2. Contents:
Situation/Problems of Hunting Wildlife in India
Background of Hunting in India
The case of Hunting with the sections of the laws
Wildlife Act 1972
The solution with the sections of the laws
Comments about the solution and summary
3. Situation of Hunting Wildlife in India
India is home to around to 10% of the world’s species, including more than
45,000 plant species and more than 90,000 animal species. These species are
distributed throughout the country—essentially as Wildlife. These wildlife species
are prone to threats from anthropogenic activities.
Expanding human settlements, rapid deforestation, illegal animal trade, etc. were
on the rise after India gained independence. There were laws like the Wild Birds
and Animal Protection Act of 1912, but it was rarely followed. The punishment was
not severe enough to control crimes against Wildlife. Many a species faced the
danger of extinction, and yet others had become endangered. These are animals
like the Great Indian Bustard, the Indian Rhinoceros, Nilgiri Tahr, Himalayan snow
leopard, the Asiatic Lion, Bengal Tiger, Blackbuck, and many more.
There lied a need for a stricter law. A proper legal regulation was needed for the
protection and safety of these wildlife species. Hence the currently imposed
Wildlife (Protection) Act came into existence on September 9th, 1972.
4. Now days, Various forms of wildlife are hunted for valuables such as charms,
diablerie, souvenirs for many cultural values, superstition beliefs. The common
belief of eastern cultural traits view apex predators as a sign of power and
believed to possess magical powers and healing abilities, these views provide
the demand in the international market for the products like Ivory, skins, bones,
and horns of these Charismatic Animals.
About 7-8,000 hunters participated in different events killing animals, according
to Forest officials stood at the roads leading to the forest and pleaded with the
hunters that killing of animals and birds would destroy the ecological balance.
however, some hunters insisted that the hunting is festival which an integral
part of their culture.
These hunters use religion and culture as an excuse to go hunting. The
activity is not at all need-driven. They do not depend on wild meat for food and
existence. In fact, the hunting is not restricted to local tribes. Hunters from long
distances travel to reach the hunting destinations,”.
5. Types Of Wildlife Crimes
Wildlife crime can be defined as taking, trade
processing, movement, possession, or consumption of wild animals
and plants or their derivatives in infringement of any international,
national or regional legislation. Administrating cruelty to a wild
animal and the victimization of wild animals, both free-living and
captive creatures adjoin this definition.
As illegal wildlife trade is also known as a serious economic
offense because it involves immense amounts of money, Hunting
and illegal trade are known as a major wildlife offense. All other
offenses come under ancillary offenses like preparation, possession,
transportation, processing, types wild life crimes are irregular
trade, Hunting, Poaching,
7. Background of Hunting in India
Hunting has been a core part of human civilization since the beginning. It
became deeply embedded in human cultures along with agriculture, fishing
and gathering. Some of the oldest cave paintings also depict scenes of
hunting. Many of the Saharan Rock Art dating back to the Bubals period
between 10,000 BCE and 7,000 BCE, showcases several scenes of
hunting and the relationship between humans and animals.
Moving ahead to the Middle Ages and the colonial period, hunting has
been depicted in many paintings and later in photographs. In India, Mughal
paintings often depicted kings going out for hunting tours.
The Akbarnama has several scenes of Akbar’s hunting expeditions, often
assisted by his pet cheetahs. It was a symbol of power.
8. In the colonial power, The first law was Enacted by the British
Indian Government in 1887 called the Wild Birds Protection Act,
1887. The law sought to prohibit the possession and sale of
specified wild birds that were either killed or captured during a
breeding session.
A second law was enacted in 1912 called the Wild Birds and
Animals Protection Act. This was amended in 1935 when the Wild
Birds and Animals Protection (Amendment) Act 1935 was passed.
During the British Raj, wildlife protection was not accorded a priority.
It was only in 1960 that the issue of protection of wildlife and the
prevention of certain species from becoming extinct came into the
fore.
