Sanctuary
Also called: Wildlife sanctuary
Under Section 2(26) of the Wild Life (Protection) Act, 1972, an area declared a sanctuary by notification under Chapter IV, including a deemed sanctuary under Section 66(4).
Explained
Section 2(26) of the Wild Life (Protection) Act, 1972 defines a sanctuary as an area declared as a sanctuary by notification under Chapter IV of the Act, and includes a deemed sanctuary under Section 66(4). The power ordinarily belongs to the State Government (the Central Government may declare an area transferred to it by the State under Section 38), which may act where the area is of adequate ecological, faunal, floral, geomorphological, natural or zoological significance for protecting, propagating or developing wild life or its environment.
Declaration usually takes two steps. Under Section 18 the State Government notifies its intention to constitute an area, other than one within a reserve forest or the territorial waters, as a sanctuary. From that notification, Section 18A brings the protective provisions of Sections 27 to 33A into force at once, and Section 20 bars the acquisition of any right over the land except by succession. The Collector then inquires into and settles existing rights under Sections 19 to 24, either excluding land or acquiring it. Section 26A provides for the final notification. An area within a reserve forest or territorial waters may be included directly, but for territorial waters the prior concurrence of the Central Government is needed, the limits are fixed in consultation with the Chief Naval Hydrographer, and the interests of local fishermen must be protected. Boundaries may be altered only on the recommendation of the National Board (Section 26A(3)).
Inside a sanctuary, entry and residence are restricted to listed persons or permit holders (Section 27), and no one may destroy, exploit or remove wild life or forest produce, or damage the habitat, except under a permit (Section 29).
The key contrast is with a National Park under Section 35, which gives stronger protection. Grazing of livestock is prohibited outright in a National Park (Section 35(7)), while in a sanctuary the Chief Wild Life Warden may regulate, control or prohibit it (Section 33(d)). A conservation reserve under Section 36A is a lighter category, declared after consulting local communities.
What the law says
(26) “sanctuary” means an area declared as a sanctuary by notification under the provisions of Chapter IV of this Act and shall also include a deemed sanctuary under sub-section (4) of section 66;]
Clause (26) defines sanctuary; clause (21) defines National Park
[(1) The State Government may, by notification, declare its intention to constitute any area other than an area comprised within any reserve forest or the territorial waters as a sanctuary if it considers that such area is of adequate ecological, faunal, floral, geomorphological, natural or zoological significance, for the purpose of protecting, propagating or developing wild life or its environment.]
(2) The notification referred to in sub-section (1) shall specify, as nearly as possible, the situation and limits of such area.
Explanation.—For the purposes of this section, it shall be sufficient to describe the area by roads, rivers, ridges or other well-known or readily intelligible boundaries.
Declaration of intention to constitute a sanctuary
[(1) When the State Government declares its intention under sub-section (1) of section 18 to constitute any area, not comprised within any reserve forest or territorial waters under that sub-section, as a sanctuary, the provisions of sections 27 to 33A (both inclusive) shall come into effect forthwith.
(2) Till such time as the rights of affected persons are finally settled under sections 19 to 24 (both inclusive), the State Government shall make alternative arrangements required for making available fuel, fodder and other forest produce to the persons affected, in terms of their rights as per the Government records.
Protective provisions apply from the Section 18 notification
After the issue of a notification under section 18, no right shall be acquired in, on or over the land comprised within the limits of the area specified in such notification, except by succession, testamentary or intestate.
Bar on accrual of rights after the Section 18 notification
(a) a notification has been issued under section 18 and the period for preferring claims has elapsed, and all claims, if any, made in relation to any land in an area intended to be declared as a sanctuary, have been disposed of by the State Government; or
(b) any area comprised within any reserve forest or any part of the territorial waters, which is considered by the State Government to be of adequate ecological faunal floral geomorphological, natural or zoological significance for the purpose of protecting, propagating or developing wild life or its environment, is to be included in a sanctuary,
the State Government shall issue a notification specifying the limits of the area which shall be comprised within the sanctuary and declare that the said area shall be sanctuary on and from such date as may be specified in the notification:
Final declaration; territorial waters; boundary alteration
(1) Whenever it appears to the State Government that an area, whether within a sanctuary or not, is, by reason of its ecological, faunal, floral, geomorphological or zoological association or importance, needed to be constituted as a National Park for the purpose of protecting, propagating or developing wild life therein or its environment, it may, by notification, declare its intention to constitute such area as a National Park.
[Provided that where any part of the territorial waters is proposed to be included in such National Park, the provisions of section 26A shall, as far as may be, apply in relation to the declaration of a National Park as they apply in relation to the declaration of a sanctuary.]
(2) The notification referred to in sub-section (1) shall define the limits of the area which is intended to be declared as a National Park.
National Park, with a total bar on grazing
(1) Where the State Government leases or otherwise transfers any area under its control, not being an area within a sanctuary, to the Central Government, the Central Government may, if it is satisfied that the conditions specified in section 18 are fulfilled in relation to the area so transferred to it, declare such area, by notification, to be a sanctuary and the provisions of [sections 18 to 35] (both inclusive), 54 and 55 shall apply in relation to such sanctuary as they apply in relation to a sanctuary declared by the State Government.
(2) The Central Government may, if it is satisfied that the conditions specified in section 35 are fulfilled in relation to any area referred to in sub-section (1), whether or not such area has been declared, to be a sanctuary by the Central Government or the State Government, declare such area, by notification, to be a National Park and the provisions of sections 35, 54 and 55 shall apply in relation to such National Park as they apply in relation to a National Park declared by the State Government.
[(2A) The Central Government may, if it is satisfied that the conditions specified in sub-section (1) of section 36A are fulfilled in relation to any area referred to in sub-section (1), declare such area, by notification, to be a conservation reserve and the provisions of sections 36A and 36B shall apply in relation to such conservation reserve as they apply in relation to a conservation reserve declared by the State Government.]
Central Government may declare a sanctuary over an area transferred to it
For the exam
- Declared by the State Government under Chapter IV (Section 2(26) WLPA).
- Section 18 notification of intention; protection under Sections 27 to 33A applies at once (Section 18A).
- After the Section 18 notice, rights are acquired only by succession (Section 20).
- Territorial waters: Central Government concurrence and Chief Naval Hydrographer consulted (Section 26A).
- Grazing may be regulated in a sanctuary but is banned in a National Park.
17 questions in the Law Maker question bank use this term. Practise Environmental Law questions
Related terms
- National ParkUnder Section 2(21) of the Wild Life (Protection) Act, 1972, an area declared a National Park under Section 35 or 38, or deemed so under Section 66(3).
- EnvironmentIncludes water, air and land and the inter-relationship among them and human beings, other living creatures, plants, micro-organism and property. Section 2(a), Environment (Protection) Act, 1986.
- Hazardous substanceUnder Section 2(e) of the Environment (Protection) Act, 1986, any substance or preparation liable, by its chemical properties or handling, to harm humans, other living things, property or the environment.
- The State (Article 12)For Part III of the Constitution, the Government and Parliament of India, the Government and Legislature of each State, and all local or other authorities in India or under the control of the Government of India.
Further reading
Checked 6 November 2026. Statutory text is quoted from the Bare Acts library, taken from India Code. See the full glossary.