CHAPTER - II

HISTORICAL DEVELOPMENT OF WILDLIFE

PROTECTION IN INDIA

I. Introduction
At the first sight, history and wildlife do not have
much to do with each other. If we look from the perspective
of a layman, history reminds us of only battles, the
monuments, scriptures etc. and on the other hand wildlife
portrays a picture of National Geographic Channel showing
animals wandering in different parts of the world.
The moment we put them together we begin to
acquaint ourselves with a record of how different groups of
people have interacted in the past with the natural world. In
the present chapter the researcher intends to study the past
and keep an eye on the present as historian and centre on
the present with an eye on the future as an ecological
concern.
India has a rich heritage of wildlife as well as long
history and tradition of conserving it in all the best ways.
Indian mythology is full of references and instances of our
regard and love for wild animals. Since time immemorial
wildlife has been conserved and it has enjoyed privileged
position of protection through religious ideals and
sentiments. The prevalence of wildlife protection movement
has been fairly strong in all the developed societies. The
study of wildlife protection in India may be divided into two
groups -
1 Pre-Independence era
2 Post-Independence era.

26
 II. Pre-Independence era
A. Wildlife Protection in Ancient India
Wildlife management is very old in India. Vedas
contain hymns in praise of animals. Sanatan Dharma have
linked some animals with specific God or Goddess as the
best way of conservation of wildlife for Example python has
been associated with God Vishnu, snake with God Shiva,
swan with Goddess Saraswati, lion with Goddess Durga
rendering the animals pious and protected.^
People in ancient India had recognised the animal's
rights to co-exist with the man and therefore they were
loved, nurtured and even worshiped. Almost every God and
Goddess in our Pantheon is associated with some animals
and the animal is venerated almost as a deity itself. Our
folklore, art and craft reflect our love and reverence for the
animal world. India has a strong tradition of conserving
plants and animals. Many kings and rulers also took
measures to protect the wildlife.2
I. Early Indian literature
a. Position of wildlife in Islamic Texts
The Holy Prophet used to say "whoever is kind to the
creatures of God is kind to him.''^
Even in Islam the reverence of certain animals and
plants were encouraged. Quran (the sacred text of Muslims)
refers to nature as a microcosmic counterpart of itself. The
eighth century Sufi Saint Aziz-al-Nasafi, compares each

1 See B.K.Sharma, Environmental Chemistry: Conservation of wildlife, (2007) p

5.
2 See, S.A.K. Azad, Hunting of wild Animals and its Legal Control in India, A.l.R.
2004, p 210.
3 See, http: / / www. themodemreligion. com / misc / £in / an 1. htm

27
genus of plant and animal to surah in Quran, each species
to a verse and each individual to a letter. '^
b. Position of wildlife in Hindu texts and Hinduism
Ancient Indian texts-the Vedas, Upanishads and the
Puranas have meticulously described and recorded the
'plants wildlife' that surrounded the human habitation and
laid down rules that would guide the interaction between
man and nature. Ancient literature and philosophy is
perhaps the root from where this attitude stems. In ancient
Indian literature the whole theory of creation emphasizes
the obligation of humans to respect their environment.
The ancient Hindu scriptures directed people to
protect their environment. Domestic and wildlife animals
have been worshiped by the Hindus and the Yajur Veda, the
Bridha Samiti, the Yajnavalkya Smriti and the Vishnu
Samhita, all emphasise the need to peacefully co-exist with
animals and serve them.^
The Yajur Veda emphasizes the need to offer prayers to
all life forms especially the cow which till date occupies a
special place in the hearts of all Hindus. In Yajur Veda a
prayer reads, "give us cows that have abundance of milk,
bulls that have full vigor and vitality, horses that can face
challenges of any enemy..."^
Yajur Veda emphasizes that relationship with nature
should not be that of dominion and subjugation but of
mutual respect and kindness.'^

4 Supra note 2
5 See, Sanjay Upadhyay Videh Upadhyay, Forest laws and Environment
(Handbook on environmental Law, Vol. 1, (2002) p235.
6 www.kamat.com Animals of Indian Mythology, exerpted from the Quaterly
journal of the Mythic Society, Vol. (2) J u n e , 1994.
7 See, Vikas Vashishtha, Law and Practice of Environmental Laws, (1999) p5.

28
 A poem in Yajur Veda invokes universal peace with
special mention of the 'Peace of air, peace of earth, peace of
waters, peace of plants and peace of trees'.^
The Varna Purana suggests that planting of trees is an
act of such devotion that it would help man achieve heaven
after death. ^
The Matasya Purana equates the planting of a single
tree to the procreation of the progeny of ten sons. The
Narsimha Purana has gone to the extent of personifying tree
as Brahma (the creator of the Hindu trinity - Creator-
Preserver-Destroyer).Brahma himself assumed animal forms
to beget the earth's creatures. It is said in Sakand Purana
that Peepal tree is supreme of all other trees as Lord Vishnu
is to all other lords. Further the Varah Purana advocates
plantation as a means to achieve heaven.
Vishnudharmasutra says that if you plant a tree it will be
your son in the next generation. In Yajnavalkya Smriti,
cutting trees was a punishable offence. We also find
reference of beautiful forests of Dhandaranya, nandanvana
and khandavana in the holy epic Ramayana and
Mahabharata. Similarly the killing of birds and animals
were strictly prohibited. ^^
Ancient Indian people were aware of the role played by
heredity and environment in the development of an
individual. Their prayer in Bhumi-srikta indicates that they
had intimate knowledge of different animals. "In winter
protect us from the scorpions and snakes that creep in our
dark and moist caves, in rainy season from ferocious boars

8 See, Wildlife in the Himalayan Foothills: Earliest Phase of Wildlife, P.C. Tiwari,
Bhagwati Joshi (1997), Indus Publishing Co., p29.
9 www.indiasite.com/ wildlife, The Philosophy of Indian co-existence.
10 Supra note 7.

