University Institute Of Legal

Studies

Environmental Law

Legal Framework for Wildlife Conservation in India

Submitted To : Dr Sabina Salim

Submitted By :
Class : B.Com LL.B (Hons)
Semester : 8th
Roll No. : 279/16
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 ACKNOWLEDGEMENT

I would like to take this opportunity to thank Dr Sabina Salim for her invaluable
support, guidance and advice. I would also like to thank my friends who have
always been there to support me and the library staffs for working long hours to
facilitate me with required materials going a long way in quenching my thirst for
education. Last but not the least, my parents, who made me able to be here and
complete my work.

Scope of the Project

The project focuses on the various legislations regarding conservation

and protection of wild life in India and their enforcement. It has
enumerated a few Acts and has stated the legislations in them. The
researchers have also made suggestions which could improve both the
laws and finally a conclusion has been drawn.

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 INDEX
 INTRODUCTION
 NEED FOR CONSERVATION
 WILDLIFE LAWS
 INDIA AND WILDLIFE
 DECISION-MAKING: LEGISLATION AND REGULATIONS VARIOUS LAWS
RELATING TO WILDLIFE
 THE WILDLIFE (PROTECTION) ACT, 1972 (LAST AMENDED IN 2006)
 THE INDIAN FOREST ACT ,1927 AND FOREST ACTS OF STATE
GOVERNMENTS
 THE FOREST CONSERVATION ACT, 1980
 THE ENVIRONMENT (PROTECTION) ACT, 1986
 THE BIOLOGICAL DIVERSITY ACT, 2002
 NATIONAL WILDLIFE ACTION PLAN (2002-2016)
 NATIONAL FOREST POLICY (1998)
 WILDLIFE AND TRADE
 PROTECTED AREAS
 SANCTUARY
 NATIONAL PARK
 CLOSED AREA
 SETTLEMENT OF RIGHTS
 PENALTIES
 DECISION-MAKING: STRATEGIES, POLICIES AND PLANS
 PROGRAMMES AND PERSPECTIVES
 CHRONOLOGICAL HIGHLIGHTS
 CITES AND WILDLIFE PROTECTION IN INDIA
 NATIONAL WILDLIFE ACTION PLAN
 ANIMAL WELFARE BOARD
 POLICY, LAW AND ADMINISTRATIVE ACTIONS
 THE CURRENT WILDLIFE SET-UP IN THE MINISTRY OF ENVIRONMENT AND
FORESTS
 FUNDING SUPPORT FOR WILDLIFE CONSERVATION
 CONSERVATION OF NATIONAL PARKS AND SANCTUARIES
 STRENGTHENING OF WILDLIFE DIVISION AND CONSULTANCIES
 CENTRAL ZOO AUTHORITY
 WILDLIFE INSTITUTE OF INDIA
 OLIVE RIDLEY TURTLE CONSERVATION PROJECT
 CASE STUDIES WITH RESPECT TO WILD LIFE CONSERVATION: 38
 SHAHTOOSH CASE
 PROJECT TIGER
 PROJECT ELEPHANT
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 CONCLUSION AND BIBLIOGRAPHY
INTRODUCTION

Conservation of wildlife includes the preservation of all species, the enhancement of wildlife
habitat, the control of wildlife problems and the consumptive use of wildlife. The rapid rate
of extinction of many species of animals is an increasing concern. Habitat preservation and
enhancement are critical to existence of wildlife in an area. Animals cannot live in an area
that does not provide, proper food, cover, water and special needs. People's activities alter
many habitats, which acts as a detriment to Wildlife.

With a land mass of the 329 million hectares and coast line of 7516 km, with oceans, lakes,
rivers and mighty Himalayas and several other mountains ranges, the desert of Rajasthan, the
plateaus, the wetlands and the islands of Andaman and Nicobar and Lakshadweep, India, our
beautiful country, is the home to an amazing variety of fauna and flora. There are about
75,000 species of animals, of which 340 species are mammals, 1200 birds, 420 reptiles, 140
amphibians, 2000 fishes, 50,000 insects, 4000 molluscs and several other species of
vertebrates.

Need for Conservation

The gradual emergence of the human beings as the most dominant species among all other
species of animals and the attempt of the human beings to set them apart from other species
is the main underlying cause of the contemporary environmental disaster. The main reason
behind a threat to the wildlife and the ecosystem is the constantly growing deforestation,
poaching and negligence towards animals and nature.

At the present estimate, 81 species of mammals, 38 species of birds, 18 species of

amphibians and reptiles considered to be endangered in India. The tiger is the largest living
member of the cat family, followed by the lion and the leopard. Habitat destruction and
poaching brought about a sharp decline in their number and the national census of tigers in
1972 recorded that there were just 1827 of them in our country.

With the entire gloomy picture in regard of our wildlife, India is keen to do its best to
protect its wild life. Luckily, we have ability and media, vocal environmental groups, NGOs
and others who would not tolerate any more interference or intuition with the vast diversity
of animal wildlife.

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Wildlife laws

Wildlife laws in India can be traced back to early third century BC, when Ashoka, the
Emperor, codified a law for the preservation of wildlife and environment. Thereafter came
several laws among which, the first codified law was the Wild Bird Protection Act, 1887,
enacted by the British Government. The Government of India brought for the first time a
comprehensive act, the Wildlife Protection Act (WPA), 1972, which was later amended and
changes were brought in as the need arose. Furthermore, to protect the wildlife, the
Government of India also became a signatory to the Convention on International Trade in
Endangered Species of Wild Fauna and Flora CITES since October, 1976.

Besides WPA and CITES; the Indian Penal Code, 1860; the Code of Criminal Procedure,
1973;

Customs Act, 1962; Indian Forest Act, 1927; Forest Conservation Act, 1981; Prevention of
Cruelty to Animals Act, 1960 are some of the important weapons available for check and
control of wildlife offences including trade.

Wild Life Protection Act (WPA), 1972 provides for the protection of Wild animals, birds and
plants and for matters connected therewith or ancillary or incidental thereto. It extends to
the whole of India, except the State of Jammu and Kashmir. The act includes all animals
like birds, mammals etc. While the act clearly defines hunting it also prohibits the usage,
supply etc. of animal articles.

Section 9 of the Act prohibits hunting of wild animals and birds specified in Schedule I, II,
and III and IV, except as provided under Sections XI and XII. This classification has been
made keeping in mind the significance and population of wildlife. Those highly threatened
find a place in Schedule I. As of punishment for offences, Section 51 of the Act prescribes a
maximum imprisonment of six years, Rs 25,000 fine or both for hunting animals and birds
specified on Schedule I.

