These are frequently asked questions in the Wildlife Protection Act, 1972 on the topic hunting, reserved forests, zoos, National Parks, etc.

Type – II: Write Short Notes on the following (3 M / 4 M / 5 M)

a) Important Definitions:

• Animal Articles: According to Section 2(2) of the Wildlife Protection Act, “animal article” means an article made from any captive animal or wild animal, other than vermin, and includes an article or object in which the whole or any part of such animal has been used, and ivory imported into India and an article made there from.
• Taxidermy: According to Section 2(30) of the Wildlife Protection Act, “taxidermy”, with its grammatical variations and cognate expressions, means the curing, preparation, or preservation of trophies.
• Trophy: According to Section 2(31) of the Wildlife Protection Act, “trophy” means the whole or any part of any captive animal or wild animal, other than vermin, which has been kept or preserved by any means, whether artificial or natural, and includes- (a) rugs, skins and specimens of such animal mounted in whole or in part through a process of taxidermy, and (b) antler, horn, rhinoceros horn, hair, feather, nail, tooth, musk, eggs and nests.
• Uncured Trophy: According to Section 2(32) of the Wildlife Protection Act, “uncured trophy” means the whole or any part of any captive animal or wild animal, other than vermin, which has not undergone a process of taxidermy, and includes a freshly killed wild animal, ambergris, musk and other animal products.
• Protected Areas: According to the Wildlife Protection act, sanctuaries and National Parks declared under this Act are called protected area.
• Reserved Forest: According to Section 2(25B) of the Wildlife Protection Act, “reserve forest” means the forest declared to be reserved by the State Government under section 20 of the Indian Forest Act, 1927 (16 of 1927).
• Sanctuary: According to Section 2(26) of the Wildlife Protection Act, “sanctuary” means an area declared, whether under section ⁵[26A] or section 38, or deemed, under sub-section (3) of section 66, to be declared, as a wild life sanctuary;

b) Need for Wildlife Conservation:

The Section 2(37) of the Act defines wildlife as wildlife includes any animal, bees, butterflies, crustacean, fishes, and moths; and aquatic or land vegetation which forms part of any habitat. So, the meaning of the wildlife in this Act is very wide and inclusive of all kinds of flora and fauna.

Need for wild life conservation:

• For a Healthy Eco-system: The eco-system is relationships between different organisms connected through food webs and food chains. All the Earth’s plants and animals rely on ecosystems to provide food and habitat.  Even if a single wildlife species gets extinct from the eco-system, the whole food chain gets disturbed leading to disastrous results.
• For Their Medicinal Values: A huge number of plants and animal species are used to benefit humans in one way or the other. A huge number of plants and animal species are used to benefit humans in one way or the other. It’s not only the plants which are useful, but many of the extracts from animal species are also rich in nutrients and anti-oxidants.
• For Agriculture and Farming: Human population largely depends on agricultural crops and plants for its food needs. The fruits and vegetables are a result of a process called pollination. The birds, bees, and insects play an important role as pollinating agents. Besides pollination, many birds also play an important role in controlling pests by feeding on them.
• For Preserving Rich Bio-diversity: Scientists and researchers are aggressively working these days to preserve plants and animals through ‘Gene Banks’. These gene banks are a storehouse of cells and tissues of scores of wildlife species and have a very important role in agriculture and farming.
• For Economic Value and Livelihood of Individuals: Wildlife also plays an important role in improving the economy of the country. Tourists from all across the globe come to see endemic and rare species at wildlife reserves and forests.
• For socio-cultural value: Wildlife also has an important role to play in different cultures. Many animal and plant species actually represent the cultural backbone of the community.

c) Objectives of the Wildlife Protection Act:

The objectives of the Wildlife Protection Act are as follows:

• To prohibit hunting of wild animals; birds, etc. and impose punishment for violating the same. The schedules give absolute protection to certain species and these cannot be infringed on any account. 
• To provide security to animals that are not in danger of becoming extinct.
• To delineate animals that can be hunted like ducks and deer’s. For this purpose the hunter has to apply for a license to the District Forest Officer who will allow a hunter to shoot during a specific season and restricted area. Any infringement can lead to cancellation of the hunting license.
• To help cultivation and plant life and gives teeth to setting up more protected animal parks.
• To give sweeping powers to law enforcement authorities to punish anybody guilty under the Act.
• To empower the Central Govt. and State Govt. to declare certain areas as Sanctuaries or National Parks.

d) Salient features of the Wildlife Protection Act:

The salient features of the Wildlife Protection Act are as follows:

• It defines wildlife-related terminology.
• It provides for the appointment of wildlife advisory Board, Wildlife Warden, their powers, duties, etc.
• It helped in becoming a party to the Convention of International Trade in Endangered Species of Fauna and Flora (CITES, 1976).
• It supported launching a “national component of UNESCO’s ‘Man and Biosphere Programme’ (1971).
• The Act made a comprehensive list of endangered wildlife species for the first time and prohibition of hunting of the endangered species was mentioned.
• It also provides for the protection of some endangered plants.
• It provides for setting up of National Parks, Wildlife Sanctuaries, etc.
• It provides for the constitution of Central Zoo Authority.
• It provides for trade and commerce in some wildlife species with a license for sale, possession, transfer, etc.
• It imposes a ban on the trade or commerce in scheduled animals.
• It provides for legal powers to officers and punishment to offenders.
• Very mild penalty and punishment are provided for an offender under the Act.
• The Act contains 66 Sections divided into seven chapters and six schedules.

e) Hunting under the Wildlife Protection Act:

Sec. 2(16) of Wildlife Protection Act, 1972 defines the word hunting. The Section says that ‘hunting’, with its grammatical variations and cognate expressions, includes:-

• killing or poisoning of any wild animal or captive animal and every attempt to do so;
• capturing, coursing, snaring, trapping, driving or baiting any wild or captive animal and every attempt to do so;
• injuring or destroying or taking any part of the body of any such animal or, in the case of wild birds or reptiles, damaging the eggs of such birds or reptiles, or disturbing the eggs or nests of such birds or reptiles;

The definition of hunting under the Wildlife Protection Act is quite comprehensive. It not only covers capturing, killing, poisoning, snaring and trapping of wild animals but also includes every attempt to do so. Further, hunting also includes ‘driving’ any wild animal for the above said purposes. Injuring or destroying or taking any part of the body of any such wild animal or in the case of a wild bird or reptile, damaging the egg of such birds or reptiles or even disturbing the eggs or nests of such birds or reptiles would also amount to hunting.

In case of schedule I animal, if the Chief Wildlife Warden of any state is satisfied that such animal has become dangerous to human life or is so disabled or diseased beyond recovery then he may, by order in writing and stating the reasons therefor, permit any person to hunt such animal or cause such animal to be hunted. In case of a wild animal specified in Schedule II to IV, the Chief Wildlife Warden or an Authorized Officer may permit such hunting as stated above not only when such wild animal has become dangerous to human life but also when it becomes dangerous to property and such property may include standing crops on any land.

Any person who hunts any wild animal shall be punishable with imprisonment for a term which may extend to 3 years or with fine which may extend to Rs. 25000/- or with both. However, if any person commits the offence in the sanctuary or national park, with respect any animal specified in Schedule I, he shall be punishable with imprisonment which shall not be less than 1 year but may extend to 6 years and also with fine which shall not be less than 5000/-.

f) Declaration of National Parks under the Wildlife Protection Act:

National Park is a place, or a park used for conserving the natural flora and fauna and the atmosphere of a place. It is a park which is used for protection purposes. It protects places of natural beauty. It provides a safe home to the natural beauty and protects the animals. Section 35 of the Wildlife Protection Act deals with the declaration of National Park. According to the Section:

