LEGAL PROVISIONS FOR PROTECTION OF ENVIORNEMT

The main cause of enviornment degredation is the human activity in one way or the other. Law is
a regulator of human conduct.Many people are under the impression that India does not have
strong wildlife conservation laws. On the contrary, we have some of the most stringent
legislations to protect wildlife and habitats. In any enviornment consicous state, enviornmental
problems are generally handled at legislature level.In India, from time to time various laws for the
protection of enviornemt , flora and faunahave been enacted. But the Indian constitution is
perhaps the first constitution in the world which contains specific provisions for the protection
and improvment of the enviornment. It reflects the human rights approach to enviornment
protection through various constitutional mandates.In India, the concern for enviornmental
protection has not only been raised to the status of fundamental law of the land,but it is also
wedded with human rights approach. The example of indian constitutional provisions for
enviornmental protection has been followed by other nations in the world. For example, the
framers of the constitution of South Africa were greatly influenced by the provisions relating to
enviornment protection under the Indian constitution and they have also incorporated similar
provisions in their constitution. The provisions for the protection of wildlife in india can be
discussed under following heads:-

1.Constitutional provisions for the protection of wildlife

When the Constitution of India was adopted in 1950, the framers had not foreseen the importance
of environmental preservation. This aspect received attention later and, in 1976, the 42nd
amendment was made in the constitution of India. The constitution( forty-second Amendment)
Act,1976 introduced-:

a) Article 48-A
It imposes obligation on the state to protect and improve the enviornment including wildlife.It
provides that The State shall endeavour to protect and improve the environment and to safeguard
the forests and wild life of the country

b) Article 51-A
Clause (g) of article 51-A imposes a fundamental duty on every citizen to protect, inter alia,
wildlife and to have compassion for living creatures. It provides that it shall be the duty of every
citizen of india to protect and improve the natural environment including forests, lakes, rivers and
wild life, and to have compassion for living creatures. A perusal of the said provision clearly
shows that both state as well as citizens are under an obligation to protect the wildlife and to have
compassion for living creature

c) Seventh Schedule
List III of the seventh schedule contains the following entries under which both the centre and the
state can make laws:-
Entry 17. Prevention of cruelty to animals
Entry 17-A. Forest
Entry 17-B. protection of wildlife and birds.
Entry 29. Prevention of the extension from one State to another of infectious or contagious
diseases or pests affecting men, animals or plants.
Further, list II of the seventh schedule also contains the following entries under which the state
can make laws to preserve, protect and improve the livestock and prevent animal diseases, and on
fisheries
Entry 15.Preservation, protection and improvement of stock and prevention of animal diseases;
veterinary training and practice.
entry 21 Fisheries.

2. Provisions under Indian penal code,1860.

The Indian penal code, 1860 did not contain any specific provision relating to wildlife, but it
defines the term "animal" under section 47 as any living creature, other than a human being. The
code declares maiming, killing of animals as an offence punishable under section 428 and
Section 429.

3.Prevention of Cruelty to Animals Act,1960.

The Prevention of Cruelty to Animals Act is an Act of the Parliament of India enacted in 1960 to
prevent the infliction of unnecessary pain or suffering on animals and to amend the laws relating
to the prevention of cruelty to animals.

a) Section 4 the act provides for the establishment of Animal Welfare Board for the promotion of
animal welfare generally and for the purpose of protecting animals from being subject to
unnecessary pain or suffering, in particular.