29
and bison, in summer from tigers, lions and other man-eating
animals" says the prayer.
The Upanishads contain detailed description of horses
and cattle. In ancient Upanishads it is stated "everything
belongs to God" The Garud Purana contains life history of
fish and turtles. There are also religious books dedicated to
a specific animal - Naga Mahdimya, Nandi-purdoa,
Mayiratrahimya and Pashu-puriltia is few of them. These
writings are older than other scriptures of the world; they
contain very modern concept such as origin of life, organic
evolution and environmental science.
India's wildlife has been the subject of numerous other
tales and fables such as Panchatantra and Buddhist Jataka
tales. Two thousand year old Panchatantra contains
numerous stories in which the animals have been given
prominence. Even today, children as well as adults find
great excitement in reading these animal stories. Talkative
turtle, stupid frog, rat and lion stories are too well known.
Similarly, all grandma stories have crows, sparrows, snakes
as main characters. The court poets have written numerous
collections in which the animal life has been described in
minute details.
Kalidasa and Bana give a vivid picture of a variety of
animals that lived together at Ashrams. Buddhist Jataka
stories attach great importance to rebirth. The elephants
and monkeys came across a variety of animals in different
re-births.
Snakes have also find a place in the Buddhist Jataka
stories which talk of them as having gathered around

30
Buddha's mother to help with the birth of Siddhartha, the
to be Buddha.11
Restriction on hunting is the earlier measure adopted
for protection of wildlife. Manusmriti condemned hunting as
a heinous act and directed the king and the kshatriyas to
forbear from hunting. 12
In sacred Indian literatures, Gita, Ramayana and
Mahabharata say that we should show mercy and sympathy
to all living things and avoid cruelty to men and animals. "I
look upon all the creatures equally; none are less dear to
me and none more dear. So across the civilised world
animal rights are preached. One should treat animals like
one's own son.''^^
i. Wildlife in Epic Ramayana
During vanvasa, Lord Rama developed special
relations with different animals such as Jatayu, Sugriva,
Hanuman, deers and monkeys. Kishkinda of Ramayana now
known as Hampi has good population of monkeys even
today.
Rama and Lakshmana sacrificed that most essential of
sacrificial animals, the black buck when they built their
home in the forest. Lakshmana made sure the animal was
killed but left with its limbs intact to be cooked, boiled and
only then offered to the Gods.i'*
While the tiger, elephant and snakes have earned their
veneration thanks to the awe they inspired, the monkey God
Hanuman probably gained prominence with the increasing
popularity of the epic Ramayana. In the Ramayana,

11 Supra note 6.
12 See, A. Prassanna, Legal protection of wildlife, Cochin University Law Review,
(19961 Mar-Jun; 20, p 49.
13 www.goecities.com/spiritualVegas/ Articles, p i
14 See, Mahesh Rangarajan, India's Wildlife History, (2001), p. 2

31
Hanuman is portrayed as the loyal companion of Rama, the
incarnation of Vishnu (the preserver), who he accompanied
on a mission to Lanka to rescue Rama's wife, Sita. The
Ramayana depicts him as a protector of the innocent and
talks much about the might of Hanuman who once flew up
to grasp Sun thinking it was an apple and also moved
mountain. Such is the love for Hanuman that hunting
monkeys has become a taboo throughout Asia and langur
named after him, is worshiped and protected.
A squirrel was trying to help in its little way to build a
great bridge over the almighty sea in order to allow Rama to
cross over to Lanka to fight his enemy. A member of Rama's
army saw the squirrel and laughed at the little creature.
The poor squirrel was so upset that it began crying and it
was then that Rama picked it up and stroked it gently
admiring its efforts. The strips found on the squirrels back
are said to be the impression of Rama's fingers.
|ii) Wildlife during Mahabharta
Gods and legendary men had pets, or animals they just
happened to have patted once, but that were enough to
make Hindus respect them. Yudhisthira, one of the main
characters in the great epic Mahabharata is said to have
been accompanied to heaven by his dog. ^^
Lord Krishna was also an animal lover. In order to
protect animals that he loved, from heavy rains and
thunderstorm; he lifted a huge mountain and came to be
known as Govardhan Giridhari.i^
In Mahabharta, Rishis and Munis have been indicated
to conserve wildlife fauna such as deer and birds around
their ashrams.

