PROJECT ON

ENVIRONMENTAL LAW
TOPIC: WILDLIFE CONSERVATION AND LEGAL
MEASURES

MADE BY:
KESHAV MAHESHWARI
B.B.A LL.B (HONS.)
Roll No. A038

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 TABLE OF CONTENTS
SR. NO. PARTICULARS PAGE NO.

1. TABLE OF CASES 3

2. ABBREVIATIONS 4

3. CHAPTER I 5

4. CHAPTER II 12

5. CHAPTER III 27

6. CHAPTER IV 30

7. CHAPTER V 33

8. BIBLIOGRAPHY

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 TABLE OF CASES
Sachidanand Pandey v. State of West Bengal, AIR 1987 SC 1109
G.R. Simon v. Union of India, AIR 1997 Delhi 301, 1997 (41) DRJ 604, (1997) 117 PLR
66
Babran Kumawat v. Union of India, AIR 2003 SC 3268
Ivory Traders and Manufacturers Association v. Union of India, AIR 1997 Delhi 267 b,
ILR 1997 Delhi 22
Indian Handicrafts Emporium v. Union of India, 2003 7 SCC 589
Pradeep Krishen v. Union of India, 1996 (4) SCALE 566
Tarun Bharat Sangh, Alwar v. Union of India, 1993 SCR (3) 21, 1993 SCC Supl. (3) 115

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 ABBREVIATIONS
AB Action Biodiversity
AWF African Wildlife Foundation
AWGNCB ASEAN Working Group on Nature Conservation and Biodiversity
CAWT Coalition against Wildlife Trafficking
CBD Convention on Biological Diversity
CITES Convention on International Trade in Endangered Species
CMS Convention on Migratory Species
CoP Conference of the Parties
CSS centrally sponsored schemes
DDT Dichloro Diphenyl Drichloroethane
DENR Department of Environment and Natural Resources.
IUCN International Union for Conservation of Nature
IWC International Whaling Commission
MoEF Ministry of Environment and Forests
MoU Memorandum of Understanding
NBSAP National Biodiversity Action Plan
PD Public Domain
RA Republic Act
STPF Special Tiger Protection Force
TEEB The Economics of Ecosystems and Biodiversity
UNGA United Nations General Assembly
USD United States Dollar
WCCB Wildlife Crime Control Bureau
WHC World Heritage Committee
WPA/ WLPA Wild life protection act
WWF World Wide Fund for Nature

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 CHAPTER I
INTRODUCTION
1.1 What is Wildlife Conservation?

Wildlife Conservation is the practice of protecting wild plant and animal species and their
habitats. The goal of wildlife conservation is to ensure that nature will be around for future
generations to enjoy and also to recognize the importance of wildlife and wilderness for
humans and other species alike. Many nations have government agencies and NGO's
dedicated to wildlife conservation, which help to implement policies designed to protect
wildlife. Numerous independent non-profit organizations also promote various wildlife
conservation causes. Wildlife conservation has become an increasingly important practice
due to the negative effects of human activity on wildlife.

1.2 Why is Wildlife Conservation important?1

All organisms that are not directly acted upon by humans, such as uncultivated plants and
undomesticated animals, could be considered forms of wildlife. Wildlife conservation is
considered one of the most pressing environmental concerns today. Eight reasons why
Conservation matters:

1.2.1 Biodiversity:

In nature, different species are connected through various food webs. It is a fact that the
disappearance of one species could influence several others down the line. The loss of an
animal that isn't especially important economically or culturally could unexpectedly affect a
type of animal that is, so widespread wildlife conservation is a general preventative measure
for unforeseen problems.

1.2.2 Agriculture:

1 Online material on: http://theplanetd.com/wildlife-conservation-in-india-

safeguarding-the-future/

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Promoting wildlife conservation could help secure future food supplies. Action Biodiversity
(AB) argues that crop diversity in agriculture makes food supplies less vulnerable to disease.
Individual crops can suffer different diseases, while an entire field of just one crop could
succumb to a single blight. Many of the plants have never even been used in conventional
agriculture could become new crops. Wild plants could also contain the genetic material
necessary to modify the crops that are currently in use, and wild plants could be used as the
basis for developing biodegradable pesticides.

1.2.3 Research:

There may be many undiscovered plants and animals in the wild. The Economics of
Ecosystems and Biodiversity (TEEB) refers to the importance of maintaining ecosystems and
biodiversity for the sake of plants that provide substances used in both the pharmaceutical
industry and traditional medicine. The AB argues that using additional natural sources as the
basis for research, instead of relying on artificial sources, may be more efficient and
worthwhile. It's possible that failed attempts at wildlife conservation could cause medical
science to lose important sources of knowledge.

1.2.4 Economics of Eco- services:

TEEB makes note of the fact that ecosystems supply many essential raw materials used in
basic human activities, while helping to maintain the environmental conditions that humans
often take for granted. However, the activity of ecosystems can influence the quality of life
for humans in ways that are not necessarily immediately obvious. According to TEEB,
ecosystem activities have an effect on the quantity and quality of fresh water accessible to
humans. Human services that tried to compensate for related ecosystem damage by purifying
the water artificially would be losing money in the process.

1.2.5 Ecotourism:

According to the African Wildlife Foundation (AWF), providing tourists with the chance to
see African animals within their habitats has been a tremendous stimulus for economies
within Africa. The AWF suggests that ecotourism seems to help promote wildlife

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 conservation. Ecotourism helps make wildlife conservation economically feasible in the
developing world in the first place, which can help preserve essential habitats like rainforests.

1.2.6 Environmental Indicators:

It is a fact that various animals can serve as indicators for other environmental problems is
one of the rarely discussed benefits of wildlife conservation. The situation in which the loss
of peregrine falcons and bald eagles was one of the factors that alerted scientists to the
toxicity of DDT, which may have gone unnoticed for longer in a less diverse ecosystem.
Wildlife conservation may help solve other environmental problems in a similar way.

1.2.7 Education:

Studying animals and their habitats can be a valuable learning experience for students of all
ages. Dr. Eric Jensen at the University of Warwick has written about the educational benefits
of trips to the zoo for children. Failures in wildlife conservation may leave teachers with
fewer educational resources.

