largely outlawed. Chapter 1. 2020. Hence, picking and destroying certain plants are also prohibited in the Act, with certain exception to scheduled tribes for personal use. The […] [4] Along with that there were certain other regulations that protected specific animals and marine life in selected territories. Section 35 to 38 talks about National Parks. 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. Article shared by . [11] Hence, strict statutory measures are necessary to control such acts of anti-social elements. The Supreme Court of India has accepted the existence of certain fundamental rights for animals too, including right to life. 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. The Wild Birds and Animals Protection Act, 1935 has become completely outdated. 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]. [28], The Wildlife (Protection) Act, 1972 also provides for creation and maintenance of specific areas for the protection and propagation wildlife and environment. [online] Available at: https://www.nationalheraldindia.com/environment/wildlife-population-declined-by-68-since-1970-wwf  [Accessed 9 January 2021]. Further, the then existing state legislations were felt inadequate in order to protect the wildlife of the country. Among other reforms, the Act established schedules of protected plant and animal species; hunting or harvesting these species was largely outlawed. Available at: https://www.traffic.org/site/assets/files/6284/handbook-wildlife-law-enforcement-india.pdf, [12] Article 51A(g), The Constitution of India, [13] Article 48A, The Constitution of India, [14] Animal Welfare Board Of India vs A. Nagaraja & Ors (2014) 7 SCC 547 Available at: https://indiankanoon.org/doc/39696860/, [15]See Abdulkadar Mohamad Azam Sheikh V State of Gujarat Available at: http://awbi.in/awbi-pdf/caged_birds_order_gj_hc.pdf and People for Animals v MD Mohazzim and Anr CRL. 11. The Act is divided into VII Chapters with 66 sections. act,1972 & Its importance. 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 . M.C. 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/. [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. (1) Appointment of Director, Chief Wildlife Warden and Other Offic­ers: According to Section 3 of this Act, the Central Govt. 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. 1. Preliminary, Chapter 2. Apart from such officers, it also provides for National and State Boards for effective execution of provisions of the act. [36] The law also set up a Wildlife Crime Control Bureau for collecting details and investigating the offences against wildlife. The Act was necessitated as some wild animals and birds had become already extinct while some others were on the verge of extinction. Animals included Schedule are provided for total protection from hunting and the trade and commerce related to such animals are strictly regulated. Wild life was considered to be an integral part of the cultural inheritance of India. India is the first country in the world to have made provisions for the protection and conservation of environment in its constitution. The Wildlife Protection Act, 1972 is an Act of the Parliament of India enacted for the protection of plants and animal species. 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]. 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). INDIAN WILDLIFE PROTECTION ACT 1972 1. India took big step by enacting The Wildlife (Protection) Act in 1972. Subscribe to our newsletter and get all updates to your email inbox! [7] See World Wild Fund For Nature India vs Union Of India And Ors. [8] IUCN. Setting up of a Central Zoo Authority. Chapter V and V A (Sections 39 to 49C) prohibits the trade on wild animals and trophies. However, certain trade and transportation of species is between countries for the academic developments as well as to find the best mode of preservation. section 15; Crown land. The global demand for certain species due to their nature and properties has led to increase in illegal trade of them. Broadly speaking the amendment provides the follows: 1. 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. 3. OUR ENVIRONMENTAL SCIENCE PROFESSOR 2. may appoint: ADVERTISEMENTS: (a) A Director of Wild Life Preservation (subordinate to the Central Govt.) The Wildlife Protection Act, 1972 is an Act of the Parliament of India enacted for protection of plants and animal species. 9. 54 (1994) DLT 286 Available at : https://indiankanoon.org/doc/673546/. 53 of 1972 - 9 th September, 1972, as modified in 1991 ) An Act to provide for the protection of [Wild animals, birds and plants] and for matters connected therewith or ancillary or incidental thereto. [51] In the matter between Moti Lal vs Central Bureau Of Investigation[52] court has provided for use of CrPC in investigation of wild life offences unless specifically contradicted. The WildLife (Protection) Act, 1972. 7. WILDLIFE PROTECTION ACT The Wild Life Protection Act, 1972 is an Act of the Parliament of India enacted on 9th September, 1972. [25] The plants specified are considered as government property. Illustration As per this Section, the Central Government has the power […] PublishYourArticles.net - Publish Your Articles Now, Copyright infringement takedown notification template. In this lecture i have discussed wildlife protection act in brief for state forest service exam UPSC, MPSC, upsc capf, Currently only Common crow, Fruit Bats, Mice and Rats come under this. National Pleasure Resorts Act Amendment Act 1960. Hence, an attempt is made here to provide a holistic overview of The Wild Life (Protection) Act 1972, along with certain important case laws. [29] There is prohibition to cause fire,[30] enter with weapons[31]or injurious substances[32] to these areas. Included all the chapters. 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. 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. [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. the Wildlife Protection Act,1972 protect the Wildlife for humans attac k similarly the humans also need to be protected from such wild animals attack. 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. Prior to Wildlife Protection Act of 1972, India only had five designated national parks. ADVERTISEMENTS: The major activities and provisions in the act can be […] 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. Chapter III and IIIA (Sections 9 to 17H) can be considered as the heart of the Wildlife (Protection) Act 1972. Convention on Biological Diversity[55] provides for sustainable use of earth’s resources and protection of species. 