WILDLIFE PROTECTION ACT OF 1972 - ENVIRONMENT
News: Why does Kerala want the Centre to amend the Wildlife Protection Act?
What's in the news?
● Kerala Legislative Assembly unanimously passed a resolution urging the Union Government to amend relevant sections of the Wildlife Protection Act of 1972 to address the escalating human-animal conflict in the state.
Key takeaways:
● Kerala has seen a steady rise in human-animal conflict in recent years.
● Attacks from wild animals not only pose a threat to life, but have also wreaked havoc in the state’s agriculture sector.
● The issue has now come to a head after a radio-collared wild elephant strayed into a village, chased people and trampled a person to death in Wayanad.
Section 11 of the Act:
● It regulates hunting of wild animals.
● As per clause (1)(A) of the section 11, the Chief Wildlife Warden (CWLW) of a state may — if satisfied that a wild animal specified in Schedule I (mammals) has become dangerous to human life or disabled or diseased beyond recovery — permit hunting or killing of such animal.
● The section gives powers to the CWLW to order killing of such a wild animal, if it cannot be tranquillised or relocated after capturing.
Demands of Kerala:
Amend Section 11 of Wildlife Protection Act, 1972:
● Kerala wants to amend the Section 11 (1) (A) so as to devolve the above-mentioned powers of the CWLW to Chief Conservators of Forests (CCF) instead.
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● Kerala has five CCFs, each in charge of a different region of the state.
Declare Wild Boar as Vermin:
● Kerala also wants the Centre to declare wild boar as vermin, as per section 62 of the Wildlife Protection Act.
● According to Section 62, the Union Government can notify any wild animal in Schedule II of the Act (which protects it from hunting), as vermin for a period of time in an area/state.
● An animal is declared as vermin when it poses threat to life and crops.
● Once declared as vermin, wild boar would lose its protection from hunting, thus enabling the state and citizens to cull the wild boar population to protect against the menace the species poses to life and livelihood.
Wildlife Protection Act, 1972:
● The Wildlife Protection Act 1972 is a comprehensive law enacted to protect India’s wildlife and biodiversity.
● The Wildlife Protection Act 1972 provides for the protection of wild animals and plants and regulates the hunting, trade, and commercial exploitation of wildlife.
● The Wildlife Protection Act 1972 includes provisions for declaring protected areas and empowers the government to take measures to conserve and protect wildlife.
● It also provides for the establishment of the Wildlife Advisory Board to advise the government on wildlife-related matters.
Constitutional Provisions for the Wildlife Act:
● The 42nd Amendment Act, 1976, Forests and Protection of Wild Animals and Birds was transferred from State to Concurrent List.
● Article 51 A (g) of the Constitution states that it shall be the fundamental duty of every citizen to protect and improve the natural environment including forests and Wildlife.
● Article 48 A in the Directive Principles of State policy, mandates that the State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country.
Features:
● The act also lists schedules of plants and animals that are afforded varying degrees of protection and monitoring by the government.
● India's entry to the CITES (Convention on International Trade in Endangered Species of Wild Fauna and Flora) was made easier by the Wildlife Act.
● Earlier, Jammu and Kashmir was not covered by the Wildlife Protection Act of 1972. The Indian Wildlife Protection Act now applies to J&K as a result of the Reorganization Act.
Schedules under the Act:
Schedule I:
● It covers endangered species that need rigorous protection.
● 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 listed under Schedule I include the Black Buck, Snow Leopard, Himalayan Bear and Asiatic Cheetah.
Schedule II:
● Animals under this list are also accorded high protection with the prohibition on their trade.
● Some of the animals listed under Schedule II include Assamese Macaque, Himalayan Black Bear and Indian Cobra.
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, and Sambhar (deer).
● Animals protected under Schedule IV include Flamingo, Hares, Falcons, Kingfishers, Magpie, and Horseshoes Crabs.
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 and Mice.
Schedule VI:
● It provides for regulation in the cultivation of a specified plant and restricts its possession, sale and transportation.
● Both cultivation and trade of specified plants can only be carried out with the prior permission of the 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.) and Pitcher plant (Nepenthes khasiana).
Protected Areas Under the Act:
There are five types of protected areas under the Act such as
● Wildlife Sanctuaries
● National Parks
● Conservation Reserves
● Community Reserves
● Tiger Reserves
Bodies Constituted under the Act:
1. National Board for Wildlife (NBWL):
● NBWL serves as an apex body for the review of all wildlife-related matters and for the approval of projects in and around national parks and sanctuaries.
● The Prime Minister of India acts as a chairperson of the Board.
2. State Board for Wildlife (SBWL):
● The Chief Minister of the state/UT is the chairperson of the board.
3. Central Zoo Authority (CZA):
● The Central Zoo Authority consists of a total 10 members including the Chairperson and a Member-Secretary.
● The authority provides recognition to zoos and is also tasked with regulating the zoos across the country.
● It lays down guidelines and prescribes rules under which animals may be transferred among zoos nationally and internationally.
4. National Tiger Conservation Authority (NTCA):
● The Union Environment Minister is the Chairperson of NTCA and the State Environment Minister is the Vice-Chairperson.
● The Central Government on the recommendations of NTCA declares an area as a Tiger Reserve.
5. Wildlife Crime Control Bureau (WCCB):
● The act provided for the constitution of WCCB to combat organized wildlife crime in the country.
Recent Changes:
Wildlife (Protection) Amendment Act, 2022:
● The Act seeks to increase the species protected under the law and implement CITES.
● The number of schedules has been reduced to four:
● Schedule I - contains animal species enjoying the highest level of protection.
● Schedule II - for animal species subject to a lesser degree of protection.
● Schedule III - for protected plant species, and
● Schedule IV - for scheduled specimens under CITES.
● The Act permits the use of elephants for 'religious or any other purposes'.
● The penalties have also been increased for general and specially protected animals' violations.