1.2.8 Psychological benefits:

Wildlife diversity has a broad appeal. The psychological benefits of biodiversity for humans
can be difficult to measure, but they're also difficult to dismiss. The research of Susanna
Curtin at Bournemouth University2 indicates that eco-tourists experience a tremendous sense
of wonder, contentment, and fulfillment from their wildlife encounters. Curtin's research
raises the question of what failed wildlife conservation efforts and a significant loss of
species could mean for humans psychologically.3

There are many reasons - both emotional and practical - why wildlife conservation is
important. Conservation can have powerful, direct impacts on the daily lives of people
around the world, as well as on plant and animal life and the environment as a whole.
2 Online material on:
http://www.academia.edu/364330/Wildlife_tourism_The_intangible_psychological_be
nefits_of_human-wildlife_encounters

3 Online material on: http://www.conservationindia.org/resources/the-legal-

framework-for-wildlife-conservation-in-india-2

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 1.3 Threats to Wildlife:4
The major threats being faced by the wildlife in India are:
The problem of overcrowding is one of the major reasons for the depleting
population of wild animals in India. The wildlife sanctuaries of India have
become overcrowded and their capacity has decreased to quite an extent.
Tourism in the national parks of the country is increasing day by day. One of the
reasons for this is a rise in the popularity of eco-tourism and adventure tourism.
This has led to a growth in vehicle pollution and wildlife road fatalities, apart
from leading to a damage of the natural habitat of birds and animals.
With the increase in tourism, the parks have witnessed an increase in wildfires
also. Innocent campfires started by visitors have, more often than not, led to
menacing wildfires. These fires not only kill animals, but also destroy their
natural habitat.
The wildlife of coastal areas is constantly disturbed by personal watercrafts, like
jet skis or wave runners. These personal watercrafts enter shallow waters and
expel nesting birds from their roosts. Such activities are disturbing the mating
pattern of birds.
Releasing of chemicals and other toxic effluents into the water bodies has led to
poisoning of the water. The animals and birds drinking such water face a fatal
threat. Even the population of fish, living in such water bodies, is declining at a
fast pace.
The climate changes taking place in the world today, are affecting not only
humans, but also the wildlife. The natural habitat as well as migration patterns of
the animals and birds are experiencing disturbs patterns.
Last but not the least, the threat of poaching has been haunting the wildlife of
India since ages. Even after the establishment of wildlife sanctuaries and national
parks, the threat of poaching has not been totally eliminated.5

1.4 Illegal Trade in India:6

4 Online material available at http://wildlifesos.org/

5 Online material available at www.nwf.org/Wildlife/Threats-to-Wildlife.aspx

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 Over the years illegal wildlife trade has emerged as a form of Organised Transnational Crime
that has threatened the existence of many wild species across the globe. In India, it includes
diverse products including 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; medicinal plants; timber and caged birds such as parakeets, mynas,
munias etc. A large part of this trade is meant for the international market and has no direct
demand in India.7

In India like many other countries, the problem is not of the laws but that these may be
poorly communicated and just as poorly implemented and enforced. Often, positive efforts to
address wildlife trade concerns are undermined by lack of political will and governance
failures. Without political backing, disincentives for over-exploitation and illegal trade, such
as penalties for legal infringements, are all too often weak. There is an urgent need for
knowledge and action to bring legal wildlife trade within sustainable levels and stop all
illegal wildlife trade that has threatened and even pushed many species towards extinction.
Towards this TRAFFIC, a wildlife trade monitoring network and a joint programme of WWF,
the global conservation organization and IUCN8, the International Union for Conservation of
Nature, established in 1976, works closely with the National and the State Governments and
various agencies to help study, monitor and influence action to curb illegal wildlife trade and
bring wildlife trade within sustainable levels.

Despite these strict legal provisions, trade in wildlife continues unabated in India, particularly
with lesser known species, owing to the lack of public awareness. Here, is a list of lesser
known species that are part of the illegal wildlife trade in India:9

6 Online material on:

http://www.wwfindia.org/about_wwf/enablers/traffic/illegal_wildlife_trade_in_india/

7 Online material on: http://www.wildheartwildlifefoundation.org/

8 www.iucn.org

9 Online material on: http://www.thebetterindia.com/48373/wildlife-trade-trafficking-

india-humane-society/

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A. Indian Pangolin (Manis crassicaudata) and Chinese Pangolin (Manis pentadactyla):

What use could the worlds only scaly mammal be to human beings? The pangolin,
whose body is covered in scales made of keratin, is found in Asia and Africa and is
poached for consumption in South East Asian countries. The flesh, especially of foetuses,
is considered a delicacy. Their long claws are used to dig through earth and bark and help
aerate the soil, thus improving its quality. Both the Indian Pangolin and the Chinese
Pangolin are protected under Schedule I of the Wildlife (Protection) Act, 1972.

B. Tokay Gecko (Gecko gecko):

The ringing call of the Tokay Gecko is slowly fading across the forests of North East
India. The trade is very lucrative, and poachers in North East India have turned their
attention to this reptile. Tokay Geckos feed on insects and larva and thus control the
populations of pests in the ecosystem. They are enlisted under Schedule IV of the WPA,
1972.

C. Star Tortoises (Geocheloneelegans):

The Indian Star Tortoises beautifully patterned shell that nature intended as a camouflage
has become the poor reptiles burden. Star tortoises are found in scrublands and
grasslands across the subcontinent, from where they are poached and clandestinely
shipped to other countries. This terrestrial reptile carries out the crucial task of seed
dispersal, thus occupying an important ecological niche in the ecosystem. They are
protected under Schedule IV of the WPA, 1972.

D. Hill Mynah (Gracula religiosa):

In the Western Ghats, as well as in parts of Eastern and North Eastern India, forest
clearings ring loud with a cacophony of raucous shrill whistles and squawks, courtesy the
stocky, belligerent hill mynah. The sounds and shrieks that make these birds so
conspicuous have also resulted in them being captured extensively for sale in the illegal
pet trade. These birds are prized for their ability to mimic a variety of sounds, including
human speech. As per Indian law, the Hill Mynah is categorised under Schedule I of the

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WPA. The Hill Mynah feeds on fruits, berries, seeds, and insects, thus playing an
important role in pollination and seed dispersal.

E. Owls:

Owls are renowned for their intelligence and stealth but that isnt enough to save them
from the sinister web of the illegal wildlife trade. Their association with Lakshmi, the
Hindu goddess of wealth, has led to their use in sacrifices and black magic rituals by
tantriks and sorcerers who lead people to believe that the ownership and use of owl
feathers, bones, meat, tufts, and organs brings wealth. Owls are protected under Schedule
IV of the WPA, except for the Forest Owlet which is categorised under Schedule I.

F. Red Sand Boa (Eryx johnii):

If they could talk, snakes in India would shout themselves hoarse trying to dispel the
widely perpetuated yet false myths that plague the species. They are known to be sold
illegally to superstitious customers who believe sand boas have medicinal properties and
bestow luck upon the owners. They feed on rats and other small animals, thus keeping a
check on the rodent population. They are listed under Schedule IV of the WPA.

