The document provides an overview of a presentation on the Wildlife (Protection) Act of 1972 in India. It discusses key aspects of the act such as its objectives to conserve wildlife habitat and protected species. It outlines national and state-level protected areas and species. It also summarizes provisions regarding offenses against wildlife, penalties, and rules framed under the act regarding licensing and management of protected areas and species. The presentation discusses the constitutional context and amendments of the act over time to strengthen wildlife conservation in India.

1. WELCOME TO THE PRESENTATION
ON
Wildlife (Protection) Act, 1972

2. CONSERVE HABITAT OF OUR
NATIONAL HERITAGE
National Animal and Bird

3. M.P. State Animal and Bird
Barasingha Paradise Fly Catcher

4. The
biggest
by-product
of
protected
areas
WATER

5. OVERVIEW OF THE PRESENTATION
 Spirit & essence of Wildlife (Protection) Act, 1972
 Impact of Wildlife (Protection) Act, 1972 on developmental
projects.
 Land matters in the Central India.
 Crimes against wildlife and its habitats..
Structure and time framework

6. Typical forest & village mosaic of a
protected area

7. Effect of fragmentation on habitat

8. Sharp-edge Effect of roads & canals

9. What is biodiversity?

10. STATUS OF
PROTECTED AREAS
 There are 87 NPs,
500 sanctuaries and 2
Conservation Reserves
in the country.
Area 155532.88 sq.km
Mostly located in the
Central India & the
Himalayas. Coincide
with forest cover.
Many sanctuaries
located in revenue areas
only.

11. SENSITIVE ISSUES
 Marine NPs, coral
reefs.
 Mangrove forests.
 Sites of migratory
species.
 Breeding grounds.
 Endemic fauna and
flora.
 Biodiversity
hotspots.
 Sites covered under
conventions.

12. CONSTITUTIONAL PROVISIONS RELATED TO FOREST &
WILDLIFE
At the time of promulgation of the Constitution of India,
subject of “forests” was kept in the “State List”.
There was no entry of “wildlife”.
“Forests” transferred to the “Concurrent List”, List-III as
Entry–17A and “Wildlife” as the Entry-17B by the 42nd
Constitutional Amendment Act, 1976.
Article-251 & 254 of the Constitution provides that state
statutes cannot be repugnant to Central Acts. If there is any
repugnancy, state statutes automatically becomes “null &
void”.

13. India is not having
National Wildlife Policy
The policy regime in the country includes:

14. STATUTORY LEGAL REGIME OF WILDLIFE & FOREST
MANAGEMENT
First & second Indian Forest Act promulgated in 1865 and 1878.
Indian Forest Act, 1927 (not amended since 1956). The Madhya
Pradesh State has inserted a very important section in shape of
Section-20A. The section provide wide ranging definition to forest
areas.
Forest Conservation Act, 1980 (amended in 1988). Forest
Conservation Rules, 2003 has been promulgated and amended in
2004 & 2014.
Wildlife Protection Act, 1972 - Amended in 1982, 1986, 1991, 1993,
2003 and 2006. WLPA Bill, 2010 remained pending and lapsed in
2914.
Wildlife (Protection) Amendment Bill, 2010 pending before the
Parliament. Focused on implementation of international conventions,

15. SCOPE OF PROTECTED AREAS
National Parks, Wildlife Sanctuaries, Buffer Zones,
Conservation Reserves, Community Reserves,
Ecologically Fragile Zones

20. •Stockholm Conference (1972) recommended
up-gradations of legislative measures.
•National Agriculture Commission (1976)
expressed anxiety over depleting forest cover
and decimation of wildlife.
•Eight states including Madhya Pradesh
requested the Union of India to formulate law
related to “wildlife management”.
•Adopted by all the States of the Union.
•The State of Jammu & Kashmir is having their
own Wildlife (Protection) Act.
BACKGROUND OF ENACTMENT OF WILLIFE
(PROTECTION) ACT, 1972

21. ENACTMENT OF
WILLIFE (PROTECTION) ACT, 1972.
• After receiving the consent of the H.E. President on 9th September,
1972 placed in the “Statute Book.
• Effective from the date of the Gazette notification i.e. 9th
September, 1972.
• Wildlife Protection Act, 1972 amended in 1982, 1986, 1991, 1993,
2003 and 2006. Wildlife (Protection) Amendment Bill, 2010
pending before the Parliament. Focused on implementation of
international conventions, particularly CITES.
• Enunciated as regulatory in nature, but looking to the degenerating
status of wildlife in the country, the Act has been made prohibitory
in nature, through amendments.