9. The case of Hunting with the sections of the laws
Wildlife Act 1972
The Wildlife Protraction Act came in existence in the year 1972,With an aim to provide
protection and proper management of wild animals, birds and other species. Over
view of Sections of this Act ,1972
The Wildlife (Protection) Act, 1972 currently consists of 7 chapters, its 66 sections and
six schedules. This Act has been amended 6 times till now—in 1982, 1986, 1991,
1993, 2002 and 2006. Chapter I
This preliminary chapter defines the applicability of this Law in India. It states that
this Act is applicable in the whole of India, except the region of Jammu and
Kashmir.
This Act also defines certain terms and gives a list of what may be deemed as an
“animal”, “animal article”, the wildlife advisory “Board”, “captive animal”, “closed
area”, “habitat”, “hunting” and similar terms.
10. Chapter II
This chapter prohibits the hunting of wild animals.
It gives permission to the hunting of animals but only in special circumstances, for example,
when it becomes dangerous to human life and property, or when it is diseased or disabled
beyond recovery. This is allowed only after rightful written permissions have been obtained.
It directs rules for using any wild animal for the purposes of education, scientific research without
killing and harming the wild animals.
Chapter IIIA
This chapter is about the protection of some specified plants.
It prohibits the picking, uprooting without permission, the possession and
cultivation, trading of specified plants without a license.
The specified plants are declared to be the property of State government.
11. Chapter IV
It states the rules for sanctuaries, national parks and closed areas.
This chapter details the conditions for the declaration of an area to be made
as a sanctuary, national park or closed area, the rules to be followed in these
areas, prohibits entry without permission, etc.
Chapter IVA
This chapter points out the directions of recognizing a zoo, the composition of
zoo authorities, their functions and regulations.
It states the rules for acquisitions of animals for zoos and forbids harming animals
Chapter V
This chapter is about restrictions on the trading of wild animals, animal articles
and trophies. It states wild animals to be State government property, bans
possession, trading, of these animals or their derivative parts.Chapter VA
It is about the ban in trading of animals, animal articles and trophies of certain
specified or scheduled animals.
12. Chapter VI
It regulates the prevention and detection of offences to Wildlife.
It grants the power of entry, searching, arresting and detention of the
offenders to the Chief Wildlife Warden or wildlife authorities.
It also lays out suitable penalties and punishments for offenders.
Chapter VII
This chapter mentions rules for other matters related to wildlife protection
and management.
It mentions the rules for appointments for public servants, no actions against
those authorities by whom any damage caused by doing anything that is in
good faith.
Other sections in this chapter talk about granting appropriate rewards,
acknowledgement of certain animals to be vermin, the power of Central and
state governments to make rules, protection of Rights of the Tribal
communities, etc.
13. LEGISLATIVE DEPARTMENTS
AUTHORITIES APPOINTED UNDER THE ACT The Central
Government may appoint:-A Director of Wild Life preservation.
Assistant Directors of Wild Life preservation. Other officers
and employees may be necessary.
The State Government may appoint:-A Chief Wild Life
Warden. Wild Life Wardens. One Honorary Wild Life Warden
in each district Other officers and employees as may be
necessary.
14. WILDLIFE ADVISORY BOARD
WILDLIFE ADVISORY BOARD The Act enforces and enables
the State Governments and the administrators of the Union
Territories to constitute a Wildlife Advisory Board in each state
and union territory.
The Board advises the State Government in the following
matters: Areas to be declared as sanctuaries, national parks
or closed areas and their administration. Formulation of policy
for protection and conservation of wildlife. Amendment of any
schedule. Harmonizing the need of tribal and dwellers of the
forest. Any other matter referred by the State Government.
15. Schedules under the Act
The Wildlife (Protection) Act, 1972 has divided the protection status of
various plants and animals under the following six schedules Schedule I:
It covers endangered species that need rigorous protection. The species are
granted protection from poaching, killing, trading etc.
A person is liable to the harshest penalties for violation of the law under
this Schedule.
Species under this Schedule are prohibited to be hunted throughout India,
except under threat to human life or in case of a disease that is beyond
recovery.
