There are certain drawbacks of the Acts due to which the Government has faces different problems in their enforcement. They are discussed as below:
i. The offenders of the Wildlife (Protection) Act are not subjected to vary harsh punishment. The offender can be fined of Rs. 25,000 or imprisoned for 3 years or both which is not enough to deal with the poachers and wild life traders.
ii. The Jammu & Kashmir state has its own Wildlife Act which does not follow the Central Wildlife Act and hunting and trading of several endangered species which are prohibited in other states are allowed in J&K. As a result the wildlife traders can get wildlife articles illegally from other state.
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iii. In Wildlife (Protection) Act the ownership certificates for animal articles (like tiger, leopard skin etc.) are permissible which very often serve as a tool for illegal trading.
iv. Since the Chairman and Members of the Board are often drawn either from forest services or administrative services, they don’t have technical background in pollution control and they find difficulties in providing proper guidance to their subordinate.
v. To enforce the punishment to the polluters the State Pollution Control Board has to file a case in the lower court and due to insufficient availability of time and over work load the lower courts are not able to solve the cases on time and it result a number of cases pending for years.
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vi. Due to lack of the sufficient equipment’s the Pollution Control Boards are not able to investigating, suggesting for remedial measure and monitoring the implementation wherever required.
vii. The pollution Control Boards are expected to function as statutory autonomous bodies, but due to over dependence on the Government for their existence they cannot function properly.
viii. Due to insufficient funds the Pollution Control Boards are not able to pursue the legal actions.