AMENDMENT TO WPA 1972

Copyright infringement not intended

Picture Courtesy: https://www.livelaw.in/news-updates/wildlife-protection-amendment-bill-2022-elephants-ownership-parliament-216161

Context: Kerala wants the Centre to amend the Wildlife Protection Act (WLPA) of 1972 due to increasing human-animal conflict, particularly involving wild boars and elephants.

Details

• Kerala is advocating for amendments to the Wildlife Protection Act of 1972, primarily focusing on two key aspects: the amendment of Section 11 regarding hunting permissions and the classification of wild boars as vermin.

Amendment to Section 11 (1)(A)

• The Wildlife Protection Act of 1972, in Section 11(1)(A), grants the Chief Wildlife Warden (CWLW) the authority to permit the hunting or killing of specified wild animals if they are deemed dangerous to human life or are disabled or diseased beyond recovery.
• Kerala is seeking an amendment to transfer these powers from the CWLW to the Chief Conservators of Forests (CCF). This change is intended to streamline the decision-making process, allowing more localized authorities (CCFs) to address wildlife threats promptly

Declaration of Wild Boar as Vermin

• Kerala is urging the Centre to declare wild boars as vermin under Section 62 of the Wildlife Protection Act. According to this section, the Union Government can categorize any wild animal in Schedule II as vermin for a specific period and in a designated area.
• Once classified as vermin, wild boars lose their protection from hunting, enabling the state and citizens to cull the population to mitigate threats to life and livelihood, particularly in the agriculture sector.

Reasons for the Amendments

• Human-Animal Conflict: Kerala has been experiencing an increase in human-animal conflicts, with attacks on humans and damage to crops becoming more prevalent.
• Agricultural Impact: Wild boars, in particular, are causing significant damage to farmland, leading to economic losses for farmers.
• Inefficiency of Previous Measures: Previous attempts to address the wild boar issue, such as empowering local bodies to deploy licensed shooters, were not effective due to a lack of shooters in villages and bureaucratic delays in involving the forest department after each killing.

Wildlife Protection Act of 1972

• India is home to a rich diversity of flora and fauna, with many endemic and endangered species. However, due to various factors such as habitat loss, poaching, human-wildlife conflict, and climate change, many of these species are facing the threat of extinction.
• To protect and conserve the wildlife of the country, the Indian Parliament enacted the Wildlife Protection Act of 1972, which is one of the most comprehensive and progressive legislations in the world.
• The Wildlife Protection Act of 1972 provides for the conservation, protection and management of wild animals, plants and their habitats. It also regulates the trade and hunting of wildlife and establishes various authorities and bodies to implement and enforce the provisions of the act. The act has been amended several times to incorporate new provisions and strengthen the existing ones.

Main objectives

• The Act prohibits the hunting of most wild animals without specific permits. Exceptions are allowed in certain situations, such as when an animal is deemed dangerous to human life or is disabled or diseased beyond recovery. These exceptions are subject to the issuance of permits by designated authorities.
• The Act empowers the government to establish wildlife sanctuaries, national parks, and other protected areas. These areas serve as crucial habitats for diverse wildlife species, providing them with a secure environment for breeding, feeding, and overall conservation.
• The Act categorizes animals and plants into different schedules based on their conservation status. Schedule I and Part II of Schedule II contain species that receive the highest level of protection, making hunting or trade in these species illegal without special permits. The schedules are periodically updated to reflect changes in the conservation status of species.
• The Act regulates the trade and commerce of wildlife and their products. It prohibits the trade of trophies, animal articles, and uncured trophies without proper authorization. This measure aims to curb illegal wildlife trade and ensure that the exploitation of wildlife resources is sustainable.

• The Act establishes authorities at different levels, including the National Board for Wildlife and State Boards for Wildlife. These institutions play a crucial role in overseeing the implementation of the Act, formulating policies for wildlife conservation, and advising the government on matters related to wildlife protection.