India and Wildlife

India is richly endowed with a wide variety of flora and fauna. There is perhaps no other
country in the world that can rival it in biodiversity and natural wealth. With a forest cover
of 19 per cent of its total geographical area - of which as much as 11 per cent is good or
dense forest. India is home to 372 mammals, 1,228 birds, 428 reptiles, 204 amphibians,
2,546 fishes, 57,245 insects, 5,042 mollusces and several other species of invertebrates. It is

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the only country to have all the five major vertebrates - the tiger, lion, panther, elephant and
the rhino.

Out of the total eighteen bio-diversity hot spots in the world, India has two-one is the
northeast

Himalayas‟ and the other is the „Western Ghats‟. At present, India is home to several
animal species that are threatened, which includes over 77 mammals, 22 reptiles and 55
birds and one amphibian species. Threats vary from poaching and illegal trade to dwindling
forest cover and habitat thanks to development and population pressures. The ever-
increasing demand for wildlife products in the international markets, particularly in South-
East Asia, Europe and North America, poses a greater challenge to the Government and
conservationists. Several species, including the tiger, rhino and the elephant are being
slaughtered to feed the lucrative illegal trade in wildlife.

For conservation of biological diversity, India has developed a protected area network of
1.53 lac sq. mts. comprising 86 National parks and 480 Wild life Sanctuaries. This network,
which is being progressively expanded, now covers about 4% of the total land area of the
country. Besides, India has set up 12 Biosphere Reserves to protect representative
ecosystems and to serve as laboratories to evolve alternate models of development, in tune
with the Man and Biosphere programme of UNESCO. Also as a result of the amendments in
1991 to the Wildlife (Protection) Act, hunting of all species of wildlife for commerce or for
pleasure has been banned. The Government has recently introduced the Biological Diversity
Bill, 2000 in the Lok Sabha to provide for conservation of biodiversity and equitable sharing
of benefits arising out of the use of biological resources. A National Policy and Action
Strategy of Biological Diversity has been drawn up as a macro-level statement. The
Statement lists strategies, gaps and further actions needed for conservation, sustainable use
and realization of actual and potential value of biological diversity.

Conservation and sustainable use of biological resources based on local knowledge systems
and practices is ingrained in the Indian ethos and way of life. Formal policies and
programmes for conservation and sustainable use of biodiversity resources date back to
several decades. The concept of environmental protection is enshrined in the Indian
Constitution in Article 48(a) and 51(g). Major Central Acts relevant to biodiversity are: the
Wildlife (Protection) Act, 1972; the Forest (Conservation) Act, 1980; and the Environment
(Protection) Act, 1986. The various Central Acts are supported by a number of State Laws
and Statutes concerning forests and other natural resources.

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Various Laws Relating To Wildlife

The Government of India has introduced various types of legislation in response to the
growing destruction of wildlife and forests. These are:

3.1.1 The Wildlife (Protection) Act, 1972 (Last Amended In 2006)

The Wildlife (Protection) Act (WLPA), 1972 is an important statute that provides a
powerful legal framework for:

 Prohibition of hunting

 Protection and management of wildlife habitats

 Establishment of protected areas

 Regulation and control of trade in parts and products derived from wildlife

 Management of zoos.

The WLPA provides for several categories of Protected Areas/Reserves:

 National Parks

 Wildlife Sanctuaries

 Tiger Reserves

 Conservation Reserves

 Community Reserves

National parks and Tiger Reserves are by law more strictly protected, allowing virtually no
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human activity except that which is in the interest of wildlife conservation. Grazing and
private tenurial rights are disallowed in National Parks but can be allowed in sanctuaries at
the discretion of the Chief Wildlife Warden. The amended WLPA does not allow for any
commercial exploitation of forest produce in both national parks and wildlife sanctuaries,
and local communities can collect forest produce only for their bona fide needs.

No wild mammal, bird, amphibian, reptile, fish, crustacean, insects, or coelenterates listed in
four Schedules of the WLPA can be hunted either within or outside protected areas. On
conviction, the penalty for hunting is imprisonment for a period ranging from a minimum of
three to a maximum of seven years with fines not less than 10,000 rupees.

Community reserves and conservation reserves are two new categories of protected areas
that have been included under the WLPA. These two categories provide a greater role for
local communities, stakeholders and civil society as well as the opportunity to protect many
areas of conservation value that cannot be designated under strict categories such as wildlife
sanctuaries or national parks.

The statute prohibits the destruction or diversion of wildlife and its habitat by any method
unless it is for improvement or better management and this is decided by the state
government in consultation with the National and State Boards for Wildlife.

The WLPA contains elaborate procedures for dealing with legal rights in proposed protected
areas and acquisition of any land or interest under this law is deemed as an acquisition for a
public purpose. However, with the enactment of The Scheduled Tribes and Other Traditional
Forest Dwellers (Recognition of Forest Rights) Act, 2006, compliance of various provisions
relating to tenurial and community rights must be ensured.

Apart from protected area establishment, other important aspects of the WLPA include
procedures for the appointment of state wildlife authorities and wildlife boards, the
regulation of trade in wildlife products and the prevention, detection and punishment of
violations of the WLPA.

The 2006 amendment introduced a new chapter (IV B) for establishment of the National
Tiger Conservation Authority and notification of Tiger Reserves (before this amendment,
Tiger Reserves were not defined under the law, but were merely administrative designations
to enable funding under Project Tiger).

The Wildlife Crime Control Bureau (WCCB) was constituted vide the 2006 amendment to

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monitor and control the illegal trade in wildlife products.

The WLPA provides for investigation and prosecution of offences in a court of law by
authorized officers of the forest department and police officers.

The Indian Forest Act (1927) and Forest Acts of State Governments

The main objective of the Indian Forest Act (1927) was to secure exclusive state control over
forests to meet the demand for timber. Most of these untitled lands had traditionally
belonged to the forest dwelling communities. The Act defined state ownership, regulated its
use, and appropriated the power to substitute or extinguish customary rights. The Act
facilitates three categories of forests, namely

 Reserved forests

 Village forests

 Protected forests

Reserved forests are the most protected within these categories. No rights can be acquired in
reserved forests except by succession or under a grant or contract with the government.
Felling trees, grazing cattle, removing forest products, quarrying, fishing, and hunting are
punishable with a fine or imprisonment. Although the Indian Forest Act is a federal act, many
states have enacted similar forest acts but with some modifications.

The Forest Conservation Act (1980)

In order to check rapid deforestation due to forestlands being released by state governments
for agriculture, industry and other development projects (allowed under the Indian Forest
Act) the federal government enacted the Forest Conservation Act in 1980 with an
amendment in 1988. The Act made the prior approval of the federal government necessary
for de-reservation of reserved forests, logging and for use of forestland for non- forest
purposes.

