Chapter 4- Wild Life Conservation & Animal Trade in India

4.1 Introduction

4.2 Outline

4.3. Protection of Illegal animal trade in India

4.4 CITES and Wildlife Protection in India

4.5 Overview

Wild Life trade is the biggest threat to wild life preservation. One of the most powerful
motives for the exploitation of plant and animal species is income production through trade,
especially in poor countries lacking other major resources. This chapter analyzes the concept
of Illegal trade & sustainable development in India, discussed the Judicial scenario in
restricting Illegal trade, the legislative framework & the various conventions to prevent illegal
trade at the International Level

The preservation of Wildlife is a matter of Public Interest. It is duty of every citizen to protect
& improve the natural environment, including lakes rivers, and wild life, and to have
compassion for living creatures.167

167
Art. 51 A (g) of the Constitution of India.

58
4.1 Introduction-

Wild Life trade is the biggest threat to wild life preservation. The rampant poaching, in wild
life and its products are primarily driven by demands in the international markets.168

One of the most powerful motives for the exploitation of plant and animal species is income
production through trade, especially in poor countries lacking other major resources.

In recent times, people are more and more concerned with the environmental degradation and
try to find out the cause. Some believe that free trade leads to depletion of natural resources
and pollution of environment. Some identify poverty as the primary cause of environment
degradation and recognize the need for a new era of economic growth.

Dead and living animals are traded for a number of purposes including food, clothing,
ornaments, and exhibition in zoos, research, medicines and trophies. With significant profit
margins to be made, the illegal trade in wildlife is flourishing, and even the so-called legal
wildlife trade is rife with corruption, and blatant disregard for both international and national
laws.169

The U.S. Department of State estimates that black-market trade in illegal ivory, snake skins
and venoms, live birds, primates, tiger parts, rhino horns, and other wildlife and wildlife
products generates between 10 and 20 billion dollars per year. China is the number one
destination for such products; the U.S. is number two.170

In the early 1990s, there were two significant events which affected the whole world
dramatically. One was the completion of the Uruguay Round of the General Agreement on
Tariffs and Trade (GATT) and the establishment of the World Trade Organization (WTO) in
1994171.

It is believed that trade liberalization is important to enhancing world economic welfare. The
other was that the concept of sustainable development arose during the United Nations
Conference on Environment and Development in June 1992 and the concept was stressed in

168
Bhat sairam, Overview of the legal regime relating to conservation of wildlife in India, CEERA, National
Law School of India University, Bangalore, available at: www.nlsenlaw.org (Accessed on July 30th , 2011)
169
www.awionline.org/ht/d/sp (Accessed on July 23rd, 2011)
170
Lisa Raffensperger, Illegal Animal Trade Finances War in Africa, World Resources Institute, Earth Trends
Environmental Information, available at: www.earthtrends.wri.org (Accessed on July23rd, 2011)
171
available at: www.wto.org (Accessed on July 23rd , 2011)

59
the Rio Declaration. Environmental protection has become an exceedingly important
objective.

The Committee on Trade and Environment (CTE)172 was established aiming to identify the
relationship between trade and environmental measures in order to promote sustainable
development.

4.2 Outline of the chapter:

1. To analyse the concept of Illegal trade & sustainable development in India

2. To analyse the Judicial scenario in restricting Illegal trade & sustainable Development

3. To study the legislative framework & the various conventions to prevent illegal trade at
the international Level

4. To make recommendations for effective implementation of existing laws.

4.3. Protection of Illegal animal trade in India

A. Legislation

B. Constitution of India

C. Judicial Perspective

The sale and exchange by people of wild animal and plant resources- more simply ‗wildlife
trade‘- is an issue at the very heart of the relationship between biodiversity conservation and
sustainable development.173

A. Legislation:

The Most significant legislation on wildlife protection which is based on the ecosystem
approach and a regulatory framework is the Wildlife Protection Act 1972174.