22. THE OBJECT & STATEMENT
An Act to provide for the
protection of wild animals, birds
and plants and for the matters
connected therewith or ancillary or
incidental thereto with a view to
ensuring the ecological and
environmental security of the
country.

23. ESSENCE OF
WILLIFE (PROTECTION) ACT, 1972.
•The title of WLPA suggest “protection” oriented
legislation. The WLPA is “prohibitory” in nature and
provide many negative provisions, with stringent
punishments.
•Applicable to the whole of India except State of J&K. J&K
Wildlife (Protection) Act, 1986 apply to the State of J&K.
the salient features of both the Acts are somewhat similar.

24. Continue…
•The scope of WLPA provides that certain species
specified in Schedule-I, II, III, IV & VI and protected
areas notified thereunder should be conserved.
•Having jurisdiction over National Parks, Wildlife
Sanctuaries, Conservation Reserve and Community
Reserve.
•Having jurisdiction over 6800 species (based on the
Storer & Usinger Classification of Animal Kingdom)
since many taxa of Aves, Reptiles and Arthropoda
are specified.

25. • Comparatively young Act.
• Frequent amendments, sometimes without
realising the implications at ground level.
• The concept of wildlife management is
evolving – leads to lot of scope for judicial
review and interpretations.
• There is nothing wrong with the provisions
but misleading & topsy turvey interpretations
have led to controversies and consequently
WLPA has been widely criticized as
draconian..

26. THE WISDOM
• Criticizing provisions of FCA is not the solution of
problem. Amendments in FCA shall take very long
time. It is in our interest to know the legal provisions
and procedures very well and obtain
clearances/sanctions as early as possible.
Criticizing provisions of WLPA is not
the solution of problem. Amendments
in WLPA shall take very long time. It is
in our interest to know the legal
provisions and procedures very well
and obtain clearances / sanctions as
early as possible.

27. RULES FRAMED UNDER THE W.L.P.A.
• The Wildlife (Transaction & Taxidermy) Rules, 1973.
• The Wildlife (Stock Declaration) Central Rules, 1973.
• The Wildlife (Protection) Licensing (Additional Matters
for Consideration) Rules, 1983.
• The Wildlife (Protection) Rules, 1995.
• The Wildlife (Specified Plants-Conditions for
Possession by Licensee) Rules, 1995.

28. • The Wildlife (Specified Plant Stock Declaration) Central
Rules, 1995.
• The Recognition of Zoo Rules, 1992.
• The Wildlife Stock Declaration Rules, 2003.
• Marking and measurement of wildlife trophies under
the Wildlife Stock Declaration Rules, 2003.

29. Applicability of WLPA
• Having jurisdiction over National Parks, Wildlife
Sanctuaries, Conservation Reserve and Community
Reserve
• The scope of WLPA provides that certain species
specified in Schedule-I, II, III, IV & VI should be
conserved. Having jurisdiction over 6800 species
(based on the Storer & Usinger Classification of Animal
Kingdom) since many taxa of Aves, Reptiles and
Arthropoda are specified.

30. APPLICABILITY OF WLPA
Protected areas
FOREST DEPARTMENT
• National Parks,
• Wildlife Sanctuaries,
• Conservation Reserve
• Community Reserve.
Species specified in
Schedule-I, II, III, IV &
VI having jurisdiction
over 6800 species
(based on the Storer &
Usinger Classification
Specified Species
Specified international conventions

31. SALIENT PROVISIONS OF WLPA
The WLPA broadly covers following aspects of wildlife
management :
A. Notification, denotification and jurisdiction over
National Parks, Wildlife Sanctuaries, Conservation
Reserve and Community Reserves.
B. Exhaustive definitions under Section-2.
C. Appointment of Chief Wildlife Warden and Wildlife
Wardens (Section-4). Delegation of powers under
Section-5.