2 [***] CHAPTER 1 Preliminary 1. [27] Exceptions are also provided for scientific study and preservation. Here, ‘wild animal’ and ‘wild life’ is considered as different as former refers to specified animals in Schedule I to IV[18] and later refers to any animal that form part of any habitat. 2 [***] CHAPTER 1 Preliminary 1. Among other reforms, the Act established schedules of protected plant and animal species; hunting or harvesting these species was largely outlawed. Wildlife (protection)act,1972-environmental studies Slideshare uses cookies to improve functionality and performance, and to provide you with relevant advertising. The operation of the Act is mandatory}’ in the Union Territories too. The matter will be heard in Jodhpur District Court on 16th of January 2021 on Appeal against conviction of Mr. Salman Khan. Articles made of Peacock feather are also exempted specifically. [14] Various High Courts has also admitted the same and provided certain guidance on such duties. [online] Available at: https://www.iucn.org/asia/countries/india  [Accessed 9 January 2021]. Thus our constitution includes environmental protection and conservation as one of our fundamental duties. [34], Section 18 to 34 deals with the creation and maintenance of sanctuaries. NGOs like WWF-India and Traffic-India will make available technical and legal guidance when needed. [22] The charging provision under the Wildlife (Protection) Act, 1972 in the “blackbuck” was this. The compensation clauses under Wildlife Protection Act,1972 will help for the humans who gets attacked through wild animals. Attempt to Protect India’s Wild life. Statute Law Revision Act 1935. Handbook On Wildlife Law Enforcement In India. Prior to Wildlife Protection Act of 1972, India only had five designated national parks. Content Guidelines 2. Published on 29/05/2012. It extends to the whole of India. India being a diverse geography, home to 7 to 8 percent of all recorded species[8] on earth, is a major concern in the eyes of world, when it comes to the matter of 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 … The Wildlife Protection Act, 1972 is an Act of the Parliament of India enacted for protection of plants and animal species. An Amendment bill was introduced in the Rajya Sabha in 2013 and referred to a Standing Committee, but it was withdrawn in 2015. The Convention on Wetlands of International Importance[56] focuses on conservation and sustainable use of wetlands and its resources. 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. 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. 5764 OF 2011, Available at: https://indiankanoon.org/doc/82843898/, [49] Criminal Revision Petition Nos.633 of 2006, 905 of 2006, 906 of 2006 & 907 of 2006 Available at: https://www.legitquest.com/case/state-of-rajasthan-v-salman-khan-others/EA534, [50] Appeal (civil) 7533 of 1997 Available at: https://indiankanoon.org/doc/1231613/, [51] Appeal (civil) 7536 of 1997 Available at: https://indiankanoon.org/doc/53127/, [52] Appeal (crl.) Disclaimer Copyright. means— (a) unalienated land of the Crown; or n.d. India. [44] Cancellation of licences or permits issued can also take place under certain cases. Before 1972, India only had five designated national parks. The court has looked into the reasons for enacting such a law and provided guidance for effective implementation of the same. 2. Chapter 1. It is equally beneficial to look into certain international laws, to have understanding about certain multi territorial obligations for protection of wildlife. The Act was amended several times and the Central Government is planning to bring one more in the near future. In process of amending wildlife act: Centre. 2(16) of Wildlife Protection Act, 1972 defines the word hunting. Restrictions on entry to such specific areas are given in the Act. [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/. To protect many animal and plant species, the Parliament of India enacted the Wildlife (Protection) Act in the year 1972. Legislation amended by principal Act. This was the first umbrella act which established schedules of protected plant an. Hence, the Wildlife (Protection) Act, 1972 is a major step that promotes sustainable development in its best form. 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. On 5th June 1972: UN Conference on Human Environment in Stockholm. Short title, extent, and commencement, - (1) This Act may be called the Wildlife (Protection) Act, 1972. Greater protection to wildlife through prohibiting hunting of wild animals other than vermin. Its primary aim is to curb the illegal trade in wildlife and the derivative parts. Short title, extent, and commencement. Wildlife protection act 1972 Introduction Wildlife Protection Act 1972 was passed on August 21, 1972, but was later implemented on September 9, 1972. The infamous blackbuck poaching controversy associated with Bollywood super celebrity Salman Khan is still in minds of people of India. [37], One of the major objectives of the Wildlife (Protection) Act, 1972 is to regulate the illegal trade and associated activates on wild animals. Wildlife (Protection) Act, 1972 has been accepted and adopted by all the states. By this act, hunting or harvesting these s. GK, General Studies, Optional notes for UPSC, IAS, Banking, Civil Services. Written by Dr. Yashpal Singh | 0. 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. 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). 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. The habitat destruction due to agriculture, industries, urbanisation and other human activities had led to the erosion of the country’s wildlife. (B) A Director of Wild Life Preservation (subordinate to the […] [26] No one without proper license can even cultivate these plants. [19] The law has made a clear separation between wildlife and animals that can be domesticated. Before 1972, India only had five designated national parks . Some of the important Acts passed by the Government of India are discussed here. Available at: https://eparlib.nic.in/bitstream/123456789/1122/1/lsd_05_05_21-08-1972.pdf. Constitutional Provisions. The Wildlife (Protection) Act of 1972 provides the basic framework to ensure the protection and management of wildlife. Protection ) Act of the Parliament of India is allowed, it may endanger Wildlife... Are considered as the heart of the blackbuck poaching Case: Salman exempted. [ 19 ] the law has special provisions for Protection of plants and animal species and! 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wildlife protection act, 1972 notes 2021