The objective of this enactment is as follows:-

I) To have a uniform legislation on wildlife throughout the country175,

II) To establish a network of protected area i.e. national parks and sanctuaries and

172
It was set up by the 1994 Ministerial Decision on Trade and Environment. It came into being with the WTO
on 1 January 1995.
173
Sara Ildfield, The trade in Wild life: Regulation for conservation, Eathscan Publications ltd.
174
Upadhyay Sanjay and Upadhyay Videh, Forest Laws, Wildlife laws and the Environment, p-243 (LexisNexis
Butterworths, Vol I , Ed 2002)
175
There were numerous State Wildlife Act such as The Bengal Wildlife Preservation Act 1873, The Goa
Daman and Diu Wild Animals and Wild Birds Protection Act 1965

60
III) To regulate illicit trade in wildlife and its products.

The third objective in the wildlife protection act which help to reduce the conflict between
illegal wildlife trade & sustainable development. Author in this chapter critically analyses the
protection of illegal trade under Wildlife Protection Act, 1972.

The term ‗Wildlife‘ is defined under Sec 2(37) – ―Wildlife includes any animal, bees
butterflies, crustacean, fish and moths and aquatic or land vegetation which forms part of
habitat‖.

Wild Animal

The WLPA goes beyond the common understanding of wild animal while defining it in two
parts. One, where a wild animal is defined to be ‗any animal found wild in nature‘. Second,
where any animal specified in the various schedules, (Sch I, II, III, IV, V) that have been
appended in the WLPA Sec 2(36). To illustrate the above definition, it can be said that a dog
found in a sanctuary or an elephant found on the streets would both qualify as wild animals.
The reason for this broad definition is perhaps aimed to cover wild species more
comprehensively, in order to prevent illegal trade or poaching outside the wild. 176

Wild Life Trade-

Wildlife trade is any sale or exchange of wild animal and plant resources by people. This can
involve live animals and plants or a diverse range of products needed or prized by humans—
including skins, medicinal ingredients, tourist curios, timber, fish and other food products.
Most wildlife trade is probably within national borders, but there is a large volume of wildlife
in trade internationally177.

There are many reasons why wildlife is traded, including178:

Food—fruits, mushrooms, nuts, leaves and tubers, are particular important resources in
sustaining livelihoods in many rural areas. Wild animals (including fish) contribute at least a
fifth of the animal protein in rural diets in more than 60 countries.

Fuel—trees and plants are an important source of fuel for cooking and heating, especially in
rural areas

176
http://www.traffic.org (Accessed on 23rd Jan 2013)
177
The Wild Life Trade Monitoring Network
178
supra 176 (Accessed on 22nd Jan 2013)

61
Fodder—considered very important non-wood forest products in arid regions of Asia and
Africa

Building materials—for example, timber for furniture and housing to ingredients in

manufacturing processes, such as gums and resins

Clothing and ornaments—leather, furs, feathers etc

Sport—from falconry to trophy hunting

Healthcare—everything from herbal remedies, traditional medicines to ingredients for

industrial pharmaceuticals. An estimated 80 % of the world's population are said to rely for
primary health care on traditional medicines

Religion—many animals and plants or derivatives are used for religious purposes;

Collections—many wildlife specimens and curios are collected by museums and private
individuals179

The primary motivating factor for wildlife traders is economic, ranging from small scale local
income generation to major profit-oriented business, such as marine fisheries and logging
companies.

Between collectors of wildlife and the ultimate users, any number of middlemen may be
involved in the wildlife trade, including specialists involved in storage, handling, transport,
manufacturing, industrial production, marketing, and the export and retail businesses.

In fact most of us are involved in wildlife trade in some way, even if it just as end consumers
of wildlife products.

