Wild life acts by Dr. Pankaj Kumar Joshi

The Indian Forest Act, 1927

The Indian Forest Act, 1927 was largely based on previous Indian Forest Acts implemented under the British. The most famous one was the Indian Forest Act of 1878. Both the 1878 act and the 1927 one sought to consolidate and reserve the areas having forest cover, or significant wildlife, to regulate movement and transit of forest produce, and duty leviable on timber and other forest produce. It also defines the procedure to be followed for declaring an area to be a Reserved Forest, a Protected Forest or a Village Forest. It defines what is a forest offence, what are the acts prohibited inside a Reserved Forest, and penalties leviable on violation of the provisions of the Act.

The Forest (Conservation) Act, 1980

The Forest (Conservation) Act, 1980 an Act of the Parliament of India to provide for the conservation of forests and for matters connected therewith or ancillary or incidental thereto. It was further amended in 1988.^[1] This law extends to the whole of India except the State of Jammu and Kashmir. It was enacted by Parliament of India to control further deforestation of Forest Areas in India. The act came into force on 25 October 1980. It has five section.

Historically our communities have always lived in harmony with nature, and participation of community in protection and management of common property resources has been a tradition. The British introduced scientific management of forests through a centralised approach to forest management and development. The first formal government approach to forestry can be traced to the enactment of the National Forest Policy of 1894 which stressed on conserving forests for maintaining environmental stability and meeting basic needs of fringe forest user groups. The policy was revised in 1952 and the new policy emphasised on extension of forests beyond the traditional forest areas. This gave impetus to social forestry and agro/farm forestry.

This policy was the harbinger of the green movement in the country. It also proposed that 60% of the land in the hills and 20% in the plains and in all 33% of the total geographical area should be under forest/tree cover. The serious depletion of forest resources due to biotic and industrial pressure and other reasons made the policy makers review the situation in the late eighties and evolve a new strategy for conservation of forests. The National Forest Policy was once again revised in 1988, which envisaged community involvement in the protection and regeneration of forests. It accorded highest priority to sustainable management of the forestresource.

1988 National Forest Policy

The basic objectives that govern the 1988 National Forest Policy are:        

• Maintenance of environmental stability through preservation and, where necessary, restoration of the ecological balance that has been adversely disturbed by serious depletion of forests of the country.
• Conserving the natural heritage of the country by preserving the remaining natural forests with the vast variety of flora and fauna, which represents the remarkable biological diversity and genetic resources of the country.
• Checking soil erosion and denudation in the catchment areas of rivers, lakes, reservoirs in the interest of soil and water conservation, for mitigating floods and droughts and for the retardation of siltation of reservoirs. Also checking the extension of sand dunes.
• Increasing substantially the forest/tree cover in the country through massive afforestation and social forestry programmes, especially on all denuded, degraded and unproductive lands.
• Meeting the requirements of fuelwood, fodder, minor forest produce and small timber of the rural and tribal population.
• Increasing the productivity of forests to meet essential national needs.
• Encouraging efficient utilisation of forest produce and maximising substitution of wood.
• Creating a massive people movement with the involvement of women, for achieving these objectives and to minimise pressure on existing forests.

Environmental ethics

Environmental ethics is a branch of ethics that studies the relation of human beings and the environment and how ethics play a role in this. Environmental ethics believe that humans are a part of society as well as other living creatures, which includes plants and animals. These items are a very important part of the world and are considered to be a functional part of human life. Thus, it is essential that every human being respect and honor this and use morals and ethics when dealing with these creatures.

 ” Environmental ethics is a branch of applied philosophy that studies the conceptual foundations of environmental values as well as more concrete issues surrounding societal attitudes, actions, and policies to protect and sustain biodiversity and ecological systems.”

 “Environmental ethics is the part of environmental philosophy which considers extending the traditional boundaries of ethics from solely including humans to including the non-human world. It exerts influence on a large range of disciplines including environmental law, environmental sociology, ecotheology, ecological economics, ecology and environmental geography.”

Global warming, global climate change, deforestation, pollution, resource degradation, threat of extinction are few of the issues from which our planet is suffering. Environmental ethics are a key feature of environmental studies, that establishes relationship between humans and the earth. With environmental ethics, you can ensure that you are doing your part to keep the environment safe and protected. Every time that a tree is cut down to make a home or other resources are used we are using natural resources that are becoming more and more sparse to find. It is essential that you do your part to keep the environment protected and free from danger. It is not as difficult to do as you may think so long as you’re willing to make a few simple and easy changes.

With the rapid increase in world’s population, the consumption of natural resources has increased several times. This has degraded our planet’s ability to provide the services we humans need. The consumption of resources is going at a faster rate than they can naturally replenish.

Environmental ethics builds on scientific understanding by bringing human values, moral principles, and improved decision making into conversation with science. It was Earth Day in 1970 that helped to develop environmental ethics in the US, and soon thereafter the same ethics were developed in other countries including Canada and North America. This is important because the ethics of the environment are of major concern these days.