b) Section 11 of the act is a penal provision and provides that

(1) If any person—
(a) beats, kicks, over-rides, over-drives, over-loads, tortures or otherwise treats any animal so as
to subject it to unnecessary pain or suffering or causes or, being the owner permits, any animals to
be so treated; or
(b) employs in any work or labour or for any purpose any animal which, by reason of its age or
any disease, infirmity, wound, sore or other cause, is unfit to be so employed or, being the owner,
permits any such unfit animal to be so employed; or
(c) wilfully and unreasonably administers any injurious drug or injurious substance to any animal
or wilfully and unreasonably causes or attempts to cause any such drug or substance to be taken
by 14 any animal; or
(d) conveys or carries, whether in or upon any vehicle or not, any animal in such a manner or
position as to subject it to unnecessary pain or suffering; or
(e) keeps or confines any animal in any cage or other receptacle which does not measure
sufficiently in height, length and breadth to permit the animal a reasonable opportunity for
movement; or
(g) being the owner, neglects to exercise or cause to be exercised reasonably any dog habitually
chained up or kept in close confinement; or
(h) being the owner of any animal, fails to provide such animal with sufficient food, drink or
shelter; or
(i) without reasonable cause, abandons any animal in circumstances which render it likely that it
will suffer pain by reason of starvation or thirst; or
(j) wilfully permits any animal, of which he is the owner to go at large in any street while the
animal is affected with contagious or infectious disease or, without reasonable excuse permits any
diseased or disabled animal, of which he is the owner, to die in any street; or
(k) offers for sale or, without reasonable cause, has in his possession any animal which is
suffering pain by reason of mutilation, starvation, thirst, overcrowding or other ill-treatment; or
(l) mutilates any animal or kills any animal (including stray dogs) by using the method of
strychnine injections in the heart or in any other unnecessarily cruel manner; or;
[m) solely with a view to providing entertainment—
(i) confines or causes to be confined any animal (including tying of an animal as a bait in a tiger
or other sanctuary) so as to make it an object of prey for any other animal; or
(ii) incites any animal to fight or bait any other animal; or
(n) organises, keeps, uses or acts in the management of, any place for animal fighting or for the
purpose of baiting any animal or permits or offers any place to be so used or receives money for
the admission of any other person to any place kept or used for any such purposes; or
(o) promotes or takes part in any shooting match or competition wherein animals are released
from captivity for the purpose of such shooting; he shall be punishable, in the case of a first
offence, with fine which shall not be less than ten rupees but which may extend to fifty rupees,
and in the case of a second or subsequent offence committed within three years of the previous
offence, with fine which shall not be less than twenty-five rupees but which may extend to one
hundred rupees or with imprisonment for a term which may extend to three months, or with both.
(2) For the purposes of sub-section (1), an owner shall be deemed to have committed an offence if
he has failed to exercise reasonable care and supervision with a view to the prevention of such
offence: Provided that where an owner is convicted of permitting cruelty by reason only of
having failed to exercise such care and supervision, he shall not be liable to imprisonment
without the option of a fine.
(3) Nothing in this section shall apply to—
(a) the dehorning of cattle, or the castration or branding or nose-roping of any animal, in the
prescribed manner; or
(b) the destruction of stray dogs in lethal chambers or by such other methods as may be
prescribed; or
(c) the extermination or destruction of any animal under the authority of any law for the time
being in force; or
(d) any matter dealt with in Chapter IV; or
(e) the commission or omission of any act in the course of the destruction or the preparation for
destruction of any animal as food for mankind unless such destruction or preparation was
accompanied by the infliction of unnecessary pain or suffering.

c) Section 15 the central Government is empowered constitute a Committee for the purpose of
controlling and supervising experiments on animals by notification in the Official Gazette. d))d)

d) Chapter V of the act imposes restrictions on training and exhibition of animals

Section 21 provides that `exhibit means exhibit at any entertainment to which the public are
admitted through sale of tickets and ``train'' means train for the purpose of any such exhibition,
and the expression ``exhibitor'' and ``trainer'' have respectively the corresponding meaning.
Section 22 provides that No person shall exhibit or train-
(i) any performing animal unless he is registered in accordance with the provisions of this
Chapter;
(ii) as a performing animal, any animal which the Central Government may, by notification in the
Official Gazette, specify as an animal which shall not be exhibited or trained as a performing
animal.

