Comparison of WPA 1972 and WPA 2022
| Aspect | WPA 1972 | WPA 2022(Amendment Act) |
|---|---|---|
| Core Objective (Scope of the Act) | Focused on protection of wild animals, birds, and plants to ensure ecological and environmental security. | Scope expanded to “protection, conservation, and management of wildlife”, indicating a shift from mere protection to active management. |
| Invasive Alien Species (IAS) | No provision or definition related to invasive alien species. | Defines invasive alien species as non-native species harmful to wildlife or habitat. Central Government empowered to regulate or prohibit import, trade, possession, or proliferation of IAS. |
| Non-Prohibited Activities in Sanctuaries | • No harm to wildlife or habitat without permit from Chief Wildlife Warden (CWLW). • Permits only for personal bona fide needs of local residents, not commercial use. • Only non-prohibited activity: Grazing or movement of livestock. | Expanded list of non-prohibited activities, including: • Grazing or movement of livestock • Hunting under valid permit conditions • Exercise of permitted land rights • Bona fide use of drinking and household water by local communities |
| Wild Animals as Government Property | • State Government owns hunted wild animals, their parts, hunting tools, and captive wildlife. • If hunted in NP/Sanctuary declared by GoI → property of GoI. | • Live animals unable to be released must be housed in recognised zoos or rescue centres. • Disposal of hunted animal parts (including meat) by State/GoI as prescribed — no commercial sale allowed. |
| Regulation of Transfer of Captive Animals | • Certificate holders cannot sell or transfer captive animals/articles for commercial purposes. Exemptions: • Peacock tail feathers • Transfers between recognised zoos or public museums | • Allows transfer or transport of captive elephants for religious or “other” purposes, subject to GoI conditions. • Provision dilutes elephant protection • “Other purposes” is vague and open to misuse. • Though commercial trade remains banned, elephants can now be legally transferred, enabling exploitation. |
| CITES Implementation | No provision to implement CITES obligations. | Explicit incorporation of CITES provisions. • GoI to designate: 1. Management Authority (MA) – issues import/export permits 2. Scientific Authority – advises on impact of trade • Mandatory reporting of trade in scheduled specimens • Identification marks mandatory; tampering prohibited • Registration compulsory for possessors of live scheduled animals • No explicit linkage between endangerment status and conservation prioritisation despite CITES alignment. |
| Schedules: Structure & Classification | Six schedules with graded protection: • Schedule I – Critically endangered • Schedule II – Less endangered • Schedule III – Big game • Schedule IV – Small game • Schedule V – Vermin • Schedule VI – Protected plants | Four schedules after rationalisation: • Schedule I – Highest protection (critically endangered) • Schedule II – Lower protection animals • Schedule III – Protected plants • Schedule IV – CITES-listed species • No clear scientific rationale for species placement. • Same protection for ecologically diverse species (e.g., tiger, jackal, barn owl) • Leads to resource allocation confusion. |
| Invasive Species Issue in Schedules | — | • Scheduling ignores ecological roles. • Example: Spotted deer (chital) placed in Schedule I despite being invasive in Andaman Islands, restricting legal culling. |
| Control and Management of Sanctuaries | • CWLW appointed by State Government controls, manages, and maintains sanctuaries. • CWLW: Chief Wild Life Warden | • CWLW must act according to management plans based on GoI guidelines. • In special areas, plans must be prepared after consultation with Gram Sabha. |
| Special Areas Defined | — | Includes: 1. Scheduled Areas (5th Schedule) 2. Areas under Forest Rights Act, 2006 |
| Conservation Reserves | State Governments empowered to declare areas adjacent to NPs/Sanctuaries as conservation reserves. | Central Government empowered to notify conservation reserves, increasing central control. |
| Surrender of Captive Animals | No provision for voluntary surrender. | Allows voluntary surrender of captive animals or animal products to CWLW. • No compensation • Surrendered items become State Government property. |
| Impact on People & Human-Wildlife Conflict | — | • Expansion of Schedule I worsens human-wildlife conflict (e.g., elephants, leopards, crocodiles). • Wild pigs and nilgai moved to Schedule I, preventing limited culling. • Ignores plight of marginal farmers and cultivators. |
| Research and Permits | Comparatively simpler permit regime. | Cumbersome and lengthy research permit process due to extensive listings, affecting NGOs and conservation research. |
| Federalism & Constitutional Concerns | Balanced Centre-State role under Concurrent List. | • Increased centralisation of powers .• Weakens state role despite wildlife being a Concurrent List subject (post 42nd Constitutional Amendment, 1976). |