This powerful legislation has, to a large extent, curtailed the indiscriminate logging and
release of forestland for non-forestry purposes by state governments. While the federal
government imposed such strict restrictions, it did not simultaneously evolve a mechanism to
compensate state governments for loss of timber logging revenues. This anomaly coupled

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with increasing pressure for land due to a burgeoning population has generated considerable
resentment within state governments resulting in growing pressure to dilute the restrictive
provisions of the Act. The Supreme Court of India has currently imposed a complete ban on
the release of forestland for non-forestry activities without the prior approval of the federal
government.1

The Environment (Protection) Act (1986)

The Environment Protection Act is an important legislation that provides for

coordination of activities of the various regulatory agencies, creation of authorities
with adequate powers for environmental protection, regulation of the discharge of
environmental pollutants, handling of hazardous substances, etc. The Act provided
an opportunity to extend legal protection to non-forest habitats („Ecologically
Sensitive Areas‟) such as grasslands, wetlands and coastal zones.

The Biological Diversity Act (2002)

India is a party to the United Nations Convention on Biological Diversity. The provisions of
the Biological Diversity Act are in addition to and not in derogation of the provisions in any
other law relating to forests or wildlife.

National Wildlife Action Plan (2002-2016)

It replaces the earlier Plan adopted in 1983 and was introduced in response to the need for a
change in priorities given the increased commercial use of natural resources, continued
growth of human and livestock populations, and changes in consumption patterns.

The Plan most closely represents an actual policy on protection of wildlife. It focuses on
strengthening and enhancing the protected area network, on the conservation of Endangered
wildlife and their habitats, on controlling trade in wildlife products and on research,
education, and training.

The Plan endorses two new protected area categories: conservation reserves, referring to
corridors connecting protected areas, and “community reserves”, which will allow greater
participation of local communities in protected area management through traditional or

1
.C Mehta v. Kamal Nath, (1997) 1 SCC 388.

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cultural conservation practices. These new categories of protected areas are likely to bring in
corridor areas under protection. The Plan contains various recommendations to address the
needs of local communities living outside protected areas and outlines the need for voluntary
relocation and rehabilitation of villages within protected areas. The Plan recognizes the need
to reduce human-wildlife conflict and emphasizes the establishment of effective
compensation mechanisms. It includes the restoration of degraded habitats outside protected
areas as a key objective.

National Forest Policy (1998)

The National Forest Policy, 1988, (NFP) is primarily concerned with the sustainable use and
conservation of forests, and further strengthens the Forest Conservation Act (1980). It
marked a significant departure from earlier forest policies, which gave primacy to meeting
government interests and industrial requirements for forest products at the expense of local
subsistence requirements. The NFP prioritizes the maintenance of ecological balance through
the
conservation of biological diversity, soil and water management, increase of tree cover,
efficient use of forest produce, substitution of wood, and ensuring peoples‟ involvement in
achieving these objectives. It also includes meeting the natural resource requirements of rural
communities as a major objective. The NFP legitimizes the customary rights and concessions
of communities living in and around forests, stating that the domestic requirements of the
rural poor should take precedence over industrial and commercial demands for forest
products. As can be seen from this article, India has a strong set of laws, Acts and policies
for the protection of forests and wildlife. It is for citizens to study these carefully and apply
them appropriately while conducting conservation advocacy campaigns.

Wildlife And Trade

Wildlife trade is perhaps the biggest threat to wildlife preservation. The rampant poaching, in
Wildlife and its products are primarily driven by a demands in the international markets. It is
widely believed that illegal trade in wildlife is second only to the narcotics trade. The High
Court of Delhi 2in a case relating to ivory trade remarked, „Courts have recognized that
business in intoxicating drugs and liquor is not a fundamental right as it is dangerous and
noxious. Similarly, on parity of reasoning, business in animal species which are on the verge
of extinction being dangerous and pernicious is, therefore, not covered by Art. 19(1)(g) of
the Constitution. Here it is pertinent to mention that illicit trade has resulted in depletion of a
large number of species of wildlife. The prime motive behind such trade is monetary gains

2
Ivory Traders Manufacturers Association v Union of India, AIR 1997 Del. 267.

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alone. It may be noted here that the Parliament in November 1986 incorporated a complete
new chapter in the WLPA, which imposed an absolute prohibition on trade or commerce in
trophies and animal articles derived from protected scheduled species. Despite the existence
of such mechanisms, trade in wildlife continues to be the biggest challenge in wildlife
conservation.

The most significant legislation on wildlife protection, which is based on an ecosystem

approach and a regulatory regime of command and control is the Wildlife Protection Act
1972. Sec. 2(37) defines „Wildlife‟ to include „any animal, bees, butterflies, crustacean, fish
and moths; aquatic or land vegetation which forms part of any habitat‟. Thus the WLPA
includes within the definition both aquatic and land vegetation which forms part of any
habitat. The import of such a definition is significant as destruction of a habitat would
amount to destruction of wildlife itself. The definition is expanded, when wildlife would
mean any animal found wild in nature.3

Hunting under the Act would mean every attempt of capturing, killing, poisoning, snaring
and trapping of wild animals. Sec. 2(16) further states that driving, injuring or destroying or
taking any part of the body of any such wild animals or in the case of a wild bird or reptile,
damaging the egg of such birds or reptiles or even disturbing the eggs or nests of such birds
or reptiles would amount to hunting.4

Killing of a wild animal is permitted, in case the wounding is resulted in good faith and self
defence. However this exception would not include any defence in contravention of the
provision of the Act.
Protected Areas

The term „protected area‟ is not defined under the WLPA. But in Tarun Bharat Sangh v.

Union of India 5the Supreme Court clarified that the expression was intended to and does refer
to all the areas which have legal protection against non-forest activities that devastated the
environment including poaching, mining, felling of trees etc. The WLPA provides for three
categories of protect areas.; Sanctuary, National park and Closed Areas.
Sanctuary

A sanctuary is an area that is established under the WLPA if; firstly a notification under sec. 18
is issued declaring the intention and the boundaries of a particular area that is required to be
declared a sanctuary; secondly, the period [two months] after proclamation made by the collector
3
Batan Singh v Emperor, 29 Cr. LJ 238
4
Trilok Bahadur Rai v State of Arunachal Pradesh, 1979 Cr. LJ 1404
5
Tarun Bharat Sangh v. Union of India ,1993 Spp (3) SCC 115.

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for preferring claims and with regard to peoples‟ rights must elapse and thirdly, all the claims,
made in relation to any land must be disposed off by the State government. After these three
conditions are fulfilled, the State Government is required to issue a notification specifying the
limits of the area that would finally be notified as a sanctuary. Thus, two separate notification are
required for all areas other than Reserved Forests and territorial waters, one as an intention
notifications and other as the final notification6.

