The Wildlife (Protection) Act, 1972 was originally focused primarily on fauna, but the 1991 Amendment introduced a dedicated chapter (Chapter IIIA) specifically to protect rare and endangered flora. These are categorized as "Specified Plants" and are listed under Schedule III (formerly Schedule VI) of the Act.
The protection of these plants is enforced through strict prohibitions on cultivation, trade, and possession.
1. Prohibition of Picking, Uprooting, etc. (Section 17A)
The Act imposes a blanket ban on harming specified plants in any forest land or area specified by the Central Government. No person is allowed to:
Pick, uproot, or collect any specified plant from any forest land and any area specified by notification.
Possess, sell, or offer for sale any such plant (or part thereof/derivative).
Transport these plants, whether alive or dead.
Exception: This restriction does not apply to members of Scheduled Tribes who are permitted to collect specified plants for their personal bona fide use within their local area, provided it is not for commercial purposes.
2. Grant of Permit for Special Purposes (Section 17B)
The Chief Wildlife Warden may grant a permit to pick or collect a specified plant for specific, non-commercial reasons:
Education: For use in schools or universities.
Scientific Research: For botanical studies.
Herbarium: For collection in recognized museums or institutions.
Propagation: For cultivation in a controlled environment by a person or institution approved by the Central Government.
3. Cultivation of Specified Plants (Section 17C)
No person is allowed to cultivate a specified plant except under a license granted by the Chief Wildlife Warden or an authorized officer.
This ensures that any "commercial" nursery growing rare orchids or pitcher plants is monitored.
The government can track the source of the plants to ensure they weren't stolen from the wild.
4. Regulation of Trade and Commerce (Section 17D & 17E)
The Act strictly regulates the business of dealing in specified plants:
Licensing for Dealers: No person can engage in the business of selling or out-fitting specified plants without a license.
Declaration of Stock (Section 17E): Every person cultivating or dealing in these plants must declare their stock to the Chief Wildlife Warden. This prevents "illegal laundering" of wild plants into the legal market.
Examples of Specified Plants
Plants listed under the schedules include:
Beddomes' Cycad (Cycas beddomei)
Blue Vanda (Vanda caerulea)
Kuth (Sausurea lappa)
Ladies Slipper Orchids (Paphiopedilum spp.)
Pitcher Plant (Nepenthes khasiana)
Red Vanda (Renanthera imschootiana)
Compliance Framework
| Activity | Legal Status | Authority Required |
| Uprooting from Wild | Prohibited | None (except Tribal bona fide use) |
| Scientific Collection | Permitted | Permit under Section 17B |
| Commercial Cultivation | Regulated | License under Section 17C |
| Sale/Trade | Regulated | License under Section 17D |
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