Some of the animals granted protection under the Schedule I include: The
Black Buck, Bengal Tiger, Clouded Leopards now, Leopard Swamp Deer,
Himalayan Bear, Asiatic Cheetah, Kashmiri Stag Fishing Cat Lion-t ailed
Macaque Musk, Deer Rhinoceros ,Brow Antlered Deer Chin Kara (Indian
Gazelle)
16. Schedule II
Animals under this list are also accorded high protection with the
prohibition on their trade.
They cannot be hunted except under threat to human life or if they are
suffering from a disease/ disorder that goes beyond recovery.
Some of the animals listed under Schedule II include:
Assamese Macaque, Pig Tailed Macaque, Stump Tailed Macaque
Bengal Hanuman langur
Himalayan Black Bear
Himalayan Newt/ Salamander
Jackal
Flying Squirrel, Giant Squirrel Sperm Whale
Indian Cobra, King Cobra
17. Schedule III & IV
Species that are not endangered are included under
Schedule III and IV.
This includes protected species with hunting prohibited but
the penalty for any violation is less compared to the
first two schedules.
Animals protected under Schedule III include:
Chital (spotted deer)Bharal (blue sheep)
Hyena,Nilgai,Sambhar (deer),Sponges
Animals protected under Schedule IV include: Flamingo,
Hares, Falcons,Magpie,Horseshoes Crabs
18. Schedule V
This schedule contains animals that are considered
as vermin (small wild animals that carry disease and
destroy plants and food). These animals can be hunted.
It includes only four species of wild animals:
Common Crows
Fruit Bats
Rats
Mice
19. Schedule VI
It provides for regulation in cultivation of a specified plant and restricts
its possession, sale and transportation. This concerning with Plants
Both cultivation and trade of specified plants can only be carried out with
prior permission of competent authority.
Plants protected under Schedule VI include:
Beddomes’ cycad (Native to India)
Blue Vanda (Blue Orchid)
Red Vanda (Red Orchid)
Kuth (Saussurea lappa)
Slipper orchids (Paphiopedilum spp.)
Pitcher plant (Nepenthes khasiana)
20. The solution with the sections of the
laws
SALIENT FEATURES OF WILDLIFE PROTECTION ACT
This Act provides for the protection of a listed species of animals, birds,
and plants, and also for the establishment of a network of ecologically-
important protected areas in the country.
The Act provides for the formation of wildlife advisory boards, wildlife
wardens, specifies their powers and duties, etc.
It helped India become a party to the Convention on International Trade in
Endangered Species of Wild Fauna and Flora (CITES).
CITES is a multilateral treaty with the objective of protecting endangered
animals and plants.
It is also known as the Washington Convention and was adopted as a result
of a meeting of IUCN members.
21. PROTECTED AREAS UNDER THE WILDLIFE
PROTECTION ACT
There are five types of protected areas as provided under the Act. They are described
below.
1. Sanctuaries: “Sanctuary is a place of refuge where injured, abandoned, and
abused wildlife is allowed to live in peace in their natural environment without any
human intervention.”
They are naturally-occurring areas where endangered species are protected from
poaching, hunting, and predation.
Here, animals are not bred for commercial exploitation.
The species are protected from any sort of disturbance.
Animals are not allowed to be captured or killed inside the sanctuaries.
A wildlife sanctuary is declared by the State government by a Notification. Boundaries
can be altered by a Resolution of the State Legislature.
Human activities such as timber harvesting, collecting minor forest products, and
private
22. They are open to the general public. But people are not allowed unescorted. There
are restrictions as to who can enter and/or reside within the limits of the sanctuary.
Only public servants (and his/her family), persons who own immovable property
inside, are allowed.
People using the highways which pass through sanctuaries are also allowed inside
Boundaries of sanctuaries are not generally fixed and defined.
Biologists and researchers are permitted inside so that they can study the area and
its inhabitants.
The Chief Wildlife Warden (who is the authority to control, manage and
maintain all sanctuaries) may grant permission to persons for entry or residence
in the sanctuary for the study of wildlife, scientific research, photography, the
transaction of any lawful business with persons residing inside, and tourism.
Sanctuaries can be upgraded to the status of a ‘National Park’.