National Park

A National Park can be established under three provisions of the WLPA ie sec. 35, Sec. 38(2)
and Sec. 66(3). For an area to be declared as National Park under sec. 35, an intention is declared
by notification for any area, which is of ecological, faunal, floral and geomorphologic
importance. This area may be an existing Sanctuary too.

A National Park is notified under the following three conditions. First when the period of
preferring claims has elapsed; second when all claims in relation to any land in the area intended
to be a National Park are disposed off by the State Government and lastly, when all rights in
respect of land which is proposed to be included in the national park are vested in the
government. After the above conditions have been fulfilled, the State Government shall issue a
notification specifying the limits of the area that is being declared as a national park. In

Consumer Education Research Centre and WWF-India v Union of India 7, the court held that sec.
21 of the General Clauses Act could not be invoked to quash a sanctuary. The only authority to
alter the boundaries of the sanctuary is the state legislature. The Narayan Sarovar Sanctuary was
declared a National Park in 1981 under sec. 18(1) of the WLPA, subsequently in 1993 the
Government of Gujarat started giving mining leases to various industrial groups, in particular to
Sanghi Cements, to explore the mineral reserves of the Kutch region. The Narayan Sarovar
Sanctuary was quashed under Sec. 21 of the General Clauses Act 1897 and simultaneously
another notification was issued under sec. 26-A(1)(b) of the WLPA as amended upto 1991,
declaring an area comprising only of reserve forests, as the „Chinkara Wildlife Sanctuary‟. The
area was reduced to a mere 94.87 sq. k.m. In Tarun Bharat Sangh8, case it was pointed out that
in the Sariska Tiger park, declared as Reserved Forest in Rajasthan, illegal ad arbitrary mining
privileges were issued to various persons enabling them to carry on mining operations of lime
and dolomite stones inside areas notified as sanctuary, national park and protected areas. The
State of Rajasthan took the stand that grant of mining privileges was possible because of the
confusion as to the exact boundary of the reserved forest. A committee was appointed on specific

6
Niyamadevi v State of Kerala, 1993 (2) Ker. L. T 10.
7
Consumer Education Research Centre and WWF-India v Union of India .2000 (1) Scale 606.

8
TBS v Union of India, AIR 1992 SC 514.

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instructions given by the Supreme Court. Interlocutory directions that no mining operations of
whatsoever nature shall be carried on within the protected are w.e.f December 1991.

Closed Area

An area can be so declared as closed for hunting under Sec. 37. No hunting of any wild animal
shall be permitted in a closed area during the period specified in the notification.

Settlement of Rights

In wake of the 1991 amendment to the WLPS, settlement of all claims and rights within
protected areas is a mandatory requirement. Under Sec. 19, the Collector is required to determine
the existence, nature and extent of right of any person who may be a claimant in the process of
settlement. Sec. 20 bars the accrual of any right after the intention notification. The
determination of rights under the section is quite comprehensive as it includes the rights of any
person.

The collector follows this with a proclamation, published in a regional language, specifying the
boundaries of such a proposed protected area. Any claim under sec. 19 is required to be
submitted within two months from the date of such proclamation. A provision is also made for
inquiry of claims, for which the collector shall be vested with the same powers of a civil court.

The Collector may accept or exclude the claims made by individual either wholly or partly, at
such land may either be excluded from the limits of the protected area or acquired by the State.

A sanctuary or a national park may be finally notified under Sec. 26A or 35 (4) of the WLPA
only after the period of claim has elapsed and all other claim have been disposed off. In case of
Reserve Forests and territorial waters, which may be proposed to be included in a sanctuary, the
State Government may directly notify such Reserve Forest as a Sanctuary and in case of
territorial waters, the limits of the area so included in a sanctuary, shall be determined in
consultation with the Chief Naval Hydrographer and after prior concurrence with the Central
Government. After the final notification of the protected area, no alteration of boundaries shall
take place except on a resolution passed by the state legislature.

Sec. 39 states that wild animals hunted in contravention of this Act or animal article, trophy,
meat, ivory imported and articles made from it and vehicle, vessel weapon, trap or tool used for
committing an offence under the said Act, shall be the property of the State Government. If such
animal is hunted in a Sanctuary or National Park declared by the Central Government, such
animal or any article, trophy, or vehicle, weapon or tool used in such hunting shall be the

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property of the Central Government9.

Penalties

The Wildlife Protection Act, 1972 prescribes a penalty for the contravention of any provisions or
for breach of any license or permit, an imprisonment upto three years or fine upto twenty five
thousand or both; for offence committed in relation to any Sch. I, II or to illegal trade in wildlife
meat or altering boundaries of Parks, an imprisonment of not less than one year, upto 6 years and
a fine of not less than five thousand; for trade or commerce in scheduled animals, not less than
one year, upto seven years and not less than five thousand.

Sec. 50 empowers the Chief Wildlife Warden with the power of entry, search, arrest and
detention; To seize any captive animal, wild animal, animal articles, meat, trophy or uncured
trophy or any specified plant or part or derivative thereof, in respect of which an offence against
this Act appears to have been committed, in the possession of any person together with any trap,
tool, vehicle, vessel or weapon used for committing any such offence and unless he is satisfied
that such person will appear and answer any charge which may be preferred against him, arrest
him without warrant and detain him. All such property hunted and seized in the Protected areas
shall be the property of the Government.
The 1986 and 1991 amendments were challenged by wildlife traders in the High Court of Delhi,
and initially, they were successful in obtaining orders staying the operation of the provisions
which sought to end the wildlife trade. The three cases filed by the wildlife traders were G. R
Simons and other v Union of India 10, Ivory Traders and Manufacturers Association v Union of
India, Unigems v Union of India 11. However in 1992 all three stay orders were vacated and the
law came into force. The final judgment in these cases was delivered on March 20, 1997.
Prohibition on trade and commerce in animal articles was held to be valid. As this law stands
after its 1991 amendment, it would appear that it is strong enough to deter wildlife crimes. In
practice this is not turning out to be so. The 1991 amendment introduced chapter IV A for the
creation of a Central Zoo Authority to develop the role of zoos in conservation of species. The
Central zoo Authority shall specify the minimum standards for housing, upkeep and veterinary
care of animals kept in the zoo; to evaluate and assess the functioning of zoos with respect to the
standards or the norms; recognize or de-recognize zoos; identify endangered species of wild
animals for purposes of captive breeding and assigning responsibility in this regard to a zoo; co-
ordinate the acquisition, exchange and loaning of animals for breeding purposes; ensure
maintenance of study books of endangered species of wild animals bred in captivity.

