WILDLIFE PROTECTION IN INDIA

HISTORICAL VALUE OF WILDLIFE

In the 1600’s, at the time when the pilgrims arrived, wildlife was abundant and was enough meet the needs of the people, which later turned needs into wants, and led to over utilization the use of natural resources for profit.

WILDLIFE PROTECTION DURING ANCIENT INDIA

In India wildlife protection and management is marked to be an old practice. The ancient scripts contain a number of phrases in praise of wildlife creatures. The Hindu Dharma is always seen to connect and link some specific animals with specific God and Goddess; viz. Python linked with God Vishnu, God Shiva is paired with snake, lion is associated with Devi Durga and swan is connected with Goddess Saraswati this way for linking animals with God has resulted as one of the best way for protection of wildlife⁹. In primeval India man had recognized and was aware of the importance and conservation of animals and their side by side existence with human life, because of which animals were worshiped, protected, nurtured and loved. Every God and Goddess in India has been linked with either one of the animal which is respected and worshiped along with the God with equal importance. A huge number of ancient scripts, paintings and art work reflect the worship, love and respect of man for the animal kingdom. According to sacred holy Indian scripts and literatures such as Ramayana, Gita and Mahabharata, that always educates the fellow humans on how, they should always show sympathy, mercy and dignity towards all living creatures by avoiding cruelty and spreading love and respect with loyalty. A number of different communities in the various parts of the Indian country still have that same respect and the base of protect for wildlife kingdom.

WILDLIFE IN MEDIEVAL INDIA

Archaeological evidences such as animal skeleton have been found which indicates what would have happened previously with the wildlife and a brief idea regarding the differences and changes that occurred in culture, land and habits of man. There are perfect evidences which give a solid proof about the massive rice production in various parts of India, where rice was cultivated. During this time period wildlife was being consumed as a prime item of meat as a part of food for living by a large number of communities of the Harappa civilization. Skeletal bones and remains of wild animals were excavated in huge number including animals like the wild rabbit, cheetah, and fox; the Indian one-horned rhinoceros, huge elephants, etc. A huge amount of animal remains and skeletons were also excavated from the Indus valley during the time of Mohenjo-Daro civilization.

WILDLIFE DURING MUGHAL REGIME

Mughals seemed to be very concerned regarding the conservation of environment they had a huge affection for beautiful gardens, magnificent orchards and parks around their palace and constructions which lead to increase in greenery and habitat for animals. Akbar had a religious policy completely based on tolerance which also showed his tremendous concern regarding the conservation of animals and birds due to which endeavors were followed strictly in order to lessen down the number and nearly stop the brutal and irrelevant killing of wildlife. Mughal court also patronized the usage of animal kingdom as relevant and important segment in the creation of portraiture and landscapes.

LEGISLATION ON THE ISSUE OF PRESERVING WILDLIFE IN INDIA

Wildlife preservation in India gains a huge importance due to its history and the stories of legends from the past centuries. In the third century B.C Kautilya was the one who first set down the written game laws in the history of India. Even after so many various measures taken to conserve wildlife it seems that protecting animals is only limited to particular species and leaving their habitats ignored behind. For the first time in 1878 Indian Forest Act, ventured to conserve some parts of the lands owned by the Government for the animals by announcing these lands as a reserved forest. In order to prevent wildlife extinction and realizing it’s the necessity Central Government and the State Government enacted several legislations. Later in 1972 the Government was able to actually bring the Wildlife protection act in action. This act prohibits illegal dealing and trafficking of endangered rare species of animals. However, not only restricting to this act but Indian Government has played a huge role by taking several measure for protection of the animal kingdom and launching various acts for animal conservation that is needed to be spoken in brief which has helped the country in maintaining its wildlife treasure.

In India various projects have been framed to protect certain species from the threat of Extinction which includes Project Tiger, Project Sea Turtle, Elephant, crocodile conservation project, one horned rhinoceros, Hangul (Red deer), cleaning of river Ganga for saving the Indo- Gangetic Dolphins, etc.

One horned Rhinoceros vision 2020 was laid down to protect them by Ministry of Environment and forests to increase their population by 2020. The illegal exploitation of these innocent species is the result of increasing production of medicines that are used as anti-ageing creams, asthma, high cholesterol levels, goiter, infertility, skin afflictions, etc. To protect and safeguard the rights of these animals and plants, certain action plans other than the above-mentioned act has been enforced by the government which needs stronger implementation forces for the impact that is nee of the hour. Few of them are mentioned below:

• Wildlife Protection Act 1972
• Mining and Mineral Development Regulation Act 1957
• Prevention of Cruelty to Animals 1960
• Water (Fisheries Act 1897
• Prevention and Control of Pollution) Act 1974
• Air (Prevention and Control of Pollution) Act 1981
• Forest Conservation Act 1980
• Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Rights) Act 2006
• Indian Forests Act 1927
• Environment Protection Act 1986
• Biological Diversity Act 2002

