Laws, Rules and Regulation for Birds (Conservation and Protection)

Laws, Rules and Regulation for Birds in India (Conservation and Protection)

The primary law governing the conservation and protection of birds in India is the Wild Life (Protection) Act, 1972. This Act provides a comprehensive legal framework for protecting wild animals, birds, and plants to ensure ecological and environmental security. It includes multiple schedules classifying species under varying degrees of protection and sets out penalties for hunting, capturing, or trading protected species including birds.

Schedules for Protection: Birds are listed in different schedules with Schedule I and II species receiving the highest protection, making hunting or trade of these species a serious offense with heavy penalties. Other schedules protect less endangered species but still prohibit hunting.

Hunting Restrictions: Hunting of birds listed in the schedules is prohibited except under specific circumstances like threats to human life or disease control.

Habitat Preservation: The Act also prohibits damage to the habitats of wild animals and birds, supporting the establishment of protected national parks, sanctuaries, and community reserves where birds can thrive safely.

Penalties and Enforcement: Violations involving protected birds attract stringent penalties including imprisonment and fines. Enforcement agencies include the Forest Department and specialized bodies like the Wildlife Crime Control Bureau (WCCB).

Special Protections: Certain birds, for example, the Indian Peafowl (national bird), are listed in Schedule I, requiring priority actions upon cases of mortality or harm.

Legal Authority and Advisory: The Act established the National Board for Wildlife to oversee wildlife conservation matters, including birds, and related policies in India.

Apart from this Act, related legal measures such as the Wetlands (Conservation and Management) Rules, 2017 contribute indirectly by protecting bird habitats like wetlands which are critical for migratory and local bird species.

The Wildlife Protection Act of 1972 is the cornerstone legislation protecting birds in India through categorization, hunting bans, habitat protection provisions, and strict enforcement.

In India, the conservation and protection of birds are primarily governed by the Wild Life (Protection) Act, 1972 (WLPA). This act is a comprehensive legal framework that aims to safeguard wild animals, birds, and plants, and to establish a network of protected areas for their conservation.

The Wild Life (Protection) Act, 1972

The WLPA is the cornerstone of wildlife conservation in India. It prohibits hunting, establishes protected areas, and regulates trade in wildlife products. The act defines “animal” to include birds and their eggs, and its provisions apply to them with the same force as they do to other wild animals.

1. Hunting Prohibition: The WLPA strictly prohibits the hunting of any wild animal, including birds, listed in its schedules. “Hunting” is defined broadly to include capturing, killing, poisoning, snaring, or trapping, and any attempt to do so. It also explicitly includes injuring, destroying, or taking any part of a bird’s body, and damaging or disturbing their eggs or nests.

2. Schedules of Protection: The WLPA categorizes wild animals, birds, and plants into various schedules, which provide different levels of protection.

Schedule I and Schedule II (Part II): These schedules offer the highest degree of protection. Endangered and rare bird species, including migratory birds, are listed here. Violations of the law concerning these species attract the maximum penalties.

Schedule III and Schedule IV: These schedules list protected species that are not considered endangered. Hunting is prohibited, but the penalties for violations are less severe than those for species in Schedule I and II.

Schedule V: This schedule lists animals considered “vermin,” which can be legally hunted. However, very few species, and only specific ones like common crows, fruit bats, rats, and mice, are included.

3. Regulation of Trade: The act strictly regulates trade and commerce in wild animals, including birds, and their articles and trophies. Dealing in scheduled bird species or their products without a license is prohibited.

4. Protected Areas: The WLPA provides for the establishment and management of various types of protected areas, which are crucial for bird conservation. These areas offer a safe habitat for birds to thrive and are subject to specific regulations.

National Parks and Wildlife Sanctuaries: These are key protected areas where strict laws are in place to conserve flora and fauna. Bird sanctuaries, for instance, are notified under the WLPA and are managed by the Chief Wild Life Warden of the state.

Conservation Reserves and Community Reserves: These were introduced in the Wild Life (Protection) Amendment Act of 2002. They serve as buffer zones, connectors, or migration corridors between established national parks and sanctuaries. Conservation reserves are government-owned, while community reserves involve private or community-owned land and are managed with the participation of local communities.

Relevant Laws and International Treaties

Article 48A of the Constitution of India: This directive principle of state policy directs the state to “endeavour to protect and improve the environment and to safeguard the forests and wild life of the country.”

Article 51A (g) of the Constitution of India: This fundamental duty requires every citizen to “protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures.”

