Wildlife Trafficking

Introduction

Wildlife is the most important part of the ecosystem. Humans are also a part of the ecosystem but since we humans are metaphysically & intellectually developed than other beings present on earth, we have been focusing on our needs and requirements only &owing to this we have been suppressing the wildlife. We trade in wildlife & the agencies have even legitimatised allowed harvesting of various species of wild animals & plants which are caught from the wild and then sold for consumption as food, or use as showcase plants, leather products, ornaments, medicine or traded as pets. This trade is limited & is done as per the guidelines laid down by the respective governments& agencies. However, a large proportion of this trade is done illegally & hence, is a point of concern as the Illegal wildlife trade is posing a significant threat to the conservation efforts going on around the world to prevent the already damaged environment. Illegal Wildlife trade is the 4th largest transnational crime& is aided by money laundering with an overall annual worth of around 20 Billion USD.[i]

It relates wildlife trafficking to the poaching &illegal trade of protected or managed species of wildlife and their parts and products. Wildlife trafficking is increasing at an alarming rate as Wildlife traffickers’ function in a highly organised way &their syndicate operates at different levels of the supply chain which included poachers, local informers, transporters and financiers. Many iconic, vulnerable & endangered species of tigers, elephants, leopards, rhinos, pangolins, bears, deer, star tortoises, butterflies, peacocks, corals, etc. are facing significant threats from trafficking because of the demand for wildlife specimens and their parts.

Reasons

Over the years, wildlife trafficking has emerged as a form of Organised Transnational Crime that has threatened the existence of many wild species across the globe & there are various reasons for the increase in wildlife trafficking some of which are:

  1. Lifestyle

In present times, lifestyles have become very diverse & many people have an interest in products which are made using animal parts or plants like clothing, exotic jewellery, decorative items, luxury items, etc. This interest has developed into a desirous habit wherein people want more & more of such products. Some people keep wild animals as pets which includes rare animals. Their willingness to pay enormous sums of money for fulfilling their desire is a reason which allows the wildlife traffickers to operate.

  • Medicinal Properties

This is the primary &most important reason for increasing the illegal wildlife trade. There are many species of flora & fauna which are known to mankind as having special medicinal properties. The respective agencies have allowed limited trading of such wildlife for research & benefit of mankind but the downside is that since the information regarding such medicinal properties is in the public domain & the access is limited many people try to do this trade illegally with the help of wildlife traffickers. since there are innumerable diseases around the world, hence, to find a remedy people exploit wildlife & are aided by wildlife trafficking.

  • Consumption

This is also a reason for the increase in wildlife trafficking as there are many delicacies around the globe which are made using exotic & rare species of wildlife. Since most species have protected this desire to relish these delicacies is fulfilled with the help of wildlife traffickers who help in making these species available to such clients.

  • High-Profit Business

Since most people are only concerned about earning money & many don’t care about the way the money is earned, they are more prone to indulge in such activities as wildlife trafficking is a high-profit business because people will pay enormous sums to fulfil their desire or requirement of the respective wildlife species.

  • Myths

This is also one reason for the increase in illegal wildlife trade especially in countries where people are more prone to superstition. There are various myths related to wildlife species like them being considered as a supposed cure for rare or chronic diseases or even one-shot cure for a disease or there alleged good impact on life, etc. These myths increase the demand for wildlife which is fulfilled/supplied by the wildlife traffickers.

There are various other reasons like poverty, lack of education, increasing human habitat, limited laws, & many others which have contributed to increasing wildlife trafficking.

Wildlife Trafficking & Related World laws

Across the globe, human growth has led to a sharp decline in the wildlife population. The rapid increase in wildlife trafficking is a major threat to the wildlife on our planet was already under pressure from the growing human civilization. There are many wildlife species which are struggling for their survival because of wildlife trafficking like the African Elephant, Amur Leopard, Indian Elephant, Hawksbill turtle, Javan Rhino, Sunda Tiger, mahogany, corals, etc. as it affects them the most. I do the illegal wildlife trade via a syndicate which has organised various international and domestic networks in and among wildlife trade hotspots. The wildlife trade hotspots are areas where the illegal wildlife trade is growing at a threatening rate, which includes parts of China’s International Border, East and Southern Africa, Southeast Asia, Parts of Mexico, Caribbean and Latin America and Eastern Border of European Union.

