Wildlife (Protection) Act, 1972

The Kerala government has urged the Centre to amend the Wildlife (Protection) Act, 1972. It seeks legal permission for controlled killing of wild animals that pose threats to human lives and farming activities due to rising human-wildlife conflicts in the state.

Human-Wildlife Conflict in Kerala

  • There has been a growing number of attacks by wild animals in Kerala between 2016 and 2025.
  • These incidents have resulted in loss of lives and crop damage, especially in rural and forest-adjacent areas.
  • The state wants more legal flexibility to respond quickly to such cases.

Challenges in the Wildlife (Protection) Act, 1972

  • Strict Protection for Schedule I Animals: Animals under Schedule I (like elephants, bonnet macaques) enjoy the highest level of protection, making intervention difficult even when they are dangerous.
  • Approval Before Action: Authorities must prove that capturing or relocating the animal is not possible before using lethal methods, which delays quick action.
  • Limited Power of Local Authorities: District collectors can declare public nuisance, but they lack the authority to act immediately, as courts often limit such actions.
  • Wildlife Officials Face Legal Barriers: Even forest officers or wildlife wardens are not allowed to act proactively, especially in Schedule I animal conflicts.

About the Wildlife (Protection) Act, 1972

  • This law provides a legal framework to protect wild animals, birds, and plants, and to conserve their habitats.
  • It regulates hunting, trade, and conservation practices to safeguard India’s biodiversity.

Schedules under WPA (Original Act)

  • Schedule I & II: Absolute protection for endangered species, with strict punishments.
  • Schedule III & IV: Protection for animals not facing extinction; penalties are less severe.
  • Schedule V: Lists animals like wild boars and monkeys that can be hunted under certain conditions.
  • Schedule VI: Focuses on conservation of specific plant species.

Legal Provisions

  • Section 9: Bans hunting of protected animals unless allowed under Section 11 or 12.
  • Section 11: Killing is permitted only if the animal threatens human life, is incurably ill, and cannot be captured.
  • Section 62: The Centre can declare animals (except Schedule I) as vermin in specific areas and timeframes.
  • Section 50: Allows seizure of tools used in illegal hunting, but does not grant emergency powers to local officers.

Wildlife (Protection) Amendment Act, 2022

  • The number of schedules was reduced from 6 to 4 for better clarity.
    • Schedule I: Highest protection.
    • Schedule II: Moderate protection.
    • Schedule III: Protected plant species.
    • Schedule IV: Animals under international trade regulation (CITES).

PRESENT SCHEDULES OF THE WILDLIFE (PROTECTION) ACT (WPA), 1972

As per the Wild Life (Protection) Amendment Act, 2022, the total number of schedules has been reduced from 6 to 4 to simplify classification and enforcement:

Schedule I

  • Includes species that require the highest level of protection.
  • Hunting, trade, or exploitation of these animals is strictly banned.
  • Offenses under this schedule carry the highest penalties, including imprisonment and heavy fines.
  • Example: Tigers, elephants, and other endangered species.

Schedule II

  • Covers species that are protected but not as critically endangered as those in Schedule I.
  • Offenses involving these animals invite lesser penalties compared to Schedule I.
  • Provides moderate legal safeguards to ensure conservation.

Schedule III

  • Focuses on plant species that need legal protection due to their ecological value or risk of overharvesting.
  • It ensures conservation of threatened flora across India.

Schedule IV

  • Contains species that are regulated under international conventions, particularly the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).
  • Ensures India complies with global wildlife trade rules to prevent exploitation through smuggling or illegal trade.

Change After 2022 Amendment:

  • The previous Schedule V (vermin) and Schedule VI (protected plants) were removed. Their provisions have been restructured under the new simplified framework.

Conclusion

Kerala’s plea to amend the Wildlife Act reflects the need to balance wildlife protection with human safety. The increasing conflicts demand faster decision-making powers and legal updates to protect both lives and biodiversity.

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