The Bollywood movie “Hum Saath Saath Hain” remains iconic for its audience for the family relations reflected among the relations. However, for actors, the shooting became more of a problem because of the Black Buck poaching case. What backfired upon an animal hunting scenario is the Wild Life (Protection Act), 1972. Here, on World Wild Life Day 2025, we bring a summary of what the law holds and led the path for authorities responsible for protecting animals in the wild.
History of Legal Protection for Wildlife
If we look at the legal stature for wild life before the 1972 Act came into force, there was Wild Birds Protection Act passed by the British Government in India. After that, the Wild Birds and Animals Protection Act followed its path. However, there were some gaps which lacked to cater the rising issue for protecting wild life and certain species from extinction. Therefore, the subject of “forests” was shifted to the Concurrent List and the Wild Life (Protection) Act, 1972 was enacted. The concept of environment protection has even been included in the fundamental duties under Indian Constitution.
Objects of Wild Life (Protection) Act
- Prohibits animal hunting
- Seeks to protect and manage the wildlife habitats
- Requires the establishment of protected areas
- Management of Zoos
- Regulation and control of trade in wildlife
- Regulation and control of products derived from wildlife
- The Act also aims at classification of wildlife animals based on the level of protection they need, based on whether they are at the verge of extinction or their progeny is growing at a normal pace.
Important Provisions of Wild Life Protection Act
- Section 5A of Wild Life Protection Act
The provision under Section 5A of the Act lays about the constitution of a National Board for Wild Life. The said Board includes the Prime Minister of India as the Chairperson, with the Minister in-charge of Forests and Wild Life being the Vice-Chairperson, 2 Lok Sabha and 1 Rajya Sabha MPs being members, one member from the Planning Commission in-charge of Forests and Wild Life, 5 representatives of the NGOs as nominated by the Central Govt., 10 members being nominated by the Govt. from eminent conservationists, ecologists and environmentalists, etc.
- Section 6 of Wildlife Protection Act 1972
The provision under Sec 6 of Wild Life Protection Act lays about the constitution of a State Board for Wild Life. The Board is chaired by the Chief Minister of the State/UT, with the Minister in-charge of Forests and Wild Life being the Vice-Chairperson, 3 representatives from NGOs, 10 nominations from persons among eminent conservationists, ecologists and environmentalists with at least 2 of them being from Scheduled Tribes, Secretary to the Govt., etc.
- Section 38A of Wildlife Protection Act
The provisions of 1972 Act not only empower the National and State Governments for constitution of a separate Board. It also lays about the constitution of a Central Zoo Authority. It comprises of a chairperson, members not exceeding 10 people, and a member-secretary.
- Section 38L
The Wild Life Protection Act Section 38L lays about the constitution of a National Tiger Conservation Authority. The following provisions lay about the term of office and conditions of service of members, their powers and functions, etc.
- Section 38Y and 38Z
The establishment of a Wildlife Crime Control Bureau. The same is termed as the Tiger and other Endangered Species Crime Control Bureau. The powers and functions of its members are also specified.
- Section 39 of Wild Life (Protection) Act
As per Section 39 of Wild Life Protection Act specifies that wild animals shall be the government property. The provision of Wildlife Protection Act specifies what are the properties belonging to the State Government:
– Any wild animal kept or bred or hunt in contravention of the Act (Vermin to be an exception)
– Any Animal article, trophy or uncured trophy or meat derived from a wild animal pertaining to which an offence is committed under the Act
– Ivory imported into India or an article made of ivory being an offence under the Act
– Any vehicle, vessel, weapon, trap or tool used for committing an offence which has been seized
On the other hand, any such property shall belong to the Central Government if it was hunted in a sanctuary or National Park as declared by the Central Govt. Any person who by any means comes in possession of government property as per the Act has to report the same within 48 hours. Nobody can acquire/keep/transfer/destroy/damage a government property without permission from the Chief Wild Life Warden.
- Sec 51 of Wild Life Protection Act
This provision of Wildlife Protection Act lays the penalties for contravention of the Act. If someone contravenes anything stated in the Act or related rules/order or any of the conditions of a license/permit in this regard shall be guilty of offence under this Act. Such a person may have to undergo imprisonment for a maximum 3 years or with fine up to Rs 25,000 or both.
Any offence committed in relation to any animal specified in Schedule 1 or Part 2 of Schedule 2 or its meat/article/trophy/uncuredtrophy or offence of hunting in a sanctuary/National Park is punishable with imprisonment up to 3 years to 7 years or with fine of Rs 10,000 or more. Subsequent offences lead to an increase in punishment. The punishment may also accompany the cancellation of any license or permit in this regard.