There are various international conventions& treaties like The Convention on International Trade in Endangered Species (CITES) 1973, the Convention on Migratory Species (CMS), the Convention on Biological Diversity (CBD), the Ramsar Convention, and the World Heritage Convention & many regional agreements, such as those focusing on Africa, Antarctica, or Europe & other which focus on particular species, such as polar bears or albatrosses like the Elephant Conservation Act 1989, Polar Bear Treaty 1974. which have been agreed upon by various countries to protect the wildlife. All these agreements & treaties collectively make the International Wildlife Law. There are various world level organisations which have been set up to preserve & conserve the wildlife, namely Worldwide Fund for Nature, International Union for Conservation of Nature, Wildlife Conservation Society, The Nature Conservancy, etc. These organisations work closely with the respective enforcement agencies throughout the world to ensure it equips them to detect, identify and prevent poaching and illicit wildlife trade which helps in conserving wildlife.

Illegal Wildlife Trade in India& Related Laws

In India, local demand for wildlife is relatively less & a large part of illegal wildlife trade is meant for the international consumer markets like China, South East Asia & the wildlife is smuggled to Gulf, Europe & Northern America as well which has meant that the situation is bad just like the rest of the world.

In recent years, Wildlife trafficking has exploded in India as there has been an increase of over 50% in poaching and wildlife trading &even the number of species poached or illegally traded in the country has exploded from 400 in 2014 to 465 in 2016 as per the information given by the Ministry of Environment, Forest and Climate Change in the Parliament during a session held in March 2017.

The list of wildlife species which are trafficked in India includes the likes of tigers, chinkara, blackbuck, blue bill, star tortoise, elephants, peacocks, leopards, rhinoceros, wild boar, tokay gecko, red sand boa, etc. Indian wildlife species and products commonly smuggled out of the country are tiger and leopard skins, their bones and other body parts, rhino horns, ivory, turtles and tortoises, sea horses, snakeskin &venom, mongoose hair, tokay gecko, chiru fleece, musk pods, sea cucumber, bear bile, medicinal plants, red sanders timber and caged birds such as mynas, parakeets, munias, etc. The most trafficked wildlife species in India are pangolins, tortoises & seahorses. In India, wildlife trafficking can be attributed to reasons like the medicinal benefits of a particular wildlife species, people keeping wild animals in captivity, black magic& myths, use of wildlife parts in decorative items, traditional meat-eating habits of Indians &moreover poverty, as most of the times the syndicates pure traditional skilled tribal hunters to do such activities instead of money as they are well-skilled at navigating the forest, at identifying animal tracks, locating animals.

Laws

The Constitution of India respects the environment &advises the state under Article 48 A [iii] as a directive principle as wells its citizens as a fundamental duty under Article 51A (g)[iv], that they shall endeavour to protect the wildlife & natural environment & shall have compassion for living creatures. Further, as per the Indian Constitution, the State shall develop a mechanism and plan Acts for protecting wildlife.

Subsequently, Our Indian Governments have taken major initiatives in protecting and safeguarding animals which have resulted in India having a strong legal and policy framework to regulate and restrict wildlife trade. There are various laws in force which protect wildlife.

  • Wildlife Protection Act, 1972

The Wildlife Protection Act is one of the most important act functioning for protection of wildlife in India & comprises 66 Sections, VI Schedules covered under VIII Chapters. This act was passed in 1972 &has prohibited trade in over 1800 species of wild animals, plants and their derivatives. This act provides for setting up of specific authorities to protect wildlife & regulate the trade of wild animals, birds, plants & their parts by restricting hunting & other such activities.