One aspect which came to the fore then, was the role of traveling zoos which more often than not
kept animals in pitiable conditions and carried on illegal trade in living wild animals. Circuses
9
TBS v Union of India, AIR 1992 SC 514.
10
G. R Simons and other v Union of India, AIR 1997 Del. 301
11
Traders and Manufacturers Association v Union of India, AIR 1997 Del. 267

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and film studios were already under scrutiny in this regard. An inspection of traveling zoos in
India during 1995-96 revealed that most of them had violated the law in one respect or another.
Some were found to be instrumental in acting as a cover for illegal transportation of live wild
animals to Nepal and other neighboring countries. This matter was decided by the High Court of
Delhi in Maneka Gandhi v. Central Zoo Authority 12, by which traveling zoos were ordered to be
closed down. Further the Court ordered to Wildlife Authority to buy back the living wild animals
at reasonable price, so as to bring equitable justice on the right to trade and life on the people
who were earning their livelihood from this trade. A study conducted by the Wildlife Protection
Society of India on the impact of this law found that in the last five years or so, not more than
three persons in India had actually received jail sentences for crimes against even major species
such as the tiger and rhino. Only a single case was found, where a city based wildlife trader- a
master-mind of the trade caught red handed with wildlife articles- has actually been convicted. In
Assam there are at least two or three seizures and arrests of rhino poachers every year. Only in
one case the accused persons have been awarded a jail sentence as recently as in 1997, but they
are presently on bail upon appeal, which is pending since then. In all the other cases studied, that
were traders and poachers had received bail and the cases are proceeding in lower courts at a
snails pace.

One possible solution is to amend the Act to provide for more stringent penalties for offenses
against highly endangered species listed in Sch. I and part II of Sch. II and unauthorized
taxidermy. The purpose is to bring these offenses in the first classification of Sec. 511 of Cr. P.
C, which will make the offence cognizable, non-bail able and triable by a sessions court. This,
enhanced penalties for second and subsequent offenses and taxidermy will act as an effective
deterrent to professional traders and poachers.
DECISION-MAKING: STRATEGIES, POLICIES AND PLANS

Following the ratification of the Biodiversity Convention by India, several steps have been
initiated to meet the commitments under the Convention and to bring the legislative,
administrative and policy regime regarding biological diversity in tune with the Articles of the
Convention. A National Action Plan on Biological Diversity is being finalized which will
consolidate the ongoing conservation and sustainable use efforts including capacity building and
biosafety measures. In addition, the following activities are being undertaken: biosafety protocol;
biodiversity information network; capacity building in taxonomy; consultation with the State
Governments; traditional knowledge and benefit sharing; and legislation. Policies and strategies
directly relevant to biodiversity include: the National Forest Policy as amended in 1988; the
National Conservation Strategy, and Policy Statement for Environment and Sustainable
Development; the National Agricultural Policy; the National Land Use Policy; the National
Fisheries Policy (under preparation); the National Biodiversity Policy (under preparation); the
National Wildlife Action Plan; and the Environmental Action Plan.

12
Maneka Gandhi v. Central Zoo Authority ,1978 AIR 597.

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 Programmes and Perspectives

A programme called eco-development for in situ conservation of biological diversity involving

local communities has been initiated in recent years through World Bank assistance. The concept
of eco-development integrates the ecological and economic parameters for sustained
conservation of ecosystems by involving local communities with the maintenance of earmarked
regions surrounding protected areas. To conserve representative ecosystems, a Biosphere
Reserve Programme is being implemented. Eight biodiversity-rich areas of the country have
been designated as Biosphere Reserves applying the United Nations Educational, Scientific and
Cultural Organization's Man and the Biosphere (UNESCO MAB) criteria. India is one of the 12
mega biodiversity centres in the world, representing two of the major realms and three of the
basic biomes of the world. The country is divided into 10 biogeographic regions: Trans-
Himalayan, Himalayan, Indian Desert, Semi-Arid, Western Ghats, Deccan Peninsula, Gangetic
Plains, North-East India, Islands, and Coasts. Programmes have also been launched for scientific
management and wise use of fragile ecosystems. Specific programmes for management and
conservation of wetlands, mangroves and coral reef systems are being implemented. National
and state level committees oversee and guide these programmes to ensure strong policy and
strategic support.

The Ministry of Environment and Forest (MOEF) of India established the National Coordination
Committee (NCC) by Governmental Order on 28 August 1995. The NCC consists of
representatives of 10 different enforcement agencies and an NGO, TRAFFIC India. The
objective of the NCC is to promote effective inter-departmental co-ordination for the control of
illegal trade in wildlife and wildlife products in the country. The Director of Wildlife
Preservation of the Government of India serves as the chair. The NCC meets biannually.

Cites And Wildlife Protection In India

This UNEP (United Nations Environment Programme) convention came into effect in 1975 as a
result of the growing awareness that international trade was endangering more and more wild
species everywhere on the planet. CITES is an international consensus on sustainable mutual
management of natural resources. Convention on International Trade in Endangered Species of
Wild Flora and Fauna is an International Convention with direct implications for conservation
of marine living resources. The CITES recognized „that peoples and states are and should be the
best protectors of their own wild fauna and flora and that „international cooperation is essential
for the protection of certain species of wild fauna and flora against over exploitation through
international trade. Under CITES, commercial trade is banned for an agreed list of currently
endangered species and also by regulating and monitoring trade in other species that might
become endangered.

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Three appendices with varying degree of threats are included in CITES. Appendix I lists those
species threatened with extinction which are or may be affected by trade. If the status of a
species is seriously declining it should be listed even if there is only a probability of trade. So as
not to endanger them further, no permits are issued for international trade in these species unless
there are very exceptional circumstances. Appendix II is intended to regulate international trade
in species which are not sufficiently endangered to warrant inclusion in Appendix I, but which
could become endangered unless trade in them is controlled. International trade in these species
is permitted with proper documentation issued by the government of the exporting country. The
export of any specimen of a species included in Appendix II shall require the prior grant and
presentation of an export permit, when a scientific authority of the State of export has advised
that such export will not be detrimental to the survival of that species; a management authority of
the State of export is satisfied that the specimen was not obtained in contravention of the laws of
the State for the protection of fauna and flora; and that the shipment will carry minimum risk of
injury and damage to the heath or cruel treatment of the animal. Appendix III is meant to provide
a mechanism whereby a party Nation which regulates trade in a species not listed in Appendix I
can seek international help in enforcing that regulation.

The contracting parties are also required to take appropriate measures-including provisions for
penalty and confiscation, to prohibit trade in the specimens of species and to enforce the
provisions of the Convention. It also makes it clear that the Convention would in no way affect
the right of parties to adopt stricter domestic measures regarding the conditions including
complete prohibition for trade, taking possession or transport of specimens of species included in
the appendices of the convention.

