WILDLIFE PROTECTION AND THE LAW: BALANCING HUMAN NEEDS AND ENVIRONMENTAL CONCERNS

ABSTRACT

India's biodiversity, including wildlife, is a valuable asset threatened by human activities driven by progress and selfish motives. The decline of wildlife harms the environment, emphasizing the need for protection. This paper explores India's wildlife protection history, legal aspects, and governing laws and regulations. It analyzes key judgments shaping wildlife protection laws and examines the current scenario, challenges, and areas for improvement. The paper aims to provide a comprehensive understanding of wildlife conservation in India, highlighting the need for effective protection and management of its precious wildlife assets to preserve the environment and ensure a sustainable future.

KEY WORD

Wildlife, Biodiversity, Environment Protection, Wildlife Protection Act.

INTRODUCTION

Wildlife protection is essential for maintaining the biodiversity that supports ecosystems and human life. Biodiversity ensures the resilience of ecosystems, which provide vital services such as pollination, water purification, and climate regulation. The decline of wildlife populations disrupts these services, leading to ecological imbalances that can have severe consequences for both the environment and human societies. Historically, various cultures have recognized the importance of wildlife, but formal conservation efforts began in the 19th and 20th centuries, particularly with the rise of industrialization and its impact on natural habitats.

INTERRELATION BETWEEN HUMAN AND WILDLIFE

Humans, wildlife, and the environment are connected and rely on each other for survival. However, human activities like population growth, deforestation, urbanization, industrialization, and pollution harm wildlife. To address this, the Indian Constitution’s 42nd Amendment added Article 48A, requiring the state to protect and improve the environment, forests, and wildlife. Additionally, new entries in the Constitution enable the central and state governments to make laws for animal welfare, forest conservation, wildlife protection, and disease prevention, recognizing the importance of balancing human needs with environmental and wildlife conservation.

LEGAL PROVISIONS RELATING TO PROTECTION OF WILDLIFE

Before the major wildlife protection acts were passed, there were earlier laws that protected wild animals in some way. These included:

• The Indian Penal Code (1860), which made harming or killing animals an offense
• The Cattle Trespass Act (1871) and the Elephants Preservation Act (1879), which were the first laws to specifically address wildlife protection
• The Forest Act (1927), which restricted hunting in protected areas

These early laws laid the groundwork for later, more comprehensive legislation like the Wild Life (Protection) Act (1972), Prevention of Cruelty to Animals Act (1960), and Biological Diversity Act (2002), The Constitution of India, 1950

The Constitution Of India, 1950

• The Indian Constitution, initially, didn’t have direct provisions for environmental and wildlife protection.
• ?However, with growing global awareness and concerns about environmental crises, including wildlife threats, the Indian Parliament made amendments to the Constitution.?
• The 42nd Amendment in 1976 added Article 48-A, making it a constitutional mandate to protect and improve the environment, including wildlife.?
• Although there isn’t a specific fundamental right to a clean environment, judicial activism has helped fill this gap.
• ?The Constitution now emphasizes environmental protection through Directive Principles of State Policy and Fundamental Duties, reflecting India’s commitment to a welfare state and a healthy environment.

Wild Life Protection Act 1972

• The Wildlife (Protection) Act, 1972, is a comprehensive law that regulates and protects India’s wildlife.?
• It covers aspects like protected areas, hunting, trade, and enforcement, and authorizes the appointment of officials to manage and protect wildlife.?
• The Act provides varying degrees of protection to listed species and empowers the Ministry of Environment and Forests to regulate and manage sanctuaries and national parks.
• ?However, despite this legislation, wildlife in India continues to decline due to poor implementation, corruption, and the impact of modern lifestyle and technology.?
• The Constitution of India reinforces the importance of environmental protection, but more effective efforts are needed to preserve India’s wildlife.

The Prevention of Cruelty to Animals Act (1960)?

• This is a law that aims to prevent animal cruelty, neglect, and abuse. It makes it a punishable offense to inflict unnecessary pain or suffering on animals, neglect or abandon them, perform unnecessary experiments, or transport them in a cruel manner. The act establishes animal welfare boards to ensure humane treatment of animals.

