Open Access Research Article
AN APPRISAL ON WILDLIFE CONSERVATION IN INDIA
Published Paper
Article Details
AN APPRISAL ON WILDLIFE CONSERVATION
IN INDIA
AUTHORED BY - SUBHASHREE MUKHERJEE
Abstract:
To protect
the Environment as a whole not only protection of air, water, soil,
climate conservation of forest and
wildlife is equally important. As per
the history of India from ancient to till date wildlife has a great importance
in India. From the British period conservation of wildlife has started and
1st Law regarding wildlife protection
passed by British India government after independence parliament of India also
enacted so many laws relating to protection of all the elements of environment
ecosystem and biodiversity. Not only laws various projects are also launched by
government of India for endangered animals like project sssssssstiger, project
elephant. For industrialization and economic development of the country deforestation was done and for that reason
animals facing loss of habitats. For
conservation of wildlife habitats must be conserved. There is only way to
maintain the environment and development principles of sustainable development
should be applied. Government should take strong actions for implementation of
laws.
Introduction:
According to Cambridge dictionary
wildlife refers animals and plants that gives independently of people, usually
natural conditions. Wildlife also includes undomesticated animals, species who
grow up naturally. Existence of wildlife is most significant element to
maintain the balance of ecosystem and equally important for survival of human
kind. According to IUNC Red list 2019 26, 5000 animal, plants and other
organisms are leveled as threatened in India. Due to high pollution rate,
increasing population growth and climate change some of habitats of wild life
is already destroyed and rest of habitats are in danger. Because of lack of
habitats huge number of wild animal species have become endangered, not only
animal species but plant species are also threaten. To establish the
technological projects deforestation was done due to making of dams over river
for irrigation which is necessary for
agriculture and making hydroelectricity by using hydropower. Constitution of
India under part –IVA of constitution
provides some fundamental duties in article 51A. According to Article 51A (g) “it shall be the
duty of every citizen of India to protect and improve the natural- environment
including forest, lakes, rivers and wildlife and to have compassion for living
creature.”[1]all
kinds of uncultivated flora and fauna comes under the preview of wildlife.
Every creature has a natural right to survive and get protection from
extinction. In India from the ancient period environment and animals were
treated with kindness and respects. Not only that some of the animals has
religious importance in Santana dharma from Vedic period to till date. At
present parliament of India has enacted laws to protect the various elements of
environment including wild life.
HISTORY OF CONSERVATION OF WILDLIFE IN INDIA:
History of not only indicates
battles, monuments, sculptures, scriptures history has other side like wild
life portrayer who painted animals from different parts of different
geographical areas of India. Paintings discovered by ASI these pictures have
their own historical significance.[2] Significant Concept like Conservation
of wildlife comes from ancient period in India. In Vedic period some Specific
animals have connected with specific God
and Goddesses these specific animals
like lion , tiger, elephant, cow they were protected from human as they are
considered as symbol of God or Goddesses[3].
Not only animals some plants are also protected under Santana dharma for religious
practice. In India from the ancient period there is a practice of conservation
nature and wildlife.
During the Maurya dynasty in India
Chandra Gupta Maurya as great king had adopted the principle of conservation,
his minister kautillya decided all rules regulations regarding wildlife
conservation procedures were written by
him. Serious punishment for the persons those found guilty of animal cruelty
also written by kautilya After that Samrat Asoka influenced by Budhisim had
made laws regarding prohibition of hunting of wild animals. Burning of farm
chaff after harvest was banned by king Asoka for protection of environment and
laws regarding prohibition of animal cruelty also enforce by the king to
protect animals.[4]
In Mughal dynasty Badshah Akbar bred
tiger leopard and other animals for hunting purpose they have created reserves
was known as sikargaha for the protection of wild animals. Akbar’s son Jahangir
was known as nature lover. Jahangir had enforced laws prohibition of hunting of
wild animals. Jahangir had made free so many animals from sikargaha. He had
made strong rules to stop hunting. IN
his regime slaughter of wild or domestic animal in Thursday and at time of
Jains festivals was restricted[5].