15 See, supra note 9.

16 See, supra note 6.
32
c. Indian Mythology
The Vedas, upanishads, smrities, dharmashastras,
puranas, our epics-the Ramayana and the Mahabharata -in
short , all our mythological literature reveal that, "Air,
water, land , sky, trees, animals are all creations of God
and He dwells in all of them; to worship them is to worship
Him, the creator of Universe." The most important aspact of
Hindu theology is the association accorded to different
species with reincarnation and deities and it is believed that
the Supreme Being actually gets Himself incarnated in the
form of various species. ^'^
In Hinduism plants and animals were associated with
gods if not given godlike status. Tree worship gained
importance and from this emerged the concept of 'sacred
groves' a concept that was here to stay for a long-long time
to come.^^ In order to impress upon commoners about their
importance, the animals were given the status of God and
Goddesses. They declared that Almighty incarnates in
different animal forms. The kings and the emperors opted
different animals in their emblems. Many festivals were and
are observed in honour of several animals. The rulers gave
them prime position in art and architecture.^^
d. Animal Worship
Among the animals the more awesome ones like tiger,
elephant and snake and the ones with which interaction was
more, like the monkey, got more God like status. But the
rest didn't go unnoticed, for almost every animal, big or
small, was under the benevolence of a God. The stories of
admiration of these animals Gods are still alive through

17 See, M. Vishwanath, Wildlife Protection and the Law: A comment on Project

Tiger, The Bangalore Law Journal, Vol. 1(2006), p p 6 0 - 6 1 .
18 Supra note 9.
19 Supra note 6.

33
religion in almost the country giving enough reason to the
believer to protect them.20
The activities of ancient Indians were woven around
the animals. Their vast knowledge has been recorded in the
scriptures of the time.
Without any scientific aids, the Indians calculated that
the animals came into existence 43,20,000 years ago. They
divided this period into 4 eras - the Satya-yuga lasted for
17,28,000 years; followed by Treta-yuga lasting for
12,96,000 years. The Dwapar-yuga was 8,64,000 years long,
whereas Kaliyuga will be 4,33,000 years long.
The Indians also had the concept that any animal can
be reproduced and evolved only from pre-existing animal,
which is also the hypothesis on which organic evolution
theory relies.
The concept of Dashavtara of Lord Vishnu in a way
represents the organic evolution theory. In order to indicate
the aquatic origin of animals, the lord incarnates in the
form of a Matasya, a fish.
An amphibious animal Kuruma, a turtle, follows this.
Third incarnation is Varaha a boar, which is completely a
terrestrial animal. Narsimha represents a beast's attempt to
attain a human form. In Vamanavtara, a pigmy human
being is represented. In Parshurama tremendous physical
strength could be recognised.
In Ramachandra, one can identify perfect human
qualities. Krishna is a savior of our environment. Kalki

20 See, supra note 9.

34
represents our own destruction of giving scant attention to
our fauna and environment.21
Several ancient animal deities were also incorporated
into the new pantheon. Half- animal and half- human
deities evolved, melding old idols with Aryan gods. Sacred
animals also became the mounts (vahanas) of various Hindu
Gods.
• TIGER

The tiger has been loved, feared and worshiped

throughout India for centuries. It is seen as a brother, a
protector, a fertility symbol, and a destroyer of all evil and
the guardian of jungles. Durga, the Hindu Goddess who
fights all evils is always depicted as riding a tiger or a lion
making them comrades in her mission against evil.
• ELEPHANT

Another animal that has an overwhelming presence in

the sub-continent is the elephant. It has also been able to
secure a predominant status in religion and mythology of
both Hindu and Buddhist.
It is well known among Buddhists that Queen Maya,
the mother of Gautam Buddha is believed to have seen a
white elephant in her dream before she gave birth to
Buddha.
The elephant God Ganesha is worshipped throughout
the country as the son of Shiva and for the removal of
obstacles. The elephant- headed God of wisdom, hailed as
the remover of all obstacles, is a major and exceedingly
popular deity. He is invoked at the start of all rituals and
before any major undertaking. According to a Hindu myth, a
21 Indian Wildlife: Animals in M3rthology, Art and Folklore, Samnel Israel and
Toby Sinclair, (1987), p 28.

35
legendary white elephant Airavat was created during the
Churning of the ocean of milk that consequently led to
creation of earth. Airavat was seen as a source of all life
forms.
Indra, king of the lesser gods and lord of rain, rides
the elephant Airavat. Also allied with Laxmi, Goddess of
prosperity, elephants were frequently sculpted or painted
pouring the 'fertilizing waters of life' over her.
<* Naga- the Serpent
The naga or serpent is one of the most popular figures
that are frequently mentioned in Indian mythology.
Innumerable references to the legendary nagas can be found
in the ancient texts. The cobra is closely related to Shiva
and serpents are seen adorning Shiva's neck.
Nagapanchami is an annual festival celebrated in
honour of serpents. Sheshnag dedicated himself in the
service of Lord Vishnu. When Vishnu incarnated as Krishna,
Sheshnag accompanied him as Balrama. Krishna, a human
incarnation of Vishnu, is regularly represented sheltered by
the multiple hoods of the snake- demon Kaliya.
• MOUSE
Protection under religion is offered to all including the
'lesser animals'. Even our little mouse is under the
benevolence of a mighty God. The mouse is the mount of
Ganesha, the elephant headed God. Mounts are a popular
way of associating Gods and animals. Shiva's mount is
Nandi, the bull, while Vishnu rides the eagle, Garuda. Both
Nandi and Garuda have been graded as Gods because of
this.
Creatures like fish, boar and tortoise might sound
irrelevant to many but according to Vedas they are divine.

