Indian Wildlife And Law

BY Sudhir Mishra

India has inherited a great wildlife treasure. This treasure contains Tibetan antelopes of the Himalayan region, magnificent elephants and turtles of the southern coast of Kanyakumari, innocent rhinoceros from the northeast region, with royal Bengal tigers in the Sunderbans to lions of Gir, musk deer and black bucks in Rajasthan, and many more. This beautiful mansion of Indian wildlife is also largely due to the diverse and unique climate of the Indian subcontinent.

The history of wildlife crime in India is as old as the history of India itself. There was abundance of wildlife in ancient India. Though the slaughtering of these innocent creatures was not prohibited, the killing was not organized for trading purposes. With the advent of the modern era the atrocities on these poor creatures have increased manifold. The basic reason behind these atrocities is overpopulation and human lust to selfishly garner the wildlife for their own interest.

The barbaric condition of illegal wildlife trade can be appreciated from the following facts:

  • Wildlife crime/trade is the second largest illegal trade after narcotics.
  • Over 1000 plant species are officially threatened along with 53 mammals.
  • In the last 10 years there has been a dramatic increase in the illegal wildlife trade, which also coincides with the extinction of several species in China.
  • China and Far East countries are the biggest manufacturers and exporters of illegal wildlife products. Now the target is India, as these countries have lost their wildlife treasures due to rampant poaching.
  • International wildlife crime is conceived and executed in a well-designed strategy. A tiger skin, falcon, ivory, etc. from a remote village near a National Park reaches the Middle East market within a week due to the illegal network.
  • The condition becomes more morbid as the government’s law enforcing agencies, like forest department, police, etc. are inactive and ill-equipped in terms of logistics, arms and intelligence to combat wildlife crime.

Some highly endangered wild animals

  • TIGER: For years tiger skins were sought out, but in the last ten years blood, bone and the veins of tigers are in great demand. Tiger bone is used in production of policy medicines, traditional medicines, oriental medicines and ointments common in China and Far East countries. Cough syrup, wine and soup prepared from Tiger blood is available in Far East markets.
  • ELEPHANT: Ivory is a major area of concern in recent times. Due to total ignorance in the country and planned elephant hunting, the number of elephants has reduced alarmingly. If the elephant hunting continues at this rate, we will have elephants in calendars and temples only. The demand of ivory is mostly from Japan, Singapore, Indonesia, Hong Kong, and China. The biggest threat is the planned elimination of elephants from Corbett National Park, Bandipur National Park, Rajaji National Park, and some other areas in Assam.
  • TIBETAN ANTELOPE: Shahtoosh taken out of the Tibetan antelope is found in the temperature range of -47°C in the higher altitude of Himalayas. Earlier misconception was that the animal (Chiru) only sheds its wool in some seasons. This myth was broken by Dr. George Schaller who printed visual proof of a massacre of thousands of Tibetan Antelopes in the high mountain ranges of the Himalayas and the Plateau of Tibet by Chinese and Kashmiries together. Now several non-government organizations have taken up anti-Shahtoosh movement as a campaign in fashion shows, social events and court cases and have sensitized the people. This movement also includes the redirection of the Shahtoosh shawl workers.

Important wildlife legislation

There are several legislations for the protection of wildlife at present. However, more clout is required in executions to ensure convictions of the accused in wildlife cases.

  • Wildlife (Protection) Act, 1972
  • Several provisions of the Constitution of India
  • Environment (Protection) Act, 1986
  • Forest (Conservation) Act, 1980
  • Indian Forest Act, 1927
  • Indian Penal Code, 1860
  • Code of Criminal Procedure, 1973
  • Customs Act, 1962
  • Arms Act, 1959
  • CITES (Convention on International Trade in Endangered Species of wild Flora and Fauna) came into force in 1973 having 143 signatories at present.

The protection of wildlife in India is getting more and more dependent on the courts. Through criminal courts wildlife crime matters are tackled. However, it is only through Public Interest Litigation that wider issues of conservation are taken care of. Both the Hon’ble Supreme Court and different High Courts, throughout the country, have passed several landmark judgments which will go a long way in the protection of Indian wildlife. At the same time cases against celebrities like Salman Khan in trial courts have generated tremendous awareness against commission of wildlife crime.