Proposed amendments to Wildlife Protection Act

Wildlife Protection Act 1972 is first umbrella act which established schedules of protected plants and animal species of India. By this act, hunting or harvesting these species was largely outlawed. The act extends to the whole of India, except the State of Jammu and Kashmir which has its own wildlife act. There are six schedules which give varying degrees of protection. This act has been amended from time to time.

Recently, it has been announced that the Government will bring further amendment to the Wildlife Protection Act. The amendment makes the law more unambiguous by including some definitions and provisions. Here is a short analysis:

Making wildlife corridors as Legal entities

• The proposed amendment incorporates a scientific definition of wildlife corridors into the act. This is a very important step which will save such areas from the threat of mining. As of now, the wildlife corridors are not as legal entities in India as wildlife sanctuaries and national parks. This creates confusion and that is why the proposed amendment would make sure these corridors become a legal entity so that they are protected by law and there can be no scope for confusion.
  
• This would also immediately help to protect elephant corridors from mining or some projects. The government runs into a problem because the elephant corridors are not defined as legal entities in India.
  

Making Provisions of CITES

• The proposed amendment makes some provisions of the CITES be incorporated into the Act.
  
• Convention on International Trade in Endangered Species of Wild Fauna and Flora or CITES or Washington Convention is an international agreement between governments that aims to ensure that international trade in specimens of wild animals and plants does not threaten their survival.
  

Protection of rights of indigenous people

• One more important amendment in the act is to make sure that rights of indigenous people dependent on forests are also protected. Problems appear when it comes to relocation of indigenous people for various projects, including mining and their rights over forest produces. Whenever the Protected Areas (PA) are notified, it creates problems for the people living in and around them.
  
• Via the latest amendment, the consultations with the gram Sabha will be made mandatory
  before a scheduled area is declared as a sanctuary. The amendments would add the definitions of ‘Gram Sabha’, ‘Panchayat’, and ‘Scheduled Areas’ in Section 2. Via Section 18 and 35 the provisions for having consultation with Gram Sabha in the event of the intention of the State Government for declaration of a Sanctuary and National Park has been included in the Act.
  

Participation of Local Communities:

• Via section 33, consultation with the Gram Sabha concerned for management and maintenance of a Sanctuary has been made mandatory. Via section 36D, the Representative of Panchayat or tribal community have been included in the Community Reserve Management Committee.
  

Wildlife Protection Act: Some more notable questions and answers for your exam:

Hunting which animals is a punishable offence?

• Please note that there are six schedules in the Wild Life (Protection) Act, 1972 which give varying degrees of protection. Out of the six schedules, Schedule I and part II of Schedule II provide absolute protection and offences under these are prescribed the highest penalties. Schedule I contains the various species of Mammals, Amphibians, Reptiles, Fishes, Birds, Mollucs, Arthropods, Corals and all Sea Cucumbers or Holothurians. BUT, you must note that Sea weeds are not fishes and have not been included in the Schedules of the Wild Life (Protection) Act, 1972.
  

Can we hunt those animals which create problems for us?

• The penalties for Schedule III and Schedule IV are less and these animals are protected. The animals included in these two schedules are like nilgai, wild boar, monkeys etc. Here, please also note that some of these animals such as like nilgai, wild boar, monkeys etc. can create problems for nearby crops and human populations. Under Section 11 of the Wildlife (Protection) Act, 1972, Chief Wildlife Warden is empowered to grant permission to a person to hunt such problematic animals included in Schedule III and IV of the Act that cause damage to standing crops. Schedule V includes the animals which may be hunted. These are Common crow, Fruit bats, Mice & Rats only.
  

What are protected plants?

• Schedule VI contains the plants, which are prohibited from cultivation and planting. Schedule VI contains the plants, which are prohibited from cultivation and planting. These plants are as follows
  
  • Beddomes’ cycad (Cycas beddomei)
    
  • Blue Vanda (Vanda soerulec)
    
  • Kuth (Saussurea lappa)
    
  • Ladies slipper orchids (Paphiopedilum spp.)
    
  • Pitcher plant (Nepenthes khasiana)
    
  • Red Vanda (Rananthera inschootiana)]

Who declares a Wildlife Sanctuary / National Park?

• State Government by notification if it considers that such area is of adequate ecological, faunal, floral, geomorphologic, natural or zoological significance.
  

Who fixes the boundary of Sanctuary / National park?

• The boundary of the Sanctuary / National park will be fixed by the state Government by a notification.
  

Is legislation required for alternation of boundaries?

• No. Alteration of the boundaries of a Sanctuary / national Park shall be made by a resolution passed by the Legislature of the State. No legislation is needed. ^{(was asked in your exam once upon a time)}
  

Who declares a Tiger Reserves?

• Please note that Tiger Reserves come under the “Project Tiger” that was launched in April, 1973. It was later given statutory backing by amendment of the Wildlife Protection Act in 2006 and thus National Tiger Conservation Authority was created. The NTCA is responsible for implementation of the Project Tiger plan to protect endangered tigers. It comes under Central Government, so central government declares the tiger reserves, though state governments can send their proposals and requests to NTCA.