MEASURES BY GOVERNMENT OF INDIA FOR THE PROTECTION OF BIODIVERSITY

Including these specified conservation projects mentioned above for the animal kingdom, Government of India also initiated a few projects and measures that focused upon protecting the biodiversity and minimizing the mortality of highly endangered species of animals. Here mentioned are a few steps that Indian Government has taken for the conservation of wildlife and their protection⁵⁷:

• In the Wildlife Protection Act of 1972, Government of India created Protected Areas like National Parks, Sanctuaries and Community Reserves for the habitat of wildlife and declared punishments against those who are involved in the illegal hunting and
• Wetland (Conservation and Management) Rules 2010 were created for the purpose of protection of wetlands in India. Along with this Central Government also started the scheme called National Plan for Conservation of Aquatic Eco-System which is given right to provide assistance to the states for the proper management of all wetlands
  • Wildlife Crime Control Bureau was established in order to focus and close down the illegal trade of wild animals and rare endangered species.
  • Special organizations like Bombay Natural History society, Wildlife Institute of India, and Natural History and Salim Ali Centre for Ornithology are formed to conduct research on conservation and protection of
  • Government of India has banned the veterinary use of diclofenac drug to check the reducing number of Gyps vulture in
  • Indian Government also initiated the recovery of endangered species, which included animals like vultures in Punjab, hangul/stag deer in Jammu & Kashmir, Haryana and Gujarat, swiftlet in Andaman & Nicobar Islands, sangai deer in Manipur, snow leopard in Himachal Pradesh, Jammu & Kashmir, Arunachal Pradesh and Uttarakhand and NilgiriTahr in Tamil Nadu.
  • State government is also given technical and financial assistance to initiate better measures of conservation and protection for the rare endangered species.
  • The State Governments has increased the number and time of patrolling within and around the reserved areas and also strengthen the field formations.
  • Government of India started several patrolling strategies for the season of monsoon and focused mainly on the anti-poaching activities, also deployment of anti-poaching team was
  • Government of India constitutes National Tiger Conservation Authority, in order to provide strength to the tiger conservation.
  • In Karnataka, Maharashtra and Odisha the Special Tiger Protection Force (STPF) is established and deployed.
  • Government of India also made sure that e-surveillance is being started in Kaziranga National Park in borders of Ratapani Wildlife Sanctuary in Madhya Pradesh and Assam.

  There are many more projects and schemes initiated by the Government of India which you will be reading in brief further and also some more international projects, schemes that India has partnered by signing with its neighboring countries like Bangladesh and Nepal regarding the illegal trade of wild animals and specially conservation of animals such as tigers, leopards, etc. Along these wildlife schemes there are a number of other administrative, financial and legal measures which the Government of India is being taking for a bright future of wildlife within the country. In addition, due to the success of some projects and schemes such as the tiger project, elephant project, crocodile project, projects related to the Indian rhino and their poaching gave the Indian government a huge confidence in moving towards a more effective intact and blooming wildlife.

Wildlife Protection Act

Wildlife Protection Act, 1972 has been accepted and adopted by all the states. 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 9^th September 1972 and came to be known as the Wild Life (Protection) Act, 1972.

When this act was passed the wildlife protection subject was in State List and states were empowered to make law on it. The Parliament passed this Act using provisions in Article 252 of the Constitution²³

Salient features:

• This act has 7 chapters, 66 sections and 6 schedules for
• Any amendment to this act can be done on the recommendation of an expert committee,

o that has been put together by the Indian Board of Wildlife.

• The 6 Schedules of the Act specify the level of protection for different
• Schedule I and II are for endangered species, that deserve rigorous protection and the breach of these rules results in serious punishment.
• Schedule III and IV is for species that are not endangered, but the protection and punishments are equally
• Schedule V delineates the animal species that can be hunted, like deer or ducks, and the rules pertaining to their hunting.
• Schedule VI covers the protection and trade of medicinal plants as well as agricultural species of plants²⁴.

According to the Section 54 of the Wildlife Protection Act, the central government may by the information from the parliament can authorise the Director of Wildlife preservation or any other officer not beneath the rank of Assistant Director of Wildlife Preservation to accept payment of a sum of money by way of compensation of the offence done by that person, which such person have suspected to have committed.

According to Section 3 of this Act, the Central Government may appoint a Director of Wildlife Preservation, Assistant Directors of Wildlife Preservation and such other officers and

employees whenever necessary and required. According to Section 4, the State Government under the said Act can appoint Chief Wildlife Warden, Wildlife Warden, Honorary Wildlife Wardens and other officers and employees if necessary. As per Section 6 the State Governments and the Administrators in Union Territories could organize a Wildlife Advisory Board.

Duties of Wildlife Advisory Board (Section 8)

The Wildlife Advisory Board mainly originated to guide the state government in the following matters.

1. In the selection process of areas which can be signified as Sanctuaries, National Parks and Closed areas and the
2. In organization of the policy and provisions for the protection and conservation of wildlife and specified plants.
3. In any matter regarding to the amendment of any schedule;
4. In relation with the measure to be taken for coordinating with the basic requirements of the tribal peoples and other dwellers of the forests with the protection and conservation of wildlife;
5. In any other matter which is directly related to the protection of wildlife which may be mentioned to it by the state government.