Ramsar Treaty (1971): India is a signatory to this international treaty, which focuses on the conservation and wise use of wetlands. Many of India’s wetlands are crucial habitats for migratory and resident birds, and their designation as Ramsar Sites provides them with an additional layer of protection.

Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES): As a party to CITES, India has legal obligations to regulate the international trade of endangered species, including many bird species, to ensure their survival is not threatened by such trade.

The legal framework for bird conservation in India is comprehensive and is aimed at providing a high degree of protection to both endangered and common species, their habitats, and their ecological security. The enforcement of these laws is managed by various authorities, including the state forest departments and the Wildlife Crime Control Bureau.

Laws, Rules, and Regulations for Bird Conservation and Protection in India

India has a robust legal framework for the conservation and protection of birds, primarily anchored in national legislation that classifies birds as wild animals. This framework aims to prevent hunting, trade, habitat destruction, and other threats to avian biodiversity. Birds are protected under various schedules based on their conservation status, with stricter penalties for endangered species. India is also a signatory to international conventions that influence domestic laws. Below is a comprehensive breakdown.

National Legislation

The primary law governing bird protection is the Wildlife (Protection) Act, 1972 (WLPA), which provides for the protection of wild animals, birds, and plants across India. It prohibits hunting, poaching, and trade in wildlife, establishes protected areas, and sets up enforcement mechanisms. Amendments, including the Wildlife (Protection) Amendment Act, 2022, have strengthened provisions by aligning with international standards like CITES and increasing penalties for violations.

Relevant national laws include:

Wild Birds and Animals Protection Act, 1912: An older colonial-era law that prohibits the capture, killing, or sale of certain wild birds and animals during breeding seasons, though largely superseded by the WLPA.

Prevention of Cruelty to Animals Act, 1960: Focuses on preventing unnecessary suffering to animals, including birds, but is more general and does not address conservation specifically.

Environment (Protection) Act, 1986: Protects non-forest habitats like wetlands and grasslands crucial for birds by declaring Ecologically Sensitive Areas.

Biological Diversity Act, 2002: Supports conservation by regulating access to biological resources and aligning with global treaties, indirectly benefiting bird species.

State governments can enact additional rules under the WLPA, such as notifications for bird sanctuaries or seasonal hunting bans.

Key Provisions Under the Wildlife (Protection) Act, 1972

The WLPA defines “wild animal” to include birds (Section 2(1)) and prohibits a range of activities to ensure their protection. Salient features include:

Prohibition of Hunting (Section 9): Hunting, capturing, killing, poisoning, trapping, or destroying eggs/nests of scheduled birds is banned. “Hunting” broadly covers any injury or disturbance (Section 2(16)).

Exceptions (Sections 11-12): Hunting is permitted only in rare cases, such as if a bird poses a threat to human life or property, or for scientific research/education, with prior approval from the Chief Wildlife Warden.

Trade and Possession Restrictions (Chapter V): Trading, selling, or possessing scheduled birds or their parts (e.g., feathers, eggs) is illegal without licenses. Birds are considered government property (Section 39).

Protected Areas (Sections 18-38): Establishes National Parks, Wildlife Sanctuaries, Conservation Reserves, Community Reserves, and Tiger Reserves where human activities are restricted to protect bird habitats. Examples include Vedanthangal Bird Sanctuary (Tamil Nadu) and Bharatpur Bird Sanctuary (Rajasthan).

Enforcement Bodies: Includes the National Board for Wildlife (chaired by the Prime Minister), State Wildlife Boards, Central Zoo Authority, Wildlife Crime Control Bureau (WCCB), and National Tiger Conservation Authority. These oversee policies, investigations, and anti-poaching efforts.

Penalties (Section 51): Violations involving Schedule I birds carry 3-7 years imprisonment and fines of at least ₹25,000 (higher for repeat offenses). For Schedules II-IV, penalties are up to 3 years imprisonment and ₹1 lakh fine. Courts can forfeit seized items and cancel licenses.

The National Wildlife Action Plan (2017-2031) emphasizes habitat conservation, anti-poaching, and community involvement for birds.

Schedules Under the WLPA and Protected Birds

The Act classifies species into schedules with varying protection levels. Schedules I and II offer the highest protection, while III and IV are lower (but still prohibit hunting/trade). Schedule V lists vermin (e.g., common crows) that can be hunted. Birds are mainly in Schedules I (endangered) and IV (general protection).