B. Constitution of India & Protection of animal trade:-

A citizen has a Fundamental Right to carry on trade, business or occupation under Art-
19(1)(g) of the Constitution of India. Right to freedom as enshrined in Art -19 of the
constitution though fundamental, is not an absolute right, and is always subjected to
reasonable restrictions, which may be imposed in the larger interest of the society. 180

The destruction or depletion of other forms of life would create ecological imbalances
endangering human life. No one can be given the privilege to endanger human life as that

179
http://www.traffic.org (Accessed on 22nd Jan 2013)
180
Supra 130

62
 would violate Art. 21 of the Constitution. Basically, it is extremely essential for the survival
of man to co-exist with nature, and to preserve and protect wildlife181.

In Ivory Traders and Manufacturers Association v U.o.I,182 the court held that:-

1) No citizen has a fundamental right to trade in ivory or ivory articles, whether indigenous or
imported.

2) Assuming trade in ivory to be a Fundamental Right granted under art. 19(1) (g), the
prohibition imposed therein by the impugned Act is in public interest, and in consonance with
the moral claims embodied in Art 48A of the constitution; and

3) The ban on trade in imported ivory and articles made there from is not violative of Art 14 of
the constitution, and does not suffer from any of the maladies, namely, unreasonableness,
unfairness and arbitrariness.

C- Judicial Perspective:-

In Rajendra Kumar v. UoI183, the petitioner was running an ivory carving business under a
license which was renewed annually. The basic contention was that the trade banned under
1991 amendment was in particular reference to African an Asian elephants where as he was
carrying on business in mammoth ivory. The court rejected the petition clarifying that
mammoth ivory was included in ‗ivory‘ and that such a distinction cannot be made by an
ordinary lay man and trade in Asian elephants was being carried on under the garb of
mammoth ivory. It reemphasized its stand on wild life trade as being one of absolute
prohibition.

In The Consumer Education and Research Society v. UoI,184 came up before the apex court
from the Gujarat High Court. The state Government had declared certain area, largely prime
habitat for the Chinkara and the Indian Bustard as the Narayan Sarovar Sanctuary. Later the
Sanghi Cement Company set up its plant on the southern fringes of the sanctuary. The State
Government later reduced the area of the sanctuary by two notifications which were decided
ultra vires by the State High Court. The company had been lobbied the Vidhan Sabha to alter
the boundary of the sanctuary and the State legislature decided to reduce it by over 320 sq.
km. This step of the state legislature was upheld by the Hon‘ble Gujarat high court and the
matter was then taken to the Supreme Court. J. Nanavati opined that notifications to de-

181
P Leelakrishnan, Environmental Law Case Book, (Lexis Nexis Butterworths, 2nd Ed 2004)
182
AIR 1997 Del 267, P 295
183
AIR 1998 Raj 165
184
AIR 2000 SC 975

63
reserve need not be quashed as the ‗principle of protection‘ and ‗principle of polluter pays‘
must be applied alongside the ‗principle of sustainable development‘ and the ‗principle of
intergenerational equity‘.

The court ordered the setting up of a ten member committee with field experts to make a
comprehensive study on the environmental aspect of the project. A period of 5 years was
given to watch the functioning of the factory and its impact on the environment. This case
also reiterated the sustainable development approach.

The most important and leading decision is Mohd. Hanif Quareshi and Ors. vs. State of Bihar
and Ors185. Three legislative enactments banning the slaughter of certain animals were
passed respectively by the States of Bihar, Uttar Pradesh and Madhya Pradesh. In Bihar, the
Bihar Preservation and Improvement of Animals Act, 1956 (Bihar Act II of 1956) was
introduced which imposed a total ban on the slaughter of all categories of animals belonging
to the species of bovine cattle. In Uttar Pradesh, the Uttar Pradesh Prevention of Cow
Slaughter Act, 1955 (U.P. Act I of 1956) was enacted which also imposed a total ban on the
slaughter of cows and her progeny which included bulls, bullocks, heifers and cows. In the
State of Madhya Pradesh, it was the C.P. and Berar Animal Preservation Act (Act LII of
1949) which was amended and applied. It imposed a total ban on the slaughter of cows and
female calf of a cow. The male calf of a cow, bull, bullock, buffalo (male or female, adult or
calf) could be slaughtered only on obtaining a certificate. The bans, as imposed by the three
legislations were the subject matter of controversy.

