By Apurwa Prasad
National university of study and research in law, Ranchi
"in 2019, pangolins, the only mammals present in earth with scales, an estimated 2 lakhs were being illegally trafficked for their scales. In 2020, in Ethiopia, in one single day, six elephants were being killed by poachers."
Every species in the planet earth has a significance. The protection of each and every species is the need of hour. A healthy environment requires equilibrium between all the species. We all are witnessing the negative effects of climate change on the planet and the major reasons of it being the activities of human beings. Our environment needs the correlation between human beings, plant, animals and all the other species to have a balanced eco-system. But, the activities of humans are becoming very concerning as the rates of crime against animals and plants are increasing at an alarming rate.[1] According to the World Wildlife Fund (WWF), the fourth largest form of transnational organized crime is wildlife trafficking, and the report in itself a warning for the future. The degradation of environment by human beings in any form would lead to have very harmful effects on the planet and this issue needs to be addressed as soon as possible considering the threat to wildlife.
The prevention of wildlife catastrophe requires the involvement of all the individuals around the world. The lack of unity, adherence and knowledge is contributing towards the increase in the illegal wildlife trade practices. The central body, that is, the state of every country is the main agency from which the communication, collective work can be organized at an international level. The laws of the country guarantee certain rights and freedom to the citizens of the country. Likewise, there are environmental laws in every country that works for the protection of environment. Laws act as a positive compulsion on every individual to adhere with the rules and regulations, made with a reasonable cause, with a goal to achieve, the betterment of every individual and the environment in which, we reside.
It requires utmost delinquency and prudency to deal with the emerging problem of wildlife trade, as it is forceable that the effects of such illegal practices would be harmful for the earth. The discussion on the topic of wildlife trade in the international front is not new. There has been a lot of treaties signed between the countries, different laws have been passed and amended for the protection and prevention of illegal trade. But, the point to be consider is, the effectiveness of such laws as the crime is increasing at an alarming rate, making the situation for the wildlife to sustain in the environment worse.
LEGAL STATUS: INDIA
The Constitution of India provides for the protection of wildlife.[2] Article 51A (g) of the constitution advocates that it shall be the fundamental duty of the citizens to protect and improve the environment.[3] In the case of K.M Chinnappa v. Union of India, it was being held that under the ambit of Article 21, which talks about the right to life with dignity includes the protection and preservation of environment, the balance in the eco-system with pollution free air, water, sanitation.
Wildlife Protection Act, 1972
[4]The Wildlife Protection Act, 1972 provides for numerous provisions that acts as protector and preventor of wildlife and the illegal trade of the animals respectively. In the case of [5]GR Simon V. Union Of India, the constitutional validity of this Act was questioned. The petitioner had the business of leather, which was made out of the skin of snake. He contended that the legislation is against the fundamental right 19 (1) (g), that guarantees right to carry out trade and commerce freely. The court held that the any act which would cause harm to the society, against public interest and animals being a part of natural society are required to be protected and hence, Wildlife Protection Act, 1972 is valid and constitutional.[6] In the case of Babran Kumawat v. Union of India, the court punished the Ivory trader, who used to poached wild elephants and sell it in the name of Mammoth Ivory.
The Performing Animals Rule, 1973 and The Performing Animals (Registration) Rule, 2001
The exhibition and the use of animals in circus to attract a large number of audience has become one of the major business around the world, but sometimes it lead to humiliation or use the animals in an insensitive way can cause misery to them or make them behave in a harsh manner. There are laws to prevent all these illegalities. Under this Act, there is a procedure that is to be undertaken before exhibiting animals.[7] Section 8 of this Act, deals with registration to the prescribed authority, while granting for the exhibitions.
Indian Penal Code, 1860
[8]The Section 428 and Section 429 of IPC, advocates that poaching, maiming, poisoning, killing or torturing an animal is a cognizable offence and the consequence of it being is immediate lodging of FIR in area police station. The punishment of such crime is imprisonment which may extent to 5 years or fine or both.
So, these are some important steps of the government by implementation of laws, legislations, Acts and the judiciary is also playing a vital role in saving these provisions and the combine effect of both would help in eradicating these crimes.
