Wild Life (Protection) Act, 1972 - Clarity Desk Hub IAS

Why Was the Wild Life (Protection) Act, 1972 Needed?

In the decades after Independence, India faced:

Rampant hunting and poaching
Large-scale habitat destruction
Unregulated trade in wildlife products (skins, ivory, trophies)

Wildlife protection laws existed earlier, but they were:

Fragmented
Weak
Province-specific

👉 Therefore, India needed a uniform, strong, national law to protect wildlife.

This led to the enactment of the Wild Life (Protection) Act, commonly called WPA 1972.

Territorial Applicability of WPA 1972

Originally, the Act extended to the whole of India except Jammu & Kashmir
After the abrogation of Article 370, the Act now fully applies to J&K as well

📌 UPSC insight:
This reflects how environmental governance is now uniformly centralised across the country.

Objectives of the Wild Life (Protection) Act, 1972

The Act provides a legal framework for:

Protection of wild animals and plants
Conservation and management of habitats
Regulation of trade and commerce in wildlife and wildlife products

👉 In short, it addresses species + habitat + trade together.

Features of WPA 1972

Schedules under the WPA 1972 (Very Important for Prelims)

The Act classifies wildlife into six schedules, providing different levels of protection.

(a) Purpose of Schedules

Not all species face the same threat
Hence, protection is graded, not uniform

(b) Overview of Schedules

Schedule I & II → Highest protection
Schedule III & IV → Moderate protection
Schedule V → Vermin
Schedule VI → Protected plants

📌 Key Power of Government of India:

GoI can:
- Add species
- Delete species
- Transfer species between schedules
Any wild animal (not in Schedules I & II) can be declared vermin by notification

👉 Vermin are animals considered harmful to → Agriculture | Human health | Food security

Prohibition of Hunting

One of the core pillars of the Act.

General Rule

Hunting of wild animals listed in Schedule I, II, III and IV is strictly prohibited.

📌 Hunting includes → Killing, Poisoning, Capturing, Trapping

Exceptions to the Prohibition (Strictly Regulated)

Hunting is permitted only with written permission from the Chief Wildlife Warden (CWLW) under specific conditions:

(a) Schedule I Animals

If the animal:
- Poses a grave threat to human life
- Is irreversibly disabled or diseased

(b) Schedule II, III, IV Animals

If the animal:
- Threatens human life or property
- Is irreversibly disabled or diseased

(c) Self-defence

Killing or injuring an animal in:
- Self-defence
- Defence of others

📌 UPSC note:
Even exceptions are procedural and controlled, not discretionary.

Establishment of Protected Areas (Heart of the Act)

The WPA 1972 provides for five categories of Protected Areas, each with a distinct conservation philosophy.

1. Wildlife Sanctuary

Declared by State or Central Government
Objective → Protect wildlife and their habitats
Rights of people → May continue, subject to regulation

👉 Sanctuaries represent co-existence between humans and wildlife.

2. National Park

Can be declared inside or outside a sanctuary
Protection level is higher than sanctuaries
Boundaries cannot be altered without recommendation of the National Board for Wildlife

📌 Human activity:

Generally prohibited
Allowed only with permission of the Chief Wildlife Warden

👉 National Parks follow the principle of strict preservation.

3. Conservation Reserve

Declared by State Government
Applicable to:
- Government-owned land
- Areas near National Parks or Sanctuaries

📌 Declared after consultation with local communities.

👉 Focus: Landscape-level conservation and ecological corridors.

4. Community Reserve

Declared on:
- Private land
- Community-owned land
Requires voluntary participation of individuals or communities

👉 This reflects bottom-up conservation, recognising the role of local communities.

5. Tiger Reserve

Declared by State Government
Based on recommendation of the National Tiger Conservation Authority

📌 Tiger reserves follow a core–buffer model and are crucial under Project Tiger.

Other Salient Features of the WPA 1972

(a) Regulation of Trade and Commerce

Trade in → Wildlife, Animal articles, Trophies is strictly regulated through → Licences, Permits

(b) Authorities under the Act

Chief Wildlife Warden → Appointed by State Government
Directors / Assistant Directors → Appointed by Central Government

This creates a dual administrative structure.

(c) Penalties

The Act prescribes stringent penalties, including → Imprisonment, Heavy fines

or offences such as:

Illegal hunting
Poaching
Trade in wildlife products
Commercial exploitation

📌 Penalties are stricter for Schedule I species.

Bodies Constituted under WPA

Why Were Special Wildlife Bodies Needed?

Laws alone do not protect wildlife.