36
As we know Vishnu h a s been credited with as m a n y as 10
i n c a r n a t i o n s t h a t he a s s u m e d to a s s i s t m a n in his struggle
a g a i n s t evil. Of these ten i n c a r n a t i o n s the first t h r e e were
t h a t of Matasya (the fish), Kurma (tortoise) and Varaha (the
boar) respectively.

<* BIRDS

The peacock serves as a vehicle for Kartikeya (War

God). Pigeons are the favorite a n i m a l s of Kamadeva and
Yamraja. Herons are associated with Kaushi Kamini.
Goddess S a r a s w a t i rides a swan. The crow is very well
viewed with h a p p e n i n g s of heaven and hence people who
wish to go to p a r a d i s e try to please it. The p e a c o c k ' s ability
to foretell rain by dancing at the first a p p e a r a n c e of c l o u d s ,
as well as its prolific breeding, a s s o c i a t e d it with fertility.

Worshipped as an i n c a r n a t i o n of the goddess Parvati,

consort of Shiva, the Kokil or Cuckoo is v e n e r a t e d by women
d u r i n g a m o n t h long festival held every twenty y e a r s . Its
p r e s e n c e and also its soothing call are a s s o c i a t e d with
l a n g u o r o u s s u m m e r days. The pigeon a n d the owl are said
to be m e s s e n g e r s of Yama, God of d e a t h . The v u l t u r e a n d
other birds of prey are also considered of ill omen a l t h o u g h
they are sometimes presented with the goddess in her
destructive aspect.

Garuda is an e x t r a o r d i n a r y son of Kashyap a n d Vinata.

At the time of his birth his glowing face m a d e the people
t h i n k t h a t he is God Agni Himself. The s n a k e s are his
favorite snacks. Jatayu and Samprathi are G a r u d ' s two
offsprings. Vishnu s o a r s above the e a r t h on G a r u d a , the
golden eagle- hawk, who is swifter t h a n the wind and the
sworn enemy of s n a k e s . He h a s the head, wings a n d t a l o n s
of a bird but the body of a m a n . A s e n s e of power a n d
s t r e n g t h is always evident in depictions of G a r u d a .

37
 Brahma's mount is the Hansa, variously interpreted as
a swan or goose. The bird was later associated with
Saraswati, the goddess of learning.22
*> DEER

Deer is associated with innumerable stories. Maricha

assumes the form of a golden deer in order to attract Sita
Devi. Lord Shiva gets wrapped up in deer skin. Vayu's
Chariot is pulled by a pair of deer. Rishya-shringa was born
to a deer which lapped up semen of Vibhandaka. Musk deer
(Kasturi-mriga) is nearest relative of deer.
• COWS

Cows are Lord Krishna's favorite. Yamadharmaraja

always ride a male water buffalo whenever he intends to
visit the earth. Mahishsuramardini is celebrated with all
pomp and show, all over the country.
<* HORSES

Indra employs Ucchaishrava, a snow white horse as his

vehicle. Later he changed to Airavata, an elephant with
multiple trunks. Sun God's Chariot is pulled by seven red
horses.
The river goddesses, Ganga and Yamuna, were
appropriately mounted on a tortoise and a crocodile
respectively. The fish, the symbol of fertility, as were all
aquatic creatures, was related to the god of love, Kama, and
often emblazoned on his banner. His consort, Rati (passion),
was usually represented with a parrot. Commonly portrayed
in erotic sculpture, this bird also indicated the mood of
love.

22 Ibid.

38
 The emperors, kings and queens adopted different
animals as their emblems. The Gangas of Talkadu opted for
an elephant, whereas a lion was Kadamba's choice.
Hoysalas emblem has a tiger whereas the Vijayanagara
kings settled for a boar. These emblems were printed on the
flag that were hoisted at the time of different religious
functions. Lions of different denominations were minted by
embossing these emblems. These emblems were also
displayed prominently on temples, forts and palaces.^3
e. Animals Rights
Concern for animal suffering is not new. Developed
around 1500 B.C., some of the most ancient of all works of
philosophy and religion, the Indian Vedas, denounce meat
eating because of the injury and death it brings to animals.
The religion of Jains, which dates from about 500 B.C.
teaches that non-violence is a guide to all of morality. Jains
also looked after sick and injured animals thousands of
years before animal shelters were thought of in Europe.
The Gita says, " your concern is with action, but not
with the fruits thereof. It is a saying that all deeds and
actions should be performed by men and women as an
offspring to the God and these deeds and actions include the
animal kingdom. Vasudeva Krishna inquired about the
welfare of the animals, because they were protected. Exactly
in the manner of one's children. One should see to the peace
and comfort of his fellow men and animals."
Good men extend their pity, even unto the most
despicable animals. He who does not eat meat becomes dear
to men and will not be tormented by disease. He who
permits the slaughter of animals, he who kills it, he who cut

