Analysis of Wildlife Protection Act -Threats and Challenges Faced by The Act

ABSTRACT:

The Wildlife Protection Act (WPA) of 1972 was a significant legislative step toward safeguarding India’s rich biodiversity. This analysis explores the evolution of the WPA, its constitutional underpinnings, and the definitions and scope it encompasses. It examines the necessity of wildlife protection in the context of ecological balance and the preservation of species. Despite its crucial role, the Act faces numerous challenges and threats, including enforcement difficulties, inadequate funding, and socio-economic conflicts. This study delves into these issues, assesses the obstacles to effective implementation, and proposes measures to enhance the protection of wildlife. The goal is to provide a comprehensive overview of the WPA’s impact and identify strategies for overcoming its limitations.

INTRODUCTION:

The Wildlife Protection Act of 1972 is a comprehensive legislation enacted by the Indian Parliament aimed at protecting the country’s diverse and rich wildlife. It provides the framework for the protection of wild animals, birds, and plants, ensuring ecological and environmental security. Over the years, the Act has undergone several amendments to address emerging challenges and threats to wildlife conservation. Despite its robust framework, the Act faces significant threats and challenges, including poaching, habitat destruction, human-wildlife conflict, inadequate enforcement, and lack of public awareness. These issues undermine the effectiveness of the Act and pose serious risks to the survival of numerous endangered species. This analysis will delve into the various threats and challenges faced by the Wildlife Protection Act, exploring their implications and suggesting potential measures to enhance the effectiveness of wildlife conservation efforts in India.

EVOLUTION OF WILDLIFE PROTECTION ACT IN INDIA:[1]

• Wildlife in Pre-Colonial India

1. Vedic Period: Aryans worshiped nature and praised the environment in their Vedas. The Ramayana and Mahabharata emphasized the significance of animals.
2. Hindu and Muslim Rulers: Wildlife flourished under rulers like the Maurya’s, Ashoka, Guptas, and Mughals, despite the lack of specific wildlife protection laws.
3. Rishis and Deforestation: Ancient sages warned against the destruction of wildlife through deforestation.
4. Totemism in Tribes: Tribes practiced totemism, associating clans with specific plants or animals, which helped in protecting these species.
5. Manu Smriti: Environment protection was considered a duty, with fines for harm. The ruler ensured this protection.
6. Dharma shastras: Emphasized the importance of forests and wildlife in daily life and conservation for future generations.
7. Artha shastra: Kautilya’s Arthashastra had the first legal provisions for environmental protection during the Mauryan period.
8. King Ashoka: Introduced the 5th pillar edict, prohibiting the killing of various bird and mammal species on specific days.
9. Hindu Scriptures: Yajur Veda, Bridha Samiti, Yajnavalkya Smriti, and Vishnu Samhita encouraged peaceful coexistence with animals.
10. Literature and Fables:Tales like Panchatantra and Buddhist Jataka emphasized the importance of animals in society.
11. Mughal Period: Mughal emperors, despite their love for hunting, showed interest in wildlife conservation.

• Colonial Era

1. British Rule: Wildlife declined due to land demands and powerful weapons, leading to large-scale hunting.
2. Conservation Efforts: Despite initial focus on hunting, conservation policies emerged, influenced by scientific forestry and exploration.
3. Wildlife Sanctuaries: Began during the British period, but initial efforts were to exterminate wild animals.
4. Forest Act of 1878: Aimed at conserving forests for commercial purposes but restricted local access to forest resources.
5. Wild Birds Protection Act (1887): Prohibited possession or sale of certain wild birds during the breeding season.
6. Wild Bird and Animals Protection Act (1912):Prohibited hunting of wild animals and birds, with legal penalties for violators.
7. Indian Forest Act (1927):Consolidated laws relating to forest produce and declared natural habitats as “reserves.”
8. Madras Elephant Preservation Act (1873):* Protected wild elephants from being killed.
9. Jim Corbett: Played a significant role in establishing India’s first national park, leading to more protected areas.

• Post-Colonial Era

1. Early Independence: No immediate policy framework for wildlife conservation.
2. 1950s: The Rhinoceros Preservation Act and Elephant Preservation Act were passed.
3. Indian Board for Wildlife (1952): Established to discuss and implement wildlife conservation measures.
4. Changing Public Attitude: Efforts to shift focus from hunting to conservation faced resistance but gradually progressed.
5. 1960s: Wildlife trade continued, leading to a decline in wildlife populations.
6. Wildlife Protection Act (1972):Established protected areas and wildlife reserves.
7. Project Tiger (1973):Marked a major milestone in India’s conservation efforts.
8. Cheetah Reintroduction: First batch of eight cheetahs was reintroduced to India on September 17, 2022.