The challenge to the constitutional validity of the three legislations was founded on the
following three grounds, as was dealt with in the judgment:

(i) that the total ban offended the religion of the Muslims as the sacrifice of a cow on a
particular day is enjoined or sanctioned by Islam;

(ii) that such ban offended the fundamental right guaranteed to the Kasais (Butchers) under
Article 19(1)(g) and was not a reasonable and valid restriction on their right; and

(iii) That a total ban was not in the interest of the general public. On behalf of the States,
heavy reliance was placed on Article 48 of the Constitution to which the writ petitioners
responded that under Article 37 the Directive Principles186 were not enforceable by any court

185
Manu/SC/0027/1958
186
Article 37 of Constitution of India states that- Application of the principles contained in this Part The
provisions contained in this Part shall not be enforceable by any court, but the principles therein laid down are

64
of law and, therefore, Article 48187 had no relevance for the purpose of determining the
constitutional validity of the impugned legislations which were alleged to be violative of the
fundamental rights of the writ petitioners.

Dealing with the challenge to the constitutional validity of the legislations, their Lordships
reiterated the well accepted proposition based on several pronouncements of this Court that
there is always a presumption in favour of the constitutionality of an enactment and that the
burden lies upon him who attacks it to show that there has been a clear violation of the
constitutional principles. The legislative wisdom as expressed in the impugned enactment can
be pressed into service to support the presumption. Chief Justice S.R. Das spoke for the
Constitution Bench and held : (i) that a total ban on the slaughter of cows of all ages and
calves of cows and calves of she-buffaloes, male or female, was quite reasonable and valid
and is in consonance with the Directive Principles laid down in Article 48; (ii) that a total ban
on the slaughter of she-buffaloes or breeding bulls or working bullocks (cattle as well as
buffaloes) as long as they are capable of being used as milch or draught cattle was also
reasonable and valid; and (iii) that a total ban on slaughter of she-buffaloes, bulls and bullocks
(cattle or buffalo) after they ceased to be capable of yielding milk or of breeding or working
as draught animals could not be supported as reasonable in the interests of the general public
and was invalid.

The first ground of challenge was simply turned down due to the meager materials placed
before their Lordships and the bald allegations and denials made by the parties. No one
especially competent to expound the religious tenets of Islam filed any affidavit and no
reference was made to any particular Sarah of the Holy Quran which, in terms, requires the
sacrifice of a cow. It was noticed that many Muslims do not sacrifice cow on the BakrI'd day.
Their Lordships stated, inter alia:

"It is part of the known history of India that the Moghul Emperor Babar saw the wisdom of
prohibiting the slaughter of cows as and by way of religious sacrifice and directed his son
Humayun to follow this example. Similarly Emperors Akbar, Jehangir, and Ahmad Shah, it is
said, prohibited cow slaughter. Nawab Hyder Ali of Mysore made cow slaughter an offence
punishable with the cutting of the hands of the offenders. Three of the members of the

nevertheless fundamental in the governance of the country and it shall be the duty of the State to apply these
principles in making laws
187
Art 48 of Constitution of India- Organization of agriculture and animal husbandry The State shall endeavour
to organize agriculture and animal husbandry on modern and scientific lines and shall, in particular, take steps
for preserving and improving the breeds, and prohibiting the slaughter, of cows and calves and other milch and
draught cattle

65
Gosamvardhan Enquiry Committee set up by the Uttar Pradesh Government in 1953 were
Muslims and concurred in the unanimous recommendation for total ban on slaughter of cows.
We have, however, no material on the record before us which will enable us to say, in the face
of the foregoing facts, that the sacrifice of a cow on that day is an obligatory overt act for a
Mussalman to exhibit his religious belief and idea. In the premises, it is not possible for us to
uphold this claim of the petitioners." 188

