On 21st August 1972, the Wildlife Protection Act was passed. This act was later implemented on 9th September 1972.
Laws related to wildlife have been a part of our history, long before the Wildlife Protection Act was passed. The need to protect our wildlife has come from the awareness to restore the crucial ecological balance in nature, least it result in a catastrophe produced by humans, which will inflict nature and ultimately humans. The oldest law to protect wildlife and nature can be found in the 3rd century BC when Ashoka, the king of Magadha put in place a law to preserve wildlife and environment.
The first codified law for the protection of wildlife was introduced by the British in 1887, which enacted the Wild Birds Protection Act 1887. The British Government used this act to formulate rules forbidding the possession and sale of any wild birds which may have been captured or killed during the breeding season. In 1912, the British again passed a new law called the Wild Birds and Animals Protection Act 1912, which in the long run was unable to protect the wild birds and animals. In 1935, the act of 1912 was amended by the Wild Birds and Animals Protection (Amendment) Act 1935.
The struggle for Independence saw the issue of wildlife protection shifted to the back burner, but shortly after Independence the Constituent Assembly placed “Protection of Wild Birds and Wild Animals” in the state list and the state legislature was given power to legislate. It was ultimately not until 1960 that the issue of diminishing wildlife came to the forefront again.
The Wildlife Protection Act of 1972 is essentially an Indian Legislation executed by the Indian Parliament for the protection of various species of plants and animals. Before this act was passed India only had five designated national parks and the coming of this act saw the establishment of protected plant and animal species and poaching and harvesting in these areas were strictly prohibited and considered illegal.
This act makes a provision for the protection of wild animals, birds and plants and this act applies to all parts of India, except Jammu and Kashmir, which has its own wildlife act. The Wildlife Protection Act is divided under six schedules which provide different degrees of protection. Schedule 1 and part 2 of Schedule 2 provide complete protection and any violation under these calls for the highest punishment. Species mentioned in Schedule 3 and 4 are also protected, but the penalty associated with violation is much less. Schedule 5 includes animals which may be hunted and plants listed under Schedule 6 are forbidden from being cultivated or planted.
The Wildlife Protection Act of 1972 prohibits the capturing, killing, poisoning or trapping of wild animals. This act also includes injuring, destroying and removing any part of a wild animal’s body. In the case of wild birds and reptiles, the act forbids disturbing or damaging their eggs. The act 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.
Penalties for any violation under any Schedule can be carried out by agencies like the Police, The Central Bureau of Investigation, The Forest Department and the Customs. Charge sheets are filed by The Forest Department and other agencies who encounter violators usually hand over the case to the Forest Department.
In 2002 an amendment in the Wildlife Protection Act of 1972 was made. This act was known as the Wildlife (Protection) Amendment Act 2002. This amendment came into force in January 2003 and under it, punishment for defaulters is harsher. Under this amendment if one is caught in the process of trade of animal trophies and other articles derived from wild animals they will be subject to three years of imprisonment and/or a fine of Rs. 25,000.
As of April 2012, India today has 102 national parks and 166 more have been authorized. These protected areas provide a safe and natural environment for wild animals and birds to live safely in their natural habitat without the fear of being hunted or poached.
Also on This Day:
1790: Dindigul was captured by the British troops under General Meadows.
1931: Pandit Vishnu Digambar died.