British rulers after defeating the
Bangal rulers in battle of Palasy in 1775. British had declared reward for
tiger killing. British officially had announced £4800 to Maharaja jodhpour for
killing 1,579 tiger. At the British period there was a concept that less number
of tiger means more cultivation. Bangal famine 1770 caused due to negligent
behavior of British. But they show the reason that due to fear of tigher the
Indian farmers were unble to cultivate. less number of tigher means more
cultivation and more revenue this concept was established by t British ruler. [6] in
British period at maharao of kotah in Rajasthan declared 25 rupees to to anyone
who will kill the lion more rupees for killing tigers were also declared. Not
only in Rajasthan but also in Madras presidency same award was announced by
collector.[7].
First law for the protection of wild birds. Wild Birds Protection
Act, 1887 by the British India Government. This legislation was for prohibition
of sale and hunting of birds of specific species. During breeding season of
birds. East India Company had introduced reward for killing tigers
and panthers. India had versatile wildlife all the rulers of India captivated
for hunting in the various forests of India for their wildlife. Conservation of
wildlife is the only way to save wildlife and ecosystem and the whole
environment of the concern region. Conservation of wildlife in India started
for the first time in the year of 1904 when Mary Curzon wife of lord Curzon who
was the viceroy of India. Lady Curzon
was willing to visit kaziranga forest, which was famous for one horned Rhino.
However, during her visiting hours she did not find any one horned Rhino. This
situation has created a thought in her mind there is need of conservation of
this species of Rhino. She has pushed her opinion before Lord Curzon the
viceroy of that time to take steps for conservation of rhino population. After
taking initiative by viceroy Kaziranga National Park was established in 1n the
year of 1905 it is the excessive protection provided for wildlife.[8] To
protect the wild birds and Animals.
Another legislation was enacted by British India Government which is
known as Wild birds and Animal protection Act, 1912. Asiatic Lions in Gir very
fewer populations were remain due to poaching and hunting by nawab junagharth.
As per the instruction of British Government Nawab of junagharth has taken
steps to stop the hunting of not only lions but also all the types of wildlife
are prohibited. In the year of 1905 only 60-70 Lions are left after this
banning of hunting in the year of 1936 according to first census report
conducted by nawab the report that 287 lions are in Gir landscape.[9]
Wild birds and Animals Protection Act was Amended Act 1935 was passed by
British India Government. In 1935 Hailey National Park was establish major part
of Kumon hills and some parts of Garhwal hills was taken for national park. It
was established in India in the year of 1936. It was renamed for the 1st time
In 1950s as Ramganga.[10] Edward James Corbett was a Indian born
British hunter and naturalist and a author who initially who hunted lots of man
eater tiger and leopards he never killed a tiger without confirmation that this
one is man eater.[11]For
contribution of Corbett for the wild life conservation in the year of 1956
Ramganga was renamed again as Corbett National park. He had shared his
experience through this book Man Eaters of Kumon and jungle Lore where he
explained his hunting experience, about his enjoyment and he also had done
criticism about commercial success in
exchange of destruction of eco system. His book had played a role for
spreading awareness among people about the significance of wildlife in
ecosystem of environment. For his nature
loving contribution Romagna national park known as Corbett national park from
the year of 1956.
Significance of Wildlife In India:
India is a economically weak country.
Still since the year of Independence to till date Our government had invested
huge money for the protection of wildlife. In India, wildlife of the country is
considered as wealth of the country. Wildlife is too significant for biological
Diversity of India. Wildlife has massive importance to all in economic
development. Wildlife and forests are the most valuable thing of our country.
To preserve the wildlife and forest indicates actual preservation of biological
diversity of India. There is difference between conservation and preservation.
“If there is direct involvement of mankind to save and maintain balance between
wildlife and ecosystem is known as Conservation. Preservation is a process
where mankind should leave wildlife alone for their natural growth and nature
system of life. Conservation permits proper use of nature and wildlife.”[12]But
in case of preservation there is no chance of permission to use of nature and
wildlife. Conservation permits proper use. Preservation indicates non-use of wildlife and nature.
conservation of wildlife is essential for economic growth of the country.
Sometimes preservation is necessary to protect wildlife from extinction. To
conserve the wildlife is not only for economic reason there is another like
Biophilia and ecopsychology[13].