G. Shells:

Shells are often prized as decorative items and ornaments with various craftsmen turning
shells of various shapes and sizes into ornaments, knick-knacks like pen stands, paper
weights, and key chains. While nine of these are protected under Schedule 1 of the WPA,
15 others fall under Schedule IV.

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 CHAPTER II
STATUTORY ANALYSIS
This chapter is divided into three parts. The first part deals with the laws in India which
provides penalties for any kind of illegal trading in wildlife and violation of any provision in the
statutes which are enacted to conserve the wildlife. The second part deals with the Projects
which the Indian Government has successfully launched and their impact. The third part deals
with the international treaties for wildlife conservation to which India is a party.

2.1 VARIOUS LEGAL PROVISIONS FOR WILDLIFE PROTECTION IN INDIA

2.1.1 The Constitutional aspect:

The Indian Constitution is amongst the few in the world that contains specific provisions on
environment protection. The chapters directive principles of state policy and the fundamental
duties are explicitly enunciated the nation commitment to protect and improve the environment.
It was the first time when responsibility of protection of the environment imposed upon the states
through Constitution (Forty Second Amendment) Act, 1976.

Article 48-A the provision reads as follows: The State shall endeavor to protect and improve the
environment and to safeguard the forest and wildlife of the country. The Amendment also
inserted Part VI-A (Fundamental duty) in the Constitution, which reads as follows:

Article 51-A (g) It shall be duty of every citizen of India to protect and improve the natural
environment including forests, lakes,, and wildlife and to have compassion for living creature.

In Sachidanand Pandey v. State of West Bengal,10 the Supreme Court observed whenever a
problem of ecology is brought before the court, the court is bound to bear in mind Article 48-A
and Article 51-A(g).

2.1.2 Wildlife Protection Act, 1972:11

10 AIR 1987 SC 1109

11 nbaindia.org

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The Act aims to conserve protected species of wildlife through two primary mechanisms: 1)
prohibiting the hunting of all protected species and providing for strict regulation of their
possession, transport and trade; and 2) safeguarding wildlife habitat by providing for the creation
and management of protected areas (sanctuaries, National Parks, conservation reserves and
community reserves12). No wild mammal, bird, amphibian, reptile, fish, crustacean, insects, or
coelenterates listed in four Schedules of the WLPA can be hunted either within or outside
protected areas. On conviction, the penalty for hunting is imprisonment for a period ranging from
a minimum of three to a maximum of seven years with fines not less than 10,000 rupees.

Community reserves and conservation reserves are two new categories of protected areas that
have been included under the WLPA. These two categories provide a greater role for local
communities, stakeholders and civil society as well as the opportunity to protect many areas of
conservation value that cannot be designated under strict categories such as wildlife sanctuaries
or national parks. The statute prohibits the destruction or diversion of wildlife and its habitat by
any method unless it is for improvement or better management and this is decided by the state
government in consultation with the National and State Boards for Wildlife. The WLPA contains
elaborate procedures for dealing with legal rights in proposed protected areas and acquisition of
any land or interest under this law is deemed as an acquisition for a public purpose. However,
with the enactment of The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition
of Forest Rights) Act, 2006, compliance of various provisions relating to tenurial and community
rights must be ensured. Apart from protected area establishment, other important aspects of the
WLPA include procedures for the appointment of state wildlife authorities and wildlife boards,
the regulation of trade in wildlife products and the prevention, detection and punishment of
violations of the WLPA. The 2006 amendment introduced a new chapter (IV B) for
establishment of the National Tiger Conservation Authority and notification of Tiger Reserves
(before this amendment, Tiger Reserves were not defined under the law, but were merely
administrative designations to enable funding under Project Tiger). The Wildlife Crime Control
Bureau (WCCB) was constituted vide the 2006 amendment to monitor and control the illegal
trade in wildlife products. The WLPA provides for investigation and prosecution of offences in a

12 Section 2(24A)

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court of law by authorized officers of the forest department and police officers. Broadly
speaking, offences under the Act can be divided into three categories:

A. Offence of Hunting (or Picking, Uprooting, etc., of Specified Plants) S. 9, 17A, and
2(16):

Section 2(16): Hunting: It includes (a) killing or poisoning of any wild animal or captive animal
and every attempt to do so; (b) capturing, coursing, snaring, trapping, driving or baiting any wild
or captive animal and every attempt to do so; (c) injuring or destroying or taking any part of the
body of any such animal or, in the case of wild birds or reptiles, damaging the eggs of such birds
or reptiles, or disturbing the eggs or nests of such birds or reptiles.

Section 9: Prohibition of hunting: No person shall hunt any wild animal specified in Schedules
I, II, III and IV [except as provided under section 11 and section 12].

Section 11: Hunting of wild animals to be permitted in certain cases: (1) (a) Notwithstanding
anything contained in any other law for the time being in force and subject to the provisions of
Chapter IV, the Chief Wild Life Warden may, if he is satisfied that any wild animal specified in
Schedule I has become dangerous to human life or is so disabled or diseased as to be beyond
recovery, by order in writing and stating the reasons therefor, permit any person to hunt such
animal or cause such animal to be hunted.

(b) The Chief Wild Life Warden or the authorised officer may, if he is satisfied that any wild
animal specified in Schedule II, Schedule III, or Schedule IV, has become dangerous to human
life or to property (including standing crops on any land) or is so disabled or diseased as to be
beyond recovery, by order in writing and stating the reasons therefor, permit any person to hunt
such animal or group of animals in a specified area or cause such animal or group of animals in
that specified area to be hunted.

(2) The killing or wounding in good faith of any wild animal in defence of oneself or of any
other person shall not be an offence.

Section 12: Grant of permit for special purposes: Notwithstanding anything contained
elsewhere in this Act, it shall be lawful for the Chief Wild Life Warden, to grant a permit, by an
order in writing stating the reasons therefor, to any person, on payment of such fee as may be

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prescribed, which shall entitle the holder of such permit to hunt subject to such conditions as
may be specified therein, any wild animal specified in such permit, for the purpose of education,
scientific research, scientific management or collection of specimens: (i) for recognised zoos
subject to the permission under section 38I or for museums and similar institutions, derivation,
collection or preparation of snake-venom for the manufacture of life-saving drugs.

B. Offences relating to Unauthorized Possession, Transport and Trade - Sections 40, 42,
43, 44, 48, 48A, and 49, and Chapter V-A

These sections deal with the licenses for various purposes to be obtained in order to possess trade
or transport any wild animal listed in schedules of the act. These sections also limits the buyers
to purchase or trade animals from sellers who dont have the license given by the Central
Government. It also lays down the regulations for transfer of animals in a particular manner
(Section 43)

C. Offences relating to Protected Areas/Habitat Destruction Sections 27, 29, 30, 31, 32,
33-A, 34, 35(6), 35(7), 35(8), 36-A(2), 36-C(2), and 38-V(2)

These sections deal with the setting up and management of the sanctuaries and National parks.