  • The act prohibits hunting of animals mentioned in Schedule 1, Schedule 2, Schedule 3 and Schedule 4 of the act like BlackBuck, Indian Gazelle, Nilgai, golden Gecko, Whale shark, Hill Myna, butterflies, corals, etc [V]. Only permits hunting in specific cases as provided under Section 11 & 12.
  • Section 39 of this act specifies that all wild animals are Government property which includes dead animals & their parts or products made from them.
  • Section 50 of WPA provides for arrest without warrant & detention for offences against the WPA in respective cases &the Director, or the Chief Wildlife Warden or any officer authorised by them or any forest officer or any police officer, not below the rank of sub-inspector may make the arrest& has this discretionary power as per the provisions.
  • The act also has provision for punishment as mentioned in Section 51 for the offences under the act. Clause 1 stipulates that “any person who contravenes any provision of Act or any rule or order made shall be guilty of an offence under this Act and shall, on conviction, be punishable…”. The maximum punishment for first-time offenders can be imprisonment for 3 years or a fine of Rs. 25,000at max. or with both& for repeat offenders minimum imprisonment for3 years & maximum 7 years and also with a minimum fine of Rs. 25,000.

  • Prevention of Cruelty to Animals Act, 1960

They passed this act to prevent the infliction of unnecessary pain or suffering on animals and for that purpose to amend the law relating to the prevention of cruelty to animals. It protected animals from cruelty, experimentation & unrecognised religious practices. This act provides for punishment for crimes against animals & also restricts & regulates the exhibition and training of performing animals.

In 2017, The Ministry of Environment, Forest and Climate Change made some rules under this act to regulate dog breeding, animal markets, aquarium and pet shop owners. The rules have made registration for a pet shop owners under the State Animal Welfare Board of respective states mandatory. The rules have banned keeping, displaying or housing of “sea turtles, marine turtles, cetaceans, otters, penguins, manatees, artificially coloured fish and other listed under Wildlife Protection Act, 1972 and under Appendix I of Convention of International Trade In Endangered Species [iv]” in the aquarium.

  • The Wildlife Crime Control Bureau

The Wildlife Crime Control Bureau is a statutory multi-disciplinary body established by the Government of India under the Environment and Forests Ministry. They established it with the ultimate aim to combat organised wildlife crime in the country. They mandate the bureau to collect and collate intelligence related to organised wildlife crime activities under Section 38 (Z) of the Wildlife Protection Act, 1972 and co-ordinates with various enforcement agencies & state governments to take the required action against wildlife traffickers & offenders. It assists the State Governments in cases related to wildlife crimes and also advises the Government of India on issues& policies related to wildlife crimes having national and international ramifications& further implementation of the respective laws.

  • The Indian Penal Code, 1860

The Indian Penal Code also has provisions related to wildlife. “Killing, poaching, maiming, poisoning or torturing an animal” is punishable under Section 428 and Section 429 of the IPC. Commission of the aforementioned such acts is a cognisable offence and the punishment for such acts is rigorous imprisonment which may be extended to five years or fine or both.
Apart from the aforementioned laws, various other laws are operating within the Indian territory which deals with issues related to animals such as the Local Municipal Corporation Acts; Experiments on Animals (Control and Supervision) Rules, 1968, The Prevention of Cruelty to Animals (Slaughter House) Rules, 2001.etc.

There are organisations like PETA (People for the Ethical Treatment of Animals) which work hand in hand with the Indian Government to protect all animals including wild and endangered birds and animals.

Judicial Perspective

The Indian Judiciary has supported the ultimate aim of protecting the wildlife by punishing the convicts as per the guidelines laid out in the respective acts.

  • In Wild Life v. Ashok Kumar & Ors., [the accused were arrested on information by the officers they were trading in leopard skin. They were found guilty of the offence under Section 49/49 B & were sentenced as per the guidelines of Section 51 of the Wildlife Protection Act.
  • In Sansar v. State, [vii] The Delhi High Court upheld the order of the lower court punishing the offender under sec 49 and 57 of the Wildlife Protection Act for keeping trophies/uncured trophies of the animals & uncured skins of Red Fox and Agra Monitor Lizard.
  • In GR Simon v. Union of India, [viii] the petitioner challenged the constitutionality of provisions of Chapter VA of the Wildlife Protection Act, 1972 based on them violating the fundamental right 19 (1) (g) to carry out any trade and commerce freely. However, the Delhi HC upheld the constitutionality of the amending act & they observed it that protection of wildlife is an act of public interest.

