Introduction: The magnificent Flora and Fauna of India
Flora and fauna constitute environmental ecosystems. The term ‘flora’ refers to the plant life in a particular region whereas the corresponding term for animal life in a specific habitat is known as ‘fauna’.
Forests are the lungs of planet earth, protect soils, stabilize local climates and provide irreplaceable homes for the magnificent and diverse flora and fauna of the world. It is undoubtedly an intrinsic part of the flora of India. Likewise, wildlife is an important economic and recreational source that can be maintained through careful management techniques like preservation of national parks, sanctuaries, by maintaining biosphere reserves etc.
The practice of wildlife management is rooted in the intermingling of human ethics, cultural perceptions and legal concepts. Many species on the earth are becoming extinct due to human activities like hunting, poaching, pollution in water bodies, over-exploitation of resources, encroachment, human-induced disasters, inefficient implementation of policies etc. It has been observed that illegal trade in meat, feathers, horns, ivory and other animal parts has brought many species on the earth to the verge of extinction. The rapid decline of India’s forest and wildlife wealth has triggered great concern especially on the background of policies decided at the Stockholm Conference, 1972, India being among the participating nations. This article elucidates the national outlook for the protection of flora and fauna in light of existing legal and policy machinery.
Regulatory Mechanism vis-a-vis Flora and Fauna
The magnificent flora and fauna of India are primarily regulated and protected by the Indian Forest Act, the Forest Conservation Act and most importantly the Wildlife Protection Act.
The Indian Forest Act, 1927
The Indian Forest Act, 1927, consolidated the pre-existing forest laws. The Preamble of the Act declares that it emphasizes the regulation of transit of forest produce and the duty leviable on timber and other forest produce. The Act traces its origin from the old British colonial era when mankind was not cognizant of prospective environmental hazards.
Forests can be classified as ‘Public Forests’ over which the state has a proprietary interest and ‘Private Forest’ which are not the property of the Government Toto preserve and safeguard the forest lands in India, the Act bifurcates the public forest land into the following three categories: –
- Reserved Forests: The Act empowers the State Government to declare any forest land or wasteland, which is the property of the Government or over which the government has proprietary rights or to the whole or any part of the forest produce of which the government is entitled, as a ‘reserved forest’.[1]After such a declaration, the rights of previously recognised individuals and communities over that forest are extinguished and access to the forest or forest products become a matter of privilege, subject to the permission of the forest officials acting under the forest laws and regulations. Moreover, the Act also enumerates certain acts or activities which are prohibited in the reserved forest such as setting a fire, trespassing, pasturing cattle, causing damage by negligence, cutting timber, hunting, shooting etc. Such kind of activities shall attract punishment with imprisonment upto six months or with fine upto five hundred rupees or both.[2]
- Village Forests: The State Government may assign to any village or community, the rights of government over any land, which has been constituted as a reserved forest. All such forests so assigned shall be known as ‘village forest’. The State Government makes rules for providing timber and other forest products to the village community along with assigning duties to the village community for the protection and improvement of the forest.[3]
- Protected Forests: Those lands or wastelands which the government has not declared as Reserve Forest but in which the government has proprietary rights are the ‘Protected Forests’. The state government may prohibit certain activities in the protected forest, which may include grazing, pasturing, farming etc. It may also notify prohibition on certain specific trees and forest produce without obtaining a valid license from the state government.[4]
Although ‘Private Forests’ are not the property of the government, the Indian Forest Act, 1927, authorizes the State Government to regulate timber cutting, cultivation, grazing and burning or clearing of vegetation on private forest land. It also enables the state government to acquire private forest land for public purposes under the Land Acquisition Act, 1894. Furthermore, it ensures protection and compensation for legally recognized individuals or communities with the right to forest land or forest products. The Act is administered by the forest officials who are duly authorised to compel the attendance of witnesses and production of documents, to issue search warrants, to take evidence of an inquiry of forest offences and the power to arrest without warrant. The Act even incorporates provisions pertaining to penalties and procedures which includes confiscation of forest products, imprisonment and fine.
