Table of Contents INTRODUCTION............................................................................................................................... 2-3 WILDLIFE TRADE ...............................................................................................................................

4
THE GLOBAL WILDLIFE TRADE: AN INTERNATIONAL DISGRACE ................................................................................. 5 WILDLIFE TRADE AND TRAFFICKING IN INDIA ................................................................................................... 5-6 A SAMPLE CATALOGUE AND RATE CARD OF WILDLIFE PRODUCTS ............................................................................. 7 WILDLIFE EXTINCTION LEADS TO RISK OF GLOBAL HEALTH PROBLEMS FOR HUMANS ..................................................... 7

MEASURES TAKEN TO COMBAT TRADE IN WILDLIFE ARTICLES......................................................... 8

LEGISLATIVE ACTION .................................................................................................................................... 8

WILDLIFE (PROTECTION) ACT, 1972 ................................................................................................. 9

CONSERVATION AND ITS MANAGEMENT ........................................................................................................... 9

..................................................................................................................................... 10 NO RIGHT TO LIVE IN WILDLIFE AREA WITHOUT PERMISSION/PERMIT ..................................................................... 10 TRADE OR COMMERCE IN WILD ANIMALS, ANIMAL ARTICLES AND TROPHIES PROHIBITED ....................................... 11-12 PENALTIES .............................................................................................................................................. 13
PROTECTED AREA

WE NEED TO CHANGE ........................................................................................................................ 14

Trade in Wildlife Articles and Preservation of Wildlife | Abhisek Misra

INTRODUCTION
.. Believe me. Trees are as much holistically breathing gas us; The wind perpetually exhaling from even the most infinitesimal pore of their emolliently serrated skin; is an unconquerably undefeated testimonial to the same. Believe me. Trees are as immortally loving as us; the unbreakable relationships that they form with every conceivably philanthropic entity of the atmosphere and beyond; is a timelessly exemplary testimonial to the same. So The Next time you think of chopping a tree for Paper or spuriously turgid bonfires to passionately enlighten your every dreary night; remember that youd be insanely annihilating one human of your own kind, Instead. Id humbly suggest friends. Please switch over to Lightning fast and non-invasively state-of-the-art Modern Technology. Please switch over to the unlimitedly bountiful Internet. Please switchover to harmlessly innocuous; yet majestically sparkling and ETERNAL E-PAPER.. Nikhil Paresh, Ahmedabad, India - a Love Poet and World Record Holder for Poetry with the Limca Book of Records India (Only 2nd in Official World Rankings to the Guinness Book of World Records)

From times immemorial, Nature has got a very close relationship with human beings. Human beings had been inspired by Nature in many forms and it had led to the outburst of poetry and prose relating and surrounding Mother Nature.

(Richerson et al. 1996)

Trade in Wildlife Articles and Preservation of Wildlife | Abhisek Misra

Why exactly do we humans have such an incredibly large influence on other species and the natural world? We are unique among animal species in that we survive and reproduce in a wide variety of environments through cultural adaptations1. In contrast, other species are primarily able to survive and reproduce due to biological adaptations that result from eons of natural selection and biological evolution. The cultural adaptations of humans have allowed them to colonize nearly every ecosystem type on Earth. In addition, cultural innovations have allowed the human population to grow exponentially for millennia. Such sustained population growth is unparalleled by any other species on the planet. The population of a typical species grows until it reaches the carrying capacity of its environment, then levels off or declines. In other words, it grows until it is fully utilizing the available resources, such as food and space. At this point mechanisms such as disease and starvation keep the population from continuing to grow. However, we humans have responded to resource scarcity with cultural practices and technologies that increase the availability of resources. We raise our food on farms and live in multi-story apartment buildings, increasing the carrying capacity of the environment for humans. This growth eventually requires yet more cultural adaptations to increase resources, and the alteration of the natural environment and the rate of cultural evolution are accelerated. Currently the global human population is large enough and the technologies that allow humans to manipulate the environment are potent enough that humancaused alterations to the biosphere are causing the extinction of innumerable wildlife species. If present trends continue, there will be an eventual crash in the human population that will bring great suffering and cause widespread environmental damage. This is the root cause of the modern environmental crisis.