Schedule I (Part III: Birds) – Absolute Protection

This includes critically endangered and vulnerable birds. Hunting or trade results in severe penalties. Below is a table of key examples (not exhaustive; over 100 species listed, focusing on prominent Indian ones):

Full list includes families like Anatidae (ducks), Phasianidae (pheasants), and Accipitridae (hawks/eagles).

Schedule II – High Protection

Fewer birds; examples include some pheasants like Grey Junglefowl. Penalties similar to Schedule I but slightly lower.

Schedules III and IV – Protected with Lower Penalties

Schedule III has minimal birds. Schedule IV covers most wild birds not in higher schedules, prohibiting hunting but allowing limited management. Examples include:

• Avadavat (Estrilda spp.)
• Avocet (Recurvirostridae family)
• Babblers (Timaliinae subfamily)
• Barbets (Capitonidae family)
• Barn Owls (Tytonidae family)
• Bitterns (Ardeidae family)
• Brown-headed Gull (Larus brunnicephalus)
• And many others like bulbuls, cuckoos, doves, and finches.

Schedule V – Vermin (Limited Protection)

Includes common crows and fruit bats; can be culled if pests.

International Conventions Influencing Bird Protection

India integrates global standards into its laws:

Convention on International Trade in Endangered Species (CITES): Regulates trade in listed birds (e.g., hornbills in Appendix I); WLPA Schedule IV aligns with CITES Appendices.

Convention on Migratory Species (CMS/Bonn Convention): Protects migratory birds like Siberian Crane; India hosts the Central Asian Flyway Action Plan.

Ramsar Convention: Protects wetlands as bird habitats (e.g., Chilika Lake, a key site for waterbirds).

Convention on Biological Diversity (CBD): Supports overall biodiversity conservation.

Despite strong laws, challenges include habitat loss from development, poaching for pets/feathers, and climate change. Enforcement relies on forest departments, NGOs like WWF-India, and community participation. Recent court rulings (e.g., 2024 Supreme Court on power lines threatening Great Indian Bustard) have imposed restrictions on infrastructure in bird habitats.

Primary Legislation & Protected Species

Wildlife (Protection) Act, 1972

• This is the cornerstone legislation intended to protect wild animals, birds, and plants throughout India.

• It classifies species into six schedules:

  • Schedule I & part of II: Highest protection with the most stringent penalties.

  • Schedules III & IV: Protected with comparatively lighter penalties.

  • Schedule V: Species are considered vermin (e.g., crows, rats) and can be hunted freely.

  • Schedule VI: Here endangered plants are listed, with cultivation or planting prohibited.

• It prohibits hunting, capturing, possessing or trading protected species, including specific provisions against feeding, petting, or handling wild birds like mynas, parrots, and snakes, as clarified and enforced in regions like Pune.

• Offences can lead to heavy fines and imprisonment. Recent incidents under the Act include illegal parrot smuggling and FIRs filed for peacock deaths due to poisoning.

Older Legislation

Wild Birds and Animals (Protection) Act, 1912

• An early conservation law, giving states powers to declare “close seasons” when hunting or trading specific birds is banned—though it’s largely obsolete now.

Enforcement & Institutional Mechanisms

Wildlife Crime Control Bureau (WCCB)

• Established under the Wildlife (Protection) Act, 1972 to combat organized wildlife crime, including bird-related offences.

Wetlands (Conservation & Management) Rules, 2010

• Protects wetlands (critical bird habitats), under central rules to support conservation of avian ecosystems.

Conservation Schemes & Other Measures

• The government has pledged actions including banned veterinary drugs (e.g., diclofenac harmful to vultures), vulture breeding programs, and Ramsar site conservation as parts of broader bird protection plans.

Biodiversity & Environmental Laws

Biological Diversity Act, 2002

• Enacted to ensure sustainable use of biological resources (which includes bird species), with fair benefit-sharing and ecosystem conservation mandates.

Forest Conservation Act, 1980

• Restricts deforestation and land diversion, thereby indirectly protecting bird habitats by preserving forested areas.

Prevention of Cruelty to Animals Act, 1960

• Offers general protection against cruelty to animals including birds; complements specialized wildlife laws.

Zone-Based Protections

Eco-Sensitive Zones (ESZs)

• Areas around national parks and wildlife sanctuaries (often crucial bird areas) are designated as ESZs, where human activity is regulated to protect biodiversity. Supreme Court mandates at least 1 km buffer around such areas.