CENTRAL UNIVERSITY OF SOUTH BIHAR, GAYA

SCHOOL OF LAW AND GOVERNANCE

PROJECT WORK
ENVIRONMENTAL LAW
ENDANGERED SPECIES OF ANIMALS AND THEIR PROTECTION IN
INDIA

Submitted to Mrs. Poonam Kumari

By- Nirshan Raj

Ba.Llb(h)

7th semester

cub1413125026

CUSB, Gaya

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 CONTENTS

SR.NO. TITLE PAGE NO.

01. ACKNOWLEDGEMENT 03

02. LITERATURE REVIEW 04

03. INTRODUCTION 05
04. ENDANGERED ANIMAL SPECIES IN INDIA 07
05. DETERMINATION OF ENDANGERED ANIMAL SPECIES 10
06. REASONS FOR ENDANGERMENT 11
07. STEPS TAKEN BY GOVERNMENT FOR THE 12
PROTECTION OF ENDANGERED ANIMAL SPECIES

08. JUDICIAL VIGIL 14

09. CONSTITUTION AND ENDANGERED SPECIES 16
10. SAVE ENDANGERED ANIMALS 17
11. CONCLUSION 18

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 ACKNOWLEDGMENT

During the course of writing this project, I have received the help, encouragement and assistance from my
teacher, colleagues, friends, library staff and other. I am thankful to all of them.

I am very thankful to my Environmental Law teacher, Mrs. Poonam Kumari for encouragement and
support that she provided during the preparation of the project.

I am deeply indebted to the works of eminent legal experts and law scholars and other scholars of repute,
whose valuable work has been highly useful in writing this project.

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 LITERATURE REVIEW

BOOKS REFFERED
1. SC Shastri, Environmental Law, (5th edition Eastern Book Company)
2. Dr. Sukanta K. Nanda, Environmental Law, (Central Law Publications, 2007)

CASES REFFERED
1. T.N. Godavarman Thirumulpad vs Union Of India
2. Silent Valley Case
3. RLEK Case
4. Centre for Environmental law, WWF-India vs Union of India
5. Rajendra Kumar vs Union of India

METHODOLOGY
The method used is doctrinal and descriptive. No data collection is done in this regard and this is
based merely on the descriptive sources.

OBJECTIVES
The general objective is to:

Know about Endangered Species

Identify endangered species in India
Know law relating endangered species

LAW JOURNALS & WEBSITES REFFERED

http://indianexpress.com/article/cities/mumbai/we-must-protect-endangered-species/
http://pib.nic.in/newsite/PrintRelease.aspx?relid=94616
http://youngarenalitigators.blogspot.in/2017/01/remedies-for-environmental-
protection.html
https://www.mapsofindia.com/my-india/government/endangered-animal-species-of-india

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CH.1 INTRODUCTION

Endangered animals are those which are under a serious threat of extinction. This is very
lamentable. The lives of so many animals are endangered today, mainly due to human activities.
Climate change as well as cutting down of forests results in loss of habitat for animals, as does
pollution. Hunting and whaling have also contributed to decrease in numbers of land and marine
animals. To control the imbalance this is causing in the ecological cycle, it is necessary to take
drastic steps1. Though governments have granted protection to a few animals like the tiger, the
population of many other animals is still decreasing rapidly. They are endangered and on the
brink of extinction.

India is still home to some of the most beautiful creatures in the world. There are 400 wildlife
sanctuaries and 80 National parks in India, which give shelter to the wide range of wild and
Endangered Wild Animal. Because of deforestation and other human activity wild animals lost
their habitat and reached at risk of become extinct. Indian is losing their animals due to
Environmental pollution, deforestation, loss of habitat, human interference, poaching and
hunting.