• Whenever it appears to the State Government that an area, whether within a sanctuary or not, is, by reason of its ecological, faunal, floral, geomorphological or zoological association or importance, needed to be constituted as a National Park for the purpose of protecting, propagating or developing wild life therein or its environment, it may, by notification, declare its intention to constitute such area as a National Park. The notification referred to in sub-section (1) shall define the limits of the area which is intended to be declared as a National Park.
• If any area is intended to be declared as a national park it is first applied to investigation of the land and determination of the claims.
• When the period for preferring claims has elapsed, and all claims, if any, made in relation to any land in an area intended to be declared as a National Park, have been disposed of by the State Government, and all rights in respect of lands proposed to be included in the National Park have become vested in the State Government, the State Government shall publish a notification specifying the limits of the area which shall be comprised within the National Park and declare that the said area shall be a National Park on and from such date as may be specified in the notification.
• No alteration of the boundaries of a National Park shall be made except on a resolution passed by the Legislature of the State.

g) Cognizance of offence under the Wildlife Protection Act:

Section 55 of the Wildlife Protection Act deals with the cognizance of offence under the Act. According to Section 55 of the act, No court shall take cognizance of any offence against this Act except on the complaint of any person other than-

• the Director of Wildlife Preservation or any other officer authorized in this behalf by the Central Government; or
• The Member Secretary, Central Zoo Authority in matters relating to zoos; or
• the Chief Wildlife Warden, or any other officer authorized in this behalf by the State Government; or
• The member Secretary, Tiger Conservation Authority; or
• The Director of concerned tiger resetrve; or
• The officer incharge of a zoo; or
• any person who has given notice of not less than sixty days, in the manner prescribed, of the alleged offence and of his intention to make a complaint to the Central Government or the State Government or the officer authorized as aforesaid; or

In State of Bihar v. Murad Ali Khan, AIR 1989 SC 1 case, the Apex Court held that as far as offence under the Act is concerned, cognizance of such offences can be taken only on a complaint filed by any one of the seven categories of persons mentioned in the Act and ion such cases Section 201(1) of the CrPC is not attracted.

When prosecuting any person under the Act, if it is established that a person is in possession, custody or control of any animal article, meat, trophy or plant, it is to be presumed until the contrary is proved by the alleged offender, that the person in unlawful possession, custody, or control of such animal, article, meat, etc.

h) Functions of Central Zoo Authority:

According to Section 38 (c) of the Wildlife Protection Act, the Central Zoo Authority shall perform the following functions, namely:—

• specify the minimum standards for housing, upkeep and veterinary care of the animals kept in a zoo;
• evaluate and assess the functioning of zoos with respect to the standards or the norms as may be prescribed;
• recognise or derecognise zoos;
• identify endangered species of wild animals for purposes of captive breeding and assigning responsibility in this regard to a zoo;
• co-ordinate the acquisition, exchange and loaning of animals for breeding purposes;
• ensure maintenance of stud-books of endangered species of wild animals bred in captivity;
• identify priorities and themes with regard to display of captive animals in a zoo;
• co-ordinate training of zoo personnel in India and outside India;
• co-ordinate research in captive breeding and educational programmes for the purposes of zoos;
• provide technical and other assistance to zoos for their proper management and development on scientific lines;
• perform such other functions as may be necessary to carry out the purposes of this Act with regard to zoos.

i) Restrictions on Entry in a Sanctuary Under S. 27 of the Wildlife Protection Act:

According to Section 27 (1) of the Act, No person other than,—

(a) a public servant on duty,

(b) a person who has been permitted by the Chief Wild Life Warden or the authorised officer to reside within the limits of the sanctuary,

(c) a person who has any right over immovable property within the limits of the sanctuary,

(d) a person passing through the sanctuary along a public highway, and

(e) the dependants of the person referred to in clause (a), clause (b) or clause (c), shall enter or reside in the sanctuary, except under and in accordance with the conditions of a permit granted under section 28.