The Wildlife Protection Act 1972: A Comprehensive Guide

In a noteworthy recent development, Kerala has called upon the Union Government to modify the Wildlife Protection Act 1972 to deal with mounting human-wildlife conflicts in the state. This call underscores the changing challenges of wildlife conservation.

• 273 out of 941 villages were recognized as human-wildlife conflict areas.
• 919 fatalities and 8,967 injuries from 2016-2025.
• High-priority problem species: Tigers, leopards, elephants, wild boars, bonnet macaques, peafowl, etc.
   

What is the Wildlife Protection Act 1972

The Wildlife Protection Act, 1972, is formally enacted as "An Act to provide for the protection of wild animals, birds and plants and for matters connected therewith or ancillary or incidental thereto to ensure the ecological and environmental security of the country". The Act applies to the entire country of India, although initially it did not apply to the state of Jammu and Kashmir until recent reorganization (Now Applicable to the Entire India). From being a simple protective measure to becoming a comprehensive framework for managing human-wildlife conflicts, this Act has evolved dramatically over five decades.

Pre-Independence Wildlife Legislation:

India's gamble with wildlife conservation did not start in 1972. The British regime, having understood the mass extermination of wildlife for hunting, brought forth various legislations:

• Wild Birds Protection Act, 1887: The initial law banning the possession and sale of certain wild birds during breeding periods.
• Wild Birds and Animals Protection Act, 1912: Extended protection to animals and was amended in 1935.
• Indian Forest Act, 1878: Provided a framework for forest conservation.
• Indian Fisheries Act, 1897: Regulated fishing activities.

Post-Independence Crisis

Following India's independence, the crisis grew severely. The arrival of automobiles and high-powered guns sped up wildlife annihilation. The government, to safeguard crops from wild creatures, freely handed out guns to farmers, leading to extensive wildlife annihilation. Between 1947 and 1951, there was widespread wildlife annihilation all over India, resulting in the extinction of the cheetah in 1951.

The Turning Point: 1960s-1970s

The wake-up call in the 1960s, when India had only five national parks, was too late. The IUCN General Assembly meeting held in Delhi in 1969 set serious alarms ringing regarding threats to wildlife and wilderness reduction in India. This was followed by a national ban on tiger hunting in 1970, paving the way for far-reaching wildlife legislation.

Constitutional Foundation

The Act derives its power from India's Constitution:

• Article 48A: Inserted by the 42nd Amendment in 1976, requiring states to safeguard and improve the environment and protect forests and wildlife.
• Article 51A(g): Places a basic obligation on citizens to preserve and enhance the natural environment that includes wildlife
• 42nd Amendment Act, 1976: Relocated "Forests and Protection of Wild Animals and Birds" from the State List to the Concurrent List

Enactment and Aims

The Wildlife Protection Act was passed on September 9, 1972, and became India's most detailed wildlife conservation act. The Act was enacted under Article 252 of the Constitution, which provided for Parliament to enact legislation regarding State List items if two or more states enacted resolutions in their legislatures.

Primary Aims:

• Conservation of threatened species.
• Control of hunting practices.
• Regulation of wildlife trade.
• Creation of protected lands (National Parks, Wildlife Sanctuaries, and Reserves).
• Deterrence against the poaching and smuggling of wildlife.

Major Provisions and Organization of the Act 

Schedule System: The Soul of Protection

The Act established six schedules offering different levels of protection to plants and animals.

Protected Areas Framework

The Act created five categories of protected areas.

1. Wildlife Sanctuaries

• Places where endangered species are safeguarded from hunting and poaching.
• Declared by the state governments by notification.
• Regulated by the Chief Wildlife Warden.
• Human activities are restricted to some extent.
• Boundaries can be changed by a State Legislature Resolution.

2. National Parks

• Regions designated by the government to protect the natural environment.
• A greater level of protection compared to sanctuaries.
• No human use permitted except research and regulated tourism.
• Fixed and demarcated boundaries.
• Cannot be reduced to sanctuary status.

3. Conservation Reserves

• Government buffer zones around parks and sanctuaries.
• Declared after taking advice from local people.
• Regulated by the Conservation Reserve Management Committee.
• The rights of people in these areas are not affected.