State of West Bengal and Ors. v. Ashutosh Lahiri,189 this Court has noted that sacrifice of any
animal by Muslims for the religious purpose on Bakri-Id does not include slaughtering of cow
as the only way of carrying out that sacrifice. Slaughtering of cow on BakrI'd is neither
essential to nor necessarily required as part of the religious ceremony. An optional religious
practice is not covered by Article 25(1)190. On the contrary, it is common knowledge that cow
and its progeny, i.e., bull, bullocks and calves are worshipped by Hindus on specified days
during various festivals. A good number of temples are to be found where the statue of
'Nandi' or 'Bull' is regularly worshipped. However, we do not propose to delve further into the
question as we must state, in all fairness to the learned Counsel for the parties, that no one has
tried to build any argument either in defence or in opposition to the judgment appealed against
by placing reliance on religion or Article 25191 of the Constitution.

State of Bihar Vs. Murad Ali Khan192, the question was whether the first class Magistrate
before whom, a range officer makes a complain, could take cognizance of the offence while
an investigation by the police is pending with regard to the same offence. The allegation was
that the respondents shot and skinned an elephant and removed the tusks. The Supreme Court
disagreed with the High Court and held that the Magistrate can proceed with the case even
while police investigation is pending, as the law allows the Magistrate to take cognizance of
the case on the complaint by forest officials. The importance of the case lies in the Courts
ecological balance overturned by human actions. The court went on further saying ―The State
to which the ecological imbalance and the consequent environmental damage have reached is
so alarming that unless immediate, determined and effective steps were taken, the damage
might become irreversible. The preservation of fauna and flora, some species of which are

188
Mohd. Hanif Quareshi and Ors. vs. State of Bihar and Ors, (p.651)
189
AIR1995SC464
190
Article 25(1) of the Constitution of India states- Subject to public order, morality and health and to the other
provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess,
practice and propagate religion
191
Freedom of conscience and free profession, practice and propagation of religion
192
(1998) 4 SCC 655

66
getting extinct at an alarming rate, has a great and urgent necessity for the survival of
humanity and these laws reflect a last ditch battle.‖

4.4. CITES and Wildlife Protection in India:

The UNEP (United Nations Environment Programme) conservation came into effect in 1975
as a result of the growing awareness that international trade was endangering more and more
wild species everywhere on the planet. CITES is an international consensus on sustainable
mutual management of natural resources.

The Convention on International Trade in Endangered Species of Wild Fauna and Flora
(CITES) was adopted in Washington on March 3, 1973. It aims to ban trade in endangered
species and to regulate trade of other commercially exploited species to ensure sustainable
trade and economic benefits for exporting countries.193

Convention on International Trade in Endangered Species of wild Flora & Fauna is an

International Convention with direct implications for conservation with direct implications for
conservation of marine living resources. The CITES recognized ‗that peoples and states are
and should be the best protectors of their own wild fauna and flora and that ‗international
corporation is essential for the protection of certain species of wild flora and fauna against
over exploitation through international trade. Under CITES, Commercial trade banned for an
agreed list of currently endangered species and also by regulating and monitoring trade in
other species that might become endangered.

Three appendices with varying degree of threats are included in CITES. Appendix-I list those
species threatened with extinction which are or may be affected by trade. If the status of a
species is seriously declining it should be listed even if there is only probability of trade. So as
not to endanger them further, no permits are issued for international trade in these species
unless there are very exceptional circumstances. Appendix II is intended to regulate
international trade in species which are not sufficiently endangered to warrant inclusion in
Appendix I, but which could become endangered unless trade in them is controlled.
International trade in these species is permitted with proper documentation issued by the
government of the exporting country. 194

193
Dinah Shelton and Alexandre Kiss, Judicial Handbook on Environmental Law, United Nations
Environmental Programme
194
Dinah Shelton and Alexandre Kiss, Judicial Handbook on Environmental Law, United Nations
Environmental Programme

67
The export of any specimen of a species included in Appendix II shall require the prior grant
and presentation of an export permit, when a scientific authority of the state of export has
advised that such export will not be detrimental to the survival of that species, a management
authority of the state of export is satisfied that the specimen was not obtained in contravention
of the laws of the state for the protection of fauna and flora; and that the shipment will carry
minimum risk of injury and damage to health or cruel treatment of the animal195.

