Introduction

Prior to the 1960s, environmental law did not exist as a discrete domestic and international legal
category. Modern environmental protection has some roots in nineteenth century public health
and resources conservation laws as well in private legal actions for pollution damage.
(Environmental law has roots in private actions which protect the use and enjoyment of land,
nuisance and abuse of rights, and in the public health reform laws of the nineteenth century
(Hughes, 1986)). However, prior to the late nineteenth and early twentieth centuries, there was
no widespread appreciation of the idea that ecosystems and water and air masses were
geographical units that should be the subject of special legal protection. The science-based idea
that the biosphere was a fragile system vulnerable to human-induced impairment only became
widely accepted after World War II. When the idea gained wide acceptance in the late 1960s,
legal protection of air, water, soil, and ecosystems, such as wetlands and forests, quickly
followed, particularly in USA, Europe, Australia and New Zealand. Since then, environmental
protection has became an important element of the domestic legal systems of all developed
countries and many developing ones. Since the 1980s, environmental law has also become an
important and evolving component of international law.

Environmental laws are the standards that governments establish to manage natural resources
and environmental quality. The broad categories of natural resources and environmental
quality include such areas as air and water pollution, forests and wildlife, hazardous waste,
agricultural practices, wetlands, and landuse planning. In the United States, some of the more
widely known environmental laws are the Clean Air Act, the Clean Water Act, the National
Environmental Policy Act, and the Endangered Species Act. The body of environmental law
includes not only the text of these laws but also the regulations that implement and the judicial
decisions that interpret this legislation. In general, the standards set forth in environmental laws
can apply to either private parties or the government. The Clean Air and Clean Water Acts, for
example, are frequently used to regulate the polluting activities of private enterprises. These laws
mandate certain pollution-reducing technology or limit the levels of pollution for power plants
and factories. The National Environmental Policy Act (NEPA) applies only to the actions of the
U.S. government. NEPA requires that the federal government undertake a comprehensive
environmental impact assessment before it can proceed with projects that are likely to harm the
environment.
With a land mass of the 329 million hectares and coast line of 7516 km, with oceans, lakes,
rivers and mighty Himalayas and several other mountains ranges, the desert of Rajasthan, the
plateaus, the wetlands and the islands of Andaman and Nicobar and Lakshadweep, India, our
beautiful country, is the home to an amazing variety of fauna and flora. There are about 75,000
species of animals, of which 340 species are mammals, 1200 birds, 420 reptiles, 140 amphibians,
2000 fishes, 50,000 insects, 4000 mollusks and several other species of vertebrates.

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.
It is imperative that all conservationists familiarize themselves with these laws, so that they can
contribute effectively. It is also vital to understand which institutions control land in India before
any conservation interventions can be attempted in any landscape. The legal status of the land
must first be ascertained so that one can engage with the correct authorities or agencies.

The Government of India has introduced various types of legislation in response to the growing
destruction of wildlife and forests. These are:

1. The Wildlife (Protection) Act, 1972 (Last amended in 2006)

2. The Indian Forest Act (1927) and Forest Acts of State Governments

3. The Forest Conservation Act (1980)

4. The Environment (Protection) Act (1986)

5. The Biological Diversity Act (2002)

6. National Wildlife Action Plan (2002-2016)

7. National Forest Policy (1998)

Need for Conservation
The gradual emergence of the human beings as the most dominant species among all other
species of animals and the attempt of the human beings to set them apart from other species is
the main underlying cause of the contemporary environmental disaster. The main reason behind
a threat to the wildlife and the ecosystem is the constantly growing deforestation, poaching and
negligence towards animals and nature.
At the present estimate, 81 species of mammals, 38 species of birds, 18 species of amphibians
and reptiles considered to be endangered in India. The tiger is the largest living member of the
cat family, followed by the lion and the leopard. Habitat destruction and poaching brought about
a sharp decline in their number and the national census of tigers in 1972 recorded that there were
just 1827 of them in our country.
With the entire gloomy picture in regard of our wildlife, India is keen to do its best to protect its
wild life. Luckily, we have ability and media, vocal environmental groups, NGOs and others
who would not tolerate any more interference or intuition with the vast diversity of animal
wildlife.

