Critical Analysis of Enforcement of Wildlife Protection Act, 1972 and Its Impact on Protection of Wildlife with Special Reference to the State of Gujarat

Abstract

Wildlife Protection and Protection of Forest are corelated and interrelated. The 21st Century has seen that sensitivity to the environmental ethics which were there in earlier days in India has now lost its sanctity. Strong governance and effective community implementation are essential for protecting wildlife in India. The invasion of forests through development and human encroachment has impacted wildlife substantially; in this view, in 1972, the need was felt for a legislative framework for wildlife protection and thus, the Wildlife Protection Act, 1972 was enacted. Apart from the specific law on Wildlife i.e. Wildlife Protection Act, 1972, the India Legislative framework on forests / environment consists of Indian Forest Act, 1927, Environment Protection Act, 1986, the Biodiversity Act, 2002 and also the constitutional principles embodied in Part IV being Article 48-A and Article 51. Besides, India is also a signatory to many international conventions. The current policy framework, e.g. Project Tiger, 1973, Project Rhino in 2005 also shows India’s commitment to protecting wildlife. The Apex Court has also made a remarkable contribution to the Protection of Wildlife in India through its Judgments\ which have effectively now shaped the modern-day legal framework. Though there is a specific legal framework along-with with Constitution commitment for the protection of Wildlife still the need is felt for an effective mechanism top serve goal of protection of Wildlife. The present research sought to evaluate the available legal and policy framework for wildlife protection, specifically the pronouncements of the Supreme Court of India and the High Court of Gujarat. India has a variety of flora and fauna. It is the only place in the world with the majestic Asiatic Lion (Panthera Leo) distinct from its African sub-species (Panthera Leo Persica) and many other valuable species like Great Indian Bustard, Wild Ass etc in sanctuaries spread across the State. This research follows essentially doctrinal methods and to a limited extent, empirical methods. The data is qualitative in nature, based on legislative and policy framework and evaluation of judgments of the Supreme Court of India and the High Court of Gujarat. A small observational study was also made by visiting the forests in the State of Gujarat viz Gir Sanctuary and National Park and Velavadar Blackbuck Sanctuary and National Park, unstructured interview was also conducted to understand the implementation of Wildlife protection and measures in the State of Gujarat. The conclusion has been drawn based on the resources meeting above. Recommendations have been made to strengthen the implementation of the Wildlife Protection Act, 1972 and correct the legal gaps for effective implementation, particularly in the State of Gujarat.