Appendix-III is meant to provide a mechanism whereby a party Nation which regulates trade
in a species not listed in Appendix I can seek international help in enforcing that regulation.196

The contracting parties are also required to take appropriate measures-including provisions for
penalty and confiscation, to prohibit trade in the specimens of species and to enforce the
provisions of the Convention. It also makes it clear that the convention would in no way affect
the right of parties to adopt stricter domestic measures regarding the conditions (counting
complete prohibition) for trade, taking possession or transport of specimens of species
included in the appendices of the convention.197

Policy & Law relating to CITES in India

India has nearly 6.5% of the world's known wildlife species, and is one of the mega diverse
countries of the world. The global demand for wildlife and its products puts at risk the mega
diversity of the country. The changing market dynamics and the lifestyles make the existing
regulatory regimes inadequate in dealing with the wildlife crimes assuming organized status.
It calls for coordinated actions in combating the wildlife related crimes including building
capacity for scientific and professional investigation along with other measures198.

The Government of India constituted a statutory body, the Wildlife Crime Control Bureau on
6th June 2007, by amending the Wildlife (Protection) Act, 1972, a special Act to protect the
wildlife in the country. The bureau would complement the efforts of the state governments,
primary enforcers of the Wildlife (Protection) Act, 1972 and other enforcement agencies of
the country.Ch V Trade or Commerce in Wild Animals, Animal Articles and Trophies.

195
Supra 145
196
Any party can list a species in Appendix III for this purpose. India has invoked this provision of CITES for
seeking international help in controlling smuggling of reptile skins by listing four species of snakes in Appendix
III
197
Bhat sairam, Overview of the legal regime relating to conservation of wildlife in India, CEERA, National
Law School of India University, Bangalore, available at: www.nlsenlaw.org (Accessed on July 30th , 2011)
198
http://wccb.gov.in/ (Accessed on 17th Jan 2013)

68
1) Foreign trade (Development and Regulation) Act 1992

This Act replaces the earlier Imports and Exports (Control) Act, 1947. The Foreign Trade
Policy incorporating the export and import policy is formulated and announced by the Central
Govt. under section 5 of this Act. As per section 8 (1) no export or import shall be made
except in accordance with the provisions of this Act, the rules and orders made there under.
As per section 3(1) the Central Govt. makes provisions for the development and regulation of
foreign trade by facilitating imports and exports. As per section 3(2) the Central Govt. may
also by order published in the official gazette, make provision for prohibiting, restricting or
otherwise regulating in all cases or in specified classes of cases and subject to such
exceptions, if any, as may be made by or under the order the import or export of goods. As
per section 3(3) all goods to which any order under subsection (2) applies shall be deemed to
be goods the import or export of which has been prohibited under section 11 of the Customs
Act, 1962 and all the provisions of that Act shall have effect accordingly.

2) Foreign Trade Policy (2009-2014)

Foreign Trade Policy announced periodically by the Ministry of Commerce contains, inter
alia, information regarding the wildlife and wildlife products which are either prohibited or
permitted for the purpose of import or export. It also contains the conditions (which include
compliance with CITES) governing import and export of permissible species of wildlife and
wildlife products. The policy is decided in consultation with the Management Authority for
CITES in India as far as matter relating to wild fauna and flora are concerned and is enforced
through the Customs Act, 1962. The Foreign Trade Policy is brought out under the provisions
of the Foreign Trade (Development & Regulation) Act 1992 and it regulates the import and
export of all goods including wildlife.

