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General Studies 2 >> Polity

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WILDLIFE PROTECTION ACT 1972

WILDLIFE PROTECTION ACT 1972

 
 
 
 
1. Context
 
 
Recently, 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.

 
2. The Wildlife (Protection) Act, 1972

The Wildlife (Protection) Act of 1972 serves as a legal framework aimed at safeguarding various species of wild animals and plants, managing their habitats, and regulating and controlling trade in wildlife and wildlife products. It plays a crucial role in conservation efforts and biodiversity preservation in India.

Key Provisions

  • The Act categorizes species into different schedules based on their conservation status, providing varying degrees of protection and monitoring by the government.
  • India's accession to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) was facilitated by the Wildlife Act.
  • The Act now extends to Jammu and Kashmir following the reorganization act.

Constitutional Framework

  • The 42nd Amendment Act, 1976, transferred Forests and Protection of Wild Animals and Birds from the State to the Concurrent List.
  • Article 51 A (g) mandates citizens to protect and improve the natural environment, including forests and wildlife.
  • Article 48 A in the Directive Principles of State Policy emphasizes the state's duty to protect and improve the environment, safeguarding forests, and wildlife.

Schedules under the Act

  • Schedule I: Encompasses endangered species requiring stringent protection, with severe penalties for violations. Hunting is prohibited except in cases of threat to human life or incurable disease.
  • Schedule II: Includes species accorded high protection with trade prohibition.
  • Schedule III & IV: Lists non-endangered species with hunting prohibition, but with lesser penalties compared to Schedules I and II.
  • Schedule V: Contains vermin species that can be hunted, comprising Common Crows, Fruit Bats, Rats, and Mice.
  • Schedule VI: Regulates the cultivation and trade of specified plants, requiring prior permission for cultivation, possession, sale, and transportation.

Examples of Protected Species

  • Schedule I: Black Buck, Snow Leopard, Himalayan Bear, Asiatic Cheetah.
  • Schedule II: Assamese Macaque, Himalayan Black Bear, Indian Cobra.
  • Schedule III & IV: Chital (spotted deer), Bharal (blue sheep), Hyena, Sambhar (deer).
  • Schedule V: Common Crows, Fruit Bats, Rats, Mice.
  • Schedule VI: Beddomes’ cycad, Blue Vanda, Red Vanda, Kuth, Slipper orchids, Pitcher plant.
 

3. Initiatives and Challenges under the Wildlife (Protection) Act, 1972

Initiatives for Wildlife Development

  • Project Tiger Conservation Launched in 1973, Project Tiger aims to conserve the tiger population with ongoing support from the Ministry of Environment, Forest, and Climate Change.
  • Project Elephant Established in 1992, Project Elephant focuses on the protection and conservation of elephants.
  • Wildlife Corridors These corridors, connecting protected areas, facilitate the movement of wildlife. India is planning its first urban wildlife corridor between New Delhi and Haryana to ensure safe passage for animals like leopards.

Challenges in Implementation

  • Despite the Act's existence for over 50 years, many are still unaware of wildlife conservation's significance and the associated laws.
  • Increasing human populations and encroachment into wildlife habitats result in heightened conflicts, often leading to illegal killing of wildlife.
  • Despite stringent laws, India faces a significant challenge from poaching and illegal wildlife trade.
  • Inadequate coordination between the forest department and other agencies hampers effective enforcement of the Act.
  • Existing penalties for wildlife crimes may not serve as sufficient deterrents due to their low fines and sentences.
  • Local community involvement is essential for successful conservation efforts, but it's often lacking.
  • Climate Change poses a significant threat to wildlife habitats, necessitating consideration within the Act to mitigate its impacts.
 