D. Penalties:

Section 51: Penalties: (1) Any person who contravenes any provision of this Act (except
Chapter VA and section 38J) or any rule or order made thereunder or who commits a breach of
any of the conditions of any license or permit granted under this Act, shall be guilty of an offence
against 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 offence committed is in relation to any animal specified in Schedule I or
Part II of Schedule II or meat of any such animal or animal article, trophy or uncured trophy
derived from such animal or where the offence relates to hunting in a sanctuary or a National
Park 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; Any person,
who commits an offence in relation to the core area of a tiger reserve or where the offence relate
to hunting in the tiger reserve or altering the boundaries of the tiger reserve, such offence shall be

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punishable on first conviction 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 fifty
thousand rupees but may extend to two lakh rupees.

Section 56: Operation of other laws not barred: Nothing in this Act shall be deemed to
prevent any person from being prosecuted under any other law for the time being in force, for
any act or omission which constitutes an offence against this Act or from being liable under such
other law to any higher punishment or penalty than that provided by this Act: Provided that no
person shall be punished twice for the same offence.

Section 58: Offences by Companies: Where an offence against this Act has been committed by
a company, every person who, at the time the offence was committed, was in charge of, and was
responsible to, the company for the conduct of the business of the company as well as the
company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against
and punished accordingly.

2.1.3 The Indian Forest Act, 192713

The main objective of the Indian Forest Act (1927) was to secure exclusive state control over
forests to meet the demand for timber. Most of these untitled lands had traditionally belonged to
the forest dwelling communities. The Act defined state ownership, regulated its use, and
appropriated the power to substitute or extinguish customary rights. The Act facilitates three
categories of forests, namely:

Reserved forests
Village forests
Protected forests

Reserved forests are the most protected within these categories. No rights can be acquired in
reserved forests except by succession or under a grant or contract with the government. Felling
trees, grazing cattle, removing forest products, quarrying, fishing, and hunting are punishable
with a fine or imprisonment. Although the Indian Forest Act is a federal act, many states have
enacted similar forest acts but with some modifications.
13 www.envfor.nic.in/

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 A. Reserved Forests:

Section 3: Power to reserve forests: The State Government may constitute any forest-land or
waste-land which is the property of Government, or over which the Government has proprietary
rights, or to the whole or any part of the forest-produce of which the Government is entitled, a
reserved forest in the manner hereinafter provided.

Section 26: Acts prohibited in such forests: (1) Any person who (i) in contravention of any
rules made in this behalf by the State Government hunts, shoots, fishes, poisons water or sets
traps or snares; or (j) in any area in which the Elephants Preservation Act, 1879 (6 of 1879), is
not in force, kills or catches elephants in contravention of any rules so made, shall be punishable
with imprisonment for a term which may extend to six months, or with fine which may extend to
five hundred rupees, or with both, in addition to such compensation for damage done to the
forest as the convicting Court may direct to be paid.

B. Protected Forests:

Section 29: Protected Forests: (1) The State Government may, by notification in the Official
Gazette, declare the provisions of this Chapter applicable to any forest-land or waste-land
which,, is not included in a reserved forest but which is the property of Government, or over
which the Government has proprietary rights, or to the whole or any part of the forest produce of
which the Government is entitled.

Section 32: Power to make rules for protected forests: The State Government may make rules
to regulate the following matters, namely: (j) hunting, shooting, fishing, poisoning water and
setting traps or snares in such forests and the killing or catching of elephants in such forests in
areas in which the Elephants Preservation Act, 1879 (6 of 1879), is not in force.

Section 77: Penalties for breach of rules: Any person contravening any rule under this Act, for
the contravention of which no special penalty is provided, shall be punishable with imprisonment
for a term which may extend to one month, or fine which may extend to five hundred rupees, or
both.

So according to this statute there is not any specific provision for killing or hunting animals and
the wildlife in the reserved or protected forests. The statute mostly provides for cutting trees and

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acquiring the land illegally. Even though there are penalties with respect to breach of rules but
they are so menial that the offender can easily get away with it.

2.1.4 National Wildlife Action Plan (2017-2031)14

In line with suggestions made by the members of National Board for Wildlife and agreed in the
26th meeting of the standing Committee, Ministry of Environment and Forests (MoEF) has
decided to constitute a committee to review the implementation of the National Wildlife Action
Plan (2002-16) and to develop a National Wildlife Action Plan 2017-2031 based on the
evaluations and lessons learnt thereby. The Plan most closely represents an actual policy on
protection of wildlife. It focuses on strengthening and enhancing the protected area network, on
the conservation of endangered wildlife and their habitats, on controlling trade in wildlife
products and on research, education, and training. The Plan recognizes the need to reduce
human-wildlife conflict and emphasizes the establishment of effective compensation
mechanisms. It includes the restoration of degraded habitats outside protected areas as a key
objective.

Under chapter 7 of the plan the need to control of Poaching and Illegal trade in Wildlife has been
given. The following is the glimpse of the same:

a) With a rich diversity of flora and fauna, India has always been a target of the illegal
wildlife trade as a source country. Wildlife trade remains one of the five top illicit
economic activities globally valued between USD 50-150 billion, annually.
b) Indias biodiversity ranges from the charismatic Asian elephants, tigers, rhinos, lions,
four species of bears and leopards to lesser known mammals like the pangolin and the
river dolphin, to myriad other forms of life that includes snakes, butterflies, gharials,
whale sharks, sea cucumbers, etc. This range means that conservation and protection
challenges are also numerous. Killing of prey of big cats, such as deer, wild boar, etc. in
the forest results in human-wildlife conflict in the fringe areas due to decrease of prey
species. Also, when the predators such as tigers and leopards are poached, the herbivore
population increases, which also give rise to conflict, in the shape of crop raiding by