4.The Wildlife Protection Act, 1972

a) Objective of the act
The act was enacted with the object to provide a comprehensive national legal framework for
Wild Life Protection.The objectives of this enactment were three fold, i.e., to have a uniform
legislation on wildlife throughout the country to establish a network of protected areas, i.e.,
National Parks and Sancturies and to regulate illicit trade in wildlife and its products.The Act
adopts a two pronged conservation strategy—
(i) Specified endangered species are protected regardless of location,
(ii) All species are protected in specified areas.

b)The Wild Life (Protection) Amendment Act, 2002

The Wild Life (Protection) Amendment Act, 2002 has made substantial
changes in the Wild Life Protection Act, 1972. The long title of the 1972 Act
has also been amended and now from the amended title of the 1972 Act it is
clear that said act has been enacted for the following two purposes :
(i) To provide for protection of wild animals, birds and plants and for matters connected therewith
or ancillary or incidental thereto.
(ii) To ensure the ecological and environmental security of the country.

d)Salient Features of the Wild Life Protection Act

1. Authorities to be appointed under the act.
The act empowers central Government and state Governemnent to appoint certain authorities.
under section 3 the central government may appoint :
(a) A director of Wildlife preservation; and
(b) such other officers and employees as may be necessary.
similarly, under section 4 the state government may appoint:
(a) A chief wild life warden;
(b) wild life wardens;
(c) Honorary Wild Life Wardens; and
(d) Such other officers and employees as may be necessary

2.National board for wildlife

section of 5-A of the Amendment act of 2002 provides that the central Government shall, within
three months from the date of commencment of the wild life (protection) Amendment Act, 2002,
constitute the National Board for Wild life consisting of the following members
(a) the Prime Minister as Chairperson;
(b) the Minister in-charge of Forests and Wild Life as Vice-Chairperson;
(c) three Members of Parliament of whom two shall be from the House of the People and one
from the Council of States;
(d) Member, Planning Commission in-charge of Forests and Wild Life;
(e) five persons to represent non-governmental organisations to be nominated by the Central
Government;
(f) ten persons to be nominated by the Central Government from amongst eminent
conservationists, ecologists and environ-mentalists;
(g) the Secretary to the Government of India in-charge of the Ministry or Department of the
Central Government dealing with Forests and Wild Life;
(h) the Chief of the Army Staff;
(i) the Secretary to the Government of India in-charge of the Ministry of Defence;
(j) the Secretary to the Government of India in-charge of the Ministry of Information and
Broadcasting;
(k) the Secretary to the Government of India in-charge of the Department of Expenditure,
Ministry of Finance;
(l) the Secretary to the Government of India, Ministry of Tribal Welfare;
(m) the Director-General of Forests in the Ministry or Department of the Central Government
dealing with Forests and Wild Life;
(n) the Director-General of Tourism, Government of India;
(o) the Director-General, Indian Council for Forestry Research and Education, Dehradun;
(p) the Director, Wild Life Institute of India, Dehradun;
(q) the Director, Zoological Survey of India;
(r) the Director, Botanical Survey of India;
(s) the Director, Indian Veterinary Research Institute;
(t) the Member-Secretary, Central Zoo Authority;
(u) the Director, National Institute of Oceanography;
(v) one representative each from ten States and Union territories by rotation, to be nominated by
the Central Government;
(w) the Director of Wild Life Preservation who shall be the Member-Secretary of the National
Board.
The term of office of the members other than those who are members ex officio, the manner of
filling vacancies and the procedure to be followed in the discharge of their functions by the
members of the national board shall be such, as may be prescribed. The members other than ex
officio members shall be entitled to recieve allowances in respect of expenses incurred in the
performance of their duties. The office of a member of the national board shall not be deemed to
be an office of profit. The national board for wildlife has been constituted by central Government
with effect from 22.9.2003.

Standing committe of the National Board

Under Section 5-B The National board may, in its discretion , constitute a Standing Committee
for the purpose of exercising such powers and performing such duties as may be delegated to the
Committee by the National Board.
(2) The Standing Committee shall consist of the Vice-Chairperson, the Member-Secretary, and
not more than ten members to be nominated by the Vice-Chairperson from amongst the members
of the National Board.
(3) The National Board may constitute committees, sub-committees or study groups, as may be
necessary, from time to time in proper discharge of the functions assigned to it.

