The Need for a New Regime to Curb the Cross Border Trafficking of Turtles from India

By Shambhavi Sharma

Symbiosis Law School, Nagpur

"TRAFFIC reveals that a minimum of 1,11,310 tortoises and freshwater turtles entered illegal wildlife trade in a 10-year period i.e., September 2009–September 2019."

Turtles are found in all regions of the world except Antarctica. Tortoises, turtles and terrapins can be categorized as Turtles. Throughout the globe, 356 recognized species of the creature exist[1]. However, turtles are also one of the most poached and trafficked species globally and as a result of this, their numbers are dwindling across internationally. Unfortunately, turtles are now the most imperiled major group of vertebrates (animals with backbones) with about 60% of modern turtles either extinct or threatened.[2] This article explores and examines the importance of turtles from both an environmental and a medicinal perspective. This article explores in depth the crucial role played by turtles for the betterment of their natural environment. Further, the importance of turtles from a medicinal aspect has also been explored as according to the principles of traditional Chinese medicines, turtles can cure everything right from common cough to impotency in men.

A major portion of Asian turtles reside in India. The Indian states of Uttar Pradesh and West Bengal are especially known for their turtle population. Even though turtles are protected under national legislation, their trafficking continues. This article analyzes the factors responsible for the trafficking of turtles. Further, the ways through which such trafficking takes place is identified as well. The various wildlife regulations are critically analyzed in this article and drawbacks of the legislation are identified. Lastly, some suggestions have been made to ensure that such incidents do not take place and the number of trafficked turtles is reduced.

Importance of Turtles – An Environmental and Social Perspective

The Environmental Importance of Turtles

Turtles have an extremely important role in the aquatic food chain. They prey on insects and in addition to that, turtles hunt smaller creatures like ducks and fishes. The presence of turtles in an ecosystem ensures that the population of a certain species is not exceeded beyond the desirable limit in that particular ecosystem.

Turtles are also an important source of food for animals like raccoons, skunks, seagulls, snakes, crocodiles and alligators. The disappearance of turtles from a particular ecosystem would deprive animals such as raccoons and alligators of an important food source. This would further disrupt the ecological balance of the ecosystem as it would force the predators to excessively hunt other species and this would have adverse effects on their population. It would also force the predators to move to another geographical area altogether, thereby disrupting the ecological and environmental balance and having an adverse affect upon the food chain of the area that they locomote to.

Scavenging is the most common way that turtles pick out food. This Scavenging ensures that the dead bodies of animals are cleaned up and no bacterial or viral outbreak occurs in the wild which would not only threaten other animals, but also human beings.

Turtles also consume plants in great quantities. Unlike most animals, turtles are able to spend long periods of time underwater and this helps them feast on aquatic plants. Without turtles, lakes would be overrun by vegetation and fishes wouldn’t have enough space to live comfortably. Turtles also eat a lot of vegetation while they are on land, but the biggest impact that they have is in the water since there aren’t many animals that can eat the aquatic vegetation.[3]

Usage for Turtles in Chinese Traditional Medicine and Research

The Turtle is one of the most common creatures used in traditional Chinese medicine. Every part of the turtle is used, which includes but is not limited to the turtle’s urine, blood, skin and eggs. The eggs, blood and bile are all added to wine to provide particular cures, whereas the skin and head are eaten alone. The shell can either be ground into powder or boiled in water, and the urine is used as drops in the ear or consumed as a beverage.[4] Unfortunately, not only do a majority of South East Asian nations believe in the effectiveness of Chinese medicines, they also conduct various researches on turtles to further explore their medicinal and health values. As the standard of living of a vast majority of the Chinese population is increasing, the demand for turtles is increasing as well.

Even though commercial turtle farms have been established in the recent past, people still attach more value to native turtles. As a result of which, the pressure on native and wild turtles have increased. Due to the increase in demand and the profitable nature of the trade, the turtle industry is no longer confined to China. Rather, it has become international in nature. Turtles are often illegally captured in neighboring countries like India and then exported to China through Vietnam.

Cross Border Trafficking of Turtles from India

India is home to a large number of turtles which belong to different species. Indian turtles are also one of the most susceptible groups to trafficking. In a report, TRAFFIC reveals that a minimum of 1,11,310 tortoises and freshwater turtles entered illegal wildlife trade in a 10-year period i.e., September 2009–September 2019.[5] Most of the turtle species are protected under the Wildlife Protection Act, 1972. The turtles are mostly trafficked from either the state of Uttar Pradesh or West Bengal.

In the last two months, a new trend has been observed in the species of turtle being trafficked. The Flapshell Turtle has replaced the Star Turtle as the most trafficked species of turtles from India to countries like Hong Kong, Singapore, Thailand and China. Most of these turtles are trafficked from Uttar Pradesh and West Bengal. The relative abundance, the presence of meat on their body and their slow speed makes these turtles an extremely easy target for poachers and hunters. Further, these turtles move extremely freely and fearlessly on both land and water. During droughts, they entomb themselves in wet mud. Their behavioral patterns are extremely predictable and hence they are more vulnerable to getting killed when compared to other species of turtles. Sometimes, these turtles bury themselves in agricultural land and because of this, they are easily captured by poachers.

