National Park vs Wildlife Sanctuary under the Wild Life (Protection) Act, 1972

National parks and wildlife sanctuaries are India's two principal categories of protected areas under the Wild Life (Protection) Act, 1972. Both are declared by the State Government to protect wildlife and its habitat, and in both, destruction of wildlife and habitat is prohibited without a permit. The key difference is the degree of human use allowed: in a sanctuary, certain rights may continue and grazing may be regulated; in a national park, no rights survive and no grazing is permitted. A national park is therefore the stricter, more preservationist category.

1. Wildlife Sanctuary

Under Section 18, the State Government may, by notification, declare its intention to constitute any area (other than one within a reserve forest or territorial waters, which are dealt with under Section 26A) as a sanctuary if it is of adequate ecological, faunal, floral, geomorphological, natural or zoological significance, for the purpose of protecting, propagating or developing wildlife or its environment. The Collector then inquires into and settles rights (Sections 19 to 25): rights may be acquired, allowed to continue, or compensated. A final notification follows (Section 26A). Entry is restricted (Section 27). Under Section 29, no person may destroy, exploit or remove any wildlife (including forest produce), or destroy, damage or divert its habitat, except under a permit of the Chief Wild Life Warden given for the improvement and better management of wildlife with the approval of the State Board for Wildlife (and, for projects, the NBWL). Grazing may be regulated, and rights that have been allowed may continue. The Central Government may also declare sanctuaries (Section 38).

2. National Park

Under Section 35, the State Government may declare an area, whether or not within a sanctuary, as a national park if it is of such ecological, faunal, floral, geomorphological or zoological significance that it needs to be constituted as a national park. The settlement procedure is similar, but once finally notified, no rights of any person may continue (rights must be acquired or extinguished), and under Section 35(7) no grazing of any livestock is permitted. Under Section 35(6), no destruction or removal of wildlife or diversion of habitat is allowed except under a permit, on the same conditions as for sanctuaries. A sanctuary may be upgraded to a national park, but not the reverse without NBWL approval. The Central Government may also declare national parks (Section 38).

3. Key Differences

4. Common Features and Case Law

Both are protected areas under Chapter IV; both require NBWL approval to alter boundaries and for projects (through the Standing Committee); both attract eco-sensitive zones around them; and in both, mining within the area and within one kilometre of the boundary is barred by the Supreme Court (Goa Foundation, 2023; In re Saranda Wildlife Sanctuary, 13 November 2025). Rights of forest dwellers under the Forest Rights Act, 2006 apply in both, and relocation from critical wildlife habitats must follow the FRA's safeguards (Section 4(2)). In Centre for Environmental Law, WWF-India v. Union of India, (2013) 8 SCC 234, the Supreme Court directed the reintroduction of Asiatic lions from Gir to Kuno (then a sanctuary, later a national park), taking an ecocentric view. In T.N. Godavarman proceedings, the Court has repeatedly restrained non-forest activity in and around national parks and sanctuaries.

5. Related Topics and Provisions