Functions of the national Board

Section 5-C which was added by amendment act of 2002, provides that it shall be the duty of thr
national board It shall be the duty of the National Board to promote the conservation and
development of wild life and forests by such measures as it thinks fit. Such measures may provide
for :-
(a) framing policies and advising the Central Government and the State Governments on the ways
and means of promoting wild life conservation and effectively controlling poaching and illegal
trade of wild life and its products;
(b) making recommendations on the setting up of the management of national parks, sanctuaries
and other protected areas and on matters relating to restriction of activities in those areas;
(c) carrying out or causing to be carried out impact assessment of various projects and activities
on wild life or its habitat;
(d) reviewing from time to time, the progress in the field of wild life conservation in the country
and suggesting measures for improvement thereto; and
(e) preparing and publishing a status report at least once in two years on wild life in the country.

3.State Board for wild life

Section 6 provides that The State Government shall, within a period of six months from the date
of commencement of the Wild Life (Protection) Amendment Act, 2002 constitute a State Board
for Wild Life consisting of the following members, namely:—
(a) the Chief Minister of the State and in case of the Union territory, either Chief Minister or
Administrator, as the case may be—Chairperson;
(b) the Minister in-charge of Forests and Wild Life—Vice Chairperson;
(c) three members of the State Legislature or in the case of a Union territory with Legislature, two
members of the Legislative Assembly of that Union territory;
(d) three persons to represent non-governmental organisations dealing with wild life to be
nominated by the State Government;
(e) ten persons to be nominated by the State Government from amongst eminent conservationists,
ecologists and environ-mentalists including at least two representatives of the Scheduled Tribes;
(f) the Secretary to the State Government or the Government of the Union territory, as the case
may be, in-charge of Forests and Wild Life;
(g) the Officer in-charge of the State Forest Department;
(h) the Secretary to the State Government, Department of Tribal Welfare;
(i) the Managing Director, State Tourism Development Corporation;
(j) an officer of the State Police Department not below the rank of Inspector-General;
(k) a representative of the Armed Forces not below the rank of a Brigadier to be nominated by the
Central Government;
(l) the Director, Department of Animal Husbandry of the State;
(m) the Director, Department of Fisheries of the State;
(n) an officer to be nominated by the Director, Wild Life Preservation;
(o) a representative of the Wild Life Institute of India, Dehradun;
(p) a representative of the Botanical Survey of India;
(q) a representative of the Zoological Survey of India;
(r) the Chief Wild Life Warden, who shall be the Member-Secretary.
Section 7 provides the procedure to be followed by state board for wild life. It provides that the
Board shall meet at least twice a year and shall regulate its own procedure including the quorum.
Any defect in the constitution of the board or and irregularity in the procedure of the board shall
not affect the merits of the case.

Duties of state board for wildlife

Section 8 of the act provides that it shall be the duty of the State Board for Wild Life to advise the
State Government,
(a) in the selection and management of areas to be declared as protected areas;
(b) in formulation of the policy for protection and conservation of the wild life and specified
plants;
(c) in any matter relating to the amendment of any Schedule;
(cc) in relation to the measures to be taken for harmonising the needs of the tribals and other
dwellers of the forest with the protection and conservation of wild life; and
(d) in any other matter connected with the protection of wild life which may be referred to it by
the State Government.

4.Hunting of wild animals

Section 9 prohibits the hunting of wild animals specified in schedule I, II, III of the act. however
section 11 provides that if the chief warden is satisfied that-
(a)any wild animal specified in Schedule I has become dangerous to human life; or
(b)is so disabled or;
(c)diseased as to be beyond recovery;or
(d)any wild animal specified in Schedule II, Schedule III, or Schedule IV, has become dangerous
to human life or to property (including standing crops on any land) or;
(e) is so disabled or;
(f) diseased as to be beyond recovery;
he may be order in writing and stating the reasons therefor, permit any person to hunt 2[such
animal or group of animals in a specified area or cause such animal or group of animals in that
specified area to be hunted. however,no wild animal shall be ordered to be killed unless the Chief
Wild Life Warden is satisfied that such animal cannot be captured, transquilised or
translocated.the process of capture or translocation, as the case may be, of such animal shall be
made in such manner as to cause minimum trauma to the said animal.It is further provided that no
such captured animal shall be kept in captivity unless the Chief Wild Life Warden is satisfied that
such animal cannot be rehabilitated in the wild and the reasons for the same are recorded in
writing.