India is one of the mega diverse countries out of a total of seventeen mega diverse countries in
the world. These seventeen mega diverse countries, including India, are the habitats of around 60
70% of the worlds biodiversity. The Western Ghats, The Eastern Himalayas and IndoBurma
are the three biodiversity hotspots out of total 34 in the whole world. India has 6.5% of the
worlds total wildlife species according to a report which was published by the United Nations
Office on Drugs and Crime (UNODC) that includes 7.6% of all mammals and 12.6% of all bird
species.

According a report issued by the IUCN2 Red List in 2014, 15 species of birds, 12 species of
mammals, and 18 species of reptiles and amphibians have joined the critically endangered list.

All animals and birds in India are rated as critically Endangered (CR), Endangered (EN) or
Vulnerable (VU). Mainly endangered animals in India are big cats family includes snow leopard,

1
RLEK Case, 1985
2
International Union for Conservation of Nature

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Bengal tiger and Asiatic Lion, other Indias endangered animals are Purple Frog or Pig nose
Frog, Great Indian Vulture, Indian giant squirrel, Giant Indian Fruit Bat, Great birds and King
Cobra. Some of the extinct animals in India are Asiatic cheetah, Pink headed duck and Indian
aurochs, etc.

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CH.2 ENDANGERED ANIMAL SPECIES IN INDIA

Indian Tiger

The all members of felide family, which includes three great cats Asiatic Lion, Bengal Tigers,
wild cats and leopard, found in India are not in the so good population, Because of the excessive
poaching, big cats in India are on the verge of extinction. There is only 1411 Royal Bengal Tiger
left in India, Asiatic or great India lion only found in Gir National Park. One of the most
endangered species of felide family is snow leopard, found only in Himalaya Ranges. Snow
leopard along with another felide member clouded leopard are the two highly endangered species
of big cats found now only with great range of Himalayas.

Ganges Dolphin

The Ganges River Dolphin is member of Cetacea family, which includes marine mammals
porpoises and whales. Dolphins primarily found in the Ganges and Brahmaputra Rivers and their
tributaries in India. They share their habitat with crocodiles, fresh water turtles. The blind
Dolphin of holy river Ganges is the National Aquatic Animal of India. The India Rive shark is
also listed as one of the endangered Species in India.

Gharial

The Gharial is one of the three crocodilians found in India the longest of all living crocodilians.
The holy river Ganga is one the most habitat of the Gharial in India, the king of rivers also found
in Chambal, Irrawady and Brahmaputra river. The gharial is listed as a most critically
endangered species in India. Mass gharial deaths in Chambal river is still a mystery, one of the
major cause is polluted river water.

Indian Bustard

The Great Indian bustard is one of the worlds heaviest flying birds is one of such rarest birds of
Indian Subcontinent. The Bird is found only in some parts of Gujarat, Maharashtra, and
Rajasthan. Less than a thousand survive today and the species is threatened by hunting and loss

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of its habitat. Indian Vulture is another endangered birds of India, vultures were being found
dead and dying throughout India. Indian King Vulture found sharply in Gujarat, Rajasthan and
Uttar Pradesh.

Indian Rhinoceros

The Great Indian Rhinoceros also called as One Horned Rhinoceros found in India. The Indian
Rhinoceros has a single black horn which is present in both male and female species. The Great
Indian Rhinoceros is the fourth largest animal in the world. The large endangered mammal is
primarily found in parts of north-eastern India, Today about 3,000 rhinos live in the wild, 2,000
of which are found in Manas and Kaziranga National Park Assam. Excessive hunting for its horn
reduced their natural habitat drastically.

Lion Tailed Macaque

Lion Tailed Macaque is Indias endangered primate species and also ranks among the rarest and
most threatened monkey, endemic to the Western Ghats of South India.

Nilgiri Tahr

Nilgiri Tahr is a wild sheep species, Endangered and endemic to the Nilgiri Hills of the Western
Ghats. The Nilgiri ibex closely related to the sheep, inhabits the open montane grassland habitat
in Tamil Nadu and Kerala.