It has been estimated that as many as 70,000 Flapshells were poached for international shipment from India in 2018 alone. This is despite the fact that trade of Indian Flapshells is regulated by Appendix II of CITES.[6]

Turtles are transported from India to China, Hong Kong and Singapore through Vietnam. Shipments are hardly stopped as even the port authorities and enforcement agencies are complicit in the crime.

Causes behind Trafficking of Turtles from India

Turtles are present in abundance in India. The demand for turtles for medicinal purposes is huge in South East Asian countries. As the illegal trade of turtles involves great financial gains and India has a substantial population of people living below the poverty line and they tend to indulge in the trafficking of turtles.

The legislations protecting turtles in India are very lax. Prosecution rarely takes place and the enforcement agencies are often complicit in the illegal trade due to the presence of rampant corruption in the country. Lastly, undocumented species of turtles are exported easily due to their very nature and status.

Legislations Protecting Turtles in the Country and their Inefficiency

The Wildlife Protection Act, 1972 is the first act which suggested some effective measures to curb the illegal trade and trafficking of wildlife. This Act helped India become a member to the CITES. The Act classifies animals into six schedules. Turtles are covered under the first schedule of the Act. The first schedule aims to curb the illegal hunting of endangered animals. The strictest penalties are imposed upon a person if he/she is found guilty of killing or trading an animal protected under Schedule One of the Act.

In addition to the Act, law enforcement agencies try to curb the trafficking of species. Since 29 October 2018, there have been 20 seizures of turtles in north-central and eastern India. Of those, 17 have been in the state of Uttar Pradesh; the headquarters of TSA-India. With 85% of the confiscations occurring in this state, it is quite clear that an unfathomable number of turtles are most likely being smuggled out of the country from the other Indian states as well.[7]

However, the provisions of the Wildlife Protection Act, 1972 are not enough to counter the problem of illegal trafficking of turtles in India. The provisions of the Act do not fulfill all the obligations of CITES. Trafficking of species still continues in the country with certain groups viewing this trafficking as an alternative source of income. Further, the penal provisions prescribed under the Act are not sufficient to create deterrence against such activities. The relaxed approach of judicial bodies and law enforcement agencies further increase the chances of turtles getting poached. Lastly, the Port and Border authorities are sometimes themselves involved in the poaching of these animals.

Conclusion

Though legislations have been enacted to counter the trafficking of turtles, they are still one of the most vulnerable species to illegal trade. The Wildlife Protection Act must go through some major changes to keep pace with recent trends. Deterrence must be created through stricter punishments. Further, the judicial bodies must take cognizance of such illegal activities and culprits must be punished accordingly.

---

[1]South West Biological Center, ‘Turtle Ecology | U.S. Geological Survey’ (USGS.gov | Science for a changing world, 8 December 2016) <https://www.usgs.gov/centers/southwest-biological-science-center/science/turtle-ecology> accessed 30 November 2022. [2]South West Biological Center, ‘Turtle Ecology | U.S. Geological Survey’ (USGS.gov | Science for a changing world, 8 December 2016) <https://www.usgs.gov/centers/southwest-biological-science-center/science/turtle-ecology> accessed 30 November 2022.

[3]Cameron Potter, ‘Why Turtles Are Important ( with Facts ) | Turtle Owner’ (Turtle Owner, 13 December 2018) <https://turtleowner.com/why-turtles-areimportant/#:~:text=Turtles%20are%20important%20for%20many%20reasons,%20they%20are,sentinels%20of%20environmental%20quality%20among%20many%20other%20things> accessed 30 November 2022. [4]Erin Crandall, ‘The threat of traditional medicine: China’s boom may mean doom for turtles’ (Mongabay Environmental News, 8 August 2014) <https://news.mongabay.com/2014/08/the-threat-of-traditional-medicine-chinas-boom-may-mean-doom-for-turtles/#:~:text=For%20thousands%20of%20years%20turtles%20have%20been%20used,treat%20a%20wide%20variety%20of%20ailments%20and%20diseases.> accessed 30 November 2022.

[5]TRAFFIC, ‘Tortoises and Freshwater Turtles Under Siege - Wildlife Trade Report from TRAFFIC’ (TRAFFIC | Wildlife trade specialists, 1 October 2019) <https://www.traffic.org/publications/reports/illegal-testudine-trade-in-india/> accessed 30 November 2022. [6]Turtle Survival Alliance, ‘Illicit Trade in Indian Flapshell Turtles Amounts to Crisis for TSA-In’ (Turtle Survival Alliance, 12 September 2022) <https://turtlesurvival.org/blogs/news/illicit-trade-in-indian-flapshell-turtles-amounts-to-crisis-for-tsa-india> accessed 30 November 2022.

[7]Turtle Survival Alliance, ‘Illicit Trade in Indian Flapshell Turtles Amounts to Crisis for TSA-In’ (Turtle Survival Alliance, 12 September 2022) <https://turtlesurvival.org/blogs/news/illicit-trade-in-indian-flapshell-turtles-amounts-to-crisis-for-tsa-india> accessed 30 November 2022.