Wildlife includes all non-domesticated plants, animals, and other organisms. Domesticating wild plant and animal species for human benefit has occurred many times all over the planet, and has a major impact on the environment, both positive and negative. Wildlife can be found in all ecosystems, Deserts, rain forests, plains, and other areas including the most developed urban sites all have distinct forms of wildlife. While the term in popular culture usually refers to animals that are untouched by human factors, most scientists agree that wildlife around the world is impacted by human activities. The wildlife of India is a mix of species of diverse origins. The region's rich and diverse wildlife is preserved in numerous national parks and wildlife sanctuaries across the country. Since India is home to a number of rare and threatened animal species, wildlife management in the country is essential to preserve these species. According to one study, India is home to about 60-70% of the world's biodiversity. India, lying within the Indo-Malaya Eco zone, is home to about 7.6% of all mammalian, 12.6% of avian, 6.2% of reptilian, and 6.0% of flowering plant species. Many eco-regions, such as the shola forests, also exhibit extremely high rates of endemism; overall, 33% of Indian plant species are endemic. India's forest cover ranges from the tropical rainforest of the Andaman Islands, Western Ghats, and Northeast India to the coniferous forest of the Himalaya. Between these extremes lie the sal-dominated moist deciduous forest of eastern India; teakdominated dry deciduous forest of central and southern India; and the babul-dominated thorn forest of the central Deccan and western Gangetic plain. Important Indian trees include the medicinal Neem, widely used in rural Indian herbal remedies. The Pipal fig tree, shown on the seals of Mohenjo-daro, shaded the Gautama Buddha as he sought enlightenment. In recent decades, human encroachment has posed a threat to India's wildlife; in response, the system of national parks and protected areas, first established in 1935, was substantially expanded. In 1972, India enacted the Wildlife Protection Act and Project Tiger to safeguard crucial habitat; further federal protections were promulgated in the 1980s. Along with over 500 wildlife sanctuaries, India now hosts 14 biosphere reserves, four of which are part of the World Network of Biosphere Reserves; 25 wetlands are registered under the Ramsar Convention. The varied and rich wildlife of India has had a profound impact on the region's popular culture. Common name for wilderness in India is Jungle which was adopted by the British colonialists to the English language. The word has been also made famous in The Jungle Book by Rudyard Kipling. India's wildlife has been the subject of numerous other tales and fables such as the Panchatantra and the Jataka tales. The gradual emergence of the human beings as the most dominant species among all other species of animals and the attempt of the human beings to set them apart from other species is the main underlying cause of the contemporary environmental disaster. The main reason behind a threat to the wildlife and the ecosystem is the constantly growing deforestation, poaching and negligence towards animals and nature. The Indian Government has started nature projects like, Project Tiger, Nature Camps, Jungle Lodges, etc. to encourage wildlife awareness among the common people. Besides preserving the natural heritage, these projects also promote eco-tourism.

Trade in Wildlife Articles and Preservation of Wildlife | Abhisek Misra

WILDLIFE TRADE
As the condition stands, the main motive for destruction and degradation rests on the fact for want of money to fill ones own coffins. An empty stomach can neither think nor can it perform in a well organised manner. Human Beings, being the wittiest and virtuous of all living creatures, use all the available resources for gaining profit out of it. As an outcome, the world is dealing with an unprecedented spike in illegal wildlife trade, threatening to overturn decades of conservation gains. Between 2007-2011, rhino poaching in South Africa increased 3,000 percent. Ivory estimated to weigh more than 23 metric tons - a figure that represents 2,500 elephants - was seized in the 13 largest seizures of illegal ivory in 2011. Poaching threatens the last of our wild tigers that number as few as 3,200. As human populations have grown, so has the demand for wildlife. People in many countries are accustomed to a lifestyle which fuels demand for wildlife. They expect access to a variety of sea foods, leather goods, timbers, medicinal ingredients and textiles. At the other end, extreme poverty means some people see wildlife as valuable barter for trade. Other factors promoting trade in wildlife: 1. Species at risk - Illegal wildlife trade is driven by high profit margins and, in many cases, the high prices paid for rare species. 2. Demand drives Crime - Rhino horn, elephant ivory and tiger products continue to command high prices among consumers, especially in Asia. 3. Gaps in protection - Corruption, toothless laws, weak judicial systems and light sentences allow criminal networks to keep plundering wildlife with little regard to consequences. These factors make illegal wildlife trade a low risk business with high returns. The poachers - often poor locals - are the usually the only ones caught, leaving the real masterminds and their network safe and operational with the ability to strike again. Wildlife crime is a big business. Run by dangerous international networks, wildlife and animal parts are trafficked much like illegal drugs and arms. By its very nature, it is almost impossible to obtain reliable figures for the value of illegal wildlife trade. Experts at TRAFFIC, the wildlife trade monitoring network, estimate that it runs into hundreds of millions of dollars. Some examples of illegal wildlife trade are well known, such as poaching of elephants for ivory and tigers for their skins and bones. However, countless other species are similarly overexploited, from marine turtles to timber trees. Not all wildlife trade is illegal. Wild plants and animals from tens of thousands of species are caught or harvested from the wild and then sold legitimately as food, pets, ornamental plants, leather, tourist ornaments and medicine. Wildlife trade escalates into a crisis when an increasing proportion is illegal and unsustainable - directly threatening the survival of many species in the wild.
Trade in Wildlife Articles and Preservation of Wildlife | Abhisek Misra