23 See, supra note 6.

39
it up, he who sells or buys meat, he who cooks it, he who
serves it up and he who eats, are all slayers.
He who desires to augment his own flesh by eating the
flesh of other creatures lives in misery in whatever species
he may take his birth. ^4
B. Wildlife Protection during Medieval India
Archeological evidences in the form of animal remains
give us an idea about the changes that took place in the
land, in past centuries. There is no doubt that there were
several sites in India where rice was being cultivated or
collected several centuries before the birth of Christ and
cereals-eating, often went together.^s
Long before the times referred to by the Sanskrit texts,
wild animals were a major source of meats in various sites
of the Harrappan civilisation. Over 1000 sites across north-
western India dating before 1700 B.C. have been located or
studied. A range of bones of wildlife including the chital,
hare, jackal, the great Indian one-horned rhino, wild ass
and elephants have been found. These make up upto a fifth
of the animal remains in many sites in the Indus valley. In
western Indian sites, most seeds found in the old dwellings
are of wild plant species not extinct in the region. Some
changes in faunal and floral distribution were probably the
result of climatic shifts. Others may have been due to the
impact of early humans. ^6
The rhinoceros existed in the plains of the Indus valley
in the vicinity of Mohan-jo-Daro five thousand years ago.27
The swamp deer or Barasingha was found in Mehrgarh in

24 www. geocities. com / spritual Vegas/Articles, p. 1.

25 See, supra note 14, p. 4.
26 Ibid.
27 See, Gopal Bhargav, Environmental Challenges and Ecological Disaster,
(1992), p l 3 3 .

40
Baluchistan till around 800 B.C. Its local extinction was
probably a result of over-hunting and cultivation of the
riverside habitat. One reason was the sheer immensity of
the forest; iron tools and fire are often celebrated in the
Sanskrit texts as being responsible for replacing jungle with
farmland, and nature with culture. There is no doubt that
cultivation, domestication, the taming of animals like the
elephant and the rooster the water buffalo and the zebra
cow were major landmarks, ^s
The environmental protection has been an important
fact of Hindu way of life. This ancient tradition has been
followed in civilisations of Mohanjo-Daro, Harrappa and
Channudare and perished in India in between 2000 and
5000 B.C.29
Mauryans came to establish their rule in India around
third century B.C. They wanted elephants extensively in
warfare instead of horses because they were easy to catch
and tame. The protection of elephants became serious
business by the time of Mauryan rulers such as Ashoka.
In the later part of his reign, Ashoka brought about
significant changes in his style of governance. Embracing
Buddhism, he protected many birds 86 animals, even giving
up the royal hunt, ^o
Efforts at protection of wildlife in India seem to have
been initiated as far back as 242 B.C. when Ashoka passed
laws for the protection of forests, birds and animals.^^ The
earliest codified law traces back to the third century BC
when king Ashoka made a law in the matter of preservation

28 Supra note 14. p 4.

29 See, Vikas Vashishtha, Law and Practice of Environmental Laws, 1999, p.6.
30 See, supra note 14, p8
31 See, Nandan Nelivigi,, Biodiversity, Wildlife & Protected Areas Management in
India : A People Centered Approach, 37 JILl (1995).

41
of wildlife and environment, where he prohibited killing of
certain species of animals such as parrots, ruddy geese,
rhinicerous etc.^^
Emperor Ashoka, the greatest and noblest ruler of
India has extended complete protection to living beings
including animals and birds.33
Ashoka was aware of the limits of his power over the
forest tribes, who were warned that his patience was not
limitless. A ban on hunting, fishing and forest fires was not
impossible to enforce. Not only had the people in the forests
but even the cultivators probably slew animals routinely.
The impact that there was fine of 100 panas or coins for
poaching deer in forest, set aside for the king, shows that
rule breakers did exist.34
The fifth pillar edict proclaimed how, "our king killed
very few animals." Ashoka's Edicts- "I have enforced the law
against killing certain animals and many others, but the
greatest righteousness among men come from the
exhortation in favour of non-injury to life and abstention
from killing living beings."35

Ashoka depicted exemplary compassion for wildlife.

Substantially, he curtailed the consumption of non-
vegetarian food by the royal palace. What was most unique
of him, he provided medical facilities to animals even
beyond the territories of his own empire. During later part
of his regime, he had completely prohibited killing of certain
species of creatures.36

32 See, Sanjay Upadhyay, Videh Upadhyay, Forest Laws, Wildlife Laws and the
Environment, (2002), p227.
33 See, H. S. Singh, Principles of Environment Conservation, (1989), p. 123.
34 See, supra note 14, p. 8.
35 See, s u p r a note 24.
36 See, Ashok A. Desai, Environmental J u r i s p r u d e n c e (2002), p. 16.

