As Wild Birds Animals Protection Act 1912 has become completely outmoded, the Wildlife (Protection) Act 1972 which is an "Act to provide protection of wild animals and birds and plants and for matters connected therewith or ancillary or incidental thereto" has been passed on request from states under Art. 252 of the Constitution of India as the wildlife being a state subject. This Act has been amended in 1982, 1986, 1991, 1993 and 2003.
However, the forty-second Constitutional Amendment passed in 1976 transferred wildlife along with forest from the State List of the Constitution to the Concurrent List.
The Wildlife (Protection) Act, 1972 contains 66 sections in seven chapter and 6 schedules. It extends to the whole of India except the State of Jammu and Kashmir. It shall come into force in a State or Union Territory to which it extends on such date as the Central Government may, by notification, appoint, and different dates may be appointed for different provision of this Act or for different States of Union Territories.
Objects of the Wildlife (Protection) Act, 1972 :-
The objects and reason for the Wildlife (Protection) Act, 1972 are :
1) The rapid decline of India's wild animals and birds, one of the richest and most varied in the world, has been a cause of grave concern. Some wild animals and birds have already become extinct in this country and others are in the danger of being so. Areas which were once teeming with wildlife have been devoid of it and even in Sanctuaries and National Parks the protection afforded to wildlife needs to be improved. The existing laws are not only out-dated but provide punishment which are not commensurate with he offence and the financial benefits which accrue from poaching and trade in wild life produce. Further, such laws mainly relate to control of hunting and do not emphasis the other factors which are also primary reason for the decline of India's wildlife, namely, taxidermy and trade in wildlife and products derived therefrom. Hence, a comprehensive legislation, which would provide for the protection of wild animals and birds and for all matters connected therewith is in urgent need. The Act is intended to :-
i) Constitute a Wildlife Advisory Board for each State;
ii) Regulate hunting of wild animals and birds;
iii) Lay down the procedure for declaring areas as Sanctuaries, National Parks, etc.;
iv) Regulate possession acquisition or transfer of, or trade in, wild animals animal articles and trophies and texidermy thereof; and
v) Provide penalties for contravention of the Act.
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