The Global Wildlife Trade: An International Disgrace

1. Rhinoceroses gunned down so their horns can be ground into fever-reducing pills or made into traditional dagger handles in Yemen. 2. Mother chimpanzees slaughtered to satisfy the demand for wild animal flesh, their orphaned babies sold into the pet trade. 3. An estimated one hundred million sharks fatally wrenched from their ocean homes each year for sport, for their teeth, or for their fins, which end up floating in a bowl of Asian soup. 4. The ravenous human appetite for wildlife parts and the products made from them turns gorilla hands to ashtrays, whales to canned meat, sea turtle shells to earrings, and elephant feet to umbrella stands. In the process, individual animals are mercilessly slaughtered, entire families are massacred, and increasing numbers of animal species are driven dangerously closer to extinction. This unconscionable wildlife exploitation is shameful. It is an international disgrace. After narcotics, arms and ammunition trade comes this horrible business of wildlife trade which threatens to eradicate life from earth. This black market of wildlife is valued as the third largest illegal trade in the world and one of the most profitable crimes of today. The numbers and dollar figures of illegal wildlife trade are baffling. Around $10 million worth of illegal wildlife is seized at US borders every year, but that is only the indicative tip of the iceberg. With over USD 20 billion estimated in this trade, it is no surprise that this trade can only get hotter with time. The pace at which wild plant and animal species are becoming endangered and possibly extinct, its value can only go up.
Trade in Wildlife Articles and Preservation of Wildlife | Abhisek Misra

Wildlife Trafficking and Trade in India

India prizes itself in its natural wealth and bio diversity. The number of plants and animal species contained in our national boundary are innumerable and priceless. Boasting of varied climes, abundant and exquisite flora and fauna makes India an ideal destination for nature lovers, tourism and now the illegal traders of wildlife. The national pride of being home to natures bounties is no more than a feel good factor a wishful thinking.

India is one of the leading suppliers of the most coveted wildlife products. Tigers, rhinos, birds, plants you name it, we have it. Or rather had it. India is strategically placed between the supplying and buying countries. It has the twin advantage of abetting this trade and it does it pretty well. India is still plagued with illiteracy, poverty and millions still live under the poverty line. This only pushes the need for quick money, without giving a second thought to its consequences.

India lives in the mind-set that views animals as resources that should be used, when in need. To protect animals requires a sea change in the way animals are seen. India has wildlife laws that are very stringent, but it does not have means to enforce the same. This is a country where the forest guards have batons and sticks while the poachers are armed with guns. India is still corrupt. The money is spent on good causes but mostly reaches the wrong pockets. Indians do not know that wildlife trespassing, trade and trafficking instances are criminal activities and that it should be reported. Ignorance, coupled with insensitivity, rules. Strange but true, the protectors of wildlife and the custodians of law are not familiar with the wildlife laws.