14 indiaenvironmentportal.org.in

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 them. In such a scenario, large amounts of money and human resources invested in
conservation go into conflict mitigation. The trade is known to have connections with
other illegal activities such as arms trafficking, drugs smuggling, etc. In a nutshell, the
crime against wildlife does not only affect the survival of the target species in the wild
including associated biodiversity but also impacts the economy, development, and
security of the country.
c) Investigation in wildlife crime still lacks steam even after the establishment of National
Wildlife Crime Control Bureau (WCCB). The capacity of frontline forest guards and
officers charged with the responsibility to investigate wildlife crime needs major
improvement by way of organizing capacity building trainings in various aspects of
investigation and documentation of wildlife related offences. As technologies such as
internet and mobiles are being used effectively by crime syndicates, the wildlife crime
investigators also need to be equipped with matching skills, fit to carry out technology
based investigations leading to busting of networks behind these crimes.
d) On 30 July 2015, during its 69th session, the United Nations General Assembly (UNGA)
adopted a resolution on Tackling Illicit Trafficking in Wildlife. The Resolution
expresses concern that illicit trafficking in protected species of wild fauna and flora is in
some cases an increasingly sophisticated form of transnational organized crime that poses
a threat to health and safety, security, good governance and the sustainable development
of States. It calls for firm and strengthened national measures, and an enhanced regional
and global response. It is aimed at both supply and demand, including by strengthening
the legislation necessary for the prevention, investigation and prosecution of offences,
treating certain wildlife offences as a serious crimes, providing for illegal trade in wildlife
offences to be treated as predicate offences (for anti-money laundering offences),
supporting the exchange of evidence between States and taking steps to prohibit, prevent
and counter corruption. It urges States to reduce demand for illegal wildlife products
using targeted strategies to influence consumer behaviour, emphasizes that the protection
of wildlife must be part of a comprehensive approach to achieving, inter alia, sustainable
development and sustainable livelihoods and encourages States to address sustainable and
alternative livelihoods for affected communities to enable them to benefit from wildlife
and wilderness.

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 2.1.5 The Forest Conservation Act (1980)15

In order to check rapid deforestation due to forestlands being released by state governments for
agriculture, industry and other development projects (allowed under the Indian Forest Act) the
federal government enacted the Forest Conservation Act in 1980 with an amendment in 1988.
The Act made the prior approval of the federal government necessary for de-reservation of
reserved forests, logging and for use of forestland for non- forest purposes. The Supreme Court
of India has currently imposed a complete ban on the release of forestland for non-forestry
activities without the prior approval of the federal government. Again this statute does not
provide for killing or poaching of animals in such forests and the punishment involved in
specific.

2.1.6 The Environment Protection Act, 198616

The Environment Protection Act is an important legislation that provides for coordination of
activities of the various regulatory agencies, creation of authorities with adequate powers for
environmental protection, regulation of the discharge of environmental pollutants, handling of
hazardous substances, etc. The Act provided an opportunity to extend legal protection to non-
forest habitats (Ecologically Sensitive Areas) such as grasslands, wetlands and coastal zones.
The act does not provide for illegal trade in wildlife like poaching and killing of animals for
profits.

2.1.7 Biological Diversity Act

The Biological Diversity Act, 2002 was enacted by the Government of India in 2002 with an aim
to conserve the biological diversity in India, sustainable use of its components and to provide
mechanisms for equitable sharing of the benefits arising out of use of biological resources and
knowledge. This Act was enacted to strengthen its obligation under the Convention on Biological
Diversity (CBD) of the United Nations signed on 5th June 1992, since India is a party to it. This
Act serves as an addition to other laws enacted for the protection and conservation of wildlife

15Online material on: http://envfor.nic.in/legis/forest/forest2.html

16 http://www.moef.nic.in/

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and forest but it does not specifically provides for any provision relating to illegal trade and
poaching of animals.

2.2 PROJECTS SUCCESSFULLY LAUNCHED BY GOVERNMENT OF INDIA17

2.2.1 Project Tiger

The Government of India launched Project Tiger on April 1, 1973 in the Corbett National Park as
a consequence of the concrete international effort to create awareness and raise funds for saving
the tiger. This international effort was led by Guy Mountfort of the World Wide Fund for Nature
(WWF). It ensured maintenance of a viable population of tigers in India for scientific, economic,
aesthetic, cultural and ecological values, and to preserve for all times, areas of biological
importance as a national heritage for the benefit, education and enjoyment of the people.
Initially, nine tiger wildlife reserves (with 268 tigers) constituted the Project Tiger network.

As of 2008, there were 28 tiger reserves in 17 states, covering an area of 37,761 sq. km. The
Wildlife (Protection) Act, 1972 was amended in 2006 to incorporate the creation of the National
Tiger Conservation Authority. The first meeting of the National Tiger Conservation Authority
was held in November 2006. With the amendment of this Act, a Wildlife Crime Control Bureau
was also subsequently established. The Ministry of Environment and Forests provides necessary
technical and financial support to the state governments for wildlife conservation under various
centrally sponsored schemes (CSS). The states receive 100 per cent financial assistance for non-
recurring items and 50 per cent for approved recurring items. The punishment in cases of offence
within a tiger reserve has also been enhanced.

Following are some of the administrative measures taken by the environment and forests
ministry:

a) Strengthening of antipoaching activities, including special strategy for monsoon

patrolling by providing funding support to tiger reserve states.
b) Provision of hundred per cent central assistance to 17 tiger reserves as an addition
for deployment of tiger protection force.
c) Constitution of a multidisciplinary Tigers and Other Endangered Species Crime
Control Bureau, with effect from June 2007, comprising officers from police,

17 Online material available at: http://www.transindiatravels.com/

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 forest, customs and other enforcement agencies to effectively control illegal trade
in wildlife.
d) Approval for eight new tiger reserves.
e) Evolution and mainstreaming of a scientific methodology for estimating the
number of tigers.
f) Identification of approximately 31,111 sq. km of core or critical tiger habitat in 17
states.

The Project Tiger guidelines have been further revised and include funding support to states for
enhanced village relocation; rehabilitation of communities involved in traditional hunting and
mainstreaming livelihood and wildlife concerns in forests; and fostering corridor conservation
through restorative strategy to stop habitat fragmentation.

Project Tiger's efforts were hampered by poaching, as well as debacles and irregularities in
Sariska and Namdapha, both of which were reported extensively in the Indian media. The Forest
Rights Act passed by the Indian government in 2006 recognizes the rights of some forest
dwelling communities in forest areas. This has led to controversy over implications of such
recognition for tiger conservation. Some have argued that this is problematic as it will increase
conflict and opportunities for poaching; some also assert that tigers and humans cannot co-
exist. Others argue that this is a limited perspective that overlooks the reality of human-tiger
coexistence and the role of abuse of power by authorities, rather than local people, in the tiger
crisis. This position was supported by the Government of India's Tiger Task Force, and is also
taken by some forest dwellers' organizations.

2.2.2 Project Elephant

In India elephants are mainly to be found in the rain forests of Karnataka, Tamil Nadu, and
Kerala; the tropical forests of West Bengal, Jharkhand, Central India, and the western region; and
the Himalayan foothills in the north-east and Uttarakhand. India has about 25,000 elephants. The
elephant habitat has shrunk over the years, and poaching for elephant tusks has endangered the
species especially in southern India. Construction of roads and dams has led to encroachment of
forest lands, interfering with the traditional migratory routes of elephants necessary for them in
their search for food. Conversion of natural forests to monocarp plantations for commercial

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purposes has also been harmful. The forced isolation of elephants in reserves has often led to
inbreeding with the consequential negative effects.