Sangai Deer

Sangai also called as brow antlered deer is endemic and endangered species of deer, found only
in Keibul Lamjao National Park of Manipur.

Indian Pangolin

Indian Pangolin is found in the plains of India and listed as endangered due to hunting for its
meat and for various body parts.

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 Wild Water Buffalo

Indian Wild water buffalo are native to the Indian Subcontinent and found mostly in Assam, they
are largely restricted to in and around Kaziranga and Manas national park.

Indian Wild Dog

Indian Wild Dog or Dhole is one of the top predators of wild forest, living in packs, hunting
cooperatively and highly social animals. Asiatic wild dogs are also called the whistling hunter,
because it has an extraordinary vocal call. Dhole is found in national parks of Assam, Bengal,
Gujarat, Kashmir, Madhya Pradesh, and Nilgiri Biosphere reserve of south India. It is estimated
that only 2500 Dholes are left in the wild. Threats to the dhole species include habitat destruction
and loss of its main prey.

Red Panda

The beautiful and endangered species, Indian Red Panda is also known by the name of Red Fox.
From the two kinds of Red Pandas in the world, only one variety is found in India. India has 20
protected areas with Sikkim, Arunachal Pradesh and West Bengals Khanchenzonga and
Namdapha National Park. The endangered Red Panda live in temperate climates, in deciduous
and coniferous forests, usually with an under story of bamboo and hollow trees.

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CH.3 DETERMINATION OF ENDANGERED ANIMAL SPECIES

According to IUCN Red List the critically endangered species are at a highest risk of extinction.
There are basically five ways to determine whether the particular species are endangered or not:

When the species have a limited geographical range.

Very limited or small population of less than 50 adult individuals.
Whether the population has decreased or will decrease by more than 80% for the
last three generations or 10 years.
If the population is less than 250 individuals and is continuously declining at 25%
for the last one generation or three years.
There is a high possibility of extinction in the wild.

Indian elephant, Bengal tiger, Indian lion, Indian Rhino, Gaur, lion tailed macaque, Tibetan
Antelope, Ganga river dolphin, the Nilgiri Tahr, snow leopard, dhole, black buck, great Indian
bustard, forest owlet, white winged duck and many more are the most endangered animals in
India.

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CH.4 REASONS FOR ENDANGERMENT

1. Loss of habitat is one of the primary reasons for the endangerment of species. Today, human
intervention plays a major role in the destruction of the natural landscape. Human activities like
removal of trees that provide both food and shelter for innumerable number of species, mining
and agriculture.

2. Over hunting and poaching has a very destructive and catastrophic effect on the number of
animals and fishes all over the world.

3. Pollution like air pollution, water pollution and waste pollution, especially in the form of
plastic plays a very dominant role in the endangerment of animal species. Pollution not only
causes health hazards for humans, but it affects the animals also.

4. In a robust and hearty environment there is always an accurate balance between the number of
predators and their prey animals. The predators who are natural enemies of their prey animals
choose the old and sick preys as they cannot keep up with their group. In this scenario the
relationship between them is totally healthy as the predators only eat these prey animals that are
already nearing the end of their life. But the problems become more apparent when the predators
wander in such an area where they will get only a few numbers of their prey animals.

5. To save the animals from poaching and hunting they are often kept in a sanctuary and shelter.
Though for some animals it has proved to be very much beneficial, there are other animals too
who suffer and are in trouble for being endangered. The main two reasons are overcrowding and
overgrazing. Usually there are too many animals that are enclosed in small areas. These animals
often eat the same grass and trees in a limited area whereas in natural surroundings the grazing
animals keep on changing the landscape while eating and keep on moving for most of the time.
But in an enclosed and small area they eat from the same plants repeatedly which finally destroys
the plants due to overstress.

