Brief: Wildlife Protection Act, 1972

Introduction

The Wildlife Protection Act, 1972 (hereinafter mentioned as WPA) is an act which was passed by Parliament of India on August 12, 1972, but it was implemented later on September 9, 1972. The Wildlife Protection Amendment Bill was introduced in Rajya Sabha on August 5, 2013, which has the provision of imprisonment for up to 7 years for poaching or hunting of wild animals.

The main purpose of this act was to protect plant and animal species. This act includes a comprehensive list of endangered wildlife species and plants. The WPA consists of 60 sections and VI schedules divided into eight chapters.

The Government of India passed the act with the following objectives:

• Prohibition of Hunting.
• Establishment of Protected Areas such as Sanctuary, National Park, etc.
• Prohibition of Trading of wild animals and their derivatives.
• Management of Zoos
• Protection and Management of Wildlife Habitat.

Under section 3 and 4 of this Act, the Central and State Government has the power to appoint a Director and Chief Wildlife Warden, both of them can delegate their power to any other subordinate( section 5 of this act).

Any wild animals specified in Schedule I, II, III, and IV (except in sections 11 and 12 of this act) are prohibited from hunting as per section 9. Any violation under this section will be punished as mention in section 51.

Boards and Authority

The Boards and Authority which comes under the jurisdiction of the act are:

• NATIONAL BOARD FOR WILDLIFE ( Section 5 A): which consists of 47 members including Prime Minister as Chairperson and Minister of Environment as Vice-Chairperson.

• STATE BOARD FOR WILDLIFE (Section 6):- comprises 31 members, with Chief Minister of State as Chairperson (in case of Union Territory either Chief Minister or Administrator) and Minister in charge of Forest and Wildlife as Vice-Chairperson.

• CENTRAL ZOO AUTHORITY (Section 38A):- constituted by Central Government, included 12 members.

• NATIONAL TIGER CONSERVATION AUTHORITY ( Section 38L):- embodies 29 members constituting Minister in Charge of MoEF as Chairperson and Minister of State in MoEF as Vice-chairperson.

• WILDLIFE CRIME CONTROL BUREAU ( Section 38 Y):- consists of 6 members, with Director Ex-Officio as Director of Wildlife Preservation.

Under WPA, no civil court has jurisdiction in respect of any matter (section 58Q) and when there is any suit to be tried under Code of Civil Procedure, the competent authority and the Appellate Tribunal shall act with all the power of the civil court.

Punishment

Any violation under this act will be punished by agencies like:-

• The Police
• The Crime Bureau of Investigation
• The Forest Department
• Customs

Charge Sheet is filed by The Forest Department. If other agency i.e, The Police, The CBI, and Customs encounter any violation of code under this act, they will handover the case to the Forest Department.