Project Elephant was launched in February 1992 to assist states having free-ranging populations
of wild elephants to ensure long term survival of identified viable populations of elephants in
their natural habitats. The project is being implemented in 13 states, viz., Andhra Pradesh,
Arunachal Pradesh, Assam, Jharkhand, Karnataka, Kerala, Meghalaya, Nagaland, Orissa, Tamil
Nadu, Uttarakhand, Uttar Pradesh and West Bengal. The states are given financial as well as
technical and scientific assistance in achieving the objectives of the project. The main activities
of Project Elephant are as follows:

a) Ecological restoration of existing natural habitats and migratory routes of elephants;

b) Development of scientific and planned management for conservation of elephant
habitats and viable population of wild Asiatic elephants in India;
c) Promotion of measures for mitigation of man-elephant conflict in crucial habitats and
moderating pressures of human and domestic stock activities in crucial elephant
habitats;
d) Strengthening of measures for protection of wild elephants from poachers and
unnatural causes of death;
e) Research on issues related to management of elephant conservation;
f) Public education and awareness programmes;
g) Eco-development;
h) Veterinary care; and
i) Building up the stock of field staff, mahouts and veterinarians.

2.2.3 Protecting Vultures:

The report of the Department of Animal Husbandry, Dairying and Fisheries made a shocking
revelation on the population of vultures that has decimated in the entire region of South Asia.
One of the major causes of decimation of the population of vultures is the pharmaceutical drug,
diclofenac, which is toxic to the bird even at relatively low dosage. This is a matter of great
concern as vultures are natural scavengers and play a crucial role in the ecosystem, and are also
essential for the overall wellbeing of the environment and life support system. In May 2006, the
Government of India initiated preventive actions to curb further decline in the population of
vultures which also includes banning the use of diclofenac in veterinary sector. Following are the
other measures adopted by the government:

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 a) An action plan for vulture conservation is being implemented to stem the decline and
put the vulture population on growth path.
b) The government has extended support to breeding centres at Pinjore in Haryana, Buxa in
West Bengal and Rani Forest in Assam.
c) Captive breeding centres at four zoos at Bhopal, Bhubaneswar, Junagarh and Hyderabad
have also been set up through the Central Zoo Authority.

2.2.4 Protecting Gharials

It was reported in 2008 that since mid-December 2007 dozens of the rare Indian crocodile,
known as the gharial, are turning up dead on the banks of the Chambal River. They have
perished, apparently as a result of a mysterious live disease, while the population of these
animals in the wild has been dropping steadily. The decline in the population of adult gharials
from 436 about a decade ago to 182 in 2006, according to World Conservation Union (IUCN)
estimates, has raised international alarm. It has prompted the IUCN to classify them as critically
endangered on its Red List of species. The Central governments initiative to set up a crisis
management group for the gharial with help from the World Wildlife Fund offers some hope. A
comprehensive investigation to determine the cause of the gharial deaths and urgent remedial
measures has been called for.

An estimated 1,300 gharials are left in the wild, mostly in India, according to the Fund. The
government, under pressure from conservationists, set up protected areas in 1979 along the
Chambal to prevent poaching of their skin for high-grade crocodile leather, and it raises eggs in
captivity to protect them from predators. The World Conservation Union recently upgraded it
from being an endangered to a critically endangered species. But the recent deaths have
further depleted the stock of breeding pairs to less than 200, conservationists and the Forest
Department believes

2.3 INTERNATIONAL TREATIES

India is a party to five major international conventions related to wildlife conservation, viz.,
Convention on International Trade in Endangered Species (CITES), Coalition Against Wildlife
Trafficking (CAWT), International Whaling Commission (IWC), United Nations Educational,
Scientific and Cultural OrganisationWorld Heritage Committee (UNESCO- WHC), and the

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Convention on Migratory Species (CMS). The Ministry of Environment and Forests is the nodal
agency for these conventions.

2.3.1 CITES18

The Government of India signed the Convention on International Trade in Endangered Species
of wild flora and fauna on July 20, 1976. Under this convention, export or import of endangered
species and their products is subject to strict- controls. Commercial exploitation of such species
is also prohibited. The 14th conference of parties to the CITES was held at The Hague,
Netherlands, in June 2007. The Indian delegation actively participated and intervened in various
agenda, particularly those which were of national interest or indirectly affected our conservation
efforts. Indias initiatives in conservation of Asian Big Cats and Tibetan Antelope were much
appreciated. The Conference of the Parties (CoP) also acknowledged the establishment of
Wildlife Crime Control Bureau by India.

2.3.2 CAWT19

The Coalition against Wildlife Trafficking is a global coalition of governments and international
business and conservation organisations, working together to support each others efforts to end
the illegal trade in wildlife and wildlife products. It is not a legal entity but a partnership of like-
minded governments and organisations who are willing to make a political commitment to end
wildlife trafficking. India has joined hands with the US and other partners against the illegal
wildlife crime/trafficking. The first meeting of the ministerial partners was held in Nairobi in
February 2007.

2.3.3 IWC20

18 cites.org

19 cawtglobal.org/india/

20 iwc.org/india/

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India, a member of -the International Whaling Commission since 1981, has played a pro-active
and prominent role in bringing about a moratorium on commercial whaling and supporting the
commission in its efforts in conservation of migratory species of wild animals.

2.3.4 UNESCO-WHO21

The UNESCOs World Heritage Convention is responsible for lifting of world heritage sites,
which include both cultural and natural sites. The wildlife department of the Ministry of
Environment and Forests of India is associated with Conservation of the natural world heritage
sites. An externally-aided project has also been undertaken by we ministry for the conservation
of wildlife. The total period of the project is 10 years with two phases. The project will be
undertaken in four world heritage sites of India, viz., Kaziranga National Park, Manas National
Park, Nanda Devi National Park, and Keoladeo National Park.

2.3.5 CMS22

India is a signatory to the convention on Conservation of Migratory Species, also known as Bonn
convention, since 1983. It signed a Memorandum of Understanding (MoU) with CMS at
Bangkok in February 2007 for the conservation and management of marine turtles and their
habitats of the Indian Ocean and South East Asia.

Wildlife crime is serious

Assessing the scale of wildlife crime is very difficult. This is partly because wildlife crime
remains outside mainstream crime and, so, it is not recorded in the way that drug-trafficking,
murder, rape or burglaries are. Wildlife crime is also, in many respects, a victim-less crime.
There are many indicators, and considerable evidence, demonstrating the involvement of
organized criminal networks in the harvesting, processing, smuggling and trade of wildlife and
wildlife products through sophisticated techniques spanning across national boundaries and
continents. Fraud, counterfeiting, money-laundering, violence and corruption are often found in
combination with various forms of wildlife crime.