There is a connection between nature and Humankind. Flora fauna of is also
important for medical treatment of human body.
LAWS, PROJECTS AND ORGANIZATION Related to
wildlife in INDIA:
part III of the constitution of India deals with fundamental
rights Article 21 provides right to life and personal liberty. Through judicial
interpretation of right to life M. C.
Mehta vs. Union India[14]
it was held that right to life under article also indicates right to live a
dignified life in a pollution free environment free from disease and infection
which causes due to pollution. In Vellore Citizens Welfare forum vs. Union of
India[15]
It was held that right to clean environment is the most basic right but
development cannot be stopped so there is need to maintain balance between
environment and development. Sustainable
development also comes under the purview of right to life under Article 21.[16]Part
IV of the constitution provides Directive principles of state policy
among all the directives there is a article 48A which provides that “ the state
shall endeavor to protect and improve the environment and to safeguard the forests and wildlife of the
country. There are Fundamental duties
under 51A of constitution of India, It is one of duties of citizens of India
under Article51A(g) to protect and improve the natural environment including
forests, lakes, rivers and wildlife and compassion living creatures. Article
253 empowers the parliament to implementation of international agreement,
treaties and conventions in national laws through enactments. Following laws
are related to wildlife protection:
Central board for wildlife was
established in the year of 1952, after that wildlife protection Act was passed
by parliament of India in 1972. Under this Act central board of wildlife
renamed as National board for wildlife.
WILDLIFE PROTECTION ACT, 1972: Main objects of wild life protect ACT, 1972 are as follows:
i)
To protect the wild animals birds and plants.
ii)
To make sanctuaries and National parks for the
preservation and protection of animals and birds.
i)
To stop poaching of already endangered species of animal.
iii)
Saving wildlife creates a proper ecosystem.
WILDLIFE PROTECTION (AMENDMENT ACT), 1986: Sub
section (1) of section 44, chapter –VA was amended.
ENVIRONMENT PROTECTION ACT, 1986: The objects of this Act are as
follows:
i)
To implement the Stockholm conference (United nations Conference on the
Human Environment) in which India had participated Environment protect Act was
passed to implement UNCED.
ii)
Though there were existing laws related various
components of environment like air, water, fores but there is need of general
legislation to give complete protection to environment.
iii)
To regulate the environment protection procedure there
is a need of legislation like Environment protection Act.
INDIAN FOREST CONSERVATION ACT, 1980: Main
objects of this Act are as follows:
i)
To stop deforestation
ii)
Maintain ecological balance of the environment.
iii)
To protect habitats of wildlife.
iv)
To protect the environment from pollution.
The BIOLOGICAL DIVERSITY ACT, 2002: this Act
also has some major objects, objects are as follws:
i) Main object
of this Act is to conserve the biological diversity in India.
ii) To maintain
the sustainable use of natural resources.
iii) To protect
the wildlife.
iv) To protect
wildlife habitats.
v) To protect
genetic diversity.
NATIONAL WILDLIFE ACTION PLAN 1983: first
national wildlife action plan has been adopted after 15th meeting of Indian
board for wildlife which was held on 1982.
STRATEGY OF
ACTION PLAN, 1983:
i) To build up
the protected areas for wildlife.
ii) To
establish constructive supervision of protected area.
iii) Conservation
of wildlife
iv) Preservation of endangered species of wild animals and
plants.
v) Re institution
of habitats of endangered animals.
vi) To stop
poaching, monitoring and research about wildlife animals.
vii) Spread
awareness among people about importance of wildlife in ecosystem of
environment.
NATIONAL WILDLIFE ACTION PLAN 2017-2031: This plan
has been made to speard the awareness
among people that without their support it was almost impossible to protect
wildlife and ecosystem. The main focus of NWAP 2017-31 are on climate change, rehabilitation of
endangered species, health issues of wildlife, monitoring of, costal and marine ecosystem, reduction
of problems between human and wildlife.[17]
National organizations to protect
wildlife some of them are as follows: this Governmental organizations were
working to produce report about present condition of wildlife and about their
habitats. Some of the government organizations are as follows:
i)
Zoological Survey of India.
ii)
National Tiger conservation Authority.
iii)
Wildlife institute of India etc.