32. D. Constitution of National Board for Wildlife (Section-
5A). Well defined functions. Previously known as
Indian Board for Wildlife.
E. Constitution of State Board for Wildlife (Section-6).
Well defined functions. Previously known as Wildlife
Advisory Board.
F. Hunting prohibited except under Section-11 & 12.
Scientific study & snake venom collection permitted.
G. Hunting of dangerous, wounded, sick, damage causing
wildlife permitted (Section-11). The killing and
wounding in good faith of any animal in self defence
shall not be an offence (Section-11b).

33. H. Grant of permit for educational purposes, scientific
research and management, translocation of animals,
population management, collection of snake venom
(Section-12).
I. Protection of plants specified in Chapter-IIIA.
There is no such species in Orissa.
J. Now there is no provision of hunting for recreation.

34. SANCTUARIES
A. Declaration of sanctuary – preliminary and final
notifications. Sanctuaries notified before 1991 are
finally notified.
B. Section-18A(2) seriously abridges so called nistar
rights (in fact privileges), State Govts. to supply
forest produce from outside.
C. Collector to determine rights (Section-19).
D. Bar of accrual of rights (Section-20) – resentment
against the provision, require amendment.
E. Continuation of rights in consultation with CWLW.
Mandatory and not plain formality.

35. F.Time limit for completion of acquisition proceedings
– 2 years, ended on 31st March, 2005. Dismal
Progress.
G. Final notification of sanctuary (Section-26A).
H. De-notification under Section-26A(3) under
consent of the National Wildlife Board and the
Hon’ble Supreme Court (Order dated 14th Feb,
2000).
I. Destruction of habitat etc. in a sanctuary prohibited
except under a permit (Section-29), i.e. mining
prohibited (specific order dated 17th Nov. 2007)
J. Control of sanctuaries by CWLW. No new tourism
facilities except under prior approval of National
Wildlife Board can operate [Section-33(a)].

36. H. Registration of arms (Section-34).
I. Powers to remove encroachment (Section-34A).
ACF can evict encroachment in non-forest areas
of sanctuary. DCF can confiscate property.

37. NATIONAL PARKS
National parks can be declared on the basis of
ecological, faunal, floral, geomormphological
and zoological value of the area.
A. Provisions of Sections 19 to 26A, [except section-
24(c)(2)], 27, 28, 30, 31and 32 to apply to National
Parks.
B. Final notification under section-35(4), after vesting
of ALL RIGHTS in the State Govt. No provision
for continuation of rights.
C. No alteration of boundaries except under consent of
National Wildlife Board and Hon’ble Supreme
court.

38. D. No destruction of habitat except under permit
granted with the consent of National Board and the
State Govt. (Section-20).
E. Forest produce removed as nistar cannot be used
for commercial purposes [Section-35(6)].
F. No grazing permitted in national parks.

40. NEW PROTECTED AREAS OF
CONSERVATION RESERVE &
COMMUNITY RESERVE
A. Declaration of conservation reserve (Section-36A)
– on Government land, salient about rights.
B. Conservation Reserve Management Committee
(Section-36B).
C. Declaration of Community Reserve (Section-36C) –
on private lands, silent about rights and their
settlement.
D. Conservation Reserve Management Committee
(Section-36D).

41. THE OTHER PROVOISIONS OF WLPA
 Powers of the Central Government to declare protected
areas (Section-38).
 Central Zoo Authority and recognition of zoos
(Section-38A).
 Wild animals to be Government property (Section-39).
 Trophy declarations (Section-40).
 Immunity in certain cases (Section-40A).
 No transfer of trophy except under succession
(Section-43) (except tail feathers of Peacocks and
zoos).

42. PREVENTION & DETECTION OF OFFENCES
 Section-50 power of entry, search, arrest and
detention.
 Section-51 Penalties – contravention of any
provision of Act, Rules, licence, permit is
punishable with imprisonment upto 3 years and
fine upto Rs 25,000. Subsequent offence 3-7 years
imprisonment and fine more than Rs.25,000/-.
 If crime committed to any species specified in
Schedule-I, Part-II of Schedule-II, or sanctuary or
national park, or altering boundaries – punishable
with imprisonment from 3-7 years and fine more
than Rs.10,000.

