By Shivam Singh
1st Year Student of Dharmashastra National Law University
"..we have many more laws to protect the animals such as in India we have Wildlife Protection Act of 1972, Biological Diversity Act of 2002. but they have remained ineffective to the level that the hunting and illegal killing has rather increased in the recent years."
INTRODUCTION
Laws are made for various purposes such as protecting, maintaining, and upholding society and in some ways Laws are formulated for animals to protect them from illegal poaching, hunting and other forms of danger that animals face. Laws are made at two levels, national and international level, at the national level, it is the individual countries who make Laws for the protection of animals within a particular territory. These laws are backed by sanctions which to some extent protect wildlife, but this is not the case at the international level because of two reasons – first that countries have to ratify international treaties or conventions which makes it difficult to enforce them at a such large level. Second, it depends upon the country to rectify the treaty and if it does not ratify the treaty, then provisions of the treaty would not be binding on that country even after violation of provisions and no legal sanction could be imposed on that country.
INTERNATIONAL LAWS TO PROTECT THE ANIMAL
The lack of international consensus leads to the current discordant treatment of animals around the world, echoing the need for an international framework addressing the issue.[1] Though laws have been framed Convention on Biological Diversity, Convention on Conversation of Migratory Species of Wildlife and Convention on International Trade in Endangered Species of Wild Flora and Fauna. Let's understand each of them in brief.
CONVENTION ON BIOLOGICAL DIVERSITY - Also known as UNCBD, signed in the year 1992 and enforced in the year 1993 is a multilateral treaty signed by 196 countries which creates legal binding on the signatories. This treaty tries to conserve biological diversity, with emphasis on Sustainable utilization of the biodiversity component and fair and equal distribution of the advantages brought about by genetic resources thus it helps in Creating national policies for the preservation and sustainable utilisation of biological variety the goal of the CBD. The convention carries out the following in order to do that: adopting a preventative strategy for biodiversity preservation, emphasizing the critical roles played by women and local communities and also asserting the intrinsic value of biodiversity.
CONVENTION ON CONVERSATION OF MIGRATORY SPECIES OF WILDLIFE - The United Nations Environment Programme is the umbrella organisation for the 1979-signed Convention on the Conservation of Migratory Species of Wild Animals (Bonn Convention; CMS). It offers a platform for the protection and wise use of migratory animals and their habitats on a worldwide scale. The CMS is the only international, UN-based organisation created specifically for the protection and management of migratory terrestrial, aquatic, and avian species throughout their range. The main aim of the convention is to take steps for their conservation and protection, CMS brings together the states and the range states from which the migratory species pass.
CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FLORA AND FAUNA – States and regional economic integration organisations voluntarily ratify the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). A decision made by the International Union for Conservation of Nature's members in 1963 led to the creation of CITES (IUCN)[2]. Main functions which the convention are, a licencing procedure must be used to allow any import, export, re-export, or introduction from the sea of species covered by the Convention, and then Each Party to the Convention shall appoint one or more Management Authorities to be responsible for overseeing the licencing system and one or more Scientific Authorities to provide scientific advice on the impact of trade on the status of the species and at last, the Convention's Appendices I, II, and III contain lists of the species that receive various levels or forms of protection from overexploitation.
Though apart from this we have many more laws to protect animals in India we have the Wildlife Protection Act of 1972, and the Biological Diversity Act of 2002, but they have remained ineffective to the level that hunting and illegal killing has rather increased in recent years. As said by James Watson professor at varsity “It might be hard to believe, but between 1993 and 2009, an area of terrestrial wilderness larger than India - a staggering 3.3 million square kilometres - was lost to human settlement, farming, mining and other pressures," [3]. There have been many other factors responsible for the killing and decline in animal populations across the globe, such as deforestation and degradation of the land where the animals are heavily dependent for their subsistence.
STEPS TO BE TAKEN TO PROTECT ANIMALS AT GLOBE LEVEL
‘Vasudev khutumbakam’ term which we have seen in Indian philosophy which means that the whole world is our family and is a very inclusive term which is not only restricted to human beings but also includes animals. Thus, to protect them, first, we have to consider them as someone who is not dangerous or enemy to us but as creatures who can’t even speak for themselves and it creates a moral and social obligation to every individual to protect them at a very basic level. At a larger level, we not only need to make stringent policies but also have an approach which tries to reform the mindset of individuals as well as wrongdoers. Laws are made in the modern world to guide human behaviour but by only making law problem would not be solved and proper implementation is also required. We have more than 100 laws relating to animal protection at the global level and if we would have effectively implemented them, then half of our problem would have been solved by now. Thus, animal protection is the need of the hour because humans have the right to live dignified life then why animals are treated with human cruelty, can’t they have dignified lives?
[1] Author Steven White (no date) Into the void: International law and the Protection of Animal Welfare, Global Policy Journal. Available at: https://www.globalpolicyjournal.com/articles/international-law-and-human-rights/void-international-law-and-protection-animal-welfare (Accessed: February 5, 2023). [2]Drishti IAS (2019) CITES, Drishti IAS. Available at: https://www.drishtiias.com/important-institutions/drishti-specials-important-institutions-international-institution/cites (Accessed: February 5, 2023).
[3] Animals' habitat is in danger: 8 international laws of wildlife protection (2018) India Today. India Today. Available at: https://www.indiatoday.in/education-today/gk-current-affairs/story/animals-habitat-is-in-danger-8-international-laws-of-wildlife-protection-1381099-2018-11-02 (Accessed: February 5, 2023).
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