Some of the NGOs to the related
wildlife conservation research are as follows: following Ngos are working for
the protection of wildlife and ecosystem
a) Wildlife
Conservation Society- Bangaluru,
b) Wildlife
Trust of India, new Delhi,
c) Nature
Conservation Society, Mysore etc.
PROJECT RHINO: There are three species in a Asia
javan rhino, Sumatran Rhino, Greater one-horned Rhino which are konown as
Indian rhino. According to the report of zoological survey of India 2006 there
wrere 2,577 one horned rhino. But after strict preservation population
increased and aprox 4014 polulation as per zoological survey of India 2022.[18]Rhino project in
had started from 2005 to protect and conserve Indian Rhinos. Indian Rhino vison
is population modeling project. through this project there are 3000 rhino
pollution after increasement of rhino population in the protected areas of
Aasam manas national park.3000 rhinos. which are distributed among 7 protected
areas of the country by the year of 2020.
TIGER PROJECT: Through
tiger protect which was launched in 1973 to protect royal Bengal tiger. Huge
area of Turkey to Russian cost from north to Siberia and from south of
Indonesian island once upon a time these areas are known as habitats of tigers.
There were 9 tiger species in world but among them 3 species are already extinct
Caspian tiger, The Balinese tiger, The Javan tiger. Other 6 species are
Siberian tiger, Sumatran tiger, Indo- Chinese tiger, Malayan tiger, Southchina
tigers, Bengal tigers of India. all of these 6 species of tiger species are
endangered due to pollution and growing population. But south china tigers and
Malayan tigers are critically endangered. Bengal tigers are distributed among
India, Bangladesh, Nepal, Bhutan, china and Myanmar. In India project was
started in 1973.In India tiger protect was started to conserve royal Bengal
tigers. Tiger reserve policy helps a lot to preserve tigers in India. Due to
poaching royal Bengal tigers are endangered in India. But after long time implementation of tiger project since 1973
to till date it is going on. According to Tiger census released on April,
2023 tiger population is all over 3,167 tigers are there in India[19].
aproximately75% of tiger population of the world belongs to India.
PROJECT ELEPHENT: Another big project to save wild animal is
project elephant. Elephant are also in danger due to loss of
habitats. Due to deforestation and growing industrialization
elephants are losing their habitats. There are three species of elephants are
there in the world. African savanna elephant, African forest elephants, Asian
elephants. In India project elephant was started by government of India in the
year of 1992. 32 elephants were reserved for the 1st time reserved
in Jharkhand. As per Elephant census report of 2017 aprox 29, 9 64 elephants
are there in India which indicates 60% of the Asian elephant population of the
world belongs to India[20].Asian
male elephants have tusk. Elephant tusk
has a huge value due to this male
elephants are killed by poachers. killing elephants and keeping any ivory item
is a punishable crime under wildlife protection Act 1972.minimum three years
imprisonment with fine of R.s 50,000.
Trading of ivory is illegal in so many countries including India. In USA
and in UK Ivory trading is illegal. International programme organized by
parties resolution of CITES, MIKE
organized by COP in the year of
2003 with the aim to monitering elephant population illegal killing of elements[21].
RIGHTS OF ANIMALS UNDER INDIAN LAW:
To protect the rights of animals in India the the following laws are
there to protect animals,
Indian
penal code: Indian penal code 1860 section 428 and 429 provide protection to
animals, section 428 of IPC provides punishment for killing,
poisoning, maiming, or rendering useless any animal or animals of the value of
ten rupees or upwards are simple or rigorous imprisonment for up to two years,
or with a fine, or with both.
Section 429
of IPC provides punishment for killing, poisoning, maiming, or rendering
useless any animal or animals of the value of fifty rupees or upwards (which
automatically includes all cattle/beasts of burden) are simple or rigorous
imprisonment for up to five years, or with a fine, or with both[22].
Section 39
of Wildlife Protection Act, 1972 prohibit to cause injury to Animals. As per section 39 of wildlife protection Act
term Animal includes amphibians, birds, reptiles and mammals and their young.