21 unesco.org

22 cms.org

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 CHAPTER III
ROLE OF JUDICIARY
The judiciary was called upon to decide important issues pertaining to protection of wild life. Let
us analyze the judicial response from the following cases:

G.R. Simon vs. Union of India23

Facts: The petitioner who was the manufacturer of coats, caps, gloves blankets and snake skin
items like bags, shoes and brief cases challenged 1991 Amendment which prohibited trade in
animal articles. It was contended that the said Act is colorable legislation as it indirectly takes
away fundamental right to carry on any trade or business under Art. 19(1) (g), which cannot be
done directly. Further certain wild animals are harmful and serve no useful purpose. While
rejecting the contentions the Delhi High Court held that every animal is important in maintaining
ecological balance and it is the duty of every Indian citizen to protect and improve the wildlife in
the country. Further, no fundamental right is absolute and the same can be restricted in public
interest. Wildlife protection is very much in public interest. Hence the 1991 Amendment is
constitutional.

Babran Kumawat vs. Union of India24

Facts: The petitioner was the manufacturer of Mammoth ivory. Mammoth animal had already
disappeared in Alaska and Siberia due to climatic conditions. The question was can it be
considered as an imported ivory under the 1991 Amendment Act. The Supreme Court held that
1991 Amendment prohibits trade of ivory of every description. It may be an elephant ivory or
mammoth ivory. Hence, the petitioner cannot carry on the trade in mammoth ivory.

Ivory Traders and Manufacturers Association vs. Union of India25

23 AIR 1997 Delhi 301, 1997 (41) DRJ 604, (1997) 117 PLR 66

24 AIR 2003 SC 3268

25 AIR 1997 Delhi 267 b, ILR 1997 Delhi 22

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The petitioners challenge certain amendments carried out in the Wild Life (Protection) Act, 1972
by the Amendment Act No. 44 of 1991 whereby the trade in imported ivory and articles made
therefrom have been banned. The Court held that impugned legislation falls within the power
and competence of the Parliament as the same is meant to protect the Indian elephant. In order to
achieve that purpose, the Parliament has undoubted power to deal with matters which, effectuate
the same. It can legislate with regard to all ancillary and subsidiary subjects including the
imposition of ban on trade in imported ivory of all descriptions, whether drawn from mammoth
or elephant, for the salutary purpose of the preservation of the Indian elephant.

Indian Handicrafts Emporium vs. Union of India26

In this case the petitioner had challenged the constitutional validity of 1991 Amendment, which
prohibited trade in imported ivory. The Supreme Court upheld the constitutional validity of this
amendment under Art.19 (6). The Court observed that a trade, which is dangerous to ecology,
may be regulated or totally prohibited. Balancing the social interest and the fundamental rights, a
total prohibition is reasonable.

Pradeep Krishen vs. Union of India27

Facts: The petitioner challenged the order of M.P. government by which permission was given to
the villagers living near the sanctuaries and national parks to collect tendu leaves through
contractors. In state of M.P. 11 areas have been declared as sanctuaries and national parks
covering around 12.4% of total forest cover in M.P. The petitioner contended that a number of
trees in these areas have been destroyed due to the entry of villagers. The Supreme Court
directed the Madhya Pradesh government to take urgent steps to prohibit entry of villager and
tribals in national parks and sanctuaries.

Tarun Bharat Sangh, Alwar vs. Union of India28

26 (2003) 7 SCC 589

27 1996 ( 4 ) SCALE 566

28 1993 SCR (3)21, 1993 SCC Supl. (3) 115

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Facts: The petitioner Organization challenged the grant of 215 mining licenses in the area
declared as Tiger Reserve in Alwar district of Rajasthan. The Supreme Court cancelled all the
licenses as they were given in the tiger reserve area.

The contribution of the Supreme Court of India in protecting the environment and ecology, forest
wild life, etc. has been phenomenal. Despite the limitations of jurisdiction, the Court played a
vital role in this regard. More importantly what is needed from an environmental angle is a
vision for the future. We have got enough laws to protect the environment, but its
implementation is in the hands of administrative authorities. Good governance free from
corruption is the basic need to protect the environment. The words of Justice Frankfurter are apt,
quoting, An onerous obligation. We owe to posterity clean air, clean water, greenery and open
space. They ought to be elevated to the status of birth right of every citizen.

Thus, even a cursory study of the judgments of the Indian courts especially the Supreme Court
would reflect the consistent commitment of the courts towards the protection of the environment.
Very often the courts have had to not only lay down the law but also closely monitor its
implementation due to the political compulsions of the Government. The executive needs to
show stronger commitment towards implementation of environment related laws. However, its
needs to be appreciated that the efforts of the courts can only achieve marginal success unless
there is social, political and economic change in the Government as well as of people towards
adhering to a model of sustainable development. Perhaps the solution towards protecting and
utilizing nature's bounty in a sustainable manner lies in an introspection towards the life styles
that modern world is increasingly adopting. Concerned citizens of the world must begin by
advocating a reduction of materialistic lifestyle based on the philosophy of the developed world,
leading a life in harmony with nature, having allow ecological footprint and adopting solutions
towards equitable growth and development in a manner that does not harm the environment.29

29 Economic Times, Online Article:

http://economictimes.indiatimes.com/news/politics/nation/nationalinvestment-
board-issue-to-be-raised-with-pm-manmohan-singh-jayanti-
natarajan/articleshow/16914849.cms

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 CHAPTER IV
COMPARATIVE STUDY
PHILIPPINE FOREST AND WILDLIFE LAW ENFORCEMENT30

The Philippines is one of the 18 mega diverse countries in the world. The country has more than
52,170 described species, about half of which are found nowhere else in the world. Studies show
that on a per unit area basis, the Philippines is the top mega diversity country. Unfortunately
however, with the loss of the countrys forest cover, the habitat of wild fauna has likewise been
lost. Habitat destruction can be attributed to logging, both legal and illegal, mining and energy
projects, land use conversion, kaingin, pest and diseases, etc. According to the IUCN, the
Philippines continue to face biodiversity crisis unparalled in magnitude. The Philippines thus is
considered as a biodiversity hotspot. While habitat destruction is considered as the reason for
wildlife loss, other factors include weak institutional and legal mechanisms, domestication and
hybridization, introduction of exotic species, and overexploitation for food and trade (NBSAP,
1997).31

LEGAL FRAMEWORK

State ownership of wildlife resources: As with forest lands, wildlife resources are also owned by
the State. As wildlife is essential to preserve biological diversity, the State is also duty bound to
protect our countrys wildlife resources.