Environmental Ethics and Environmental Philosophy

Environment ethics has produced around environmental philosophy. Many scientists have taken up the belief of philosophical aspect of environmental hazards thus giving rise to environment ethics. Currently environment ethics has become the major concern for the mankind.

Industrialization has given way to pollution and ecological imbalance. If an industry is causing such problem, it is not only the duty of that industry but all the human being to make up for the losses. But how long an artificial and restored environment will able to sustain? Will it be able to take the place of the natural resources? Environmentalists are trying to find answers to these difficult questions and all these together are termed as environment ethics.

It is the responsibility of all to ensure that environmental ethics are being met. It is somewhat difficult to make adjustments that are necessary to ensure that you are following all environmental ethics.

Ethics plays an important role in our society today, and environmental ethics and business ethics must be considered. This has become more prevalent in today’s society.

Both oil and coal are bad, but not only for the environment, but for all living creatures, including plants and animals. Both are highly toxic in their natural raw state. They pollute the air and ground and water, and whether or not they are helping to create these natural disasters should be irrelevant. They are both finite, and will not last forever, and the sooner we rid ourselves of the need for these two demons, the better. While oil and coal companies continue to promote their products, and the best yet is clean coal, which is an unethical definition of something that just isn’t possible, their ethics come into question, especially environmental ethics. Most of the worlds ills are derived from both of these, with oil spills, mining accidents, fires, and now climate change and global warming.

India is the first country in the world to have made provisions for the protection and conservation of environment in its constitution. On 5th June 1972, environment was first discussed as an item of international agenda in the U.N. Conference of Human Environment in Stockholm and thereafter 5th June is celebrated all over the world as World Environment Day.

Soon after the Stockholm Conference our country took substantive legislative steps for environmental protection. The Wildlife (Protection) Act was passed in 1972, followed by the Water (Prevention and Control of Pollution) Act 1974, the Forest (Conservation) Act, 1980, Air (Prevention and Control of Pollution) Act, 1981 and subsequently the Environment (Protection) Act, 1986.

Constitutional Provisions

The provisions for environmental protection in the constitution were made within four years of Stockholm Conference, in 1976, though the 42nd amendment as follows:

Article-48-A of the constitution provides:

“The state shall endeavour to protect and improve the environment and to safeguard forest and wildlife of the country.”

Article 51-A (g) Provides:

It shall be duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wildlife an to have compassion for living creatures.”

Thus our constitution includes environmental protection and conservation as one of our fundamental duties. Some of the important Acts passed by the Government of India are discussed here.

The passing of the Wildlife Act of 1972 constitutes an important landmark in the history of wildlife legislation in the country.

This is because of the fact that the “Forest” including “Wildlife” was then a State subject falling in Entry 20 List II of Seventh Schedule, Parliament had no power to make law on the same except as provided in Articles 249,250 and 252 of the constitution.

Having regard to the importance of the matter, the Act has been adopted by all the States except that of Jammu and Kashmir which has a similar law enacted for the purpose of wildlife protection. The operation of the Act is mandatory}’ in the Union Territories too.

1. The Wildlife (Protection) Act of 1972 provides the basic framework to ensure the protection and management of wildlife. The Act was amended subsequently in 1982, 1986, 1991 and 1993 to accommodate provision for its effective implementation.

The rationale for passing Act as stated in its Statement of Objects and Reasons are as follows:

2. The rapid decline of India’s wild animals and birds, one of the richest and most varied wildlife resources of the country has been a cause of grave concern.

3. Some wild animals and birds have already become extinct in this country and the other in danger of being so.

4. Areas which were once teeming with wildlife have become devoid of it and even in sanctuaries and National Parks the protection afforded to wildlife needs to be improved.

5. The Wild Birds and Animals Protection Act, 1935 has become completely outdated.

6. This existing laws not only have become outdated but also provide punishments, which are not commensurate with the offence and financial benefits that occur from poaching and trade in wildlife produce. Further, such laws mainly relate to control of hunting and do not emphasize the other factors which are also the prime reasons for the decline of India’s wildlife namely taxidermy and trade in wildlife and products there from.

Salient features of the Act: The Wildlife Protection Act, 1972 which we read today is a product of process which started long ago in 1887 for the protection of a few wild birds and after addition of wild animals in 1912 and specified plants in 1991 it covered almost all the wildlife resources which need protection and management. A few salient features of the Act are as follows:

1. The Wildlife Act of 1972 as amended in 1982, 1986, 1991 and 1993 has 7 Chapters, 66 Sections and 6 Schedules. The Act with its various amendments provides the necessary tool to prevent damage to the wildlife.

2. The rating of the Schedules I to V is in accordance with the risk of survival of the wildlife (fauna) enlisted in them. Animals included Schedule are provided for total protection from hunting and the trade and commerce related to such animals are strictly regulated. The schedule VI has been added to include the specified plant species to be protected by the Wildlife (Protection) Amendment Act of 1991.

3. An expert committee, constituted by the Indian Board of Wildlife considers amendments to the Act, as and when necessary.