42
 Wildlife experts quote Ashoka edicts on guardianship
of animals in their attempt to stop the killing of endangered
species. Emperor Ashoka brought game laws under the
category of Dharmaniyamas or the 'Law of Piety'. He
prohibited killing of certain species of birds, fishes and wild
animals throughout his empire and all classes of living
creatures on certain specified days; there was also
prohibition for killing primates and carnivorous animals for
a total period of 72 days in a lunar year. All hunters,
trappers, bird catchers and fishermen were strictly ordered
to obey the royal injunctions prohibiting slaughter.37
Emperor Ashoka set up sanctuaries for wild animals
and it was perhaps the first governmental decree that
conserved protection of animals.
The Arthshastra is divided into 14 books that discuss a
wide range of subjects, including administration, law,
industry, commerce and foreign policy. It was written
during 321 and 300 BC.^^ in Arthashastra, certain forests
called Abhyaranya^^, with game beasts open to all were
specially protected."^o
Kautilya'^i in his Arthshastra exhaustively dealt with
the question of environment protection. The rules mandated
the rulers to protect forests and animals. They required to
setup new forests preferably on the boundaries of State.
Rulers provided protection of wildlife. They also prohibited

37 See, A. Prasanna, Legal Protection of Wildlife, Cochin University Law Review,

(1996), p50.
38 See,Divan, Rozencranz, Environmental law and policy in India, (2001), p. 23.
39 Abhayaranya in some measure can claim to be the forerunners of the m o d e m
day National Parks.
40 Supra note, 32.
41 Prime Minister of the empire of Magadha during the regime of Chandragupta
Maurya.

43
killing or injuring certain animals and birds. Severe penalty
was prescribed for offenders.'^^
C. Wildlife during Mugal Regime
It has been authoritatively opined that the mugal
emperors from the thirteenth to the sixteenth century were
famous as hunters. Akbar the great is said to have kept one
thousand trained Cheetahs with which to hunt antelopes,
and his successor shot, among other animals, a total of 889
nilgai and as an illustration, it may be noted that 'the great
Indian rhinoceros' ,which was hunted in the Indus valley by
the mugal as late as 1519.'*3
During Mugal period, a significant contribution from
the point of view of environment conservation has been the
establishment of magnificent gardens, fruit orchards and
green parks, round about the emperor's palace, central and
provincial headquarters etc.
In addition, the religious policy of Akbar based on
principle of complete tolerance also reflects concern for
protection for birds and beasts in so much so as endeavours
were taken during his reign to stop their unnecessary
killing.44

In 1634 the Mugal Ruler Shah J a h a n chose to hunt at

Palam. In one day, he himself shot forty black antelopes
with the royal gun. As in previous ages, the hunt was more
than a means to tone the body, to test one's nerves and
leave the fine art of stalking, killing ferocious beasts or the
deer that raided corn were acts of religious merit.^s

42 Ashok A. Desai, EnvironmentalJurisprudence,(2002), p. 15.

43 Supra note 32.
44 Vikas Vashishtha , Law and Practice of Environmental Laws,(1999), p. 6.
45 See, supra note 14, p. 12.

44
 Birds and animals have been a part of our mythology,
folklore, epics and literature since time immemorial. The
Mugal court patronised the use of birds and animals as
essential elements in the composition of landscapes and
portraiture.
The painters of Rajputana and Pahari schools also
used animals and birds freely in their creations. Take, for
instance, the book 'Flora and Fauna in Mugal Art.' Its jacket
is adorned by a magnificent portrait of a black buck.'*^
The Mugal Emperor exhibited deep interest in wild life
of India during medieval period. They have created hunting
reserves called 'shikargaha' for protection and preservation
of game animals.'^'^
In the first 12 years of his reign alone, Jahangir killed
over 17,000 animals. These include as many as 889 nilgai,
86 tigers and lions and 1,670 gazelle and antelope. The
hunt was not only means to put fresh meat on the plate, it
also symbolised the ability of the ruler to overcome 'noxious
animals' - a term used by Jahangir for a huge tiger he killed
near the fort of Mandu. The success or failure of a h u n t on
the eve of a major military expedition was taken as an omen
of what lay ahead. Babur wrote of 'great masses' of rhinos
between the Indus River and the city of Bhira. There was a
flourishing trade in rhino horn cups, which was said to be
useful in detecting poison.••^
During the days of mugals in India, wildlife provided
magnificent sport and excitement for the nobility of time.
Babur was a great nature lover and highly concerned with
preserving the trees and wild animals. The emperor

46 The Tribune, June 18, 2005.

47 See, supra note 1, p. 5.
48 See, supra note 14, p. 14.

45
Jahangir was a naturalist and has left a remarkable record
of his observations of birds and animals and his memoirs
contain descriptions which, for their accuracy and great
insight have won the admiration of latter- day naturalists.
His description of the now extinct bird, Dodo, is the only
evidence in this subcontinent of observation of the bird. His
observation on birds was as close and scientific as that of
the modern bird watchers."*^
It is interesting to note that the Emperor Akbar used
to maintain a contingent of a thousand cheetahs trained to
hunt. The Cheetah is now extinct in India. The last three
surviving cheetahs were spotted and shot dead at night in
1947 in the north of Bastar, Madhya Pradesh.
In 1398, invader Timur killed many rhinos in areas
near the present day border of Kashmir. The rhinoceros is
now found only in certain parts of Nepal, West Bengal and
Assam.
Although the Maharajas and Nawabs of former times
realised the importance of wildlife conservation, they also
indulged in killing wild animals to satisfy their lust for
sport. ^° There was a time when hunting was considered as a
royal game^^. It was the duty of the king to destroy ferocious
animals so as to save his subjects from their attack.
Elephants and horses were used in battles and killed in
large numbers.^^

49 See, Wildlife in the Himalayan Foothills: Earliest Phase of Wildlife, P.C. Tiwari,
Bhagwati J o s h i (1997), Indus Publishing Co., p30.
50 Gopal Bhargava., Environmental Challenges Ss Ecological Disaster, (1992), pp.
133-134.
51 Hunting of cheetahs and tigers was a favorite past time of the nobility in India
since very early days. One maharaja is known to have killed 616 tigers during
his life time, while another holds the record over 1100 tigers. It is also reported
that the mugal Emperor Baber often killed wild animals including rhinoceros
in the course of his expeditions in North India.
52 See Supra note 37, p47-48.