Grant of permit to Hunt for special purposes

Section 12 provides that it shall be lawful for the Chief Wild Life Warden, to grant a permit, by
an order in writing stating the reasons, to any person, for the purpose of,—
(a) education;
(b) scientific research;
(bb) scientific management,which means—
(i) translocation of any wild animal to an alternative suitable habitat; or
(ii) population management of wild life without killing or poisoning or destroying them
(c) collection of specimens for recognised zoos or for museums and similar institutions;
(d) derivation, collection or preparation of snake-venom for the manufacture of life-saving drugs
however no such permit shall be granted except with the permission of the central government for
the animals specified in schedule I, and of the state government for the animals specified in
Schedules II, III, IV, V And VI of the act.

5.Protection of specified plants

Section 17-B provides that no person shall—
(a) wilfully pick, uproot, damage, destroy, acquire or collect any specified plant from any forest
land and any area specified, by notification, by the Central Government;
(b) possess, sell, offer for sale, or transfer by way of gift or otherwise, or transport any specified
plant, whether alive or dead, or part or derivative
however, nothing in this section shall prevent a member of a scheduled tribe, subject to the
provisions of Chapter IV, from picking, collecting or possessing in the district he resides any
specified plant or part or derivative thereof for his bonafide personal use.
Chapter IV of the act deals with protected areas such as sanctuaries, National parks, and
closed areas.
6.Sanctuaries
Section 18 provides that the State Government may, by notification, declare its intention to
constitute any area other than area comprised with any reserve forest or the territorial waters as a
sanctuary if it considers that such area is of adequate ecological, faunal, floral, geomorphological,
natural or zoological significance, for the purpose of protecting, propagating or developing
wildlife or its environment. For the purposes of this section, it shall be sufficient to describe the
area by roads, rivers, ridges, or other well-known or readily intelligible boundaries.
7.National Park
Under section 35 the state government, for the purpose of protecting, propagating or developing
wildlife may by a notification declare that an area, by reason of its ecological, faunal, floral,
geomorphological or zoological association or importance, needed to be constituted as a National
Park. Once a National Park is declared, no alteration of the boundaries shall be made except on
the resolution passed by the legislature of the state. In a National Park, the following activities are
strictly prohibited;
a) Destroying, exploring or removing any wildlife,
b) Destroying, damaging the habitat of any wild animal,
c) Deprive any wild animal of its habitat,
d) Grazing of any livestock
8.Central zoo authority and recognition of zoos
chapter IV-A was added in 1991 by way of amendment to the wildlife (protection) Act, 1972. it
deals with central zoo authority and recognition of zoos.
Section 38-A provides The central government shall constitute the Central Zoo Authority,
consisting of a chair person, tem members and a member secretary.Section 38-C provides that
The Central Zoo Authority shall perform the following functions
(a) Specify the minimum standards for housing, unkeep and veterinary
care of the animals kept in a zoo;
(b) Evaluate and assess the functioning of zoos with respect to the standards or the norms as may
be prescribed;
(c) Recognize or derecognize zoos;
(d) Identify endangered species of wild animals for purposes of captive breeding and assigning
responsibility in this regard to a zoo;
(e) Co-ordinate the acquisition, exchange and loaning of animals for breeding purposes;
(f) Ensure maintenance of stud-books of endangered species of wild animals bred in captivity;
(g) Identify priorities and themes with regard to display of captive animals in a zoo;
(h) Co-ordinate training of zoo personnel in India and outside India;
(i) Co-ordinate research in captive breeding and educational programmes for the purposes of
zoos;
(j) Provide technical and other assistance to zoos for their proper management and development
on scientific lines;
(k) Perform such other functions as may be necessary to carry out the purposes of this Act with
regard to zoos.
9.Trade or commerce in wild animals, animal articles and trophies
The term 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, rugs, skins, and specimens of such animals mounted in whole or in part through a
process of taxidermy, and antler, horn, rhinoceros horn, feather, nail, tooth, musk, eggs, and nests.
And uncured trophy means the whole or any part of any captive 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;
Section 39 of the Act, declares that every wild animal other than vermin, which is hunted or kept
or bred in captivity or found dead or killed by mistake, shall be the property of the State
Government. Likewise, animal articles, trophy or uncured trophy, meat derived from any wild
animal, ivory imported to India, article made from such ivory, vehicle vessel weapon, trap or tool
that has used for committing an offence and has been seized shall be the property of the state
government. If any of the above is found in the sanctuary or a National Park declared by the
Central Government then it shall be property of the Central Government.
10.Prevention and Detection of Offences
Sec. 50 of this Act confers power of entry, search, arrest and detention on the Director or any
other officer authorized by him or the chief wildlife warden or Officer authorized by him or any
Police Officer not below the rank of Sub-inspector. Officer not below the rank of Assistant
Director of Wildlife Preservation or Wildlife Warden shall have the powers to issue a search
warren, to enforce the attendance of witnesses, to compel the discovery and production of
documents and material objects and to receive and record evidence.
11.Cognizance of Offence
As per section 55 No court shall take cognizance of any offence against the Wildlife Protection
Act except on a complaint by: The Director of wildlife preservation or any other officer
authorized in this behalf by the Central Government or; The Chief Wildlife Warden or any other
officer authorized by the State Government; or, any person who has given notice of not less than
60 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 authorised as aforesaid.
12.Punishments
where the offence committed is in relation to any animal specified in Scheduled I or Part II of
Schedule. II, or meat of any such animal, animal article, trophy, or uncurled trophy derived from
such animal or where offence [relates to hunting in, or, altering the boundaries of] a sanctuary or
a National Park, such offence shall be punishable with imprisonment for a term which shall not
be less than [one year] but may extend to six years and also with fine which shall not be less than
five thousand rupees. Provided further that in the case of a second or subsequent offence of the
nature mentioned in this sub-section, the term or imprisonment may extend to six years and shall
not be less than two years and the amount of fine shall not be less than ten thousand rupees .Any
person who contravenes any provisions of Chapter VA, [Prohibition of Trade or Commerce in
Trophies, Animal Articles, etc. derived from Certain Animals.] shall be punishable with
imprisonment for a term which shall not be less then one year but which may extend to seven
years and also with fine which shall not be less than five thousand rupees.