4. Reasons for passing a resolution

Demand to amend section on hunting
  • Section 11 of the 1972 Act currently governs the regulation of hunting wild animals. Under clause (1)(A) of this section, the Chief Wildlife Warden (CWLW) of a state is empowered to authorize the hunting or killing of a wild animal listed in Schedule I (mammals) if it is deemed dangerous to human life, or if it is disabled or terminally ill beyond recovery.
  • The section further grants the CWLW the authority to order the killing of such an animal if attempts to tranquilize or relocate it prove unsuccessful.
  • Kerala is proposing an amendment to Section 11(1)(A), seeking to transfer the aforementioned powers from the CWLW to the Chief Conservators of Forests (CCF). This amendment is aimed at streamlining the process for addressing wild animals that pose a threat to human safety, allowing for more prompt decision-making at a decentralized level.
  • With five CCFs overseeing different regions of the state, Kerala believes that empowering them with these responsibilities would enhance efficiency and responsiveness in dealing with such situations.

Demand to declare wild boar as vermin
  • Kerala is urging the Central Government to designate wild boar as vermin under Section 62 of the Wildlife Protection Act.
  • This provision allows the Union Government to categorize any wild animal listed in Schedule II of the Act, which typically safeguards them from hunting, as vermin for a specified duration in a particular area or state.
  • The declaration of an animal as vermin is warranted when it presents a significant threat to human life and agricultural crops.
  • By attaining vermin status, wild boars would no longer be shielded from hunting regulations. This would empower both the state authorities and citizens to manage the wild boar population through culling measures, thereby safeguarding lives and livelihoods from the adverse impacts posed by this species.
 
5. Rising Tide of Human-Animal Conflict in Kerala
  • Kerala is grappling with an intensifying crisis of human-animal conflict, which has surged in recent years, posing grave risks to both lives and the state's agriculture. The situation reached a critical juncture when a radio-collared wild elephant intruded into a village in Wayanad, chasing villagers and tragically resulting in a fatal trampling incident.
  • Government statistics from the period of 2022-23 revealed a stark reality: there were 8,873 reported incidents of wild animal attacks, with wild elephants accounting for 4,193, wild boars for 1,524, tigers for 193, leopards for 244, and bison for 32.
  • Among these attacks, 27 fatalities were attributed to elephant encounters. Additionally, between 2017 and 2023, 20,957 instances of crop damage were recorded due to raids by wild animals, claiming the lives of 1,559 domestic animals, predominantly cattle.
  • Wild boars, notorious for ravaging farmlands, stand out as particularly problematic. Despite previous appeals to declare them as vermin being rejected by the Centre, Kerala took a proactive step in 2022 by empowering local self-governing bodies to deploy licensed shooters to address wild boar incursions into agricultural areas and human settlements.
  • However, this measure proved insufficient due to a lack of licensed shooters in villages and cumbersome procedures involving the forest department following each killing.
  • Consequently, the state is once again advocating for wild boars to be declared as vermin. Such a designation would grant villagers the authority to manage the menace independently, circumventing the bureaucratic hurdles that have hindered effective mitigation efforts thus far.
 
6. The Way Forward
 
Amending the Wildlife Protection Act to decentralize decision-making and declaring wild boar as vermin are crucial steps towards mitigating human-animal conflict in Kerala. These measures, coupled with proactive conservation initiatives, are essential for safeguarding lives, livelihoods, and biodiversity in the state.
 
 
For Prelims: World life Protection Act, Climate Change, human-Animal Conflict, Article 48 A, Article 51 A 
 
For Mains: 
1. Critically examine the effectiveness of the Wildlife Protection Act (WPA), 1972, in addressing the increasing cases of human-animal conflict in India. (250 Words)
2. Discuss the potential economic benefits of ecotourism and sustainable wildlife management practices in India. (250 Words)
 
 
Previous Year Questions

1. If a particular plant species is placed under Schedule VI of the Wildlife Protection Act, 1972, what is the implication? (UPSC 2020)

(a) A licence is required to cultivate that plant.
(b) Such a plant cannot be cultivated under any circumstances.
(c) It is a Genetically Modified crop plant.
(d) Such a plant is invasive and harmful to the ecosystem.

Answer: A

Source: The Indian Express

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