46
D. Wildlife Protection during British India.
The mugal period witnessed a steady decline in wildlife
population due to lack of legal control on hunting. Despite
this, there was an abundance of wildlife in India before the
commencement of British rule in the country. Within two
decades of defeating the rulers of Bengal in the historic
Battle of Palasi in 1757, the British decreed special rewards
for any tiger killed.
Part of the British animosity to the forest and its wild
inhabitants stemmed from the situation in Bengal, the very
first reign of India they conquered. Much of eastern India
suffered a major famine around 1770, with one in three
people dying. As a result of the massive mortality, large
areas of farmland remained uncultivated and reunited to
jungle.
Fewer tigers meant more cultivation and more revenue,
their elimination a blessing of imperium after the
elimination of an oriental despot. Larger rewards were given
out for killing tigresses and special prizes for finishing off
cubs.53

The slaughter of deer and boar by sahibs or villagers

out to get extra meat reduced the base of prey for wild
carnivores. The rhino and wild buffalo, major prey items,
vanished from the north Bengal plains by the 1850; in the
drier regions, the nilgai became scarce.
Colonial strictures against the annual h u n t s of the
santhal tribals removed a major check on wild animal
population. In 1870s' local practices across British-ruled
territories were evaluated and the Government of India

53 Supra note 14, p. 23.

47
worked hard to assess the best method of exterminating
wild animals.
In the Madras Presidency, Collectors paid out 25
rupees for each specimen. The Maharao of Kotah in
Rajasthan awarded anyone who killed a lion, 25 rupees,
more than twice what he gave for the head of a tiger.
By 1920, the lion was extinct in British India and only
survived in Princely States of Saurashtra. The Cheetah was
already in serious decline, and perhaps found no refuge
because it was not a key trophy animal.
Over 80,000 tigers, more than 150,000 leopards and
2,00,000 wolves were slaughtered in the fifty years from
1875 to 1925.54
It is a matter of great concern that during 18*^ and
19th countries, the British rulers and some Indian rulers
have caused ruthless destruction of Indian wildlife for food,
recreation, hide, horn, musk, etc. and also the deforestation
(i.e. the act of destruction of natural abode of game
animals), for the constructions of highways, railways, dams,
human dwellings and many other similar purposes.^s
India with its abundant wildlife held fascination for all
who ruled this country and hunting game was popular with
princes land owners and other gentry alike. The Nawab of
Junagarh made the hunting of lion an exclusive sport meant
only for a 'chosen' few Elephants were meant of be captured
alive because they were used in warfare.
With the advent of the British Raj, hunting for sport
gained more popularity, from the historical point of view
this era heralded the death toll of India's wildlife. An

54 Ibid.
55 See, supra note 1, p.5-6.

48
account of duck shoot gives a grand total of 3511 birds
being killed in one day.^^ While undoubtedly big game
hunting in the Raj was usually indulged in for the sake of
an ostentatious display of sportsmanship, in the case of
elephants the idea of hunting moved beyond the
consideration of mere game and achievement of physical
prowess alone. British conceptions of the elephant as sport
transformed with the changing value of the animal. The
shikar of the elephants assumed a very different meaning
than the general nature of field sport that the British
indulged in throughout the 19^^ century. After Sir Sydney
Cotton's words on the importance of an elephant in military
operations, the elephants became an indispensable item of
warfare despite the modern innovation of artillery.^^
The British army officials, civil servants and tea
planters in India were also fond of hunting using high
powered weapons. Shooting of tigers was a popular game in
India for years. Deforestation and the consequent loss of
habitat continued to endanger the lives of many wild
animals and birds. High demands for goods made of tusks,
skin and horns^^ of animals coupled with development of
taxidermy contributed to faster pace of destruction of
wildlife. It is only when many species reached the stage of
extinction that strategies were evolved for their protection.^^

56 Mahesh Rangarajan (ed.), The Oxford Anthology of Indian Wildlife : Hunting

and Shooting (Vol I); Mahesh Rangarajan (ed.), Watching 8s Conserving (Vol. II)
57 See, Natasha Nongbri, Elephant Hunting in Late 19u» Century North- East
India, Economic a n d PoUtical Weekly, July26, 2003, p 3190.
58 Rhinoceros and elephants are h u n t for their valuable tusks. The snakes,
crocodiles a n d other animals are caught for their valuable skin.
59 Supra note 37, pp48-49.

