Section 5 Wild Life Protection Act

 


Wildlife Protection Act 1972


Wildlife can be defined as the various fauna and flora of a particular region collectively. In other words, non-domesticated animals, all plants and other organisms which are present in such wild areas are also called wildlife. 


The Wild Life (Protection) Act, 1972 is an Act passed by the Parliament of India on August 21, 1972, and later implemented on 9 September 1972. This Act was enacted for the protection of plants, birds and animal species. The Wildlife Protection Act is an umbrella Act to protect wild animals and plants. Before this Act was enacted there were very few national parks. This Act includes provisions for protection of plants and animals, hunting, harvesting and various other ancillary matters connected thereto. It has six schedules which extend to all over India. Under this Act, various kinds of penalties are also laid down for the violation of the laws contained therein. This Act contains 66 sections and six schedules. 


This Act contains 66 Sections which are further divided into seven chapters and six schedules. Before this Act was passed it was in the state list and so the state passed a law for wildlife protection and conservation. The Parliament passed this Act using the provisions of Article 252 of the Indian Constitution. This Act is the first legislation which gives such a comprehensive list of endangered wildlife species and which prohibits hunting of wild animals for the protection of the wildlife. 


Section 5

This section talks about the power of authorities to delegate. The director, the chief wildlife warden, can delegate all of his powers or any of his powers and duties with the prior approval of the State Government to any officer who is subordinate to him. The person to whom the power and duties are delegated by the director or by the chief wildlife warden shall act according to the direction given by his superior and all of his acts shall take effect from within the provisions of this Act and not by way of delegation which is moving outside the purview of this Act. 


Hunting of wild animals 

‘Hunting’ as described under the Wild life (Protection) Act, 1972, includes poisoning, killing, trapping any wild animal or making an attempt to do so. It also includes driving or using any animal for transport purposes, injuring any wild animal or any of their body parts or killing the eggs of reptiles and birds, or disturbing the nest or eggs of the reptiles or birds. No person is allowed to hunt any animal who is specified in Schedule 1, Schedule 2, Schedule 3 and Schedule 4. There are different Penalties and fines for the particular act as a man or woman does so. It is a punishable offence Under the Wildlife Protection Act.




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