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CH.5 STEPS TAKEN BY GOVERNMENT FOR THE PROTECTION OF
ENDANGERED ANIMAL SPECIES3

The Government has taken several steps for protection of endangered species of wild animals in
the country, which are as following:-

Legal protection has been provided to wild animals against hunting and commercial
exploitation under the provisions of the Wild Life (Protection) Act, 1972.
The Wild Life (Protection) Act, 1972 has been amended and made more stringent. The
punishment for offences under the Act has been enhanced. The Act also provides for
forfeiture of any equipment, vehicle or weapon that is used for committing wildlife
offence(s).
Protected Areas, viz., National Parks, Sanctuaries, Conservation Reserves and
Community Reserves covering important wildlife habitats have been created all over the
country under the provisions of the Wild Life (Protection) Act, 1972 to conserve wild
animals and their habitats.
Financial and technical assistance is provided to the State/ Union Territory Governments
under the Centrally Sponsored Schemes of Integrated Development of Wildlife
Habitats', Project Tiger and Project Elephant for providing better protection to
wildlife, and improvement of its habitat.
The Central Bureau of Investigation (CBI) has been empowered under the Wild Life
(Protection) Act, 1972 to apprehend and prosecute wildlife offenders.
The State/Union Territory Governments have been requested to strengthen the field
formations and intensify patrolling in and around the Protected Areas.
The Wildlife Crime Control Bureau has been set up to strengthen the enforcement of law
for control of poaching and illegal trade in wildlife and its products.
Strict vigil is maintained by the officials of State Departments of Forests and Wildlife.
The periodic assessments carried out in respect of prioritized species, rhinoceros and lion,
have indicated improvement in their population status.

3
Ministry of Environment and Forests, (11 April, 2013)

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The Ministry of Environment & Forests also provides financial assistance to State Governments
for undertaking Recovery Programmes for saving critically endangered species as a
component of the Centrally Sponsored Scheme of Integrated Development of Wildlife
Habitats. Budget is not allocated separately for this component. At present, sixteen species have
been prioritized for taking up such recovery programmes which include Snow Leopard, Bustards
(including Floricans), River Dolphin, Hangul, Nilgiri Tahr, Marine Turtles, Dugongs and coral
reefs, Edible-nest Swiftlets, Asian Wild Buffalo, Nicobar Megapode, Manipur Brow-antlered
deer, Vultures, Malabar civet, the great one-horned rhinoceros, Asiatic Lion, Swamp deer and
Jerdons Courser.

Under the component Recovery Programmes for Saving Critically Endangered Species of the
Centrally Sponsored Scheme Integrated Development of Wildlife Habitats (CSS-IDWH)
financial assistance has been provided for eight critically endangered species including Snow
Leopard, Hangul, Dugongs, Edible-nest Swiftlets, Asian Wild Buffalo, Manipur Brow-antlered
deer, Vultures and Asiatic Lion as per the proposals received from various State/Union Territory
Governments.

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CH.6 JUDICIAL VIGIL

During last some years the Supreme Court has pointed out that there is an urgent necessity to
preserve and protect vulnerable/critically endangered species of flora and fauna. The Court also
adopted a different approach and deviation from earlier adopted anthropocentric approach to
ecocentric approach to preserve the critically endangered and vulnerable animals and rare
species of flora and fauna. While explaining these approaches, the court observed:

Environmental justice could be achieved only if we drift away from the principle of
anthropocentric to ecocentric. Many of our principles like sustainable development, polluter-pays
principle, inter-generational equity have their roots in anthropocentric principles.
Anthropocentrism is always human interest focused and non-human has only instrumental value
to humans. Ecocentrism is nature centred where humans are part of nature and non-humans have
intrinsic value. Ecocentrism is therefore life-centred, nature-centred where nature includes both
human and non-humans.4

In Centre for Environmental Law, World Wide Fund-India vs Union of India5 used the
species best interest standards to safeguard the Asiatic Lion and declared that they have right
to live like human being. The Asiatic Lion has been identified as endangered species. It was also
declared that Wild Water Buffalo has been enlisted as endangered species by the International
Union for Conservation of Nature (IUCN). Court directed the State Governments to give effect
fully to the centrally sponsored Integrated Development Programme of Wildlife Habitat Scheme,
2009 to save the Asiatic Wild Buffalo from extinction.