National Wildlife Action Plan

The National Wildlife Action Plan provides the framework of strategy as well as programme for
conservation of wildlife. The Indian Board of Wildlife, headed by the Prime Minister, is the apex
advisory body overseeing and guiding the implementation of various schemes for wildlife
conservation. At present, the protected area network comprises 84 national parks and 447
sanctuaries covering 4.5 per cent of the total geographical area of the country. The Wildlife
Protection Act, 1972 adopted by all states except Jammu and Kashmir which has its own Act,
governs wildlife conservation and protection of endangered species. The Act prohibits trade in
rare and endangered species. An Inter-State Committee has been set up to review the Wildlife
(Protection) Act, 1972 and other laws. India is a signatory to the Convention on International
Trade in Endangered Species of Wild Flora and Fauna (CITES). Under this export or import of
endangered species and their products is subject to strict control. India is also a signatory to the

Memorandum of Understanding on the conservation of Siberian Cranes. The Centre provided

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financial and technical assistance to states for development and improved management of
national parks; protection of wildlife and control of poaching and illegal trade in wildlife

products; eco-development in areas around national parks and sanctuaries; conservation of

elephant and its habitat; and conservation of rhinos in Assam. Under Project Tiger, launched in
April 1973, 25 Tiger reserves have been set up in 14 States covering an area of about 33 875-sq
km. The tiger population reported by 14 States is 3,435 only. Financial assistance is available for
voluntary relocation of tribal families from the Protected Areas. Under Project Elephant, States
having free-ranging population of wild elephants are given financial as well as technical and
scientific assistance to ensure long-term survival of identified viable populations of elephants in
their natural habitats. A Central Zoo Authority has been set up to look after the management of
zoological parks in the country. It coordinates the activities of over 200 existing zoos and also
supervises the exchange of animals on a scientific basis. A draft national policy on zoos prepared
by the Authority provides appropriate directions to the Government and other zoo operators. The
export of shed antlers of the deer (cheetal and sambhar) and articles made of these have been
banned. Export of 29 medicinal plants parts and pure extracts of these plants have been banned.

Animal Welfare Board

The Animal Welfare Board of India, established in 1962 under the provisions of the Prevention
of Cruelty to Animals Act, 1960 is an autonomous organisation of the Ministry of Environment
and Forests working for the cause of animal welfare in the country. More than 9,000 Honorary
Animal Welfare Officers have been appointed by the Board so far to check cruelty to animals
and to protect them. A series of camps for training the members of the Society for Prevention of
Cruelty to Animals and animal welfare organisations is being held all over the country, in
collaboration with the Royal Society for Prevention of Cruelty to animals London. Under the
Animal Birth Control scheme of the Board, sterilization in six metropolitan cities is carried out
on stray dogs. The Board also celebrates Animal Welfare Fortnight from 14 January every year.

POLICY, LAW AND ADMINISTRATIVE ACTIONS

The Current Wildlife Set-Up in The Ministry Of Environment And Forests

Forest and wildlife are subjects listed in the Concurrent List of the Constitution. At the Central
Government level, the Union Ministry of Environment and Forests is responsible for all matters
dealing with policy on wildlife conservation, at the State Government levels the Forest
Departments under their control implement the national policies. The Wildlife Wing in the

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Ministry of Environment and Forests, Government of India, is headed by the Director, Wildlife
Preservation, who is also designated as the Additional Director General of Forests Wildlife to the
Government of India. The Wildlife Wing has three Divisions, namely, Project Tiger Division,
Project Elephant Division and Wildlife Division, each headed by an officer designated as
Inspector General of Forests. A Deputy Inspector General of Forest Wildlife and an Assistant
Inspector General and Joint Director Wildlife provide support to the Wildlife Wing.

These three Divisions look after national policies and projects, international coordination,
Centrally Sponsored Schemes and State level implementation of activities relating to the
conservation of wildlife in Tiger Reserves, Elephant Reserves, national parks and wildlife
sanctuaries of India, wildlife laws, International Conventions and Treaties, matters relating to
zoos, wildlife conservation, international trade in wildlife and wildlife articles, research, capacity
building, major policy interventions, court cases, Parliament related matters, budget, besides a
host of other related matters. Two autonomous organizations, the Wildlife Institute of India and
the Central Zoo Authority, also headed by officers of the rank equivalent to that of a Joint
Secretary to the Government of India are under administrative control of the Wildlife Wing. The
Wildlife Institute of India is an academic institute recognized as one of the Centres of Excellence
in the country. The Central Zoo Authority is the statutory authority for the recognition and
technical development of the zoos in India. The Director, Wildlife Preservation is assisted by
four regional subordinate offices, each headed by a Regional Deputy Director, Wildlife

Preservation, with headquarters at the four main ports of export and import, viz., Delhi, Mumbai,
Chennai and Kolkata, to check on international trade in wildlife and wildlife articles.

5.2 Funding Support For Wildlife Conservation

Government of India provides part financial support to the State Governments under certain
Centrally-sponsored Schemes. The rest is borne by the State Governments from their own
resources. These Centrally Sponsored Schemes include schemes for Development of National
Parks and Wildlife Sanctuaries, Project Tiger, Project Elephant, Eco-development, Beneficiary
Oriented Tribal Development, Central Sector Scheme on Strengthening of Wildlife Division,
grants-in-aid to Wildlife Institute and central grant to the Central Zoo Authority. During the IX
Five Year Plan the Wildlife Wing provided support to the tune of Rs 463.8 crores under these
schemes. During the X Five Year Plan the two schemes on tribal development and eco-
development have been merged with the schemes on Project Tiger and National Parks and
Wildlife Sanctuaries. A new scheme for the Protection of Wildlife outside Protected Areas has
been proposed. The outlay for the X Five Year Plan is Rs 820 crores. Further details are given in
the reports on the respective Divisions.

Conservation Of National Parks And Sanctuaries

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The Government of India through a Centrally Sponsored Scheme “Development of National
Parks and Sanctuaries” provides the financial assistance to national parks and sanctuaries
managed by the State Governments13. The scheme provides 100% Central assistance on items of
works of non-recurring nature. There are a few identified items of recurring nature which are
essential and which need support for a few years. The scheme provides assistance on such items
on a 50% sharing basis, the matching share coming from the State Government concerned.
Under the scheme, an assistance of Rs 72.28 crores was provided to the States during the IX Five
Year Plan. The outlay for the X Five Year Plan is Rs 350 crores, which includes the merged
schemes for Eco-development and Tribal Rehabilitation.

