Constitutional Mandate:
- 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.
Evolution of Wildlife Protection Laws in India
- Indian Penal Code (1860): No provisions for wildlife protection.
- Elephant Preservation Act (1879): Prohibited killing, injuring, or capturing wild elephants, except for self-defense or property protection.
- Amendments to Elephant Preservation Act: Made in 1933, 1938, and 1959 for better implementation.
- Wild Birds Protection Act (1887): Prohibited possession or sale of wild birds.
- Wild Birds and Animals Protection Act (1912): Repealed the 1887 Act.
- Prevention of Cruelty to Animals Act (1960): Addressed broader animal welfare concerns.
Comprehensive Wildlife Protection Legislation
- Need for Comprehensive Laws: State-level provisions were inadequate.
- Wildlife Protection Act (1972):
- Six schedules in the act.
- Established Wildlife Advisory Boards in each state.
- Protected Areas Under the Act: Sanctuary, National Parks, Conservation Reserves, Community Reserves and Tiger Reserves.
- Regulated hunting, declared sanctuaries/national parks, controlled wildlife trade, and prescribed penalties.
- Constitutional Amendment (42nd Amendment Act, 1976): Transferred forests and wildlife protection from State List to Concurrent List.
- Amendments to Wildlife Protection Act: Made in 1982, 1986, 1991, 1993, 2002, and 2006.
Rules for Effective Implementation
- Key Rules:
- Wildlife (Stock Declaration) Rules (1973)
- Wildlife (Transaction and Taxidermy) Rules (1973)
- National Zoo Policy (1998)
- National Tiger Conservation Authority Rules (2006)
- Recognition of Zoo Rules (2009)
- Wildlife (Specified Plants) Rules (1995)
Regulation of Wildlife Trade
- Section 49B of the Wildlife Protection Act: Ban on commercial dealings in scheduled animals.
- Section 44: Requires licenses for dealing with other wild animals.
Supreme Court Directions for Forest and Wildlife Protection
- TV Godavarman Thirumulla Pad vs Union of India (1997):
- Ban on movement of cut trees and timber from Northeast to other states.
- Exemption for defense/government use and private plantations.
- Transport of Captive Elephants (2022):
- Supreme Court formed a high-power committee.
- 2024 Rules for captive elephant transfers:
- Owner must be unable to maintain the elephant.
- New circumstances must ensure better care.
Challenges and Threats to Wildlife
- Illegal Activities:
- Coal mining operations causing deforestation, soil/water contamination, habitat loss.
- Poaching and Wildlife Trade:
- 522 cases reported nationwide (2024).
- Karnataka had 51 cases; Assam showed lower cases in 2020.
- Major Threats: Poaching, deforestation, pollution.
Collective Responsibility:
- Protect forests, wildlife, and endangered species.
- Preserve biodiversity for current and future generations.
