About Wild Life (Protection) Act, 1972

• The Wild Life (Protection) Act, 1972, provides for the protection of wild animals, birds and plants. 
• The Act created six schedules which gave varying degrees of protection to classes of flora and fauna.
• It contains provisions prohibiting the hunting of wild animals specified in the schedules, unless the Chief Wildlife Warden believes that an animal has become dangerous to human life or is disabled or diseased beyond recovery. 
• It also provides for protection of specified plants, prohibiting picking or uprooting them, and allows governments to declare areas as sanctuaries. 

Highlights of the 2022 Amendment

Streamlining the Schedules:

• The amendment streamlines the Schedules of protected native wildlife to three Schedules (Schedule I and II for animals; Schedule III for plants).
• The Act removes the present schedule for vermin species and inserts a new schedule (Schedule IV) for specimens listed for extinction under CITES. 
• There has been a significant addition of species to Schedule I. 

Obligations under CITES:

• The fresh amendments intend to regulate wildlife trade and to implement the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), which is an international agreement between governments to regulate international trade in species threatened with extinction. 
  • Refer Pulse November @ A Glance 2022 edition for details about CITES.
• The latest amendments seek to increase the protected species as listed in the appendices under CITES.
• The Act provides for designation of a management authority, which would be empowered to grant export or import permits for trade of specimens.
• The Act also provides for designating a scientific authority, which would monitor the export permits granted for the specimens listed in the schedule as well as the actual export of the specimens. 
• An export permit would not be granted for certain species unless the scientific authority advises that the export will not be detrimental to the survival of that species.

Regulating Invasive Species:

• For the first time, a regulatory mechanism to deal with ‘invasive alien species’ has been inserted in the Act.

• It empowers the central government to regulate or entirely prohibit the import, trade, possession or proliferation of invasive alien species. 
• An invasive alien species is defined as “a species of animal or plant which is not native to India and whose introduction or spread may threaten or adversely impact wildlife or its habitat”.

Role of Gram Sabha: 

• The amendment also makes it mandatory to consult the Gram Sabha in the management plan for all Wildlife Sanctuaries.

Protection of Elephants: 

• The original act categorises elephants as Schedule 1 animals, at par with tigers, but allows them to be held captive legally. In other words, the law prohibits capturing any Schedule 1 animal, irrespective of their wild or captive nature, except in certain circumstances with prior permission of the chief wildlife warden.
• The amendment adds a clause, allowing transfer or transport of a captive elephant for “religious or any purpose” by anybody having a valid certificate of ownership, subject to terms and conditions prescribed by the central government. 
• Many animal protection organisations have urged the government to remove this clause. Experts have also argued that the provision enlarges scope for exploitation of captive elephants.

Increased Penalties:

• The Act also increased the penalties under the act. For general violations, the amendment proposes an increase of the maximum fine to Rs 1 lakh from Rs 25,000 and for violating provisions related to specially protected animals, it increases the fine to at least Rs 25,000 from at least Rs 10,000.