Wildlife laws
Wildlife laws in India can be traced back to early third century BC, when Ashoka, the Emperor,
codified a law for the preservation of wildlife and environment. Thereafter came several laws
among which, the first codified law was the Wild Bird Protection Act, 1887, enacted by the
British Government. The Government of India brought for the first time a comprehensive act, the
Wildlife Protection Act (WPA), 1972, which was later amended and changes were brought in as
the need arose. Furthermore, to protect the wildlife, the Government of India also became a
signatory to the Convention on International Trade in Endangered Species of Wild Fauna and
Flora (CITES) since October, 1976.
Besides WPA and CITES; the Indian Penal Code, 1860; the Code of Criminal Procedure
(Cr.P.C), 1973; Customs Act, 1962; Indian Forest Act, 1927; Forest Conservation Act, 1981;
Prevention of Cruelty to Animals Act, 1960 are some of the important weapons available for
check and control of wildlife offences including trade.
Wild Life Protection Act (WPA), 1972 provides for the protection of Wild animals, birds and
plants and for matters connected therewith or ancillary or incidental thereto. It extends to the
whole of India, except the State of Jammu and Kashmir. The act includes all animals like birds,
mammals etc. While the act clearly defines hunting it also prohibits the usage, supply etc. of
animal articles, Animal article means an article made from any captive animal or wild animal,
other than vermin, and includes an article or object in which the whole or any part of such animal
has been used and ivory imported into India.
Section 9 of the Act prohibits hunting of wild animals and birds specified in Schedule I, II, and
III and IV, except as provided under Sections XI and XII. This classification has been made
keeping in mind the significance and population of wildlife. Those highly threatened find a place
in Schedule I.
As of punishment for offences, Section 51 of the Act prescribes a maximum imprisonment of six
years, Rs 25,000 fine or both for hunting animals and birds specified on Schedule I.
Wildlife protection act

The Wildlife (Protection) Act (WLPA), 1972 is an important statute that provides a powerful
legal framework for:

Prohibition of hunting

Protection and management of wildlife habitats

Establishment of protected areas

Regulation and control of trade in parts and products derived from wildlife

Management of zoos.

The WLPA provides for several categories of Protected Areas/Reserves:

National Parks

Wildlife Sanctuaries

Tiger Reserves

Conservation Reserves

Community Reserves

National parks and Tiger Reserves are by law more strictly protected, allowing virtually no
human activity except that which is in the interest of wildlife conservation. Grazing and private
tenurial rights are disallowed in National Parks but can be allowed in sanctuaries at the discretion
of the Chief Wildlife Warden. The amended WLPA does not allow for any commercial
exploitation of forest produce in both national parks and wildlife sanctuaries, and local
communities can collect forest produce only for their bona fide needs.

No wild mammal, bird, amphibian, reptile, fish, crustacean, insects, or coelenterates listed in four
Schedules of the WLPA can be hunted either within or outside protected areas. On conviction,
the penalty for hunting is imprisonment for a period ranging from a minimum of three to a
maximum of seven years with fines not less than 10,000 rupees.

Community reserves and conservation reserves are two new categories of protected areas that
have been included under the WLPA. These two categories provide a greater role for local
communities, stakeholders and civil society as well as the opportunity to protect many areas of
conservation value that cannot be designated under strict categories such as wildlife sanctuaries
or national parks.

The statute prohibits the destruction or diversion of wildlife and its habitat by any method unless
it is for improvement or better management and this is decided by the state government in
consultation with the National and State Boards for Wildlife.

The WLPA contains elaborate procedures for dealing with legal rights in proposed protected
areas and acquisition of any land or interest under this law is deemed as an acquisition for a
public purpose. However, with the enactment of The Scheduled Tribes and Other Traditional
Forest Dwellers (Recognition of Forest Rights) Act, 2006, compliance of various provisions
relating to tenurial and community rights must be ensured.

Apart from protected area establishment, other important aspects of the WLPA include
procedures for the appointment of state wildlife authorities and wildlife boards, the regulation of
trade in wildlife products and the prevention, detection and punishment of violations of the
WLPA.

The 2006 amendment introduced a new chapter (IV B) for establishment of the National Tiger
Conservation Authority and notification of Tiger Reserves (before this amendment, Tiger
Reserves were not defined under the law, but were merely administrative designations to enable
funding under Project Tiger).

The Wildlife Crime Control Bureau (WCCB) was constituted vide the 2006 amendment to
monitor and control the illegal trade in wildlife products.

