Wildlife Protection Act 1972
Last updated: Mar 16, 2021| Sanctuary | National Park |
|---|---|
| Only animals protected | Flora & fauna protected |
| Less strict restrictions | More strict restrictions |
| No alteration in boundary without reco of Nat. Board as per Sec 26A | No alteration in boundary without reco of Nat. Board as per Sec 35 |
| Grazing by livestock possible by CWW u/s 33(d) | Grazing by livestock banned u/s 35(7) |
| CWW can grant permit for photography, scientific,etc u/s 28 | sec 28 also valid for Nat parks |
| Collector determines all rights/claims before declaring sanctuary u/s 19 | sec 19 also valid in case of nat parks |
Sec 2 defines hunting as killing/poisoning/capturing/trapping/baiting/injuring any wild or captive animal and every attempt to do so …….. so its a very wild defn..eg even transporting an animal from one sanctuary to another is hunting & requires permission of Chief Wildlife Warden.
Sec 9 : prohibits hunting of Sch 1-4 animals except on taking CWW permission u/s 11,12
Sec 34 : Arms licence within 10 km of any sanctuary has to be further approved by CWW. (No such provision for nat parks)
Sec 19 : Power of State govt to declare sanctuary if specified condns are satisfied Sec 35 : Power of State govt to declare Nat park if specified condns are satisfied Sec 38 : Power of Central govt to declare sanctuary iff State govt had transferred that land to GoI and, Power of Central govt to declare Nat park on ANY land (whether or not leased out by state govt to GoI)
Sec 39: All wild animal (except vermin) is property of State or Central govt (depending on the nat park/sanc from which its hunted) & anyone possessing it should report to nearest thana within 48 hrs. , unless he’s given a lawful certificate of ownership by CWW u/s 42.
Conservation Reserve : A land to preserve landscape, flora, fauna, etc. usually adjoining a sanc/nat park…Can be declared by State govt only u/s 36A
Community Reserve : A land where the community/individual volunteers to conserve wildlife/habitat…Can be declared by State govt only u/s 36C
Sec 38H : No zoo can operate without recognition of Central Zoo Authority (->estd under this Act)
Sec 38V : State govt. will notify a ‘Tiger reserve’ on reco of NTCA. To alter it, State govt. needs reco of NTCA& NBWL.
Sec 44 : Trade in animal articles/trophy prohibited unless licence by CWW is taken
Sec 51 : Penalty under this Act is max 3 yr impris/ Rs 25k
Sec 55 : Only Wildlife officials (eg CWW) can take cognizance of an offence under this Act (not any court)
Sec 57 : BoP is on accused (ie. he who has possesion of animal article)
Trade in which animal articles/trophies are allowed under this Act?
Firstly, Chap VA ins. vide 1991 amdt. contains 2 imp. sections : 49A & 49B. Sec 49 A defines Animals included in Schedule I or Part II of Schedule II as “ Scheduled animals”. Also it says that any article in which the whole or part of any Scheduled animal is used, is a “Scheduled animal article”, excluding tail feathers of peacock and snake venom.
Now Sec 44 says that trade in any animal article is allowed after taking a licence from CWW. But Sec 49B is an exception to Sec 44. Sec 49B says that trade in (i) a “Scheduled animal article” & (ii) foreign ivory imported into India, is banned & even a Sec 44 licence can’t legalize it !