Wild Life (Protection) Act

Object

The Act aims to strengthen wildlife conservation by implementing CITES provisions and expanding beyond protection to comprehensive management. It seeks to align India’s wildlife laws with international standards, addressing invasive alien species and enhancing species protection. The amendment modernizes the 1972 Act to meet contemporary conservation challenges and international trade obligations.

Salient Features

Key amendments include Section 49M enabling ownership and transfer of live specimens with proper documentation. Section 50 empowers authorities for entry, search, and arrest. The Act expands from protection to conservation and management, updates definitions including invasive alien species, and amends sections 50, 51, 51A, 54, 55, 57, 61, and 63 while introducing section 62A for enhanced regulatory framework.

Authorities

The Act establishes Management Authority for CITES implementation, empowered to grant export/import permits for specimen trade. Scientific Authority provides technical assessments for non-detriment findings. Chief Wildlife Warden oversees state-level enforcement. The Wildlife Crime Control Bureau (WCCB), Forest Department, Customs, and CBI have enforcement powers. Central government designates authorities and oversees protected area management through state governments.

Schedules

Schedules reduce from six to four by reducing the number of schedules for specially protected animals to two, removing the schedule for vermin species, and inserting a new schedule for CITES specimens. Schedule I provides absolute protection for critically endangered species like tigers, elephants, and leopards. Schedule II offers significant protection for other threatened species. The restructuring merges previous Schedules III, IV, V, and VI into the new framework.

Sanctuaries

Wildlife sanctuaries declared under Section 18 provide protected habitats for endangered species conservation. The Act empowers Central Government to declare areas as sanctuaries with state consultation. Sanctuaries allow regulated activities unlike national parks. Buffer zones around sanctuaries ensure ecosystem connectivity. Local communities may have limited access rights. Sanctuary management involves habitat restoration and species monitoring programs.

National Parks

National parks under Section 35 provide highest protection level, prohibiting all human activities except research and tourism. Central Government declares parks after consultation with states. Parks focus on ecosystem preservation and biodiversity conservation. No grazing, cultivation, or settlement permitted. Tourism regulated through management plans. Parks serve as benchmark areas for ecological research and serve flagship species conservation programs.

Zoos

Zoo provisions under Chapter IV-A regulate captive wildlife management and breeding programs. Central Zoo Authority oversees zoo recognition and standards. Zoos must maintain breeding records and follow prescribed norms. Exchange programs between zoos facilitate genetic diversity. Modern zoos focus on conservation breeding, education, and research rather than mere display. Stringent conditions govern zoo establishment and animal welfare standards.

Trade

International wildlife trade regulated through CITES implementation via Management and Scientific Authorities. Trade permits required for scheduled species export/import. Domestic trade restrictions apply to all scheduled species. Commercial breeding allowed for certain Schedule II species with proper licensing. Violation of trade provisions attracts severe penalties including imprisonment and heavy fines under amended penal sections.

Power of Arrest, Search & Detention

Section 50 empowers authorized officers to conduct searches, arrests, and seizures without warrant. Officers can search vehicles, premises, and persons suspected of wildlife offences. Detained persons must be produced before magistrate within 24 hours. Search powers extend to electronic devices and documents. Reasonable suspicion sufficient for initiating action. Seized articles include animals, products, weapons, and vehicles used in offences.

Trade & Commerce

Commercial activities involving wildlife strictly regulated through licensing system. Captive breeding permits required for specified species under new provisions. Sale of animal products from licensed sources permitted with proper documentation. Inter-state transport requires permits and documentation. Online wildlife trade monitoring mechanisms established. Violation of commercial provisions attracts enhanced penalties including imprisonment and asset forfeiture under amended sections.

Penal Provisions

Enhanced penalty structure with maximum fines increased from Rs. 25,000 to Rs. 1 lakh for general violations. Minimum fines for specially protected animals increased from Rs. 10,000 to Rs. 25,000. Section 51 prescribes imprisonment up to three years. Section 51A provides stringent bail conditions for Schedule I species offences. Repeat offenders face enhanced punishment with mandatory minimum imprisonment periods.

Conservation Reserves

Comprehensive framework for implementing Convention on International Trade in Endangered Species obligations. Management Authority issues permits for trade in CITES-listed species after scientific assessment. Scientific Authority ensures trade doesn’t harm species survival. Enhanced monitoring and reporting systems established. India’s compliance with international conservation commitments strengthened through institutional mechanisms and regulatory procedures.

CITES Implementation

Enforcement Mechanisms

Multi-agency enforcement involving Wildlife Crime Control Bureau, Forest Department, Customs, and CBI. Specialized courts handle wildlife offences expeditiously. Technology integration including digital monitoring and surveillance systems. Inter-state coordination mechanisms established for effective enforcement. Community participation encouraged through whistleblower protection and reward systems for information leading to convictions.

Human-Wildlife Conflict Management

Provisions for addressing increasing conflicts between humans and protected wildlife species. Compensation mechanisms for crop damage and livestock loss. Problem animal management protocols established. Community-based mitigation strategies including early warning systems. Relocation and translocation procedures for conflict animals. Balance between conservation objectives and human welfare considerations through adaptive management approaches.

Click here to download The Wild Life (Protection) Amendment Act, 2022