Poaching one of most horrid faces of wildlife trade is actively practiced in India. Its national the Tiger is no longer safe in its jungle haven. The famed sanctuaries of Sariska, Ranthambore, Corbett and other national parks which were once safe for wild animals, have become their graveyards. With forests being pushed out of boundaries, wild animals have been exposed to many risks that now have led to their extinction and endangerment. While the elite take pride in sending their pets to a dog spa and the poor rely on the beasts of burden, the tigers, rhinos, and other animals are nowhere on anyones radar except the poachers. India has many untold tales of wildlife depletion, species endangerment, brink of extinction, and more. It is heart-wrenching to see how nature is being stripped away without a cause for concern to life and tomorrow. We can never be more ashamed of our existence as we witness the modus operandi of this trade that mercilessly traps, cuts, chops, burns, smashes, poaches, extracts, slaughters, marauds these helpless children of the wild for money. Live or dead, the wild animals have no dignity in life and death. There are a handful of wildlife activists fighting tooth and nail to protect what is left. Their intentions, efforts, agonies, frustrations, disappointments, are an indication of the rigidity and impermeability of the existing system. India is too seeped in bureaucracy, red-tape, corruption, and under-the-table deals, that sensitizing people to the grievances of the wild is almost an impossible task. If unchecked, this trade has the potential to grow even further because it involves plants and animals, which cannot speak and cry out the injustice. Maybe this is why it is more easy and profitable to plunder this silent wealth.

Trade in Wildlife Articles and Preservation of Wildlife | Abhisek Misra

A Sample Catalogue and Rate Card of Wildlife Products

Here is a sample of products up for sale on the World Wide Web a compilation from different sources on the dollar value of the priceless treasures.

Wildlife Extinction Leads to Risk of Global Health Problems for Humans

One of the most impertinent problems of extinction of wildlife species is the destruction of barriers that use to contain many viruses and diseases within that animal species. These animals prevented the jumping or crossover of viruses and from reaching humans. With species getting wiped out faster that they can sustain, the risk of virus that cause SARS (Severe Acute Respiratory Syndrome), Avian Flu, Ebola Virus, TB (Tuberculosis), etc. is looming large over mankind. This is a proof of how man tilts the natures delicate balance and causes calamities to occur.

Trade in Wildlife Articles and Preservation of Wildlife | Abhisek Misra

Siberian Tiger: $70,000. Sea Turtle Skin Boots: $480. Lion: Price on request. Tibetan Antelopes Woven Shawl: $30,000. Gorilla (in London): 4,500 pound. Stuffed Polar Bear: $US 11,000. Orangutan can fetch US$ 45,000. Tiger Skin: $50,000. Black Cockatoo species: AUD$30000. Rhino Horn: Upto $US 25,000 per 500 grams. Tiger Parts (Tiger Penis, Claws, Bones, Skin) Peregrine falcon in Taxidermy: 170 pounds. Wood Owl (to use in voodoo): Rs. 1.5 Lakhs. Rare Turtles (For Live Pet Trade and Meat) Bottle of Tiger Bones Wine: $100. Leopards (Skin and Claws) Otter (Skin) Pangolin (scales for Medicine and Meat) Snakes (for meat, venom trade and skins) Mongoose (for hair for Brushes) Bear (for its Gall Bladder, Live Cub Trade for Paw Soup, Claws) Crocodiles (for pets, meat, and skin) Rare birds Live and stuffed. Elephant Tusks, Giant Ivories, and decorative items. Rhino Footstools. Stuffed Polar Bears. Dried seahorse curios. Ramin pool cues. Powdered tiger humorous bone: Over $1700/ pound. Sturgeon caviar: $880 a pound (0.45kg) and Paddlefish caviar $373 a pound.

Measures taken to Combat Trade in Wildlife Articles

India has always been struggling to save it natural wealth. There are many individuals, organisations and Government bodies that realize and champion the cause of the wildlife. Efforts have been on since many decades to eradicate and contain the illegal trade menace. Some noteworthy causes are:

Coalition Against Wildlife Trafficking (CAWT): India and USA, in cooperation with several other governments and organizations, have jointly entered into an agreement to curb and contain the wildlife trade. The objective of this coalition is to curb the trade, enhance antitrafficking law enforcement, rescuing wild animals and returning them to their native habitats, etc. TRAFFIC, the wildlife trade monitoring network, works to ensure that trade in wild plants and animals is not a threat to the conservation of nature.2 India is a member of the United Nations Convention of International Trade in Endangered Species of Wild Fauna and Flora (CITES) which has 170 member countries/ parties to address the international trade in wildlife. About 5,000 species of animals and 28,000 species of plants are protected by CITES against over-exploitation through international trade. The XV Conference of the Parties of CITES is scheduled to be held in Doha, Qatar in June 2009. 3

There are many more bodies, associations, groups and individuals who are, in their own ways, braving all odds to address the need of the hour Preserving Life to Preserve the Planet.