CONSTITUTIONAL TOUCH ON WILDLIFE PROTECTION ACT:

• The Constitutional framework for the protection of wildlife, forests, and the environment is outlined under Article 21 of the Constitution of India. This article ensures that the right to life includes the right to live in a clean and healthy environment.
• Article 48A of the Directive Principles of State Policy imposes a non-binding obligation on the state to protect and conserve the environment, and to safeguard forests and wildlife.
• Article 51A(g) similarly places a non-binding obligation on citizens to protect the forests, wildlife, rivers, and animals of the country.
• These obligations have been addressed by both the central and state governments through the 42nd Constitutional (Amendment) Act, 1976. This act added the term ‘forest’ under Entry 17A and the protection of wildlife and birds to Entry 17B of the Concurrent List.

DEFINITION AND SCOPE OF WILDLIFE:

1. Common Understanding: Wildlife typically refers to undomesticated animals living in natural habitats like forests, deserts, and grasslands.
2. Ecologist’s View: Includes both animals and plants in the definition of wildlife.
3. General Definition: Living things that are not human or domesticated, including mammals, birds, and fish hunted by humans.

4. Commonly Associated Animals: Tigers, leopards, wolves, jackals, elephants, rhinoceroses, hippopotami, giraffes, deer, whales, sharks, and crocodiles.
5. Broad Scope: Includes all organisms—plants, animals, and microbes—living or growing in nature without human control.
6. Characteristics of Wild Animals: Live independently without human help, do not rely on humans for food, shelter, or protection.
7. Wild Mammals: Bears, monkeys, elephants, tigers, and lions are often highlighted when discussing wild animals.
8. Ecologist’s Perspective: Considers both naturally occurring animals (fauna) and plants (flora) as part of wildlife.
9. Wildlife Protection Act, 1972:

   Sec. 2 (37): Defines wildlife as any animal, aquatic or land vegetation forming part of any habitat.

   Sec. 2 (36):Defines wild animal as any animal specified in Schedule I to IV and found wild in nature.

10. Comprehensive Definition: Any non-cultivated, non-domesticated, naturally occurring life forms, including flora and fauna. This covers mammals, birds, reptiles, amphibians, fish, insects, plants, and microorganisms existing in their natural habitats, free from human intervention or control.

THE NEED FOR PROTECTING WILDLIFE:

• Economic Benefits :Plants, animals, and micro-organisms provide essential products and by-products used in various human activities. They prevent soil erosion and floods, and plants release oxygen which has nutritional value. Micro-organisms decompose dead matter, turning it into inorganic compounds used as manure by plants.
• Ecological Balance: Living organisms interact through food chains to maintain ecological balance and a self-sustaining environment.
• Gene Banks: Wildlife serves as gene banks for breeding programs in agriculture, horticulture, apiculture, sericulture, floriculture, piggery, poultry, fishery, and animal husbandry.
• Conservation of Biodiversity: Preserving wildlife is crucial for maintaining biodiversity. Even species without apparent use may have unexplored value and potential future benefits. Experiments on wild animals have advanced scientific knowledge in biology, medicine, and other fields. A case study of Keoladeo National Park (KNP) in Bharatpur district, southeastern Rajasthan, [2]illustrates the threat that rapid population growth poses to biodiversity in India. Researchers selected ten out of the twenty villages surrounding the park to examine their population profiles and occupational distribution over time. The study provides valuable insights into how rapid population growth impacts biodiversity conservation in the park. It underscores the conflict between human needs and wildlife requirements, concluding that the majestic Siberian crane is almost certain to disappear, with many other species similarly teetering on the brink of extinction due to the increasing demands of a growing population.
• Recreation and Sports: Wild animals provide entertainment in circus shows, zoos, and aquaria. People enjoy visiting national parks and sanctuaries, and some engage in hunting for sport.
• Aesthetic Value: Wildlife adds aesthetic value to the environment with green forests, graceful animals, melodious birds, colourful fish, and beautiful butterflies.
• Cultural Value: Wildlife inspires poets, artists, and contributes to idioms, proverbs, and religious connections.