The Biological Diversity Act (2002)

• This? is a law that aims to conserve and protect India’s biological diversity. It regulates the use of biological resources, promotes sustainable use, and establishes the National Biodiversity Authority to oversee conservation efforts. The act balances economic development with environmental conservation and ensures sustainable use of biological resources.

CHALLENGES IN WILDLIFE PROTECTION

Despite these legal frameworks, wildlife protection faces significant challenges.?

• Poaching and illegal wildlife trade continue to thrive, driven by high demand for animal products like ivory, rhino horn, and exotic pets.?
• Habitat destruction due to deforestation, agriculture, and urban expansion is another major threat, leading to the loss of crucial ecosystems.?
• Economic development often conflicts with conservation efforts, as governments and corporations prioritize short-term economic gains over long-term environmental sustainability.?
• Enforcing wildlife protection laws is particularly challenging in remote areas, where limited resources, corruption, and lack of awareness hinder effective law enforcement.?
• Additionally, climate change is emerging as a new threat, altering habitats and making it harder for species to survive.

BALANCING HUMAN NEEDS AND WILDLIFE PROTECTION?

Balancing human needs and wildlife protection requires finding a middle ground between economic development and environmental conservation. As human activities like agriculture expand, they can encroach on wildlife habitats, leading to conflicts. Sustainable practices like agroforestry and community-based conservation offer solutions, allowing for economic growth while minimizing environmental impact and involving local communities in wildlife management. This approach meets both human and environmental needs, promoting coexistence and mutual benefit.

TECHNOLOGICAL AND SCIENTIFIC CONTRIBUTIONS

Advances in technology and science have significantly boosted wildlife protection efforts. Technologies like drones, GPS tracking, and camera traps enable remote monitoring of wildlife populations, while artificial intelligence (AI) analyzes data to identify patterns and predict threats. AI can detect poachers in real-time or model the impact of climate change on species distribution. Scientific research informs effective conservation policies by providing insights into species behavior, habitat requirements, and human impacts on ecosystems. Integrating these advancements enables conservationists to develop targeted and effective strategies to protect wildlife.

ROLE OF NGOS AND PUBLIC AWARENESS

NGOs like WWF and WCS play a vital role in wildlife conservation, conducting research, raising awareness, and implementing projects worldwide. They advocate for stronger laws and combat illegal wildlife trade. Public awareness is crucial, and education programs, media campaigns, and community outreach help people understand the importance of wildlife protection, encouraging them to take action and support conservation efforts through volunteering, eco-friendly choices, and more.

SOCIO-LEGAL EFFECTS

• Wild animals in human areas cause loss of life, property, and crops.
• Smuggling leads to killing of wild animals for economic gain.
• Killing wild animals disrupts the ecosystem and causes irreparable damage.
• Eliminating wildlife deprives humans of their right to a wholesome environment

RELEVANT CASE LAW

In the case of State of Bihar v Murad Ali Khan, Supreme Court cautioned?

Environmentalist’s conception of ecological balance in nature is based on the fundamental concept that nature is a series of complex biotic communities of which man is an interdependent part. The largest single factor of depletion of wealth of animal life has been the civilized man operating directly through excessive commercial hunting or indirectly through invading and destroying of natural habitat.

RECENT DEVELOPMENT

• Uttaranchal High Court directs Chief Wildlife Warden to follow procedure provided u/s 11 of Wildlife Protection Act, 1972 before directing to hunt/kill any wild animal.
• Wildlife Protection Act | Cancer Drug Camptothecin Not Forest Produce Bombay High Court Quashes Cases Against Pharma Company After 16 Yrs

FUTURE TRENDS

Wildlife conservation faces new challenges and opportunities, including emerging trends like rewilding and eco-friendly infrastructure. Global cooperation is crucial to address transboundary issues like migratory species and international wildlife trade. Climate change’s impact on wildlife and habitats must be addressed through stronger legal frameworks, innovative strategies, and a balance between human needs and environmental concerns.

CONCLUSION?

Wildlife protection requires balancing human needs with environmental conservation. Legal frameworks, enforcement, public awareness, and science are crucial. Global cooperation and sustainable development can help address challenges. The future of wildlife conservation depends on innovation and adaptation to changing conditions, ensuring wildlife and humans can coexist and thrive.

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WRITTEN BY: Koustav Ghosh