salient features of wildlife Act of india
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WILDLIFE (PROTECTION) ACT, 1972
Even though the protection of wildlife through enactment under British Regime started regionally as early as 1873 through the Madras Act to prevent the indiscriminate destruction of wild elephants and for the whole of India in 1912 with the promulgation of the Wild Birds and Animals Protection Act, the Wildlife (Protection) Act of 1972 must be viewed as the first comprehensive legislation for control and management of wild animals including its habitat. It extends to the whole of India, except the State of Jammu and Kashmir
Salient Features of the 1972 Act:
The very purpose of the Act is to protect the wildlife which includes wild animals and plants , covering various endangered and vulnerable species of Mammals, Amphibians, Reptiles, Birds, Crustacea, Insects and Plants.
The Act contains six chapters, the contents of which are as follows:
Chapter I : It explains different terms used in the Act
"animal" includes amphibians, birds, mammals, and reptiles, and their young, and also includes, in the cases of birds and reptiles, their eggs,
"hunting", includes,
(a) capturing, killing, poisoning, snaring, and trapping or any wild animal and every attempt to do so,
(b) driving any wild animal for any of purposes specified in sub clause
(c) injuring or destroying or taking any part of the body of any such animal, or in the case of wild birds or reptiles, damaging the eggs of such birds or reptiles, or disturbing the eggs or nests of such birds or reptiles;
'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,
(a) rugs, skins, and specimens of such animals mounted in whole or in part through a process of taxidermy, and
(b) antler, horn, rhinoceros horn, feather, nail, tooth, musk, eggs, and nests;
"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 ];
"vermin" means any wild animal specified in Sch.V
"wildlife" includes any animal, bees butterflies, crustacean, fish and moths; and aquatic.
Chapter II : It deals with various provisions for appointment, constitution and delegation of powers and duties of the concerned authorities or land vegetation which forms part of any habitat;
Chapter III : It incorporates provisions / prohibition of hunting and protection of specified plants.
Chapter IV: It mentions procedures for declaration and control of Sanctuary and National Park, restrictions on entry, immunization of livestock, registration of persons in or within 10 km of such areas for possessing arms and provisions for constitution of and function of Central Zoo Authority and recognition of Zoos
Chapter V : It deals with provision/ prohibition of Trade or Commerce in Wild Animals, Animal Articles and Trophies.
The salient features of this chapter are stated below:
Wild Animal, etc. to be Government property
The act states that any
wild animal kept in captivity
animal article, trophy or meat derived from any wild animal
ivory imported into India or any article made from ivory
vehicle, vessel, weapon, trap or tool that has been used for trapping or killing a wild animal
shall be a property of the state government.
Any person who obtains the possession of Government property, shall, within forty-eight hours of obtaining, report it to the nearest police station or authorised officer and shall hand over such property to the officer in charge .
No person shall, without the previous permission in writing of the Chief Wildlife Warden or the authorised officer...