LEGAL STATUS : OVERSEAS
There are numerous conventions, treaties between the countries for the regulation of the environment. To counter illegal wildlife trade, there have been major steps taken worldwide, considering the harmful effects of such crimes. The UN Environment Assembly (UNEP), the body that coordinates environmental issues within United Nations, has address the issue of illegal wildlife and urged the nations for eradication of such crimes. The campaign “Wild For Life” was also being launched by this platform and with the help of social media influencers, for fast promotion of the program. The other important international bodies such as the convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) acts as a preventor of different species of plants and animals. The over-exploitation of the species can be regulated by the combine effect of all nation and that is ensured by this organization. The International Consortium on Combating Wildlife Crime (ICCWC) acts as an additional strength provider to the cooperation.
[9]If, we look at some of the findings in the past few years, in 2019, pangolins, the only mammals present in earth with scales, an estimated 2 lakhs were being illegally trafficked for their scales. In 2020, in Ethiopia, in one single day, six elephants were being killed by poachers. The illegal trafficking of the meats, skin, specimen of the different species around the world is very concerning, as it is increasing at a fast rate. According to the, International Union for Conservation of Nature (IUCN) there are several species of animals that are on the verge of extinction due to illegal trafficking.
Around the globe, the wildlife trade, has become a burning issue, considering the increase in crime rate. There are laws, legislations, conventions, that are working and taking some major steps to counter the illegal trade practices. All these bodies, internationally have framed some rules which need to be respected, adhered, and implemented in the best possible manner to get the requisite results and would ultimately save our planet, earth.
CONCLUSION
The survival of wildlife is as vital as the survival of human beings itself. To maintain the balance in the environment, the existence and equilibrium of all the species is required. As discussed, there are laws to prevent, there are treaties and conventions, the conferences at the international front is being held to deal with issue of illegal wildlife trade. Many people involve in this kind of businesses should be aware of the consequences of the such crimes. For their profit, the nature is being compromised, which would turn out to effect the planet in a very harsh manner. So, it can be concluded that as the rates of the crime is increasing, therefore the first suggestion would be better implementation of laws, the second would be awareness. Awareness is the key, as it could really help in decreasing the crime rates. The third would be the involvement of each and every individual around the globe and should work together for eradication of illegal wildlife trade from the world.
" [1] Saiyara Khan, Criminal Elements: Illegal Wildlife Trafficking, Organized Crime, and National Security, newsecuritybeat.org, (Nov. 28, 2021, 9:29 PM), https://www.newsecuritybeat.org/2018/01/criminal-elements-illegal-wildlife-trafficking-organized-crime-national-security/ "in 2019, pangolins, the only mammals present in earth with scales, an estimated 2 lakhs were being illegally trafficked for their scales. In 2020, in Ethiopia, in one single day, six elephants were being killed by poachers.in 2019, pangolins, the only mammals present in earth with scales, an estimated 2 lakhs were being illegally trafficked for their scales. In 2020, in Ethiopia, in one single day, six elephants were being killed by poachers.in 2019, pangolins, the only mammals present in earth with scales, an estimated 2 lakhs were being illegally trafficked for their scales. In 2020, in Ethiopia, in one single day, six elephants were being killed by poachersin 2019, pangolins, the only mammals present in earth with scales, an estimated 2 lakhs were being illegally trafficked for their scales. In 2020, in Ethiopia, in one single day, six elephants were being killed by poachersin 2019, pangolins, the only mammals present in earth with scales, an estimated 2 lakhs were being illegally trafficked for their scales. In 2020, in Ethiopia, in one single day, six elephants were being killed by poachers [2] INDIA CONST. art. 51A (g). [3] K.M. Chinnappa, T.N. Godavarman v. Union Of India, AIR 2002 SC 724 [4] Wildlife Protection Act, 1972, Acts of Parliament, 1972 (India) [5] G.R. Simon v. Union Of India, AIR 1997 Delhi 301 [6] Balram Kumawat v. Union Of India & Ors., AIR 2003 SC 3268 [7] The Performing Animal Registration Rule, 2001, § 8, Acts of Parliament, 2001 (India) [8] Indian Penal Code, 1860, § 428, Acts of Parliament, 1860 (India) [9] Hannah Ritchie, Marx Roser, Biodiversity, Our world in data, (2021)
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