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♤ The passing of the Wildlife Act of 1972 constitutes an important landmark in the history of wildlife legislation in the country.
♤ This is because of the fact that the “Forest” including “Wildlife” was then a State subject falling in Entry 20 List II of Seventh Schedule, Parliament had no power to make law on the same except as provided in Articles 249,250 and 252 of the constitution.
♤ Having regard to the importance of the matter, the Act has been adopted by all the States except that of Jammu and Kashmir which has a similar law enacted for the purpose of wildlife protection. The operation of the Act is mandatory in the Union Territories too.
♤ The Wildlife (Protection) Act of 1972 provides the basic framework to ensure the protection and management of wildlife. The Act was amended subsequently in 1982, 1986, 1991 and 1993 to
accommodate provision for its effective implementation.
The rationale for passing Act as stated in its Statement of Objects and Reasons are as follows:
♤ The rapid decline of India’s wild animals and birds, one of the richest and most varied wildlife resources of the country has been a cause of grave concern.
♤ Areas which were once teeming with wildlife have become devoid of it and even in sanctuaries and National Parks the protection afforded to wildlife needs to be improved.
♤ The Wild Birds and Animals Protection Act, 1935 has become completely outdated.
♤ This existing laws not only have become outdated but also provide punishments, which are not commensurate with the offence and financial benefits that occur from poaching and trade in wildlife produce. Further, such laws mainly relate to control of hunting and do not emphasize the other factors which are also the prime reasons for the decline of India’s wildlife namely taxidermy and trade in wildlife and products there from.