Strengthening Of Wildlife Division And Consultancies

Under this Centrally Sponsored Scheme the infrastructural and conservational requirements of
the Wildlife Division are met. This Division handles the works of the four sub-ordinate offices of
the Deputy Directors, Wildlife Preservation located at Kolkata, Chennai, Mumbai and Delhi,
with their supporting offices at Amritsar, Guwahati and Cochin. The function of these offices is
to monitor and take measures to check the international trade in wildlife and wildlife articles
passing through the ports of entry into and exit from the country. Besides, research proposals
from independent research agencies and institutions on applied aspects of wildlife conservation,
are also provided support from this head. There are 10 ongoing research projects, dealing mainly
with applied wildlife conservation undertaken by various organizations including the BNHS (4),
Institute of Environment Education and Research, Pune (1), University of Patna (1), Garhwal
University (1), Nature Environment and Wildlife Society (1), Gene Campaign (1) and the
Chilika Development Authority (1). The subjects covered relate to wildlife habitats in the Dangs,
Rajaji National Park, Western Ghats, ecological studies on the Gangetic Dolphin, Irravady
Dolphin, forest spotted owlet, vultures, spot-billed pelican, endangered wildlife in West Bengal
and genetic diversity in the Western Ghats. The duration of research projects varies between one
year and three years and the total support asked for is Rs 88.34 lakhs. Nine more are in the
pipeline. Organization of meetings, workshops, events, awards, etc., is also covered under this
scheme. An amount of Rs 10 crores is provided as outlay for this Scheme for the X FiveYear
Plan.

Central Zoo Authority

The Central Zoo Authority (CZA) was established as a Statutory Authority under the Wild Life
(Protection) Act, 1972 in February 1992, with the prime objective of overseeing the management
of zoos and to provide them with the necessary technical and financial inputs to come up to the
desired level of management. The Authority specifies the minimum standards for housing,
13
T.N. Godavarman Thirumulpad Vs. Union of India & Others, Writ Petition (C) NO. 202 OF 1995.

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upkeep and veterinary care of the animals kept in a zoo; evaluates and assesses the functioning
of the zoos with respect to the prescribed standards or norms and based on it, recognizes or
derecognizes zoos. The law does not permit functioning of a zoo in India unless it is recognized
by the CZA. The Authority also, inter-alia, identifies endangered species of wild animals for
purposes of captive breeding, coordinates the acquisition, exchange and loaning of animals for
breeding purpose, coordinates training of zoo personnel in India and outside India, coordinates
research in captive breeding and educational programmes and provides technical and other
assistance to zoos for their proper management and development on scientific lines.

The Ministry of Environment and Forests provides grants-in-aid to the CZA for providing
financial assistance to zoos in the country for improving housing facilities, veterinary facilities
and upkeep of animals. During the IX Plan Period, the Authority had provided Rs. 3748.43 lakhs
for the welfare of animals in zoos. The X Five Year Plan outlay for the CZA is Rs 75 crores, and
83% of the Grants-in-aid of 1080 lakhs during the year 2002- 2003 was released to zoos for
improvement of animal housing and upkeep. Administrative and operational cost was kept to the
minimum at 5.6% of the total allocation.

The CZA have evaluated 418 zoos in the country and granted recognition to 164 zoos. Since its
inception in 1992, 91 zoos have been closed down and their animals rehabilitated appropriately.
Cases of these zoos, which were derecognized, are currently being reviewed for their possible re-
recognition. Seven mini zoos in Andhra Pradesh, Bihar, Daman and Diu, Himachal Pradesh,
Madhya Pradesh and Haryana were closed, and the zoo at Peshwe Park, Pune was shifted to an
alternative site at Katraj. Fourteen zoos, which were having inappropriate housing and existing
in very small areas have been extended at their existing site or have moved to alternative larger
and better areas. Since January 2002, the CZA has issued wild animal health care guidelines to
the zoos and continuous monitoring by the CZA has resulted in the reduction of death rate
among tigers in zoo to an all time low since 1995-96 at 9.74%. For strengthening of diagnostic
facility on a zonal basis six veterinary institutions located at Bhubaneshwar, Chennai, Guwahati,
Bareilly (IVRI), Anand and Jammu have been identified and MoU on modalities finalized and
signed with the concerned universities. In order to infuse new technology in the field of assisted
reproduction of endangered species, a laboratory is being constructed in collaboration with the
Centre for Cellular and Molecular Biology (CCMB) at Hyderabad. To facilitate coordination
among zoos in ex-situ conservation, a website of the Authority was also launched. With a view
to bring transparency in functioning of zoos, an inventory of animals giving details of death and
birth was published and distributed widely. Five Rescue Centres for rehabilitating 300 lions and
tigers received from circuses have been established at Vandalur Tamil Nadu, Bannerghatta
Karnataka, Nahargarh (Rajasthan), Visakhapatnam and Tirupati (Andhra Pradesh). In
coordination with the Ministry of Social Justice, State Government and field officials, the CZA
organized\ seizure and transport of 116 lions and 6 tigers from 13 circuses to four rescue centres
established by the Central Zoo Authority. A total of 292 animals rescued from circuses have

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been rehabilitated at these Centres till August 2003. The CZA also coordinated with CITES
authorities to rescue 1,800 star tortoises from Singapore and in their rehabilitation at the Nehru
Zoological Park, Hyderabad. In order to upgrade the technical skills of zoo personnel, 70
zookeepers and 30 supervisory level staff were provided training in 2002. To further the cause of
conservation through ex-situ interventions, a premier conservation effort of a new kind, planned
breeding programmes for rehabilitating Red Panda and Lion Tailed Macaque in their natural
habitats, has been taken up by the CZA. As a part of this programme, release of captive bred Red
Panda from the Padmaja Naidu Himalayan Zoological Park, Darjeeling to the Singalila National
Park in West Bengal, has been carried out as a first step, on 15 August, 2003.

Wildlife Institute of India

Established in 1982, Wildlife Institute of India (WII) is an autonomous body under the
administrative control of the Government of India and is recognized as India‟s premier
institution that provides both capacity building as well as research inputs for improvement of
wildlife conservation in India. Under the Central Sector Scheme, grants in -aid to the Wildlife
Institute of India amounted to Rs 50 crores for the X Five Year Plan.

During the past year the Institute trained 20 officers in wildlife management under their 9 month
Diploma course, 23 officers under their 3-month Certificate course and 8 students are attending
the MSc Wildlife Biology course conducted biennially by the Institute. Short term specialized
course modules are also being conducted by the Institute in subjects related to wildlife
conservation. The subjects covered by the Institute relate to training in eco-development for
biodiversity conservation, wildlife protection law and forensic sciences, environmental impact
assessment, wetland conservation and legal issues in wildlife management. Between 2001 and
2003 a total of 91 participants attended the courses. The Institute also provides training inputs to
Indian Forest Service officers undergoing different training modules at the Indira Gandhi
National Forest Academy, Dehradun. Despite the fact that there are wildlife wings in the States
and there are almost 600 PAs in the country, the majority of the PAs are manned by personnel
not trained at the WII. Its training facilities are being greatly under utilized, as a result of which
the unused training slots are being offered to SAARC countries and others. It is also pertinent to
note that even the miniscule number of persons trained at the WII are not, after training, posted
in the PAs of the State nor, indeed, into the wildlife wing, all of which defeats the very purpose
for which the WII was created. The WII has recently initiated forensic studies and proposed
parameters and guidelines.