In Pradeep Krishen v. Union of India, [ix] The M.P. government order which had allowed the villagers and communities near the sanctuaries and national parks to get tends leaves through it challenged contractors due to the concern that it already destroyed many trees because of the activities of the villagers. The Supreme Court directed the Madhya Pradesh government to prohibit entry of villagers or tribal people in the protected areas& declare the respective areas as Sanctuaries/National Park.

Conclusion

Wildlife is essential for the environment as it is the most important part of the ecosystem. However, we humans even after knowing the importance of wildlife have constantly challenged its presence. Wildlife crime has further eased the risk which was not considered an actual threat until the past few decades. Although, now the threat has been recognised &there are many national & international laws in existence, but they have failed to have the desired effect of restricting this rapidly increasing crime. This is because the enforcement of laws are not strict enough, rampant corruption & lack of coordination amongst the respective agencies as it is a transnational crime which goes across national boundaries.

The respective organisations should try to create awareness in the masses regarding the importance of wildlife. The enforcement agencies should work more stringently to reach the actual culprits i.e. the syndicate behind the wildlife trafficking-related crimes & not just the people who are involved in the work on the ground i.e. the person who catches or kills the animals or plants.

We can conclude it that dismantling wildlife crime requires collaborative action by the respective agencies which have been mandated to protect wildlife especially the national agencies as like in India they have zero coordination. All animals, birds, plants, etc are part of our natural society& it is our responsibility to take care of them, protect and safeguard them.

Questions

  1. What is Wildlife Trafficking?

Trade-in wildlife & the agencies have even legitimatised allowed harvesting of various species of wild animals & plants which are caught from the wild and then sold for consumption as food, or use as showcase plants, leather products, ornaments, medicine or traded as pets.2. What are the various reasons for Wildlife Trafficking?

2. Which act is most relevant in cases related to Wildlife in India?

The Wildlife Protection Act is one of the most important act functioning for protection of wildlife in India & comprises 66 Sections, VI Schedules covered under VIII Chapters. This act was passed in 1972 &has prohibited trade in over 1800 species of wild animals, plants and their derivatives. This act provides for setting up of specific authorities to protect wildlife & regulate the trade of wild animals, birds, plants & their parts by restricting hunting & other such activities.

3. Does The India Penal Code have provisions related to Wildlife crimes?

The Indian Penal Code also has provisions related to wildlife. “Killing, poaching, maiming, poisoning or torturing an animal” is punishable under Section 428 and Section 429 of the IPC. Commission of the aforementioned such acts is a cognisable offence and the punishment for such acts is rigorous imprisonment which may be extended to five years or fine or both.


References

The Wildlife Protection Act, 1972

The Constitution of India

The Indian Penal Code, 1860

https://www.traffic.org/about-us/illegal-wildlife-trade/

http://www.legalserviceindia.com/legal/article-1410-illegal-trafficking-and-poaching-laws-in-india.html

https://www.latestlaws.com/articles/wildlife-trafficking-and-poaching-in-india-law-and-judicial-perspective-by-lakhan-gupta/

www.indiankanoon.org

https://wwf.panda.org/our_work/wildlife/problems/illegal_trade/

https://cites.org/


[i]https://www.traffic.org/about-us/illegal-wildlife-trade/

[ii]The Constitution of India, Article 48 A

[iii]The Constitution of India, Article 51A (g)

[iv]The Wildlife Protection Act, 1972, Section 9

[v] https://cites.org/eng/disc/species.php

[vi]CC No.301845/16 in Delhi District Court

[vii]1994 IAD Delhi 13

[viii]AIR 1997 Delhi 301

[ix] Writ Petition (C) No. 262 of 1995

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