4. Community Reserves

• Reserved on private or community land.
• Regulated by Community Reserve Management Committees.
• Ownership of land is with the community individuals.
• Remains protective of traditional conservation values and practices.

5. Tiger Reserves

• Special tiger reserves for tiger conservation.
• Contain core areas and buffer zones.
• Formed under Section 38V of WPA through the 2006 amendment.
• Regulated by the National Tiger Conservation Authority.
• Every reserve needs a Tiger Conservation Plan.

Major Institutional Agencies Formed through the Wildlife Protection Act 1972

The Wildlife Protection Act (WPA), 1972 is India's main legislation for wildlife conservation, forming a number of important institutional agencies that are the backbone of the country's wildlife protection mechanism.

1. Central Zoo Authority (CZA)

The Central Zoo Authority came into existence in 1992 under Section 38A of the Wildlife Protection Act as a statutory organization under the Ministry of Environment, Forest and Climate Change. The CZA is headed by the Environment Minister and consists of ten members and a Member Secretary.

Major Functions:

• Identifies and regulates all Indian zoos.
• Imposes minimum standards for animal care and management.
• Coordinate captive breeding schemes for endangered species.
• Offers technical and financial assistance to eligible zoos.

2. National Board for Wildlife (NBWL)

Formed under Section 5A of the WPA 1972, the NBWL succeeded the Indian Board for Wildlife in 2002. Chaired by the Prime Minister of India, this top-tier body focuses on its highest jurisdiction in wildlife management.

Main Responsibilities:

• Provides policy guidelines to the Central Government on wildlife conservation.
• Sanction projects within and outside the vicinity of National Parks and Wildlife Sanctuaries.
• Carries out environmental impact assessments for projects impacting wildlife.
• Assesses and oversees wildlife conservation achievements countrywide.

3. National Tiger Conservation Authority (NTCA)

Formed in December 2005 through Section 38L(1) of the WPA, the NTCA gives statutory support to tiger conservation activities commenced through Project Tiger in 1973.

Key Functions:

• Administers tiger reserves in India.
• Examines and sanctions state tiger conservation plans.
• Offers technical and legal assistance in tiger conservation.
• Trains forest officers in advanced tiger protection methods.
• Supervises tiger numbers and habitat health.

4. State Wildlife Advisory Boards

Under Section 6 of WPA 1972, every state is required to have a Wildlife Advisory Board. The boards are normally headed by the Forest Minister or the Chief Secretary and consist of legislative members, forest officers, technical specialists, and community representatives such as tribal members.

Advisory Function:

• Suggests areas to be declared as Wildlife Sanctuaries and National Parks.
• Develops state-level wildlife conservation policies.
• Resolves tension between forest people and wildlife conservation.

Wildlife Protection Amendment Act, 1982

• Strengthened the fines and penalties for wildlife crimes.
• Eliminated the necessity of "previous permission of the State Government" to allow the Chief Wildlife Warden to issue permits for special reasons.
• Increased protection for endangered species.
• Altered provisions concerning hunting permits and wildlife trade regulations.

Wildlife Protection Amendment Act, 1986

• Still further consolidated the enforcement provisions of the Act.
• Introduced stricter laws regarding wildlife trade and ownership of wildlife products.
• Improved penalties for contravention of the provisions of the Act.

Wildlife Protection Amendment Act, 1991

• Initiated provisions for the conservation of listed endangered species.
• Enhanced penalties against wildlife offenses.
• Amended provisions concerning the hunting of wild animals in some instances.

Wildlife Protection Amendment Act, 1993

• Greater protection of plants and animal species.
• Tougher regulations for wildlife trade.
• Added more severe penalties for non-compliance.

Wildlife Protection Amendment Act, 2002

• Added the idea of community reserves and conservation reserves as protected areas
• Set up the National Board for Wildlife in place of the Indian Board for Wildlife.
• Established provisions for improved management of protected areas
• Greater protection of endangered species and their habitats

Wildlife Protection Amendment Act, 2006

• Handled human-wildlife conflict problems.
• Established the National Tiger Conservation Authority (NTCA) to protect and regulate tiger reserves.
• Formed the Tiger and Other Endangered Species Crime Control Bureau to handle wildlife crimes.
• Improved anti-poaching practices and conservation of habitats.