Any person who contravenes the provisions of Section 38J [tease, molest, injure or feed any
animal or cause disturbance to the animals by noise or otherwise, or litter the grounds in a zoo]
shall be punishable with imprisonment for a term which may extend to six months or with fine
which may extend to two thousand rupees, or with both. Provided that in case of second or
subsequent offence the term of imprisonment may extend to one year or the fine may extend to
five thousand rupees As per section 52, whoever attempts to contravene, or abets the
contravention of, any of the provisions of this Act or of any rule of order made hereunder shall be
deemed to have contravened that provision or rule or order, as the case may be.
If any person, exercising powers under this Act, vexatiously and unnecessarily seizes the property
of any other person on the pretence of seizing it for the reasons mentioned in sec. 50, he shall, on
conviction, be punishable with imprisonment for a term which may extend to six months, or with
fine which may extend to five hundred rupees, or with both.

13.Forfeiture of Property Derived from Illegal Hunting and Trade

A new chapter, Chapter VI-A, had been incorporated by the Wildlife (Protection) Amendment Act
of 2002 . According to this new chapter, if any person or associate of persons or trust acquires
property from illegal hunting or trade of wildlife, it shall be forfeited to the State Government by
the competent authority. Such property can be forfeited after taking all necessary steps (inquiry,
investigation or survey in respect of any person, place, property, documents institution, etc.) and
after tracing and identifying any such property.
During the investigation and proceeding of forfeit the property, if the competent authority finds
that only a part of the acquired property is proved illegal, the authority shall make orders, giving
an opportunity to the person affected, to pay a fine equal to the market value of such part of
property in lieu of forfeiture.