43. Bail cannot be granted - public prosecutor should be
provided opportunity to oppose bail and the court is
satisfied that the accused shall not cause second
offence (Section-51A).
 Equal punishment for ATTEMPTS & ABETMENT
 The “burden of proof” shall be on the accused
(Section-57).
The Central Government can alter entries in
Schedules.
Power of Central and State Governments to make
Rules (Section-63 and 64).

44.  The statutory body of National Tiger Conservation
Authority (NTCA) constituted under provisions of
Wildlife (Protection) Amendment act, 2006.
 Section-38O(g) : NTCA to ensure that – Tiger
Reserves and areas linking one protected area or tiger
reserve with another protected area or tiger reserves
are not diverted for ecologically unsustainable use,
except in public interest and with the approval of
NBWL on the advice of NTCA.

45. Section-38V(4) : the State Government while preparing a
Tiger Conservation Plan ensure livelihood of local
communities. The expression Tiger Reserve includes:
i. Core or critical tiger habitat - area of national parks and
sanctuaries, where it has been established on the basis of
scientific and objective criteria and notified by the State
Government in consultation with Expert Committee.
ii. Buffer or peripheral area - consisting of the area peripheral to
critical tiger habitat or core area………., where a lesser degree
of habitat protection is required to ensure the integrity of the
critical tiger habitat with adequate dispersal for tiger species,
and which aim at promoting co-existence of between wildlife
and human activity with due recognition of the
……………………., the limits of such areas are determined
on the basis of scientific and objective criteria in consultation
with the concerned Gram sabha and Expert Committee
constituted for this purpose.

46. Non- statutory Amendments / Reforms
• Details of man-wildlife conflict to determine true status of
wildlife. Compensation paid to villagers for death, injuries
and crop.
• Assessment of forests crop in the context of wildlife –
availability of forage, water and cover. Connecting corridors
– porosity, fragmentation and juxta-position effects.
• Assessment of wildlife carried out by WII, wildlife recorded
at transects laid in 2008 and 2010. Wildlife Impact
Assessment and Wildlife Habitat Conservation Plan.

47. Preparation, integration and sanction of
“Wildlife Habitat Conservation Plan”.
Preparation of “Wildlife Habitat
Conservation Plan” by project proponent /
consultant and obtain comments of
CWLW
Apply to CWLW for preparation of “Wildlife
Habitat Conservation Plan” under Section-12
Obtain comments of State Wildlife Board
on “Wildlife Habitat Conservation Plan”
Obtain comments NTCA on “Wildlife
Habitat Conservation Plan”
Obtain comments of Standing Committee
of National Board for Wildlife on
“Wildlife Habitat Conservation Plan”
If protected
areas are
involved
If protected
areas area not
involved
Link with Forest Appraisal
Committee

48. Other Issues of “Wildlife Habitat Conservation Plan”
and Wildlife (Protection) Act, 1972
 Submission of “Wildlife Habitat Conservation
Plan” at initial stage not mandatory; but its
formulation at later higher stage insisted.
 No Guideline available for carrying out “Wildlife
Impact Assessment” and preparation of “Wildlife
Habitat Conservation Plan”. No specific format for
submission of plan.
 For preparation of “Wildlife Habitat Conservation
Plan” , the Wildlife Institute of India is awfully
busy. NGOs are neither having expertise nor
possess capacity to prepare or synthesize
requirement of “wildlife” and “mining “ sectors.
 NGOs – no capacity for “mitigation planning”.

49.  Few experts understand “wildlife impact
assessment”; still fewer possess expertise for “Wildlife
Rehabilitation & Resettlement Planning”. Develop
non-statutory policy regime.
 Wildlife corridors and buffer zones [ref Section-
38O(g) and 38V(4)] are really fast emerging vital
issues. NTCA permission mandatory. Virtually
threatening coal, power and steel sector.
 Area of underground mine being considered in study &
calculation of “fragmentation”, “porosity” &
“juxtaposition” effects.
 Asiatic Elephants – seasonal traversing for food &
water is mis-understood as “migration routes”. No data
available for elephant ecology, physiology, elephant –
vegetation dynamics etc.
 Radio-collar Elephant male and female with calf societies
to study ecology, ethology and migration routes.