Wildlife conservation requires:

Scientific expertise
Continuous monitoring
Policy coordination
Enforcement against organised crime
Balance between development and conservation

👉 Therefore, the WPA 1972 does not stop at rules and penalties; it creates specialised statutory bodies at national and state levels.

National Board for Wildlife (NBWL)

(a) Historical Background

In 1952, due to rapid decline in wildlife populations, the Government of India created the Indian Board for Wildlife (IBWL), chaired by the Prime Minister.
In 2002, the Wildlife (Protection) Amendment Act, 2002 replaced IBWL with the National Board for Wildlife (NBWL), giving it statutory status.

👉 This change converted wildlife conservation from an advisory concern into a legal governance function.

(b) Composition of NBWL

NBWL has a high-level and multidisciplinary composition, reflecting the national importance of wildlife.

Key members include:

Prime Minister – Chairperson
Minister in charge of MoEFCC – Vice-Chairperson
Three Members of Parliament (2 Lok Sabha, 1 Rajya Sabha)
Five NGO representatives
Ten eminent ecologists, conservationists, and environmentalists
Chief of the Army Staff

📌 UPSC Insight:
The inclusion of the Army Chief highlights the link between wildlife areas, border regions, and national security.

(c) Functions and Duties of NBWL

NBWL acts as the apex wildlife authority in India.

Its key functions are:

Reviewing all wildlife-related matters
Approving or rejecting projects inside National Parks and Wildlife Sanctuaries
Advising the Central and State Governments on wildlife conservation policies
Preparing and publishing a Status of Wildlife Report at least once every two years
Mandatory approval for:
- Alteration of boundaries of National Parks and Sanctuaries

👉 Without NBWL approval, protected area boundaries cannot be changed.

State Board for Wildlife (SBWL)

(a) Legal Basis

The Wildlife (Protection) Amendment Act, 2002 provided for the constitution of the State Board for Wildlife (SBWL).
It replaced the earlier Wild Life Advisory Board.

📌 This ensured uniformity across states in wildlife governance.

(b) Composition of SBWL

SBWL mirrors NBWL but at the state level.

Members include:

Chief Minister – Chairperson
Minister in charge of Forests and Wildlife – Vice-Chairperson
Three members of the State Legislature
- (Two in case of UT with legislature)
Three NGO representatives
Ten eminent ecologists, conservationists, and environmentalists, including:
- At least two representatives from Scheduled Tribes
One Armed Forces representative (rank not below Brigadier), nominated by GoI

📌 UPSC Insights:
Inclusion of Scheduled Tribe representatives reflects the attempt to balance tribal rights and conservation.

(c) Functions of SBWL

SBWL advises the State Government on:

Selection and management of Protected Areas
Wildlife conservation policies
Amendments to Schedules of the WPA
Balancing:
- Rights of forest-dwelling tribes and local communities
- Wildlife conservation objectives
Any other wildlife-related matter referred by the State Government

👉 SBWL is the bridge between local realities and conservation law.

Central Zoo Authority (CZA)

(a) Establishment and Status

The WPA 1972 provides for the constitution of the Central Zoo Authority (CZA).
It is a statutory body under the Ministry of Environment, Forest and Climate Change.

(b) Composition of CZA

Chairperson – Union Environment Minister
Ten members
Member Secretary

(c) Functions of CZA

CZA ensures that zoos function as conservation centres, not entertainment parks.

Its functions include:

Recognition and derecognition of zoos
Regulation of zoos across India
Prescribing minimum standards for:
- Housing
- Upkeep
- Veterinary care
Regulating national and international transfer/exchange of animals between zoos
Identifying endangered species for:
- Captive breeding
- Assigning responsibility to specific zoos

📌 UPSC Insight:
Captive breeding under CZA supports ex-situ conservation.

National Tiger Conservation Authority (NTCA)

(a) Background and Legal Status

The National Tiger Conservation Authority (NTCA) is a statutory body under the MoEFCC.
It was established under the WPA 1972, as amended in 2006.

NTCA has been explained in detail in “Wildlife Conservation” Chapter, you can read it here.

Wildlife Crime Control Bureau (WCCB)

(a) Legal Status

The Wildlife Crime Control Bureau (WCCB) is a statutory, multidisciplinary body.
Constituted under the WPA 1972, as amended in 2006.
Headquarters: New Delhi

(b) Why Was WCCB Needed?

Wildlife crime today is:

Organised
Transnational
Linked to illegal trade, smuggling, and organised crime networks

👉 Traditional forest departments alone were not sufficient.