Among the national laws that protect our wildlife resources include:32

30 Online material available at: philippines.hvu.nl

31 http://pdf.usaid.gov/pdf_docs/Pnadl681.pdf

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 PD 1152 of the Philippine Environment Code of 1977 which mandates the DENR to
establish a system of national exploitation and conservation of wildlife resources and to
encourage citizens participation in the maintenance and/or enhancement of their
continuous productivity by: regulating the marketing of threatened wildlife resources,
reviewing all existing rules and regulations on the exploitation of wildlife resources, and
conserving the threatened species of wild fauna;
Republic Act (RA) 8485 or the Animal Welfare Act of 1998 which intends to protect and
promote the welfare of all animals in the Philippines by regulating the establishment and
operations of all facilities utilized for breeding, maintaining, keeping, treating, or training
of all animals either as objects of trade or as household pets;
Wildlife Resources Conservation and Protection Act (Republic Act No. 9417): 33 The Act
provides for the conservation, preservation and protection of wildlife species and their
habitats, in order to preserve and encourage ecological balance and biological diversity; it
provides, furthermore, for the control and supervision of wildlife capture, hunting and
trade; finally it provides for supporting and promote scientific research on the protection
of biodiversity. The provisions of this Act shall apply to all wildlife species over all,
including those living in the protected.34

At the international level, the Philippines is a member of ASEAN which is advocating

biodiversity conservation and wildlife protection through the ASEAN Working Group on Nature
Conservation and Biodiversity (AWGNCB), and the ASEAN Regional Center for Biodiversity
Conservation.

Also, the Philippines is a signatory to the Convention on International Trade in Endangered

Species of Wild Fauna and Flora (CITES) in 1981. This treaty aims to regulate the international
trade of wildlife species, its parts and by-products. It sets international policies on trade of
wildlife which include the issuance of CITES Export, Import or Re-export Permit for species
listed under CITES Appendices. It prohibits the trade of CITES species unless the individuals for

32 ibid

33 ecolex.org

34 wipo.int

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trade are bred in captivity in CITES-registered facilities. The treaty requires member-countries to
designate CITES Management and Scientific Authorities that will ensure the strict
implementation of CITES regulations.

The Philippines also ratified its membership in two other international conventions: the
Convention on Biological Diversity (CBD) and the Convention on the Conservation of
Migratory Species (CMS). The member-countries to the CBD are obliged, among others, to
conserve sites noted for rich biological diversity, develop national framework on biodiversity
conservation and ensure that any use of biodiversity is sustainable and equitable (CBD Text,
PAWB). The CMS, on the other hand, requires member-countries to, among others, adopt strict
protection measures for migratory species, especially those categorized as being in danger of
extinction, and their habitats.35

ENFORCEMENT

Lack of resources for wildlife protection

In fact, there is no separate budget allocation as yet in the General Appropriations Act for
wildlife protection
Absence or lack of institutional arrangements with other countries to combat entry and
exit or wildlife and / or exotic wildlife species
Lack of checkpoints / monitoring units at airports and ports
Harassment against those who enforce the Wildlife Act

35 http://pdf.usaid.gov/pdf_docs/Pnadl681.pdf

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 CHAPTER V
CONCLUSION & SUGGESTIONS
India as a nation is well-known for its demonstrated concern for conservation of wildlife and
biodiversity and its national laws to protect wildlife are some of the most stringent in the region.
It thus assumes greater responsibility and leadership even in the global conservation of natural
heritage. The country is obliged to undertake necessary steps to prevent illegal trade or transfer
of wildlife and wildlife articles which are regulated under various appendices of CITES. 4.
Although the wildlife protection laws and policies of the country are one of the best of its kind in
the world, the implementation of these laws and policies is a major problem. The conviction rate
in wildlife crime cases is very low, resulting in persistence of habitual offenders in the illegal
wildlife trade. Preventive measures along with enforcement of deterrent law are necessary to
ensure the reduction of incidents of wildlife crime across the country. To make this a reality,
appropriate policies need to be evolved, and put in place urgently.

Our environment is such a thing, which we cannot afford to abuse. But environmental criminals
are doing just that. And in abusing the environment, what they put at risk is the health and safety
of all of us. Poachers today are mostly the gangs of highly organised, selective and effective
killers of the countryside. But it is viewed by many people as an acceptable crime, or even as not
being a crime at all. If it is accurate that tigers have disappeared entirely from one of Indias
premier tiger reserves then how much serious can it get.

And therefore what is required on the part of our government is to frame out strategies and
actions for wildlife conservation in today's context in order to protect India's long-term
ecological security. Not only must the government there be a conscious effort by Media, NGOs
and Educational Institutions. So an international ban on illegal wildlife trade is the only way to
save the endangered animals.

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Suggestions

a) Increase ability of frontline field staff to protect wildlife through capacity building and
proper equipping to increase focused crime prevention, patrolling and reporting.
b) Set up Special Tiger Protection Force (STPF) in TRs.
c) Use modern technology for patrolling, crime data management, intelligence gathering
and surveillance.
d) Conduct assessment of the protection measures undertaken by PAs to improve protection
standards for wildlife, and to build capacity of frontline staff across the country.
e) Organize audit of protection mechanisms for enhancing efficiency.
f) Set up of Regional Forensic Labs to assist in speedy crime investigation.
g) Establish special courts for wildlife crime related cases.
h) Orient and involve the customs, police, paramilitary, coastguard, postal and courier
services and other agencies that can play a key regulatory role in preventing wildlife
offences.
i) Enhance the capacity of all concerned enforcement agencies in India to efficiently
implement both national and international laws and policies including that of CITES.
j) Take policy, legal and administrative measures.
k) Promote international cooperation to combat organized wildlife control.

With the government having taken a myopic approach to environment conservation repeatedly,
there is justifiable skepticism about the newly implemented measures for an integrated
implementation. However, with the paradigm shift in the attitude of the government and
specifically the Ministry of Environment and Forests (MoEF) from choosing economic
development over ecological sustainability to a more holistic approach, there is optimism about
the future of wildlife conservation, contingent on the appropriate implementation and monitoring
of the measures envisaged for wildlife protection.

34 | P a g e
 BIBLIOGRAPHY
cawt.org
cites.org
cms.org
conservationindia.org
ifaw.org
indiankanoon.org
internationalwildlifelaw.org
legalserviceindia.com
moef.nic.in
pdf.usaid.gov
swapsushias.blogspot.in
timesofindia.in
wgbis.ces.iisc.ernet.in
wwfindia.org

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