3) Export Policy

The Export Policy permits re-export of commodities except to the extent such exports are
regulated by any other provisions of this Policy or any other law for the time being in force.
Items prohibited for export are not permitted to be carried in the personal baggage also.
Extracts of the Policy and ITC (HS) classification have been reproduced in Chapter II & III
respectively of this report. It is worth mentioning that all forms of wildlife including their
parts and products are prohibited for export except in cases where it is specifically allowed
under different parts of ITC (HS) classification of Export & Import items. Peacock tail
feathers which were earlier allowed for Export under a limited ceiling are now prohibited for

69
export. Export of exotic birds except 6 species listed under Table ‗B‘ of Schedule 2 is also
prohibited at present. Further the Ministry of Commerce vide public notice no. 47 (PN) 92-97
dt. 30-3-94 had prohibited the exports of a number of plants, plant portions and their
derivatives if obtained, from wild. This list has been amended from time to time; a list of 29
prohibited plant taxa is given in Chapter III.

4) Special Conditions for Import & Export

All imports and exports of wild animals and plants are permitted only through the Customs
points at Mumbai, Kolkata, Delhi, Chennai, Cochin, Amritsar and Tuticorin. Two essential
conditions governing the import and export of Wildlife and the derivatives are,

1. Compliance with the provisions of CITES.

2. Inspection of the consignments by the Regional Deputy Directors of Wildlife Preservation

at the Customs points. In case of items covered under CITES, an endorsement is made on the
relevant CITES export permit.

6) Customs Act, 1962

Section 3(3) of the Foreign Trade (Development and Regulation) Act 1992 provides that all
items (including wild Fauna & Flora) covered in the Import & Export policy will be deemed
to be covered under Section 11 of the Customs Act, 1962.As a consequence, all cases of
violation of the Import-Export Policy in general and CITES in particular, constitute an
offence under the Customs Act and are dealt with by the Customs officials.

Subramanian Committee Report on Illegal Trade in Wildlife, 1994-

Salient features of the report are as follows:-

1. Enlisting support and co-operation of the local people, Non-Governmental in wildlife

conservation

2. To adopt through the Ecodevelopment special measures to Project and centrally remove
the feeling of Sponsored Ecodevelopment alienation. Scheme.

3. To reduce damage to crops and cattle, Killing of livestock by wild animals. Compensation
is provided by various state governments for cattle killed by wild animals.

4. Use buffer zone to meet More than 35,000 Joint local needs through Forest Management
Joint Forest Management Committees have been formed and Ecodevelopment in different
states in the programmes.

70
5. Re-location of tribal communities during settlement process. Voluntary relocation is taken
into consideration.

6. Deployment of armed effective patrolling in squads in the disturbed and the protected
areas, in sensitive tiger reserves

7. Communication and Funds are being provided to transport facilities for the State
Governments‘ for wildlife personnel, wireless equipments and vehicles.

8. Provide arms to wildlife official for personal protection.

9. Organize surprise checks by State Administration Offices to detect transport and of

movement of illegal wildlife products.

10. Wide publicity against illegal possession of wildlife and its products. Set up Wildlife
Forensic Lab.

11. Establish Special training workshop to control illegal wildlife trade for various
enforcement agencies like Forensic lab, Customs, CBI and military forces.

12. Establish a Central Task Action for prevention of crime against wildlife & Enforcement
Mechanism to deal with the poaching and illegal trade in wildlife and its products

13. Establish a Central Wildlife Crime Data Bank to collect the components of Wildlife Trade
analyse data.

4.5 Overview :-

The preservation of Wildlife is a matter of Public Interest. It is the duty of every citizen to
protect & improve the natural environment, including lakes rivers, and wild life, and to have
compassion for living creatures.199

In GR Simon v. Union of India,200 The role of animals in maintaining ecological balance has
been analyzed. The protection of wildlife is included in the Directive Principles of the State
Policy under the Constitution (Forty-Second Amendment) Act 1976 under Clause (g) of Art
51 A of the Constitution. It is the Fundamental Duty of every citizen to protect and improve
the natural environment, including various lakes, rivers and wildlife, and to have compassion
for living creatures. The court held that:-