The court applied ecocentric approach and declared that necessary safeguards must be taken and
be provided to the rare species of flora and fauna.

4
T.N. Godavarman vs Union of India, (2012) 3 SCC 277
5
(2013) 8 SCC 234

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The famous Silent Valley Case6 highlighted the issue of protection and conservation of our rich
and unique heritage of rare and valuable flora and fauna for the benefit of the nation and
posterity including endangered species like lion-tailed monkey, as they are national assets.

It has rightly been observed that the preservation of the fauna and flora, some species of which
are getting extinct at an alarming rate, has become a great and urgent necessity for the survival of
humanity and these laws reflect a last-ditch battle for the restoration

6
1979, Kerala HC

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CH.7 CONSTITUTION AND ENDANGERED SPECIES

Stockholm Declaration7 was perhaps the first major attempt to conserve and protect the human
environment at the international level. As a consequence of this Declaration, the States were
required to adopt legislative measures to protect and improve the environment. Accordingly,
Indian Parliament inserted two Articles, i.e., 48A and 51A in the Constitution of India in 1976,
Article 48A of the Constitution rightly directs that the State shall endeavour to protect and
improve the environment and safeguard forests and wildlife of the country.

Similarly, clause (g) of Article 51A imposes a duty on every citizen of India, to protect and
improve the natural environment including forests, lakes, river, and wildlife and to have
compassion for living creatures. The cumulative effect of Articles 48A and 51A (g) seems to be
that the 'State' as well as the 'citizens' both are now under constitutional obligation to conserve,
perceive, protect and improve the environment. Every generation owes a duty to all succeeding
generations to develop and conserve the natural resources of the nation in the best possible way.
The phrase protect and improve appearing in both the Articles 48A and 51A (g) seems to
contemplate an affirmative government action to improve the quality of environment and not just
to preserve the environment in its degraded form.

Endangered Species have a right to life

The Supreme Court, adopting ecocentric approach, has declared that endangered species have a
right to live on this earth, just like human beings.8 The Court further explained that Article 21
of the Constitution also cast an obligation on human beings to protect and preserve a species
becoming extinct and preservation of animals is an inseparable part of right to life.

7
UN conference, 1972
8
Centre for Environmental Law, World Wide Fund-India vs Union of India, (2013) 8 SCC 234, 257

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CH.8 SAVE ENDANGERED ANIMALS

If pollution can be controlled all across the globe then it can have a major positive impact on
animals, fish and birds all over the world.

To save the endangered animals from extinction, a number of breeding programmes have been
introduced. The government, NGOs and the other corporate bodies should come forward for this
noble cause as this programme involves dedicated and special people and of course a lot of
money.

Reintroducing the endangered animals to the wild once their numbers increase has become
successful in some cases though all species have not done well.

If hunting and poaching can be controlled then there can be a significant change in the numbers
of the endangered animals.

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CH.9 CONCLUSION

A species is considered endangered if it is at a risk of becoming extinct, which can be due to a

number of reasons, from climate change to human influence to even arguably natural cases.
Factors such as pollution, habitat loss and poaching have led to many animal species becoming
endangered. Examples of endangered animals are lynx, white rhinoceros and tigers. Animals are
a gift to us. Without animals we would not have meat or other food resources. We should protect
them as much as we can by keeping our eco-system healthy. The ecosystem depends on every
living creature no matter how unimportant it may seem to be.

By a species getting extinct, it causes a chain of problems altogether. It can also disturb the
whole of the food chain. So the protection and preservation of endangered species is necessary.

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