The WLPA provides for investigation and prosecution of offences in a court of law by
authorized officers of the forest department and police officers.
Shahtoosh case-

The Shahtoosh wool is derived from the soft undercoat of the Tibetan Antelope (also known as
Chiru), which has to be killed before its fleece is removed. Three to four Chiru have to be killed
to weave only one shawl. Each shawl can cost several thousand dollars in the international
market.
In 1977, the Government of India declared the Chiru as protected under Schedule I of the
Wildlife (Protection) Act of India, 1972. Killing of Chiru is also in contravention to the
Convention on International Trade in Endangered Species (CITES), of which India is also a
signatory as mentioned earlier.
A PIL or Public Interest Litigation was filed in the J&K High Court seeking implementation of
the provisions of their Wildlife (Protection) Act as well as CITES which prohibits the import of
Shahtoosh into India. On May 1, 2000, the Honorable High Court issued a judgment forcing the
government to enact and enforce its wildlife law. Finally in 2002 the manufacture of Shahtoosh
shawls has finally been banned in the state of Jammu and Kashmir.

Project Tiger-

Project Tiger, an initiative by the Government, launched on April 1, 1973, has become one of the
most successful conservation ventures in modern history. The project aims at tiger conservation
in specially constituted tiger reserves which are representative of various bio-geographical
regions falling within India. It strives to maintain a viable tiger population in their natural
environment. Today, there are 27 Project Tiger wildlife reserves in India covering an area of
37,761 km.
A 2008 census held by Government of India revealed that the tiger population had dropped to
1,411. Since then the government has pledged US$153 million to further fund the project, set-up
a Tiger Protection Force to combat poachers, and fund the relocation of up to 200,000 villagers
to minimize human-tiger interaction.

Project Elephant

Initiated in 1992 by the Government of India Project Elephant aims at conserving elephants and
their habitat and of migratory routes by developing scientific and planned management
measures. Under the project welfare of the domestic elephants is also considered, issues like
mitigation of human-elephant conflict are also taken care of. The projects endeavour is to
strengthen the measures for protection of elephants against poachers and unnatural death.
 Steps Taken By Indian Government to Protect Biodiversity

Along with above specified conservation projects of the wild animals, GOI has also initiated few
schemes that are worked upon to protect the biodiversity and minimize the mortality of critically
endangered, endangered and threatened animals. Here are few important steps that Government
of India has taken for the wildlife protection:
In the Wildlife Protection Act of 1972, GOI created Protected Areas like National Parks,
Sanctuaries, Conservation Reserves and Community Reserves for the wildlife and imposed
punishments on those indulged in illegal act of hunting.
Wetland (Conservation and Management) Rules 2010 have been drafted to protect of wetlands in
India. The Central Government has also initiated the scheme, National Plan for Conservation of
Aquatic Eco-System that lends assistance to the states for the sound management of all wetlands.
In order to curb the illegal trade of wildlife and that of endangered species, Wildlife Crime
Control Bureau has been established.
Special organizations like Wildlife Institute of India, Bombay Natural History society and Salim
Ali Centre for Ornithology and Natural History are formed to conduct research on conservation
of wildlife.
To check the dwindling population of Gyps vulture in India, Government of India has banned the
veterinary use of diclofenac drug.
For restocking of the endangered species, the Central Government first initiated Integrated
Development of Wildlife Habitat Scheme and later modified it by including a new component,
Recovery of Endangered Species which included animals like Hangul/stag deer in Jammu &
Kashmir, Vultures in Punjab, Haryana and Gujarat, Snow Leopard in Jammu & Kashmir,
Himachal Pradesh, Uttarakhand and Arunachal Pradesh, Swiftlet in Andaman & Nicobar Islands,
Nilgiri Tahr in Tamil Nadu, Sangai Deer in Manipur. Financial and technical assistance is also
extended to the state government to provide better means of protection and conservation for the
specified species.
The State Governments have been asked to strengthen the field formations and increase
patrolling in and around the Protected Areas.
GOI intensified anti-poaching activities and initiated special patrolling strategy for monsoon
season. Also, deployment of anti-poaching squad.
In order to strengthen tiger conservation, National Tiger Conservation Authority is constituted by
Government of India.
A Special Tiger Protection Force (STPF) has also been constituted and is deployed in Karnataka,
Maharashtra and Odisha.
E-Surveillance has been started in Kaziranga National Park in Assam and borders of Ratapani
Wildlife Sanctuary in Madhya Pradesh.
CONCLUSION

Protection of Wildlife alone is not possible only by laws and Government. Despite all of these
laws and efforts, destruction of wildlife, illegal trade and poaching continues. Active cooperation
from the common public is also very necessary. It is now high time for us to understand the
gravity of the situation and act on its behalf. And this can only be achieved by our awareness and
by further stringent laws by the Government. We must not lose the national treasures in our rat
race of urbanization and modernization.
However protecting wildlife is not a purpose of the government alone. The duty also lies on the
citizens of the country as well.