In the case of bird and reptiles, even their eggs are included in this category
only except vermin listed by each state.
If any
person causes injury to animal. The penalty for the person guilty
of an offence under this Act is imprisonment for a term of three years, or with
fine of twenty-five thousand rupees, or with both. In a second offence, the
term of imprisonment will be seven years with fine of ten thousand rupees[23].
Section 11
of Prevention cruelty to Animal Act,1960 includes different kinds to cruelty
which may causes to animals these are as follows:
i) Cruelty
against person’s own pet.
ii) Inhumane
transportation of animals.
iii) Inhumane
living condition of animal is amounts to cruelty even for animals which are
pre-determined for slaughter.
iv) Ear docking
v) Tail
docking.
vi) Release
animal from captivity for the purpose of shooting,
If anyone
committed above mentioned offences then the offender will have to pay fine
which shall extend to fifty rupees. If it is the case of second offence, he
will be fined with not less than twenty-five rupees but which may extend to one
hundred rupees or with the imprisonment for up to three months or with
both. As per amendment bill 2022
offender shall be punishable, in case of 1st offence fine which may extent to
fifty rupees and for sub sequent offence fine may extend up 200 rupees or imprisonment for a term not
less than three months or with both.[24].
ROLE OF JUDICIARY IN CASE PROTECTION OF ANIMALS: In Indian
constitution we are having fundamental rights under part-III of constitution
article 21 providies right to life including right to clean environment and
pollution free ecosystem. part-iv of constitution deals with directive
principle of state policy from article 36-51.
Artcle48 and 48 states about responsibility of state to protect animals,
and establish animal husbandaryin modern way by using scientific methods of
animal breeding, providing medical treatment if necessary to any animal.
Article 51A
(g) provides that it is the fundamental duty of every citizen of India to
protect natural environment including wildlife, forest, river, lakes etc.
Animal
Welfare Board v.A Nagaraja and Ors[25]
In Tamil Nadu there are a historic sport
like culture oganised which is known as
jallikattu.in this game of jallikattu bulls are poked by sharp sticks and tails
of bulls are twisted to the level that
it may leads to facture.after these arrangement bulls are released in the
crowed of people who are jumping upon
the bulls .sometimes red chilli rubbed to the eyes of bulls by people for
aggression and bulls are forced to drink alcohol. All this causes death of bulls people
stabbing bulls by knife to stop them not only this to stop them some people are
jumping over them dragging them on the ground which leads to broken their
bones. Animal Welfare Board filed a case before supreme court with a demand to
impose ban on this practice like jallikattu. Ministry of Environment and forest
has imposed ban on jallikattu and supreme court also upheld the enforcement of
ban of jallikattu.SC observed that term life includes all forms of life not
only animals also have right to life and security.
Sachinan
Pandey v. Satate of west Bangal, proposal for
establishment taj bengal 5 star hotel in the area possed by zoo authority in
which area cultivation of grasses was done for elephants and there was a old
animal husbandary. But main issue of this case is that if taj Bengal
established with its 7 floor building than it will affect the coming of
seasonal birds in Alipore Zoo. Schidanand pandey raised the issue of protection
of environment with development. Court observed that ecology is most import
part of life and according directive
provided Article 48A it is the responsibility of state to protect and improve
environment including forests wildlife,
rivers and lake. Court held that taj bengal can be made with five floors not
with seven. Development and environment both should be done by applying the
principles of sustainable development.
Abdul Hakim
Qureshi v. state of Bihar[26]
petitioner filed case before supreme
court questioning the constitutional validity
of ban on cow slaughter in Bihar on ground of article 25-28 provides right to religion.
Court held that neither in Quran nor in Hadis or any other religious book
cow slaughter is mandatory for bakr-eid instead of cow camel and goats can be
sacrified in bakr-eid. Ban on cow slaughter
is neither unconstitutional nor infringement of any fundamental right. [27].
Chief
Conservator Wildlife v. Nisar Khan [28].Appellant
was a deal of munia birds which are found in the state of Uttar Pradesh. State
government had granted license of business to him uptp the year of 1990. After
expiration of license he applied for renewal of licenses for next year. but his
application for renewal of license was rejected on ground that that it would not
be possible for him business of breeding of captive birds without hunting which
includes trapping of birds. The respondent filed writ petition bfore supreme
court against order of high court.