4. With the amendment of the Act in 1991, powers of the State Governments have been withdrawn almost totally. Now the State Governments are not empowered to declare any wild animal a vermin. Further by addition of provision, immunization of livestock within a radius of 5 km from a National

Park or sanctuary has been made compulsory. Broadly speaking the amendment provides the follows:

1. Greater powers to enforcement authority.

2. Greater say to individuals or NGOs in matter concerning wildlife protection. The Central Government Officers as well as individuals now can file complaints in the court for offences.

3. NGOs like WWF-India and Traffic-India will make available technical and legal guidance when needed.

4. More impact on wildlife trade.

5. Setting up of a Central Zoo Authority.

6. Greater protection to wildlife through prohibiting hunting of wild animals other than vermin.

7. Provision to prohibit collection and exploitation of wild plants which are threatened with extinction.

8. Provision to extract and deal in snake venom for producing life saving drugs.

9. Provision to ban trade in Africa ivory.

10. Enhanced punishments for isolations.

11. Payment of rewards to persons helping in apprehension of offenders.

What is a Resource?

A resource is a source or supply from where benefits are produced.

An item becomes a resource with time and developing technology. Typically resources are materials, energy, services, staff, knowledge, or other assets that are transformed to produce benefit and in the process may be consumed or made unavailable.

Benefits of resource utilization may include increased wealth, proper functioning of a system, or enhanced wellbeing.

Types of resources:

Natural Resources:

Natural resources are derived from the environment. Many natural resources are essential for human survival, while others are used for satisfying human desire. Conservation is the management of natural resources with the goal of sustainability. Natural resources may be further classified in different ways
1. Based on Origin:

In biology and ecology a resource is defined as a substance that is required by a living organism for normal growth, maintenance, and reproduction.

Biotic & abiotic resources

·         Biotic Resourcesare obtained from biosphere and have life such as human beings, flora and fauna, fisheries, livestock etc.

·         Abiotic Resourcesare composed of non-living things, e.g., rocks and metals.

2.      Based on the availability :

Renewable & non-renewable resources

·         Renewable Resourcesare infinite resources which can be renewed or reproduced by physical, chemical or mechanical processes, e.g., solar and wind energy, water, forests and wildlife, etc.

·         Non-Renewable Resourcesare formed over a substantially long geological time, e.g., minerals and fossil fuels.

3.      Based on the stage of development :

·         Potential Resources: Potential resources are known to exist and may be used in the future. For example, petroleum may exist in many parts of India and Kuwait that have sedimentary rocks, but until the time it is actually drilled out and put into use, it remains a potential resource.

·         Actual / Developed Resourcesare resources that have been surveyed and determined for utilization both qualitatively and quantitatively. The development of resources depends on technology and level of their feasibility.

·         Stockresource: refers to materials in the environment which cannot be developed profitably because of lack of technology.

·         Reserve resource : part of the actual resource that can be developed profitably with available technology is called a reserve resource

4.      resources based on nature of ownership:

·         Individual Resourcesare resources that are owned privately by individuals, e.g.
land, houses, plantations, ponds, water in wells Community Resources are resources accessible to all the members of a community. Examples:
• grazing grounds, burial grounds, public parks, picnic spots etc.

·         National Resourcesare all the resources that belong to a nation. Examples:
roadways, railways, canals, minerals, water resources, forests, wildlife, etc.
• land within the political boundaries.

·         International Resourcesare regulated by certain international institutions. These include:
The oceanic resources beyond 200 km of the Exclusive Economic Zone, which belong to open ocean and no individual country can utilize these without the concurrence of international institutions.

5.      Labour or human resources: In economics, labour or human resources refers to the human effort in production of goods and rendering of services. Human resources can be defined in terms of skills, energy, talent, abilities, or knowledge.

6.      Capital or infrastructure resources: capital refers to already-produced durable goods used in production of goods or services. In essence, capital refers to human-made resources created using knowledge and expertise based on utility or perceived value. Common examples of capital include buildings, machinery, railways, roads, and ships.

7.      Tangible v/s intangible resources: While tangible resources such as equipment have actual physical existence, intangible resources such as corporate images, brands and patents, and other intellectual property exist in abstraction.

  Uses of Resources:

·         Typically resources cannot be consumed in their original form, but rather through resource development they must be processed into more usable commodities and usable things.

·         With increasing population, the demand for resources is increasing. There are marked differences in resource distribution and associated economic inequality between regions or countries.

·         Sustainable development is a pattern of resource use that aims to meet human needs while preserving the environment.

·         Sustainable development means that we should exploit our resources carefully to meet our present requirement without compromising the ability of future generations to meet their own needs.

·         The practice of the three R’s – reduce, reuse and recycle must be followed in order to save and extend the availability of resources.

VARIOUS PROBLEMS RELATE TO THE USAGE OF RESOURCES:

Environmental degradation

Over-consumption

Resource depletion

Tragedy of the commons

Myth of superabundance

VARIOUS BENEFITS CAN RESULT FROM THE WISE USAGE OF RESOURCES:

Economic growth

Ethical consumerism

Prosperity

Quality of life

Sustainability

Wealth