Examples: Indian Wild Ass Sanctuary (Rann of Kutch, Gujarat); Vedanthangal Bird
Sanctuary in Tamil Nadu (oldest bird sanctuary in India); Dandeli Wildlife Sanctuary
(Karnataka).
23. 2. National Parks:
“National Parks are the areas that are set by the government to conserve the natural
environment.”
A national park has more restrictions as compared to a wildlife sanctuary.
National parks can be declared by the State government by Notification. No
alteration of the boundaries of a national park shall be made except on a resolution
passed by the State Legislature.
The main objective of a national park is to protect the natural environment of the
area and biodiversity conservation.
The landscape, fauna, and flora are present in their natural state in national parks.
Their boundaries are fixed and defined.
Here, no human activity is allowed
They cannot be downgraded to the status of a ‘sanctuary’.
Examples: Bandipur National Park in Karnataka; Hemis National Park in Jammu &
Kashmir; Kaziranga National Park in Assam.
25. 3. Conservation Reserves: The State government may declare an
area (particularly those adjacent to sanctuaries or parks) as
conservation reserves after consulting with local communities.
4. Community Reserves: The State government may declare any
private or community land as a community reserve after consultation
with the local community or an individual who has volunteered to
conserve the wildlife.
5. Tiger Reserves: These areas are reserved for the protection and
conservation of tigers in India. They are declared on the
recommendations of the National Tiger Conservation Authority…
26. Penalties
No person shall: Commence or carry on the business as Manufacturer,
dealer, taxidermist of scheduled animal or animal articles or trophies or
captive animals.
Dealer in meat derived from any scheduled animal in eating-house.
Imprisonments vary from six months to seven years and/or fines ranging
from 500 up to not less than 10,000 depending on the nature or
seriousness of the offense committed regarding the specified wildlife.
Forfeiture of Property Derived from Illegal Hunting and Trade or a fine
equal to the market value of such property in place of penalty.
27. Comments about the solution and summary
Positive Aspects of the Wildlife
The Wildlife Act was passed in 1972 to protect the wildlife and their habitats.
The habitat destruction due to agriculture, industries, urbanization and other
human activities had led to the erosion of the country’s wildlife. It defines the
wildlife related terminology.
There are currently 104 National Parks, 551 Sanctuaries, 86 conservation
reserves and 11 biosphere reserves in India. These are regulated by the laws
framed under the Wildlife Protection ,Act prevents the over-exploitation of
animals and plants by preventing the illegal sale of animals and their
derivatives.
Steps taken by the National Tiger conservation authority were a big success in
increasing the numbers of tigers. Poaching of Tigers and encroachment in tiger
reserves is completely banned as a result. This is one of an ideal example for
Conservation campaigns across the world.
28. Stringent actions against offenders have helped people stay aware of
the consequences of any violations of the Act, thereby preventing
heinous crimes against Wildlife.
Negative aspect
One of the most concerning issues is the protection and management of
other animals outside the protected areas. Exploitation, killing, road
accidents of those animals are rarely paid attention to by the
government.
Another issue is of the shrinking protection area cover because of
increasing population, government infrastructure projects, etc. Yet
another problem arises when there is a lack of regulation of noise
pollution levels around the protected areas. These areas do not provide
facilities for housing more animals that are rescued. Moreover, the forest
protection staff is not well-trained and show poor awareness about the
biological and psychological needs of animals.
29. Cont’summarry
The act imposes a ban on the trade or commerce in scheduled animals. It
provides for legal powers to officers and punishment to offenders. The Act
classified animals into different schedules based on the need for
protection, and hunting of these species was outlawed and penalties were
prescribed in case of violations. This legislation played a major role in
protecting India’s rich wildlife. But on the other hand, it rendered
traditional hunting rights practiced by many tribal communities illegal
Increasing awareness among the common citizens to protect Wildlife and
animals, in general, has gained a lot of momentum in recent years.
Assisting the government, the citizens are spreading the word of wildlife
protection and conservation through social media, campaigns, petitions
and more. Hopefully, the government adopts better policies to make the
country a better place for the Wildlife too!!