Penalties under the Act

Section 51 of the Act sets out the penalties for the violation of its provisions. Penalties vary depending on: a) the Schedule of the animal(s) to which the offence relates; b) the area to which the offence relates (National Park, sanctuary, tiger reserve, core area of tiger reserve); c) the nature of the offence (hunting/altering the boundaries/ other offence); and d) whether the accused is a repeat offender.

• Minimum punishment prescribed under Section 51 of Wildlife Protection Act (1972), specifies minimum punishments for certain periods. However, it has been noticed that some of the courts are granting punishment less than the minimum punishment Re-Examination should be led against such orders. Judicial officers should also be sensible and aware about the minimum punishment prescribed.
  • Under Section 51(2): When a person is convicted of an offence under the Wild Life Protection Act (1972), the court in which the trial is being done related to the offence could order that any captive animal or derivative, in relation of which an offence has been taken place and any trap, tool, vehicle, vessel or weapon used in the commission of such offence should be surrendered to the State The above section also highlights the point that surrender of the property involved in the offence, is to be done only after conviction of the accused by the trial court. Surrender of property mentioned under Section 51(2) of the Act is not the same as surrendering of property obtained from illegal hunting and trade under Chapter VIA of the Wildlife Protection Act.

   

  • Under Section 57 of Wildlife Protection Act (1972) in certain cases: – if it is established that a person is in possession, custody or control of any captive animal, it could be supposed that such person is in unofficial ownership or custody of that However, it is also to be borne in mind that even with shifting of burden to the person guilty, the primary liability to prove the case beyond reasonable doubt will still be resting on the prosecution.

   

  Surrender of property obtained from illegal hunting and trade as mentioned under Chapter VIA is applicable in cases where the person has been convicted of an offence which is punishable with imprisonment for a term of three years or more.

The Wild Life (Protection) Amendment Bill, 2021

• The Wild Life (Protection) Amendment Bill, 2021 was introduced in Lok Sabha by the Minister of Environment, Forest and Climate Change on December 17, 2021.  The Bill amends the Wild Life (Protection) Act, 1972.  The Act regulates the protection of wild animals, birds and plants.  The Bill seeks to increase the species protected under the law, and implement the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).  Key features of the Bill include:
• CITES: CITES is an international agreement between governments to ensure that international trade in specimens of wild animals and plants does not threaten the survival of the species.  Under CITES, plant and animal specimens are classified into three categories (Appendices) based on the threat to their extinction.  The Convention requires countries to regulate the trade of all listed specimens through permits.  It also seeks to regulate the possession of live animal specimens.  The Bill seeks to implement these provisions of CITES.
• Rationalising schedules:Currently, the Act has six schedules for specially protected plants (one), specially protected animals (four), and vermin species (one).  Vermin refers to small animals that carry disease and destroy food.  The Bill reduces the total number of schedules to four by: (i) reducing the number of schedules for specially protected animals to two (one for greater protection level), (ii) removes the schedule for vermin species, and (iii) inserts a new schedule for specimens listed in the Appendices under CITES (scheduled specimens).
• Obligations under CITES:  The Bill provides for the central government to designate a: (i) Management Authority, which grants export or import permits for trade of specimens, and (iii) Scientific Authority, which gives advice on aspects related to impact on the survival of the specimens being traded.  Every person engaging in trade of a scheduled specimen must report the details of the transaction to the Management Authority.  As per CITES, the Management Authority may use an identification mark for a specimen.  The Bill prohibits any person from modifying or removing the identification mark of the specimen.  Additionally, every person possessing live specimens of scheduled animals must obtain a registration certificate from the Management Authority.
• Invasive alien species:The Bills empowers the central government to regulate or prohibit the import, trade, possession or proliferation of invasive alien species.  Invasive alien species refers to plant or animal species which are not native to India and whose introduction may adversely impact wild life or its habitat.  The central government may authorise an officer to seize and dispose the invasive species.
• Control of sanctuaries:The Act entrusts the Chief Wild Life Warden to control, manage and maintain all sanctuaries in a state.  The Chief Wild Life Warden is appointed by the state government.  The Bill specifies that actions of the Chief Warden must be in accordance with the management plans for the sanctuary.  These plans will be prepared as per guidelines of the central government, and as approved by the Chief Warden.  For sanctuaries falling under special areas, the management plan must be prepared after due consultation with the concerned Gram Sabha.  Special areas include a Scheduled Area or areas where the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 is applicable.  Scheduled Areas are economically backward areas with a predominantly tribal population, notified under the Fifth Schedule to the Constitution.
• Conservation reserves: Under the Act, state governments may declare areas adjacent to national parks and sanctuaries as a conservation reserve, for protecting flora and fauna, and their habitat.  The Bill empowers the central government to also notify a conservation reserve.
• Surrender of captive animals: The Bill provides for any person to voluntarily surrender any captive animals or animal products to the Chief Wild Life Warden.  No compensation will be paid to the person for surrendering such items.  The surrendered items become property of the state government.
• Penalties: The Act prescribes imprisonment terms and fines for violating the provisions of the Act.  The Bill increases these fines.

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