50. Amendments made in 2006
• 51(1C) Anybody found guilty of hunting inside Tiger
Reserve or altering the boundaries shall be punishable
for imprisonment not less than 3 years extendable up
to 7 years with fine from Rs. 50,000 to Rs. 2,00,000. On
second conviction imprisonment shall not be less than
7 years with fine Rs. 5,00,000 to Rs. 50,00,000.
• The abetment shall also attract equal penalty.

51.  Hunting rights of certain tribal communities
protected (Section-65).
 Any sanctuary or national park declared under any
previous Act is adopted under the Wildlife
(Protection) Act, 1972 [Section-66(3)].
 All ‘RESERVE FORESTS’ to be finally notified
sanctuaries and national parks [Section-66(4)],
since ‘rights’ are already settled under ‘forest
settlement proceedings’.

52. The Section-66(4) provides for deemed final
notification of the forest areas as WS [for national
parks read with Section-35(1)] and consequently
such areas stands finally notified as NP/WLS.
De-notification of protected areas require prior
approval of the National Wildlife Board (PM as
chairperson, broad based board). Denotification
almost impossible.

54. The Statutory Institutions under WLPA
• Forfeiture of property derived from illegal hunting &
trade (Section-58A to 58Y).
• The property of a person is liable for forfeiture, if he is
convicted for punishment with more than 3 years
imprisonment. Any accomplice of such person is also
likely to face same fate.
• Designation of any CCF as Confiscation Officers and any
DIG as Investigation Officer.
• Section 58(b) provision for Appellate Tribunal for
confiscation.
• No State has taken concrete steps.

55. National Tiger Conservation Authority
• Section 38(K) to 38(X) provides for constitution of
National Tiger Conservation Authority.
• Section 38(U) provides for constitution of State Steering
Committee.
• The authority has been provided vide ranging powers for
planning, administration & management of Tiger
Reserves.

56. Tiger & other Endangered Species
Crime Control Bureau
•Section-38(Y) provides for constituting Tiger &
other Endangered Species Crime Control
Bureau.
•Section-38(Z)(iii) provides fulfillment of
obligations under international conventions &
protocols e.g. CITES, Ramsar Conventions,
Turtle Conventions, Convention on Migratory
Species, Whale Convention, World
Conservation Union etc..

58. • The WLPA [Sec. 18(A) to 26] provide
provisions for “Settlement of Rights” inside
PAs.
• The issue of settlement of rights has
assumed important dimensions because the
“Object and Statement” has been
amended to include – “ensuring the ecological
and environmental security of the
country” and Sec. 25(A) has been inserted
which provides that rights shall be settled
within 2 years of the notification.
RIGHT SETTLEMENT INSIDE
PROTECTED AREAS

59. • The rights shall be settled by the Collector
who has got jurisdiction over the area. If
any PA falls in two or more districts than
respective collectors shall settle the
rights in respective districts .
• Section 66(4) of WLPA provides (inserted
on 2.10.1991) that as far as reserved
forest (RF) and territorial water are
concerned these areas shall be deemed
as finally notified PAs. These
provisions have been inserted because
rights do not exists in suchareas and
consequently there is no need for
determination of rights.

60. While determining rights following
important aspects should be kept in
mind :
 The Sec. 5 of the Indian Forest Act,1927
place bar on accrual of rights in areas
notified U/s4 of IFA.
 The Sec. 20 of the WLPA place bar on
accrual of rights except by succession,
testamentary or intestate.
 The only “rights” which were existed at
the time of preliminary notification
can be settled [as per record of rights
(Wajib-ul-urg)] under settlement.

61.  The State Assembly inserted Section
20(A) in the Indian Forest Act, 1927 (as
applicable to M.P.) – The provision accepts
any area notified as RF/ PF by any authority
before/ after Independence and any area
mentioned in the duly approved WP.
 The reserve forest areas are not burdened with
any kind of rights (since all such rights were
either disclaimed or acquired in forest
settlement), thus there is no need of right
settlement U/s 66(4) of WLPA and such
areas can be straight way finally notified.

62. The Collector has two important functions related
to right settlement in protected areas:
 The Collector or his assignee can
determine and evaluate rights prevalent in
the area.
 The Collector or his nominee (as
authorised by the State Govt.) can start
proceeding U/s 4 of the Land Acquisition
Act, 1894 for acquisition of rights.