PROBLEMS AND THREATS IN WILDLIFE CONSERVATION UNDER THE ACT:[3]

1. Impact of Human Activities: Human actions have significantly affected wildlife, causing extinction and biodiversity loss. Major causes include the use of animals and plants for food, clothing, shelter, and medicine.

2. Extinction and Endangerment: Many species have become extinct in the last 2000 years due to climate change and human activities. More species are at risk of extinction if not protected through conservation efforts and legislation.

3. Global Conservation Efforts: International organizations and nations are working together to protect wildlife and the environment. Efforts include creating national parks, biosphere reserves, wildlife sanctuaries, and enacting and enforcing laws.

4. Threats to Wildlife:

• Habitat Loss: Destruction, fragmentation, and degradation of habitats due to activities like deforestation, construction, and pollution.
• Illegal Activities: Hunting, poaching, and illegal trading of endangered species.
• Climate Change: Global warming and climate change caused by fossil fuel burning.
• Over-Exploitation: Excessive use of natural resources for food, medicine, and clothing.
• Pollution: Industrial operations and human activities release toxic pollutants into air, water, and land.

5. Conservation in India: India has established numerous national parks, wildlife sanctuaries, and biosphere reserves. The first national park, Jim Corbett National Park, was established in 1936.As of April 2012, India has 104 national parks, 515 wildlife sanctuaries, and 18 biosphere reserves. Legal measures include various laws and Acts focused on wildlife protection and conservation.

6. Physical Alteration of Environment: Migratory animals are vulnerable to habitat destruction and physical alterations of their migratory routes, leading to their decline. The Supreme Court in the case of State of Bihar v. Murad Ali Khan ,[4] rightly observed:

Environmentalists’ conception of the ecological balance in nature is based on fundamental concept that nature is “a series of complex biotic communities of which a man is an inter-dependent part” and that it should not be given to a part to trespass and diminish the whole. The largest single factor in the depletion of the wealth of animal life in nature has been the “civilized man” operating directly through excessive commercial hunting or more disastrously , indirectly through invading or destroying natural habitats.

Obstacles to the Effective Enforcement of Wildlife Conservation Laws in India:

• The exploitation of wildlife for trade and other human benefits has led to the creation and enforcement of various laws worldwide. India, a country rich in biodiversity, is no exception. Despite having strict wildlife protection laws, illegal trade and exploitation of wildlife resources continue unabated. Activities like hunting, poaching, and the use of endemic plant species for various purposes have endangered many species and threatened the country’s biodiversity.[5]
• The Wildlife Protection Act, Customs Act, and Import-Export policies in India have provisions to regulate conservation measures and trade of wildlife, particularly endangered species. However, illegal activities persist, and endangered species remain vulnerable. The Wildlife Protection Act does not cover foreign endangered species, leaving them unprotected under Indian law.[6]
• Penalties and punishments under these laws are often insufficient to deter offenders. Many can evade justice by paying fines, and court cases drag on for years due to the significant backlog in Indian courts. As a result, offenders continue their activities with little fear of consequences.[7]
• Another issue is the inadequacy of resources and training for forest departments and officers, hindering effective law enforcement and conservation efforts. While laws empower forest officers to protect forest resources, they lack the authority to make policies addressing specific situations, complicating enforcement and allowing exploitation to continue. Additionally, corruption within the forest department contributes to wildlife exploitation. Forest officials often do not involve local communities, who could help prevent exploitation and protect wildlife.
• A recent concern among environmentalists, NGOs, and law enforcement is the impact of kite flying on birds listed in Schedule I of the Wildlife Protection Act, 1972. The threads used for kite flying, known locally as ‘manja,’ particularly the banned Chinese thread, have killed many endemic and migratory birds. Despite the ban under Section 5 of the Environment (Protection) Act, 1986, the use of Chinese thread persists, leading to the deaths of numerous birds.

MEASURES OR SOLUTION FOR EFFECTIVE WILDLIFE PROTECTION:

To effectively address the issues of wildlife protection and conservation, it is crucial to strictly enforce laws and explore alternative solutions. Here are some measures that could be implemented:

1. Awareness and Training

A. Public and Official Awareness:[8]

 Training for Officials: Forest and government officials working in protected areas should receive comprehensive training in wildlife conservation methods and legal provisions.