Olive Ridley Turtle Conservation Project

A significant proportion of the world‟s Olive Ridley turtle population nests at nesting sites along
the eastern coast of India. The endangered species of sea turtles is also a focus of attention of the

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international community who looks up to India to provide safety to the nesting sites and to the
turtle populations that seasonally arrive there for the propagation of their species. The Sea Turtle
Conservation Project initiated by the Ministry of Environment and Forests, in collaboration with
UNDP in November 1999, with a total allocation of Rs 1.29 crores, has been completed and the
report published by the Wildlife Institute of India. The Project has identified and made an
inventory map of the breeding sites of sea turtles, developed guidelines to safeguard the species
and minimize turtle mortality caused by human activities. It has also prepared tourism guidelines
for ecotourism in sea turtle areas and has developed national and international cooperative and
collaborative plans of action for Sea Turtle Conservation. A significant achievement of the
project has been the use of satellite telemetry to trace the migratory route of Olive Ridley turtles
in the seas, and the sensitization of fishermen and the State Government of Orissa to the use of
the turtle excluder device (TED) by the fishing trawlers, to check turtle mortality in fishing nets.

CASE STUDIES WITH RESPECT TO WILD LIFE CONSERVATION

Shahtoosh Case14

The Shahtoosh wool is derived from the soft undercoat of the Tibetan Antelope (also known as
Chiru), which has to be killed before its fleece is removed. Three to four Chiru have to be killed
to weave only one shawl. Each shawl can cost several thousand dollars in the international
market. In 1977, the Government of India declared the Chiru as protected under Schedule I of
the Wildlife (Protection) Act of India, 1972. Killing of Chiru is also in contravention to the
Convention on International Trade in Endangered Species (CITES), of which India is also a
signatory as mentioned earlier.

A PIL or Public Interest Litigation was filed in the J&K High Court seeking implementation of
the provisions of their Wildlife (Protection) Act as well as CITES which prohibits the import of
Shahtoosh into India. On May 1, 2000, the Honorable High Court issued a judgment forcing the
government to enact and enforce its wildlife law. Finally in 2002 the manufacture of Shahtoosh
shawls has finally been banned in the state of Jammu and Kashmir.

Project Tiger

The 1999 report confirmed strong evidence that, the Indian tiger population is being heavily
poached by organized wildlife crime networks. Because India still boasts of the world's largest
tiger population, poaching poses a serious threat to the species' survival in the wild. Increased

14
Ashok Kumar Vs. State of J and K and Ors, [1980] 4 SCC 95

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anti-poaching efforts are essential. From a population of over 100,000 in the 19th century, the
Earth's wild tiger population has plummeted to an estimated 5,000 to 7,000 individuals. Tigers
range from India and Russia to China and Southeast Asia, but with several sub-species thought
to be already extinct, the species' long-term survival is now at stake.

Project Tiger, was launched in 1972 to save the Tiger from the brink of extinction. The tiger is at
the apex of the ecological pyramid. Thus the well being of the tiger is synonymous with the
health of the ecosystem. At present, there are 27 tiger reserves in the country covering an area of
35,000 sq.kms. This project has helped to increase the number of tigers from 2,000 in 1973 to
3,800 today. This achievement has been possible due to the enforcement of strict anti- poaching
measures and scientific conservation practices. Tiger hunting is now illegal everywhere and
international trade in tigers and tiger products is completely banned under CITES. Nevertheless,
habitat destruction continues at a rapid pace, live tigers enter the illegal exotic pet trade, tiger
skins are bought and sold and tiger parts are sought for presumed health benefits.

Project Elephant

The Government has launched this project in 1991-92 with the objective of saving the Asiatic
elephant. The project covers major elephant populations extending over 12 states and inhabiting
an area over 60,000 sq. kms. The project is being implemented with the collaboration of the
State governments with the aim to provide corridors of protected areas for free movement of
elephant herds. This measure would help in the preservation of the gene pool and also minimise
the man-elephant conflict.

Besides this in-situ conservation measures, India has a comprehensive ex-situ conservation
programme. There are 33 Botanical Gardens, 275 zoos, deer parks, safari parks, acquaria etc. A
Central Zoo Authority was set up to secure better management of zoos. The zoos help in creating
awareness among the people and also serve as captive breeding centres to replenish the wild
stock. Germ plasm banks have been set up, which help in the preservation of the genetic
diversity of the Flora and Fauna of India. These repositories conserve about 260 strains of
marine cyanobacteria, 650 blue green algae, 10,000 industrial micro-organisms and 800 in-vitro
conserved crop accessions. A strong institutional infrastructure to cater to the needs of India's
conservation programme has been set up. A number of premier bodies like Zoological Survey of
India, Botanical Survey of India and institutes like Wild Life Institute of India, Indian Council
for Forestry Research and Education, Indira Gandhi National Forest Academy, Salim Ali School
of Ornithology are engaged in wild life education and research.

Conclusion

In the above project, I have substantially discusseds all the laws, acts, plans and strategy taken

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and adopted by the Indian government for the protection of wildlife. Also, I have also discussed
how and why in the present scenario, by the virtue of illegal trade and practices such as hunting,
poaching and also because of increasing pollution and changing environment has lead to
degradation of our wildlife. Protection of Wildlife alone is not possible only by laws and
Government. Despite all of these laws and efforts, destruction of wildlife, illegal trade and
poaching continues. Active cooperation from the common public is also very necessary. It is
now high time for us to understand the gravity of the situation and act on its behalf. And this can
only be achieved by our awareness and by further stringent laws by the Government. We must
not lose the national treasures in our rat race of urbanization and modernization. Thus, it is
strongly recommended that not the laws alone but their proper execution can only help us
achieve our aim of protection and conservation of wildlife in India. Further, the government in
this task should be open and strongly supported by the citizens of India, in realizing the need and
importance of doing the same, further creating awareness and taking necessary and strict steps at
all levels to curb and condemn illegal trade and mal practices which led to harm to wild animals
and their habitat.

BIBLIOGRAPHY

1. Jaswal P.S., Environmental Law, Allahabad Law Agency, Faridabad, 2008.

2. Chatterjee Benimadhab, Environmental Laws: Implementation Problems and

Prespectives, Deep & Deep Publications, New Delhi, 2007.

3. Khitoliya R. K., Evironment Protection and the Law, APH Publishing Corporation,
New Delhi, 2005.

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