According to the respondent his fundament right right to carry on
business under article 19. Sc held that licenseing authority has not done any
wrong full act by denyal of renewal of license because business of breeding of
captive birds through t rapping them is prohibited under section 9 and section
2(16) wildlife protection Act, 1972. SC also held that ground of violation of fundamental right is
refused on ground that there are some reasonable restrictions under article 19
, if the business is threat to public health and peace and if any business in
illegal in the eyes of any existing law
than that person must be prohibited
to carry on this type of business[29]
.
CONCLUSION:
Due to
global warming and climate change the whole world is facing the same problem like India
extinction of some species of animals
and some of the species are in endangered
position.main reason for this condition
is loss of habitats of animal
through deforestation which is caused in country like India for
development and industrialization. For economic development industrialization
is necessary but ecological imbalance can destroy not only country or
subcontinent but it can destroy the total environment of earth. Whole world
will destroy. If ecological imbalances raised no industry can solve the
problem. Financial development is an integral part of a counrty but environment
is essential part of human existence without human existance there shall be no
country side by side without financial development no country can run its development. So both are
important for the survival of a country.
India to save the wildlife and ecology there is need of stronger laws
and need of proper implementation of laws. Government should take more strong
steps for implementation of wildlife protection laws and laws against poaching
of animals. Through implementation of principles of sustainable development
both development and to save environment both can run parallelly.
[2] https://core.ac.uk/download/pdf/144879266.pdf. ( Retrieved on 25.11.2023 at8.55p.m.)
[3] https://core.ac.uk/download/pdf/144879266.pdf (
retrieved on 22.11.2023 at 8.15 p.m.)
[4]
helastwilderness.org/wp-content/uploads/2016/08/History-of-Conservation-in-India
(retrieved on 24. 11. 23 at 8.05 p.m.)
[5]
https://enrouteindianhistory.com/wildlife-under-mughals / (retrieved on
24.11.23 at 8.00 p.m.)
[6] https://core.ac.uk/download/pdf/144879266.pdf
(Retrieved on 27.11.8.00 p.m.)
[7] https://core.ac.uk/download/pdf/144879266.pdf
(Retrieved on 27.11.8.10 p.m.)
[8] (Tigersafariindia.com /blog/120 years
–of-wildlife-conservation-in-India/ ( retrieved on 28.11.2023 at11.00 a.m.)
[9] https://www.tigersafariindia.com/blog/120-years-of-wildlife-conservation-in-india/
(retrieved on 29.11.2023.11.55 a.m.)
[12] WILDLIFE CONSERVATION AND MANAGEMENT; REENA MATHUR;
Rastogi Publication;p-29-30
[13] WILDLIFE CONSERVATION AND MANAGEMENT; REENA MATHUR;
Rastogi Publication;p-31
[18]
https://www.google.com/search?q=current+population+of+one+horned+rhinoceros+in+india
(retrieved on 23 december 2023 at 7.50p.m.)
[19]
https://www.google.com/search?q=tiger+population+in+india+2023 (retrieved on 26
December 2023 at 7.30 p.m.)
[20] https://www.google.com/search?q=current+population+of+elephant++in+india
(retrieved on 28 December at 7.40 p.m.)
[22] INDIAN PENAL CODE 1860, section-429
[23] https://peepalfarm.org/animalrights?gad_source
(retrieved on 29 .12.2023. AT 8.P.m.)
[24] PREVENTION OF CRUELTY TO ANIMALS(AMENDMENT) BILL 2022
[27] https://ijalr.in/role-of-the-indian-judiciary-in-the-preservationsss-of-endangered-species-a-brief-analysis
( retrieved on 31 December 31, 2023 at 8.30 p.m.)
[29] https://blog.ipleaders.in/supreme-court-india-role-protecting-fauna-india/
( retrieved on 1.01,2024 at 8.30 p.m.)
Article Information
AN APPRISAL ON WILDLIFE CONSERVATION IN INDIA
Authors: SUBHASHREE MUKHERJEE
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/01/15
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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