Community Involvement: Local communities living near protected areas should be educated about the importance of wildlife conservation and the relevant laws. Informing them about penalties and punishments for violations can foster a cooperative environment to support conservation efforts.

2. Involving NGOs

B. Role of NGOs:

 Support from NGOs: Non-Governmental Organizations (NGOs), like the Wildlife Protection Society of India, play a significant role in wildlife conservation. Their initiatives and support to government authorities help combat illegal wildlife trade and poaching, thereby safeguarding the environment.

Collaboration: Encouraging collaboration between NGOs and government agencies can enhance conservation efforts and provide additional resources and expertise.

3. Conservation Strategies

C. In-situ and Ex-situ Conservation: In-situ Conservation: This strategy involves protecting endangered species in their natural habitats, which helps maintain ecological balance and natural behaviours.[9]

Ex-situ Conservation: This involves breeding and maintaining species outside their natural habitats, such as in zoos or botanical gardens. It can be vital for species on the brink of extinction, offering a controlled environment for reintroduction and translocation efforts.

4. Increasing Resilience of Nature Reserves

D. Enhancing Natural Reserves:

Buffer Zones: Establishing buffer zones around natural reserves can help minimize human activities like construction and tourism, which can disrupt wildlife habitats.

Habitat Management: Efforts should focus on minimizing habitat fragmentation, conserving genetic diversity, and protecting biodiversity hotspots.

Controlled Tourism: Wildlife tourism needs to be regulated to prevent disturbances to breeding and feeding patterns. Strict enforcement of rules and regulations can mitigate the negative impacts of tourism on wildlife.

Restoration and Monitoring: Areas protected by buffer zones should undergo restoration efforts to reduce the impacts of climate change and human activities, ensuring the resilience of ecosystems.

By implementing these strategies, India can strengthen its efforts in wildlife protection and conservation, ensuring the survival and well-being of its diverse species.[10]

CONCLUSION:

The Wildlife Protection Act represents a landmark effort in the conservation of India’s wildlife and natural heritage. However, its implementation is marred by several challenges such as insufficient enforcement mechanisms, lack of resources, and conflicts with local communities. Addressing these issues requires a multifaceted approach, including strengthening enforcement, increasing funding, enhancing community engagement, and improving awareness. By addressing the identified obstacles and adopting targeted measures, India can better protect its diverse wildlife and ensure the long-term effectiveness of the Wildlife Protection Act. The continued evolution of legal frameworks and adaptive strategies will be crucial in achieving these goals and fostering a harmonious relationship between human activities and wildlife conservation.

References

[1] The Evolution of Wildlife Protection Laws and Policies in India: A Historical Analysis by Siddharth Rajak &Prof. Kalpana Chatruvedi, published in IJNRD, Volume 8, Issue 5 May 2023 | ISSN: 2456-4184 |.

[2] A case study of Keoladeo National Park, 1999,Climate Change Law, Policy & Governance by Justice A.K. Sikri , Eastern Book Company , pg. no.307.

[3] Klappenbach,  L,  ‘Understanding  the  Threats  to  Animals  and  Wildlife  –  Examining  Natural Threats  and  Man-made  Threats’,  Available  from http://animals.about.com/od/animalswildlife101/a/threats.htm. Accessed on August 03 2024.

[4] AIR 1989 SC 1.

[5] Singhar,  A.  S,  Laws  for  Protection  of  Wildlife  in  India:  Need  for  Awareness  towards Implementation and Effectiveness, Indian Forester (2002),Accessed on August 04 2024.

[6] Kumar, A.,  Endangered Species and  the Law,  Handbook of  Environment, Forest and Wildlife Protection Laws in India, WPSI and Natraj Publishers, Dehradun (1998),Accessed on August 04 2024.

[7] Singh, C., India’s Forest Policy and Forest Law, Natraj Publishers, Dehradun (2000), Accessed on August 04 2024.

[8] Singhar,  A.  S,  Laws  for  Protection  of  Wildlife  in  India:  Need  for  Awareness  towards Implementation and Effectiveness, Indian Forester (2002).Accessed on August 04 2024.

[9] IPCC, Climate Change and Biodiversity, Technical Paper V (2002). Accessed on August 04 2024

[10] Rich, R.L., Frelich, L.E., Reich, P.B., Wind-throw mortality in the southern boreal forest: effects of species, diameter and stand age. Journal of Ecology 95, 1261–1273. (2007). Accessed on August 04 2024.