Legislative Action
The Government of India enacted Wild Life (Protection) Act 1972 with the objective of effectively protecting the wild life of this country and to control poaching, smuggling and 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. The Ministry has proposed further amendments in the law by introducing more rigid measures to strengthen the Act. The objective is to provide protection to the listed endangered flora and fauna and ecologically important protected areas.

2 3

(http://www.traffic.org) (http://www.cites.org)

Trade in Wildlife Articles and Preservation of Wildlife | Abhisek Misra

Wildlife (Protection) Act, 1972

In 1972, the Indian parliament passed a comprehensive national law, The Wildlife (Protection) Act, 1972, with the sole aim of protecting wildlife animals, birds and plants and for matters connected thereto or ancillary or incidental thereto with a view to ensuring the ecological and environmental security of the country13 It is not only prohibits hunting but also created protected areas and controls trade in wildlife products. To achieve these objectives it has created a separate and independent authority to protect and improve wildlife. The act has been accepted and adopted by all the states except Jammu and Kashmir.4 The first and foremost purpose of this act is to protect the habitats of wild animals. As a sequel to it, various national parks and game sanctuaries have been established to ensure greater protection to wildlife. Some special provisions also aim to preserve endangered species like Project Tiger, Gir Lion Sanctuary, Himalayan Musk Deer Project, etc. Widespread changes have been made by the newly passed Wildlife (Protection) Amendment Act, 2002 and the new chapter has been incorporated as Chapter VI-A to deal with the forfeiture of property derived from illegal hunting and trade. Further, the new amendment act has also introduced the concept of co-operative management through conservation reserve management committee and community reserve committee.

Conservation and its management

The amendment act of 2000 has also introduced a new method of conservation cooperative with the local people of the area. As per section 36-A5, the state government may in consultation with the local community declare any area, particularly areas adjacent to national parks and sanctuaries and areas which link to protected areas, as conservation reserve. To manage such area, the state government shall constitute a conservation reserve management committee, to advise the chief wildlife warden to conserve, manage and maintain the conservation reserve. Such committee shall consists of (a) a representative of the forest wildlife department who shall act as member secretary, (b) one representative of each village Panchayats in whose jurisdiction the reserve is located, (c) three representatives of non-governmental organizations working in the field of wildlife conservation, and (d) One representative of each of the departments of agriculture and animal husbandry (section 36-B).

4 5

Protection of wild animals and birds falls under Concurrent List-entry 17B, under article 246 of the Constitution. Incorporated by the Amendment Act of 2002.

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Protected Area6
Section 18 provides that the state government may, by notification, declare its intention to constitute an area other than an area comprising any reserve forest or territorial waters, as a sanctuary if it considers that such area is of adequate ecological, faunal, geomorphological, natural or zoological significance, for the purpose of protecting, propagating or developing wildlife or its environment.7Such declaration aims at protecting wildlife and forests and such a notification shall specify the situation and limits of an area by roads, bridges or other well-known intelligible boundaries. The collector of the district shall inquire into, and determine the existence, nature, and the extent of the rights of any person in or over the land comprising the limits of the sanctuary.8

No right to live in wildlife area without permission/permit

In Kamal Kant Pandey v. State of U.P., 9 the court observed that if a lease has granted in wildlife sanctuary area, lease shall be cancelled. Any money deposited as lease money, stamp duty, stamp duty shall be refunded to the lessee. A permit holder has been prohibited from setting fire to a sanctuary, entering with a weapon-except with the prior permission of the chief wildlife warden-and using chemicals explosives or any substance which may cause injury to or endanger any wildlife.10 In Kamal Kant Pandey v. Prabhagiya Van Adhikari, 11 it was made clear by the court that under section 29 the state is empowered to curtail mining operation in protected area and can terminate lease pre-maturely. Such power to cancel the lease is quasi-judicial in nature and not merely an administrative power. In case mining lease is granted under the Mines and Minerals (Regulation and Development) Act 1957, the permission of wildlife authorities is a must.

6 7

Substituted by the Amendment Act, 2002. Tarun Bharat Sangh v. Union of India, 1982 Supp (2) HCC 448. 8 Section 26A, the procedures has been provided under Section 20 to 25. 9 AIR 2006 All 92. 10 Section 32. 11 AIR 2005 All 136.