The Forest (Conservation) Act, 1980
In the backdrop of the lingering debate over the balancing demands of the national forests and concern over the rising rate of deforestation, a necessity had been felt of central legislation for the conservation of forests. Although, the Indian Forest Act, 1927 was into existence as well but only regulated the commercial exploitation of the forests.
With the 42nd Constitutional Amendment Act, 1976, the subject of ‘forests and wildlife’ was transferred from state list to concurrent list that empowered the central government to manage and regulate the forest sector of India without hampering the State authority to legislate over this subject. Eventually, this led to the enactment of the Forest (Conservation) Act, 1980. This act has been passed with a view to check the large-scale deforestation taking place in the country which has caused immeasurable ecological destruction and environmental deterioration. Those aspects which were already covered by the Indian Forest Act, 1927 have not been taken into consideration in this Act. It intends to serve a laudable purpose i.e. restricting the de-reservation of forests or use of forest area for non-forest purposes. The Act consists of only five sections and was primarily enacted to remove difficulties being encountered in the implementation of the Indian Forests Act, 2021.
The Wild Life (Protection) Act, 1972
The Wildlife Protection Act, 1972 was enacted in compliance with the UN Conference on Environment held at Stockholm, in which it was unanimously agreed that “man has a special responsibility to safeguard and wisely manage the heritage of wildlife and its habitat, which are now imperilled by a combination of adverse factors. Nature conservation, including wildlife, must therefore receive importance in planning for economic development.”
The Wildlife Protection Act was enacted to provide protection to wild animals, birds, plants and habitats. It is pertinent to mention here that this subject is included in the State list (Entry 20) of the Constitution and accordingly, the Parliament has no power to legislate any law in this regard applicable to States unless the legislature of two or more states pass a resolution empowering the Central Government to pass the necessary legislation on the common subject.[5] In pursuance to this provision, legislatures of various states in India passed such resolution and thus, the Act was enacted by the Central Government to provide a comprehensive framework for conservation and protection of wildlife in India and to secure ecological balance and environmental safeguard. This Act has been amended multiple times, the recent one being in 2006 to meet the changing demands and new challenges of the global community.
The Act consists of 8 chapters, 66 sections and 6 schedules (includes the list of wildlife species). The Act has adopted a two-way strategy of conservation. Firstly, specifying the endangered species, which are to be protected regardless of location and secondly the protection to be given to all the species in designated areas called ‘sanctuaries’ and ‘national parks’.
Salient Features of the Wildlife Protection Act, 1972
- The Act has considered the word ’wildlife’ in the broadest manner which includes any animals, aquatic and land vegetation that forms part of the habitat.
- Schedule I to IV explicitly list down the wild animals, Schedule V gives the list of vermin and Schedule VI incorporates various plants which come under the purview of this Act.
- It empowers the Central Government to appoint a Director of Wildlife Preservation who ensures effective implementation of the Act. Furthermore, it allows the State Government to appoint Chief Wildlife Warden, Wildlife Warden, Honorary Wildlife Warden and such other officers and employees as may be necessary.
- The National Board for Wildlife is constituted every three years by the Central Government focusing on promotion and conservation of wildlife and forest in the country.
- The hunting of wild animals is prohibited except when the permission of Chief Wildlife Warden (CWW) is granted for the certain purposes mentioned in Section 11 and 12 of the said Act.
- It further provides protection to specified plants of sanctuaries, national parks and protected areas by prohibiting picking, uprooting, damaging and destroying such specified species. These specified plants are either state or centre properties as the case may be.
- The cultivation, dealing in, or possession of specified plants without a valid license obtained from CWW is a punishable offence under this Act.
- The Act empowers the State Government to declare any area as ‘sanctuary’ or ‘national park’ and imposes certain restrictions on entry into a sanctuary. Additionally, there is a total prohibition on teasing or molesting any wild animal or littering the land of the sanctuary.
