The Legal Provisions of the Laws That Protect National Parks and Sanctuaries

In one line

Four statutes, one answer, in the order a court would take them.

MU sets this as a whole question on the 2024 and 2026 papers. What follows is the answer, arranged as a court would arrange it.

In exam wording: the legal provisions that protect national parks and sanctuaries are, first, the Wild Life (Protection) Act 1972, under which section 18 declares the intention to constitute a sanctuary and section 26A finally declares it, section 35 declares a National Park and section 38 permits the Central Government to declare either, section 29 and sub-section (6) of section 35 prohibit the destruction, exploitation or removal of any wild life including forest produce, the destruction, damaging or diverting of the habitat of any wild animal by any act whatsoever, and the diverting, stopping or enhancing of the flow of water, except under a permit of the Chief Wild Life Warden authorised by the State Government in consultation with the National Board and only where necessary for the improvement and better management of wild life, and sub-section (3) of section 26A and sub-section (5) of section 35 forbid any alteration of boundaries except on a recommendation of the National Board; secondly, section 2 of the Van (Sanrakshan Evam Samvardhan) Adhiniyam 1980, which forbids de-reservation, non-forest use, assignment and the clearing of naturally grown trees except with the prior approval of the Central Government; thirdly, sections 3 and 5 of the Environment (Protection) Act 1986, under which the environmental clearance process and the eco-sensitive zone are created and directions may be issued.

Continued: and fourthly, the Forest Rights Act 2006, the Biological Diversity Act 2002 and the National Green Tribunal Act 2010, which supply the rights of the people, the biodiversity layer and the forum.

Layer one: the Wild Life (Protection) Act 1972

Creating the area. Section 18 for the intention to constitute a sanctuary, section 18A for the protection that operates from that moment, section 18B for the Collector, sections 19 to 25A for the settlement of rights, and section 26A for the final declaration. Section 35 for a National Park, with sub-sections (3A) and (3B) for the interim protection and the alternative arrangements. Section 38 for the Central Government's own declaration on land transferred to it.

Protecting what is inside. Sections 27 and 28 for entry and permits; section 29 and section 35(6) for the central prohibition; section 30 for fire; section 31 for weapons; section 32 for injurious substances; section 33 for management plans, with the proviso to clause (a) requiring the National Board's prior approval for tourist lodges, hotels, zoos and safari parks; section 33A for immunisation of livestock; section 33B for the Advisory Committee; section 34 for arms within ten kilometres; and section 35(7) prohibiting grazing in a National Park.