63.  The concerning Director/ Dy. Director/ DFO/
Superintendent has got natural powers to
oppose admittance of any right, which he
believes to be in-correct or non-existent.
 The orders passed by the Collector U/s
24(2)(a) of WLPA is interlocutory in nature (not
having final force of law) and subjected to final
notification by the State Government unless the
notification for “Denotification of the Area” is
issued the concerning area still remains part of
PA.
 The alteration of the boundaries of PAs
[Sec.26-A(3)] cannot be made except on
recommendation of the National Board.

64. RECENT DEVELOPMENTS IN WLPA
 Large number of PILs are pending in
HSC /HHC (CWP 202/95, 337/95), passed
app. 70 orders, mostly these orders have
not reported in AIR, SCC, SC Almanac etc.
 Constitution of Central Empowered
Committee and State Empowered
Committees, for dealing with FCA, IFA
and WLPA cases.
 Many hardcore conservationists are
members of these committees. Technical
pleadings / loopholes of the law are the
only solutions.

65. Continue...
 Interventions by WWF, World
Conservation Union, BNHS, Ramsar
Convention, Convention on Migratory
Species, Centre for Environmental Law
etc. cannot be ruled out.
 In I.A. No.860 Bhopal Municipal
Corporation was fined Rs.6.5 crores.
 Power Grid Corporation of India
(GOI PSU) was forced to pay Rs.
45 crores in the case of Rajaji
National Park, Uttaranchal.
 NMDC is facing closure of Bellary
Mine in Karnataka.

66. ADVICE
Forests and wildlife (particularly national
parks, wildlife sanctuaries, biosphere
reserves, ecologically sensitive zones,
marine NPs are dangerous and troubled
waters – handle cases with extreme care.

67. SUPREME COURT ORDERS
 Denotification not possible without
resolution passed by the State Assembly
(Order 22nd August, 1997 passed in I.A.
No. 2, CWP NO.337/95 Centre for
Environment Law, WWF-I ver Union of
India)
 Order 14th February, 2000 passed in
CWP NO.202/95 T.N. Godavarman
Thirumulkpad ver Union of India) restraint
Governments from ordering “removal of
dead,diseased, dying or wind-fallen trees
or even grasses”.

68. NATIONAL WILDLIFE ACTION PLAN (2002-16)
 Objective – to acquaint & inculcate an
empathy for nature, flora, fauna etc.
 Primary economic benefit to local
communities.
 No conflict between tourism and
conservation. Tourism in consonance with
conservation.
 Formulation of national policy on ecotourism.
 Tourism management plan for every protected
area.

69. THE BEST COURSE OF OPTION
A. If protected areas are involved, well
in advance approach National
Wildlife Board through State Chief
Wildlife Warden and the State
Wildlife Board for clearance.
B. In fait accompli cases, where
pipelines have been laid in
anticipation of sanction, file petition in
the CEC. Petition may be allowed,
but penalties shall be imposed.

71. Present & Potential “Protected Areas” of India

72. PROTECTED AREAS &
WILDLIFE (PROTECTION) ACT, 1972
Salient features
• Geographical area (including forest
area) under PA network –
1,55,348 sq. kms.
• New PAs are not being notified.
Impact of Wildlife (Protection)
Act, 1972
• Rights cannot be acquired or
traded u/s 20, WLPA.
• Most of RF is part of protected
areas.
• Exploitation not possible under
Section-29, WLPA.
• Ban on exploitation & diversion
of protected areas under orders
of the Hon’ble Supreme Court.
The habitats of protected areas cannot be used for ‘mining
purposes” due to prohibitory legal regime. Even non-
forest area of protected areas cannot be used
(Tahir Ali ver. State of Madhya Pradseh

73. Typical forest & village mosaic of a protected area
All non-forest areas situated within external boundary of
protected areas are part of inviolate wildlife habitat.

75. Contraction of Asian Elephant Range Over-time

76. Placer Mines
Placer mines attract provisions of following conventions:
 International Whaling Convention.
 International Turtle Convention.

77. Status of Tigers, Co-predators and Prey in India –
published by Wildlife Institute of India