- The Act confers power upon the Central Government to constitute the Central Zoo Authority (CZA) to enforce minimum standards and norms for upkeep and healthcare of animals in Indian Zoos and restrain mushrooming of unplanned and ill-conceived zoos. Moreover, no zoo shall operate without the recognition of the Central Zoo Authority (CZA)
- The recent Amendment of 2006 in the Act provides for the establishment of the National Tiger Conservation Authority, which will be responsible for the implementation of Project Tiger launched in 1973 for the conservation of endangered tigers.
- The sale, purchase, capture or transportation of any wild animal, animal article, trophy or meat etc. is prohibited under this Act without a valid license from the designated authority.
- The Act provides provisions pertaining to the arrest, search, seizure, penalties and punishments in case an offence is committed under the Act. However, mens rea is a non-essential element for an offence committed under this Act.
Policy Framework for Protection of Flora and Fauna
- National Forest Policy 2016: Presently, the forests of India are regulated by the National Forest Policy, 1988 which stressed people’s involvement as one of the significant components of forest management in the development and protection of forests. It also stated that construction of dams, mining and industrial development and expansion of agriculture should be consistent with the needs for conservation of trees and forests. The draft of the National Forest Policy was released in 2018 which proposes the levy of a green tax but is yet to be enacted.
- National Environmental Policy (NEP) 2006: In light of constitutional provisions mandating a clean environment and persistent efforts of the judiciary in interpreting Article 21, NEP was framed to target the contemporaneous environmental challenges being faced by India. Its fundamental objectives include conservation of critical environment sources, efficient use of environmental resources, environmental governance, sustainable development etc.
- Project Tiger: It is an centrally sponsored scheme launched in 1973 for conserving the national animal of India by providing requisite assistance to the states having designated tiger reserves. To oversee the efficacious implementation of this project, a statutory body called the National Tiger Conservation Authority (NTCA) was established under the Wildlife Protection Act.
- Project Elephant: A centrally sponsored scheme, launched in February 1992 with the sole intent to protect elephants, their habitats and corridors. Through this project, the Ministry of Environment, Forest and Climate Change extends financial and technical assistance to the states having a considerable range of elephants.
- Crocodile Conservation Project: Launched in 1975, it is one of the most successful conservation programmes worldwide. It aimed to protect the remaining population of crocodilians in their natural habitat, to restore their population through captive breeding, to improve the management and active participation of local people in the project.
- Project Hangul: An alarming decline was observed in the population of Hangul (Kashmir Stag). Several initiatives were carried out by the Jammu and Kashmir Government to save the hangul from extinction. Thereafter, in 1970, the government with the assistance of IUCN and the World Wildlife Fund prepared a project for the conservation and protection of hangul and their habitat namely ‘Project Hangul’.
- Project Snow Leopard: As per the data of the Ministry of Environment, Forest and Climate change, the snow leopard is a part of the critically endangered species list. A necessity to conserve and safeguard this unique species was felt and hence, in 2009, Project Snow Leopard was launched to promote the protection of snow leopards and their habitats by participatory policies and actions.
Conclusion
In conclusion, it can be said that India has a robust legal framework for the protection of flora and fauna but has an ineffective implementation of the existing provisions. The frightening rate of extinction of plants and animal species is gruesome and calls for an immediate efficacious management system to conserve and safeguard these species and to restore the magnanimous heritage of India. Moreover, there is room for amendment in the prevailing laws with the changing demands of the environment as well as the global community. India is actively participating in international conventions and other initiatives pertaining to environment protection which is worthless unless certain laws or policies are introduced in India in accordance with those conventions with a better approach of implementation at grass levels and with stringent provisions of punishment. There is still hope that the earth can relive with lush green and beautiful flora and fauna; what is required is just a little effort to protect flora and to save fauna.
[1] The Indian Forest Act, 1927, s 3, No. 16, Acts of Parliament, 1927 (India).
[2] The Indian Forest Act, 1927, s 26, No. 16, Acts of Parliament, 1927 (India).
[3] The Indian Forest Act, 1927, s 28, No. 16, Acts of Parliament, 1927 (India).
[4] The Indian Forest Act, 1927, s 30, No. 16, Acts of Parliament, 1927 (India).
[5] INDIA CONST. art. 252.
YLCC would like to thank Neha Gurunani for her valuable inputs in this article.
