This article is written by Ms. GULFASHA BANU WAHID KHAN, a Second year BA.LLB Student from HVPS COLLEGE OF LAW.
INTRODUCTION
Wildlife trafficking is the illegal trade of wild animals and plants, either as dead or live specimens, or their parts. It has a huge negative effect on the world’s environment, biodiversity, economies, governance, and health. As one of the 17 megadiverse countries of world, India acts as a source as well as transit country to meet the growing appetite for illegal wildlife products.
According to the World-Wide Fund for Nature, wildlife trafficking is the fourth largest form of transnational organised crime.
WHAT SPECIES ARE MOST COMMONLY TRAFFICKING IN INDIA?
In India, it includes diverse products like mongoose hair; snake skins; Rhino horn; Tiger and Leopard claws, bones, skins, whiskers; Elephant tusks; deer antlers; shahtoosh shawl; turtle shells; musk pods; bear bile; Indian Star tortoises; pangolins; sea horses; medicinal plants; timber and caged birds such as parakeets, mynas, munias etc.
WILDLIFE TRAFFICKING THROUGH AIRPORT
According to the latest report by UNEP Partners, TRAFFIC found between 2011 and 2020, over 70,000 native and exotic animal and their derivatives were trafficked through 18 Indian airports. The most common native species seized was the Indian Star Tortoise, a threatened species followed by the Black Pond Turtle, Birds including cockatoos and macaws, they came from Malaysia and Thailand and are used for meat, superstitious practices and to own as a pet.
The most reported airports for trafficking were Chennai International followed by Mumbai and Delhi.
Smugglers also use land routes through the north- eastern region bordering Nepal, Bhutan, Myanmar and Bangladesh to smuggle the animals.
COUNTER WILDLIFE TRAFFICKING PROGRAMME
This programme aims to support mandated agencies to effectively detect, identify, investigate, arrest, prosecute, and convict criminal organisation that perpetrate wildlife trafficking. Their goal is to closely work with the government to improve conviction rates of wildlife traffickers and ultimately dismantle organized wildlife trafficking networks.
WILDLIFE LAW IN INDIA
WILDLIFE PROTECTION ACT, 1972
The Government of India enacted Wildlife Protection Act with the objectives to effectively protect the wildlife of this country and to control illegal trade in wildlife and its derivatives. The Act was amended in January 2003 and punishment and penalty for offences under the act have been made more stringent.
Wildlife Protection Act,1972 includes six schedules:
Schedule 1- Protection of Endangered species, from hunting and poaching unless the animal poses a threat to human lives. Strict penalties and punishment for offenders.
Schedule2- Protection of animals from hunting and poaching for the purpose of trading.
Schedule3- Protection of animals not considered endangered, in this schedule penalties and punishment are not harsh as Schedule 1&2
Schedule4- Same as schedule 3
Schedule5- Vermin that can be hunted as they are carriers of diseases. Sec 62, of the Act gives the government power to declare an animal a Vermin. It is done when an animal is considered dangerous for humans or crops.
Schedule6- Restricted plants that require specific permission for cultivating.
India is also a member of the CITES (Convention on International Trade in Endangered Species of Fauna and Flora) since 1976. CITES is an international agreement between governments that aims to ensure that international trade in specimens of wild animals and plants does not threaten their survival. CITES works by subjecting international trade in specimens of selected species listed on Appendices to certain controls.
Since 1976, India has also been a member of the Convention on International Trade in Endangered Species of Fauna and Flora, an international agreement that aims to ensure that global trade in specimen of wild animals and plants does not threaten their survival.
CASE LAWS:
In the case of MC Mehta v. Kamalnath, the Supreme Court held that any interference in the basic element of the Environment in the name of trade and business will not be permitted whatsoever. Any occupation, at the cost of public health, cannot be allowed to make profits. Anything that is dangerous cannot be allowed to be traded under right to trade. Animals and Humans form the part of the same ecosystem. They have a close link to each other. Disrupting one form of life would endanger the other form of life and hence it is violative of Article 21 of the Constitution that lays down Right to life. No one can be given the privilege to hamper any form of life. Basically, it is extremely essential for the survival of man to co-exist with nature, and to preserve and protect wildlife.
In the landmark case of Ivory Traders and Manufacturers Association v. Union of India
∙ No citizen has a fundamental right to trade in ivory or ivory articles, whether indigenous or imported.
∙ Assuming trade in ivory to be a Fundamental Right granted under art. 19(1) (g), the prohibition imposed therein by the impugned Act is in public interest, and in consonance with the moral claims embodied in Art 48A of the constitution; and
∙ The ban on trade in imported ivory and articles made there from is not violative of Art 14 of the constitution, and does not suffer from any of the maladies, namely, unreasonableness, unfairness and arbitrariness.
Also, Article 48A of the constitution, which is a directive principle of state policy, states that it is the duty of the state to protect and conserve our forests, wildlife and Environment while Article 51A (g) imposes a similar duty on the citizens to protect and conserve Wildlife of the country and to have compassion for living creatures.
CONCLUSION:
Today, there is a global recognition that poaching wildlife has a devastating impact on ecosystems a contributes to increasing corruption and financing other illegal activities. To combat the threat of illegal wildlife trafficking leaders in the international community specially from supply and demand countries need to collectively expand and deepen their of cooperation.
According to WWF India there is an urgent need for knowledge and action to bring the legal wildlife trade within sustainable levels and stop all illegal trade, which has threatened and even pushed many species towards extinction. Indian Government has to do much more to protect and preserve India wildlife given the enormity and pervasiveness of threat. Climate change, pollution, and loss of forested areas are already wreaking havoc on the ecosystem. Poaching wildlife as well will not only end up killing animals but also ruin biodiversity, leading to an unbalanced food chain and ultimately threatening all forms of life.
REFERENCE:
http://awsassets.wwfindia.org/downloads/traffic_panda_8_oct.pdf
https://blog.ipleaders.in/laws-governing-poaching-animal-trafficking-india/
https://india.wcs.org/Counter-Wildlife-Trafficking-CWT
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