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Wildlife Protection in India

This page provides an overview of wildlife protection laws in India, with a focus on the Wildlife Protection Act, 1972. It aims to serve as a valuable resource for law students and LLB students studying environmental law.

The Wildlife Protection Act, 1972​

The Wildlife Protection Act, 1972 (Act No. 53 of 1972) is a landmark legislation aimed at conserving India's rich biodiversity. The Act came into force on September 25, 1973, and has undergone several amendments since its inception.

Key provisions of the Wildlife Protection Act, 1972:

  • Section 2(i): Defines "wild animal" as any wild bear, wolf, leopard, tiger, panther, elephant, rhinoceros, gaur, bison, deer, antelope, nilgai, hyena, jackal, fox, monkey, civet cat, ratel, bear, hare, porcupine, loris, python, crocodile, turtle, tortoise, lizard, chameleon, frog, toad, fish, shellfish, mussel, oyster, snail, slug, earthworm, insect, crustacean, mollusk, or any part thereof.
  • Section 3: Prohibits hunting, capturing, or killing of wild animals except under certain circumstances.
  • Section 9: Empowers the Central Government to declare any area as a sanctuary or national park.

Case Law: T.N. Godavarman Thirumulpad vs Union of India (1997)​

In this landmark case, the Supreme Court of India ruled that forests are a natural resource and cannot be treated as private property. The court held that the Wildlife Protection Act applies to all forests, including those owned privately.

Legal Reference: AIR 1997 SC 2915

Illustration: The case established that even private forest owners cannot engage in activities that harm wildlife, setting a precedent for conservation efforts across India.

The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006​

This Act aims to recognize and vest forest rights in forest-dwelling communities. It provides a framework for protecting traditional livelihoods while promoting sustainable forest management.

Key provisions:

  • Section 4: Recognizes the right of forest-dwelling communities to hold and live in forest land.
  • Section 11: Provides for the creation of Village Forest Resource Committees to manage village forests.

Case Law: Narmada Bachao Andolan vs Union of India (2011)

The Supreme Court upheld the constitutionality of the Forest Rights Act, ruling that it was a valid exercise of legislative power under Article 244(1) of the Constitution.

Legal Reference: (2011) 8 SCC 639

Illustration: The case affirmed the government's ability to balance tribal rights with environmental protection goals, demonstrating the Act's effectiveness in addressing conflicts between indigenous communities and conservation efforts.

Conclusion​

Wildlife protection in India is a complex issue that requires balancing human needs with environmental conservation. The Wildlife Protection Act, 1972, along with supporting legislation and judicial interpretations, forms the cornerstone of India's wildlife conservation efforts.

As law students and LLB students delve deeper into environmental law, it's crucial to understand the interplay between statutory laws, case law, and policy initiatives in shaping India's approach to wildlife preservation.

Further Reading:

  • Ministry of Environment, Forest and Climate Change. (n.d.). Wildlife Protection Act, 1972.
  • Indian Kanoon. (n.d.). Wildlife Protection Act, 1972.