199
Art. 51 A (g) of the Constitution of India.
200
AIR 1997 Del 301.

71
―Wild Life forms part of our cultural heritage in the same manner as other archaeological,
painting, literature etc. Each and every animal plays a role in maintaining the ecological
balance and therefore, the contention that animals have no role to play or are detrimental to
human life is completely misconceived.‖

The court examined the examples of jackals they said that jackals are ‗natural scavengers who
feed on offal and dead animals, thereby keeping the environment clean‘. While the mortality
rate due to snake bites is very low compared to the death caused by other diseases and animal
bites, snakes are the natural killers of rats, which cause loss of nearly 33 million tonnes of
stored cereals, apart from dreaded disease of plague. It is to be recognized that Wild Life is an
asset and heritage to be preserved for future generations.201

Poaching and illegal trade in wild animals and plants and their parts and products has emerged
as one of the most serious threats to wildlife in the country. If not controlled effectively, it has
the potential to substantially nullify achievements in other fields of wildlife conservation. It
may even result in extinction of some plants and animals and substantial decline in the wild
prey populations leading to crop raiding by wild ungulates, increased incidences of livestock
predation and sometimes loss of human life by carnivores. This has alienated the communities
in several locations and they tend to resort to revenge killings and sometimes connive with
poachers. Man-animal conflict situations require urgent amelioration to avoid these becoming
a source of retaliatory action against the animals in question by the affected people, and later
foci of illegal trade in animal parts and products. This trend has to be reversed. Although
some efforts have been made for better coordination between wildlife managers and law and
order enforcement agencies, yet prevention of wildlife crime remains a priority area in
wildlife conservation and related law enforcement.202

India, as a signatory to CITES, is obliged to take all necessary steps to implement the
provisions of the treaty to ban international commercial trade in Appendix-I species of plants
and animals and regulate trade in Appendix-II and III species.

Requisite information and database on wildlife offences is scanty. Resultantly, there is little
scope to devise suitable strategies to combat it effectively. Wildlife crime detection and
follow-up is conducted in an ad hoc manner by most enforcement agencies due to lack of
investigation skills and infrastructure.

201
Ibid, p304.
202
www.sancturyasia.com (Accessed on 16th Dec 2012)

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Large number of court cases dealing with wildlife crime continues to remain pending over
long periods. Even the cases that get decided do little to deter offenders, as punishment
awarded is very less. Slow rate of conviction in court proceedings leads to the accused getting
easy exemption from appearances, thus prolonging the evidence stage. Insufficient or badly
presented evidence often coupled with non-availability of witnesses, frivolous appeals and
interim orders stall most cases at trial courts. There is urgent need to provide adequate
professional skills in prosecution matters related to wildlife offences for the frontline staff.203

Wildlife forensics as a science and tool for wildlife crime prevention and control needs to be
fostered.

Commercially valuable animals and plants are more vulnerable to poaching and smuggling.
Some examples are poaching of tiger, elephant, leopard, rhino, bear, musk, deer, snakes,
turtles and their eggs, monitor lizards, mongoose, jackals, pangolins, otters, several fish and
marine invertebrates, butterflies, birds like pheasants, Edible-nest Swiftlet and plants like
orchids.

Some regions, especially international borders of India are vulnerable to illegal trade in
wildlife. Lucrative prices offered for wild animal skins, bones, ivory, musk, bear bile and
other wildlife products as well as endangered species of butterfly, birds and plant products has
significantly enhanced the pecuniary gains of illegal trade. This has led to the growth of a
large number of mafia-like operations, which the present staff and infrastructure find difficult
to counter. The Judiciary and the Police also do not have the desired sensitivity to appreciate
the need for timely apprehension and disposal of cases relating to wildlife offences. A number
of such cases pending in courts remain untried for several years. The Subramanian Committee
and the High Court Committee have made certain relevant recommendations in this regard,
and efforts are on at the centre and state to implement these.

Media has of late started taking welcome interest in wildlife issues for a well-researched and
responsible coverage.

203
Supra 153

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