(c) Functions of WCCB

WCCB is mandated to:

Collect and collate intelligence on organised wildlife crime
Share intelligence with States to apprehend criminals
Maintain a centralised wildlife crime data bank
Assist State Governments in:
- Investigation
- Prosecution of wildlife crimes
Advise the Government of India on:
- National and international wildlife crime issues
- Relevant laws and policies

📌 UPSC Linkage:
WCCB is India’s nodal agency for coordination with INTERPOL and CITES enforcement.

Big Picture: How These Bodies Work Together

Think of wildlife governance as a multi-layered system:

NBWL → Apex policy and clearance authority
SBWL → State-level planning and advisory body
CZA → Zoo regulation and captive conservation
NTCA → Species-specific (tiger) conservation authority
WCCB → Enforcement against wildlife crime

👉 Together, they convert the Wild Life (Protection) Act, 1972 from a legal text into a living conservation framework.

Amendments to WPA

Why Are Amendments to the WPA Important?

Wildlife conservation is not static.

New challenges continuously emerge:

Poaching networks become organised and transnational
Species decline patterns change
International conservation obligations evolve
Conflicts with local communities intensify

👉 Therefore, the Wild Life (Protection) Act, 1972 has been periodically amended to stay relevant.

Amendments to WPA till 2021: Evolution in Phases

The Act has been amended seven times:
1982, 1986, 1991, 1993, 2002, 2006, and 2013.

Instead of memorising years, UPSC expects you to understand the direction of change.

(a) WPA Amendment, 1982 – Scientific Wildlife Management

This amendment:

Allowed capture and transportation of wild animals
- Only for scientific management of animal populations

📌 Why was this needed?

Overpopulation of certain species
Need for:
- Relocation
- Veterinary treatment
- Habitat management

👉 This marked a shift from absolute protection to scientific conservation.

(b) WPA Amendment, 2002 – Institutional Strengthening

This amendment introduced:

The National Board for Wildlife (NBWL)

📌 Significance:

Wildlife governance became policy-driven
Clearance of projects in protected areas now required apex-level scrutiny

👉 This amendment strengthened decision-making structures, not just penalties.

(c) WPA Amendment, 2006 – Species-Specific and Crime-Focused Conservation

This was a turning point amendment.

It introduced:

National Tiger Conservation Authority (NTCA)
Wildlife Crime Control Bureau (WCCB)

📌 Why was this necessary?

Tigers were facing near-extinction
Wildlife crime had become:
- Organised
- Cross-border
- Linked to global illegal trade

👉 Conservation now addressed both species protection and crime control.

(d) WPA Amendment, 2013 – Community and Tribal Sensitivity

This amendment:

Protected traditional hunting rights of Scheduled Tribes
Applicable specifically to Andaman and Nicobar Islands

📌 UPSC Insight:
This reflects an important constitutional balance between:

Article 29 (cultural rights)
Article 48A & 51A(g) (environmental protection)

👉 Wildlife law began recognising indigenous lifestyles, not just wildlife numbers.

Wild Life (Protection) Amendment Act, 2022

The Wild Life (Protection) Amendment Act represents a modernisation of wildlife law in line with international commitments and domestic realities.

Let us understand its core objectives, not just provisions.

Key Objectives of the WPA Amendment Act, 2022

(a) Implementing India’s Obligations under CITES

India is a signatory to the Convention on International Trade in Endangered Species of Wild Fauna and Flora.

📌 CITES Objective:

Regulate international trade in endangered species
Ensure trade does not threaten survival of species

👉 The 2022 amendment aligns Indian law with global conservation governance.

(b) Rationalisation of Schedules

Earlier:

Six schedules with overlapping and outdated entries

Now:

Schedules are rationalised
Better alignment with:
- Conservation status
- Scientific classification

📌 This improves:

Clarity
Enforcement
Species-specific protection

(c) Strengthening Protection of Endangered Species

The amendment:

Enhances legal protection for:
- Critically endangered species
- Threatened flora and fauna

👉 These addresses:

Poaching
Illegal trade
Habitat loss

(d) Better Management of Protected Areas

The amendment aims to:

Improve governance of:
- National Parks
- Sanctuaries
- Conservation reserves

📌 Focus is on:

Scientific planning
Monitoring
Accountability

(e) Benefits to Local and Tribal Communities

Unlike older conservation models, the 2022 amendment recognises:

Role of local communities as conservation partners
Need to:
- Reduce human–wildlife conflict
- Provide livelihood support
- Ensure participatory conservation

👉 This reflects the shift from “fortress conservation” to “inclusive conservation.”