Salient Features of the Wildlife Protection Act of 1972

Categorization of Species

• The Act classifies species into six schedules based on their conservation status.
• Schedule I and II: These include the most endangered species like tigers, elephants, rhinos, lions, etc. Hunting or trading these species is strictly prohibited.
• Schedule III and IV: Species not necessarily endangered but still requiring protection, such as deer, monkeys, crocodiles, etc. Hunting them is allowed with a license.
• Schedule V: Lists vermin animals like crows and rats that can be hunted without a license.
• Schedule VI: Covers protected plants like orchids and sandalwood, requiring permission for cultivation or collection.

Establishment of Authorities

• Various authorities and bodies are established to enforce and implement the Act.
• National Board for Wildlife (NBWL): Headed by the Prime Minister, it formulates policies and advises the government on wildlife conservation.
• Wildlife Advisory Board (WAB): Headed by the Chief Minister in each state, it plays a role in advising the state government on wildlife conservation matters.
• Wildlife Crime Control Bureau (WCCB): A statutory body under the Ministry of Environment, Forests and Climate Change, it focuses on controlling wildlife crimes.
• Central Zoo Authority (CZA): Regulates and monitors zoos in India to ensure the well-being of captive animals.
• Regulation of Trade and Hunting: The Act regulates the trade and hunting of wildlife through the issuance of licenses and permits for specific purposes, such as scientific research, education, and captive breeding. It strictly prohibits the trade or possession of any animal article or trophy derived from protected species. Penalties are prescribed for violations, ranging from imprisonment to fines.

Challenges and Gaps

• Financial and Manpower Constraints: Adequate funds and manpower are essential for effective wildlife management and protection. A lack of resources can hinder conservation efforts and enforcement.
• Coordination and Cooperation: Coordination among various stakeholders involved in wildlife conservation, including government agencies, NGOs, and local communities, is crucial. Lack of cooperation can lead to inefficiencies and gaps in conservation activities.
• Scientific Data and Monitoring: The availability of scientific data and robust monitoring systems is vital for assessing wildlife status and trends. Insufficient data can impede informed decision-making in conservation efforts.
• Public Participation and Awareness: Involving the public in wildlife conservation and raising awareness about the importance of protecting wildlife is essential. A lack of awareness can result in a lack of public support for conservation initiatives.
• Conflict Between Development and Conservation: Balancing development objectives with conservation needs is a persistent challenge. Development projects may sometimes conflict with wildlife conservation goals.
• Emerging Threats: Climate change, invasive species, diseases, and other emerging threats pose challenges to wildlife conservation efforts. Adaptation strategies are necessary to address these evolving challenges.

Way Forward

• Increase Resources: Allocating more financial and human resources to wildlife conservation. This includes funding for conservation projects, research, and personnel training.
• Enhance Coordination: Strengthening inter-agency coordination and collaboration at various levels. Facilitating cooperation between government bodies, NGOs, and local communities.
• Improve Research and Monitoring: Investing in scientific research and monitoring capabilities for a better understanding of wildlife status and trends. Implementing technology-driven solutions for effective monitoring.
• Promote Public Awareness: Conduct awareness campaigns to educate the public about the importance of wildlife conservation. Encouraging citizen participation in conservation initiatives.
• Balance Development and Conservation: Adopting participatory planning and decision-making processes that consider both development and conservation objectives. Ensuring that development projects adhere to sustainable practices.
• Adopt Adaptive Management: Developing adaptive management strategies to address emerging threats and changing conservation needs. Incorporating flexibility in conservation plans to respond to new challenges.

Conclusion

• The Wildlife Protection Act of 1972 is a cornerstone of wildlife conservation in India, providing a legal framework for protection and management. While it has been instrumental in various successful conservation projects, addressing ongoing challenges requires a multifaceted approach involving financial support, coordination, research, public engagement, and adaptive management. By implementing measures to overcome these challenges, India can continue to preserve its rich wildlife heritage for future generations.