49
II. Post -Independence Era.
A. Preservation of Wildlife after Independence
The fall of British Raj in India heralded a new era in
the history of wildlife. However, some effects of Raj still
lingered and hunting was prevalent till 1960s'. The advent
of automobiles, long range rifles and other implements of
'modern civilisation' helped to further hasten the decline of
India's wildlife.
During the British Colonial rule whatever was a
common property for common good available to nearby
community freely was used by the colonial rulers solely for
the government revenue needs, be it land, forests, wildlife
species or common grazing pastures. This resulted in
exploitation of the local people under the guise of
sovereignty. Indeed independence ushered in an era of
freedom from restraints, especially in regard to killing of
wild animals. Rejecting shooting regulations, the
government in its drive to protect crops from depredations
of wild animals issued guns freely to farmers and others- an
action which literally led to large scale destruction of wild
animals. The cheetah is extinct- the last having been shot
in 1951. From 1947 to 1951, the destruction of wildlife
everywhere and by everyone continued.^<^

With the rulers of princely States having lost their

power and control, poachers with scant regard for the rules
and regulations of the forest department indulged in
indiscriminate shooting of wild animals. By the time

60 See, S.N.Dhyani, Wildlife management: Wildlife Protection Legislation, (1994) p

45.

50
Government took up the cause of wildlife, irreparable
damage had already been done.^^
Unfortunately, during the recent turbulent history of
India much of the tradition has been lost. Extensive hunting
by the British and Indian Rajas, large scale clearing of
forests for agriculture, availability of guns, poaching, strong
pesticides and the ever increasing population have had
disastrous effects on India's environment. In the past few
decades the government has taken serious steps towards
environmental management and has established over 350
parks, sanctuaries and reserves.^2
The appreciation of faunal wealth in urban areas was
encouraged in people by one of the earliest documentation
on the birds of Delhi by British Officer, Major General
Hutson and published in 1854.
Wildlife in India is at present in a crisis. Along with
the increasing population the increasing commercial
interest pose a bigger threat that wildlife faces in the
country.^3
The bigger crisis is from the conflict between the local
communities and the authorities that are meant to protect
wildlife. With the setting up of the Colonial Forest
Department and the establishment of the Wildlife
(Protection) Act in 1972, the local communities probably got
the worse deal. Wildlife sanctuaries and National Parks,
established for the protection of wildlife, limited the local
communities' access to these areas that were their main
stay for fodder, fuel-wood, food and medicines. Local people

61 See, supra note 50, p. 134.

62 www.indiatrends.com/nature
63 See, supra note 56.

51
have been seen as intruders, poachers and destroyers of
wildlife.
Wildlife in India has deep cultural and religious
significance. Communities in the different parts of the
country still protect wildlife species for their religious and
cultural significance.^'*
The Bishnoi community deserves a special mention
here. A Bishnoi will not burn wood until it is free of all
insect life. They have a unique relationship of love with the
black buck and have often risked their lives to save the
black buck from poachers.^^
Five hundred years ago the seeds of a unique
conservation movement were sown when Guru Jambheshwar
launched a new faith, known as Bishnoi. There are simple
day-to-day living and way of life which constitute the
highest code of conduct which in all are numerically 29-
linguistically in local dialect- described Bishnoi and those
who follow and adhere to these principles are known as
Bishnoi.66 Five centuries have since lapsed but these
remarkable people still conserve flora and fauna in their
area with fervent zeal. Be it black buck or the spotted deer,
the great Indian bustard or the partridge, all enjoy life in a
fearless environment around Bishnoi villages.^7
B. Legislation on Wildlife Preservation in India
The cause of wildlife preservation in India has been
sustained through legend and history. Every God and
Goddess of Hindu mythology has his or her favourite animal
immortalised in scriptures, sculptures and paintings.

64 Ibid.
65 The Philosophy of Indian Coexistence-www.indiasite.com/wildlife.
66 See supra note 60.
67 The Tribune, June 18, 2005.

52
Kautilya laid down the first recorded game laws of history in
the third century B.C.^^
The earliest efforts for protection of wildlife seem to
have been limited only to individual species rather than
their habitats. Although Indian Forest Act, 1878 for the first
time attempted to protect certain patches of Government
owned forests by declaring them as reserved forests.^^
Realising the importance of wildlife resources and in
order to prevent its depletion many legislations have been
enacted by Central Government as well as by the State
Governments.'^0 It was in the year 1972, about twenty five
years after independence, when the legal remedies could
actually be imposed through the passing and enforcement of
the Wildlife Protection Act.
In the coming chapter the laws related to the wildlife
in the Constitution are described. Along with this an
account of International Conventions based on Protection of
Wild Fauna and Flora is given.

68 See, Supra note 50.

69 See, Supra note 3 1 .
70 The Madras Wild Elephant Preservation Act, 1873; the All India Elephant
Preservation Act, 1879; the Wild Birds a n d Animals Protection Act, 1912; the
Bengal Rhinoceros Preservation Act, 1932; the Assam Rhinoceros Preservation
Act, 1954; the All India Wildlife Protection Act, 1972; the Setting u p of and
Indian Board of Wildlife, 1952; the Creation of Wildlife Parks a n d Sanctuaries -
Convention on International Trade in Endangered Species of F a u n a and Flora,
(CITES) 1976; Launching a National Component of the UNESCO's Man a n d
Biosphere Programme, 1971; Starting Programme on Conservation of Projects
for Individuals Endangered Species Like Lion, 1972; Tiger, 1973; Crocodiles,
1954; and Brown Antlered Deer 1981.

53