Wildlife Protection Amendment Act, 2022

• Altered the preamble from "protection of wild animals, birds and plants" to "conservation, protection and management of wildlife"
• Decreased the number of schedules to four:
• Schedule I: Animal species with the highest degree of protection.
• Schedule II: Animal species with a lower degree of protection.
• Schedule III: Plant species that are protected.
• Schedule IV: Specimens contained in the Appendices under CITES.
• Enacted provisions of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).
• Added provisions for the administration of Wildlife Sanctuaries through Advisory Committees with the Chief Wildlife Warden, legislative members, wildlife NGOs, and Panchayat Raj institutions.
• Granted the powers of regulation or prohibition on import, trade, possession, or spread of invasive alien species to the central government.
• Relaxed regulations on the grazing of cows and the utilization of water for drinking by residents dwelling within protected regions until they are resettled elsewhere.
• Strengthened punishment: raised the maximum penalty for general offenses from Rs. 25,000 to Rs. 1 lakh, and for specially protected species from Rs. 10,000 to Rs. 25,000.
• Amended the meaning of 'zoos' to include space for ex-situ conservation, rescue facilities, and breeding facilities.
   

Project Tiger

• Launch Year: 1973
• Governing Authority: National Tiger Conservation Authority (NTCA).
• Strategy: Core-buffer approach for habitat protection.
• Coverage: 53 tiger reserves with an area of about 2.23% of India's total geographical area.
• Success Metric: Tiger population rose from 1,800 (1972) to more than 3,600 (recent estimates).
• Legal Framework: Centrally sponsored scheme under WPA provisions.
• Management: Strict protection within core areas, along with sustainable development in buffer areas.

Project Elephant

• Launch Year: 1992
• Implementing Ministry: Ministry of Environment, Forests, and Climate Change.
• Scheme Type: Centrally sponsored scheme.
• Infrastructure: 33 elephant reserves covering 80,778 km².
• Corridor Development: 88 corridors identified for safe animal movement.
• Focus Areas: Anti-poaching measures and human-wildlife conflict mitigation.
• Conservation Approach: Habitat protection and population management.
• Challenges: Habitat limitations and small population size.
• Management: Habitat improvement and intensive monitoring.

Project Dolphin

• Announcement: By the Prime Minister of India, Narendra Modi, in 2020.
• Time Frame: 10-year programme
• Targeted Species: Dolphins that live both in the rivers and the sea.
• Main Focus: Gangetic River Dolphin (national aquatic animal).
• Conservation Strategy: Habitat restoration and pollution control.
   

Conservation Successes

• 5 national parks in 1970; today there are 107 national parks and 573 wildlife sanctuaries.
• There are tremendous increases in the number of tigers, elephants, rhinoceroses, and other endangered species.

The Legal and Institutional Framework

• Full Coverage: The Act covers ecosystems on land, in freshwater, and in the ocean.
• Strong Enforcement Capability: The creation of specialized agencies like the WCCB has made it much easier to enforce the law.
• Scientific Management: Planning programs for conservation has been made with scientific research and monitoring in mind.
• Community Participation: It acknowledges the part that local communities play in protecting through Community Reserves.

Monetary and Social Gain

• The protected parks benefit greatly from the enormous revenue generated by ecotourism.
• Natural labs for scientific research are found in protected areas.
• Carbon sequestration and climate stability are achieved through the conservation of forests.
   

• Human-Wildlife conflict: Increased conflict where the wildlife habitat meets the human settlements.
• Resources: Money is not being channeled towards the effective running and enforcement.
• Enforcement Gaps: Poor staff and infrastructure in remote locations.
• Illegal Trade: The Trade is carried out in violation of the stringent legislation.
• Climate Change: Altering habitats and altering the dispersion of species, adaptive management needs to be utilized.
• Invasive Species: There should be enhanced provisions in the sector of invasive alien species.
   

The Wildlife Protection Act, 1972, is more than half a century of India's unflinching dedication towards biodiversity conservation. From the brink of extinction to leadership of conservation worldwide, the Act has been the cornerstone of an unparalleled reversal.

As we face new challenges like climate change and urbanization, the principles embedded in this Act—protection, conservation, and sustainable management—are more relevant than ever. The tiger recovery success stories, the expansion of protected areas, and community participation are heartening examples of what has been achieved when conservation was a national priority.