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Trade or Commerce in Wild Animals, Animal Articles and Trophies Prohibitted

The Act has declared that I. II. III. IV. V. VI. VII. VIII. Every wild animal, other than vermin, which is hunted with the permission of the wildlife warden, or, Kept or bred in captivity or, Hunted in contravention of this Act or Rules etc., Found dead or killed by mistake, Animal article, trophy or uncured trophy, Meat derived from any wild animal, Ivory imported in India and any article made of such Ivory, Vehicle, vessel, weapon, trap or tool used for committing an offence under the provisions of the Act shall be the property of the State Government or the Central Government, if the place of hunting falls in their respective areas.12

If a person obtains possession of an animal or article mentioned above by any means, he must inform the nearest Police Station within a period of forth-eight hours of obtaining such possession. Further, no person who gets the above-mentioned things shall(i) (ii) acquire or keep them in his possession, custody or control, or transfer them by way of gift, sale or otherwise, or destroy or damage them without the permission of the Chief Wildlife Warden [Section 39(3)].

Coral which is either(a) a marine living organism, or (b) Secretions or dead outer skeleton of the said living organism. Since, secretions or dead outer skeleton of coral is not an animal or wildlife within the meaning of Section 2 (1) (2) (36) of the Act, therefore, Section 39 has no application and any restriction / prohibition on the exlocation/purchase sale of the articles of such non-living organism is not violative of any provision of the Act. The Act provides that a person can (1) Neither commence nor carry on the business as a manufacturer of, or dealer in any animal; or as a taxidermist; or dealer in trophies or uncured trophies; or dealer in captive animals; or dealer in meat. (2) Neither cook nor serve meat in any eating-house without a licence granted by the designated authority in accordance with the procedure provided in the Act. The licence issued under the Act shall be valid for a year from the date of its grant and
12

Section 39. See Indian Handicrafts Emporium v. Union of India, (2003) 6 Supreme 439; All India Mobile Zoo Owners and A.W.A v. Union of India, AIR 2000 Del 449.

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Trade in Wildlife Articles and Preservation of Wildlife | Abhisek Misra

Therefore whoever possesses them must make a declaration to the Chief Wildlife Warden, who shall issue a certificate of ownership for the same. A person who has a certificate of ownership shall not transfer any captive animal, animal article, trophy or uncured trophy by way of sale or by any other mode of consideration of commercial nature. If he transfers them from the State he resides in to another State, he shall, within the thirty days of transfer or transport, report to the Chief Wildlife Warden or the authorised officer within whose jurisdiction the transfer or transport is effected. But this provision is not applicable to the tail feathers of peacocks and articles made thereunder, and any transaction entered into by a recognized zoo and a public museum.

would be non-transferable. It can be renewed after the lapse of one year. The dealer is also required to maintain a record of the same which may be inspected by an authorised officer. (3) The purchaser, sale, capture of any wild animal, animal article, trophy or meat, etc. without a valid licence form the designated authority has also been banned by the Act. Transportation of any wild animal, trophy, animal article, etc. (other than vermin) without a valid licence is also prohibited under Section 48-A of the Act. Similarly, purchase from an unlicensed dealer of an animal, animal article, trophy, etc. is also not permitted under the Act. Chapter V-A (Section 49-A to Section 49-C), incorporated in 1991, prohibited the trade or commerce in captive animals, trophies, animal articles, etc. meat derived from any schedule animal and import of ivory in India or an article made from such ivory and cooking or serving meat derived from scheduled animals. Recently, the Supreme Court in Indian Handicrafts Emporium v. Union of India, has declared that trading in ivory has totally been prohibited under Chapter II-A and any person who has obtained a certificate from the Chief Wildlife Warden under Section 49-C(3) may keep possession of such property. It was also made clear that imported ivory also falls under this category. In this case the appellant imported ivory from an African country and manufactured certain articles. It was held that the amended Wildlife (Protection) Act, 1972 bans the keeping of such articles which the trader was supposed to declare first and must have procured a certificate from the authorities. They cannot be kept from display in any commercial premises. Such prohibition is a reasonable restriction within Article 19(6) of the Constitution of India. In Balram Kumawat v. Union of India, the Supreme Court has declared that the object of Parliament was not only to ban trade in imported elephant ivory but ivory of every description so that poaching of elephant can be effectively restricted. The Act has put a complete prohibition on trade in ivory by amending the Act. It was also made clear that a complete prohibition is a reasonable restriction within the meaning of clause (6) of Articles of the Constitution of India.

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Trade in Wildlife Articles and Preservation of Wildlife | Abhisek Misra

Penalties (Section 51)

A cursory study of the penalties provided under the Act reveals that no fault liability has been introduced and mens rea is not required to be proved to punish a person. Further, for some offences minimum punishment has also been provided. Section 51 provides (1) Any person who contravenes any provision of this Act except Chapter V-A and Section 38J or any order made thereunder or who commits a breach of any of the conditions of any licence or permit granted under this Act, shall be guilty of an offence under this Act, and shall, on conviction, be punishable with imprisonment for a term which may extend to three years or with fine which may extend to twenty-five thousand rupees, or with both. Provided that where the offences was committed in relation to any wild animal specified in Schedule I or Part II of Schedule II, or meat of any such animal, animal article, trophy or uncured trophy derived from such animal or where offence related to hunting or altering the boundaries of a sanctuary or a national park, such offence shall be punishable with imprisonment for a term which shall not be less than three years but may extend to seven years and also with fine which shall not be less than ten thousand rupees. Provided, further, that in case of a second or subsequent offence of the nature mentioned in this subsection, the term of imprisonment may extend to seven years and shall not be less than three years and the amount of fine shall not be less than ten thousand rupees. (1-A) Any person who contravenes any provision Chapter V-A shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to seven years and also with fine which shall not be less than ten thousand rupees. (1-B) Any person who contravenes the provision of Section 38-J (teasing, molesting, injuring, feeding any animal or causing disturbance by making noise or littering the ground of a Zoo) shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to two thousand rupees or with both. Provided that in case of a second or subsequently offence, the term of imprisonment may extend to one year or the fine may extend to five thousand rupees. In addition to the above, the animal, animal article, trophy or meat, etc. and the tool, trap, vehicle, vessel or weapon used in the commission of the offence shall be forfeited by the State Government; and licence or permit for hunting, etc. ad Arms Licence shall also be cancelled. Further, Section 360 of the Code of Criminal Procedure, 1973 or the Probation of Offender Act, 1958 shall not be made applicable to a person convicted in respect of hunting in a Sanctuary or National Park, unless such a person is less than eighteen years of age.

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We need to change
Issues connected to wildlife and nature is everyones priority. The onus is not only on the NGOs and the Government to act upon, but also includes each one of us. Wildlife extinction is so connected with all eco-systems that a slight tilt in its balance causes unimaginable disturbances in our normal life. Yet, it may not dawn upon us that we caused it to happen. We are the direct and indirect consumers of life. The change needs to come within us. When we try and look around for instances of wildlife trade, we would be astonished to see so many rare plants and animals are out in the market for sale. What should we do then?

We must understand and curb the ways in which we are contributing to this menace. It takes a lot of undoing and unlearning, but we should. Stop buying wildlife and wildlife parts. If there are no buyers, sellers will not exist. When there are no sellers, hunters and poachers will be unheard of. We must extend our support to the individuals and organisations who champion the cause of the protecting the wildlife. We cannot treat it as no-bodys business. Loss of wildlife is our cumulative loss. Education is the Key. We must inspire and educate people as much as we can. This is the need of the hour. As long as there is real education, there is hope. We must report any instance of illegal trade that we come across. We must sensitize our children to wildlife and tell them of the damage we can cause because of carelessness.

Moving forward, we all have a lot of responsibility on our shoulders. Our wildlife and ecosystems are unimaginably delicate. A small unintentional damage can spell disaster to its fragile linkages. We must realize that these ecosystems have sustained mankind for so long. And now, these ecosystems need to be preserved to help life sustain on this planet. Today we may not realize the impact of what we lose everyday. The perils of wildlife trade will not be immediately obvious to all. As we go along in time, we will find our existence challenged and daily life increasingly strained. We shall find birds migrating during wrong seasons and giving birth on wrong calendar months only to find their offsprings dead due to harsh climate. Water will become scarce and nations will fight over it. Food will no longer be in the form we relish and enjoy. New incurable diseases of mind and body will spring up from nowhere. As we realize the future we are arriving at, it is quite undesirable, already. It seems highly farfetched that wildlife trade can determine the course of future and ensure life on planet earth. But it is true. We now stand at a critical point in history of time where we determine how the future will be for ourselves and for our children. The Earth has always provided for us. It is our turn to give it back the protection, care, healing, nourishment and love. We are the new custodians of our Earth. This is our sacred pact with life.

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Trade in Wildlife Articles and Preservation of Wildlife | Abhisek Misra