BBA. LLB (HONS.

Environmental law: Assignment

Topic: Illegal wildlife trade in India

SUBMITTED BY: Akil K (20BLB1024)

SUBMITTED ON: 16/03/2024

Prof. Arjun Shaji

SUBMITTED TO:
Introduction:

The illegal wildlife trade has evolved into a sophisticated form of organized transnational
crime, posing a grave threat to the survival of numerous species worldwide. In India, this
illicit trade encompasses a wide range of products, including mongoose hair, rhino horn, tiger
and leopard parts, elephant tusks, and various other flora and fauna. Notably, much of this
trade is geared towards international markets, with limited domestic demand within India.

Despite India's robust legal and policy framework, which prohibits the trade of over 1800
species under the Wildlife (Protection) Act, 1972, enforcement remains a significant
challenge. While India is a signatory to the Convention on International Trade in Endangered
Species of Fauna and Flora (CITES) since 1976, effective implementation of regulations
often falls short due to communication gaps and enforcement issues.

In many cases, governance failures and a lack of political will undermine efforts to combat
wildlife trade. Weak penalties for legal infringements further exacerbate the problem.
Addressing these challenges requires urgent action to bring legal wildlife trade under
sustainable levels and eradicate illegal trade practices. Organizations like TRAFFIC, a
wildlife trade monitoring network established by WWF and IUCN in 1976, collaborate with
national and state governments to study, monitor, and combat illegal wildlife trade.

Overview:

The overview of wildlife in India, as described in various research papers and authoritative
sources, emphasizes the country's incredible variety of plants and animals and the urgent need
to protect them. India is known as one of the world's most biodiverse places, with many
different types of plants and animals. Various studies and researches show that India has a lot
of different ecosystems that are important for biodiversity. India also has a lot of different
kinds of birds, with over 1300 species recorded. Reports like "The State of India's Birds
2020: Range, Trends and Conservation Status" by BirdLife International (2020) give
information about where these birds live and how they are doing. India's geography is also
diverse, with mountains, forests, and coastal areas that provide homes for many different
plants and animals. However, wildlife in India faces many threats like habitat loss, hunting,
pollution, and climate change. Reports like "Status of Tigers, Co-predators and Prey in India"
(2018) by the National Tiger Conservation Authority show how these threats are affecting
wildlife. To help protect wildlife, India has set up places like national parks and wildlife
sanctuaries. Reports like "Protected Areas in India: A Review" by the Ministry of
Environment, Forest and Climate Change (2019) give information about how these protected
areas are managed. Understanding the importance of India's wildlife can help people make
better decisions to protect it for the future.

Illegal Wildlife trade – Meaning and scope:

Wildlife trade refers to the products that are derived from non-domesticated animals or plants
usually extracted from their natural environment or raised under controlled conditions. It can
involve the trade of living among zoos and wildlife parks, dead individuals, tissues such as
skins, bones or meat, or other products. Legal wildlife trade is regulated by the United
Nations' Convention on International Trade in Endangered Species of Wild Fauna and Flora
(CITES), which currently has 184 member countries called Parties.

Illegal wildlife trade or wildlife trafficking, is any environment-related crime that involves
the illegal trade, smuggling, poaching, capture or collection of endangered species, protected
wildlife (including animals and plants that are subject to harvest quotas and regulated by
permits), derivatives or products thereof.
At the core of the illegal wildlife trafficking is a strong and rapidly expanding demand for a
variety of products around the world: bushmeat; ingredients for traditional Chinese medicine;
exotic pets; jewellery, trinkets, and accessories such as chess sets; furs for uses ranging from
coats to traditional costumes; and trophies.

Causes for Illegal Wildlife Trade:

The illegal wildlife trade persists and expands despite international efforts to regulate,
monitor, and enforce stricter measures. It's a lucrative industry, estimated by the United
Nations to be worth between $7 billion and $23 billion annually, making it highly profitable
for organized criminal groups. This trade intersects with other illicit activities such as drug
trafficking, human trafficking, and arms smuggling, leveraging established global transit
networks.
One of the primary drivers of illegal wildlife trade is its high profit margins. The financial
incentives attract organized crime syndicates who capitalize on the demand for wildlife
products. For example, the trade in pangolins illustrates how prices escalate along the supply
chain, with significant profits accruing to traffickers.
Increasing demand for certain wildlife products, such as ivory, further fuels illegal trade. As
scarcity drives up market prices, criminal networks exploit vulnerable source countries where
poverty, insecurity, and corruption prevail. Weak law enforcement and minimal penalties
contribute to the low risk associated with wildlife trafficking.
Corruption pervades all levels of the illegal wildlife trade, from local officials to high-ranking
authorities, facilitating the trafficking of endangered species and undermining law
enforcement efforts. The involvement of legally registered companies in illegal wildlife trade
underscores the collusion between legal and illegal networks.
Conflicts and wars exacerbate the problem by creating conditions of lawlessness and
instability, making wildlife protection efforts difficult. During such periods, wildlife
populations are decimated, as seen in conflict-affected regions like the Democratic Republic
of Congo and Sudan.
Additionally, in some regions, wild animals serve as a vital source of food and income for
local communities. Subsistence hunting and reliance on wildlife trade for livelihoods
perpetuate the cycle of exploitation and threaten species survival.
These factors collectively drive the illegal wildlife trade, highlighting the complex socio-
economic, political, and environmental dynamics involved. Addressing this multifaceted
issue requires collaborative efforts at local, national, and international levels to strengthen
enforcement, combat corruption, and promote sustainable alternatives for affected
communities.

Illegal Wildlife Trade in India and its impacts:

India stands as a significant hub for wildlife trafficking, serving as a source, transit, and
destination country for trafficked wildlife and their products. The country's long international
border along the Northeast and its major airports in cities like Chennai and Mumbai serve as
crucial points for the illegal trafficking of wildlife. The demand for various wildlife products,
including raw materials like red sandalwood and ivory, as well as animal parts such as
rhinoceros horn and tiger parts for traditional medicine, drives this illicit trade. Additionally,
the allure of exotic pets further exacerbates the situation.
Despite India being a member of the Convention on International Trade in Endangered
Species of Wild Fauna and Flora (CITES), it ranks among the top 20 countries for wildlife
trafficking globally and among the top 10 for wildlife trafficking by air. The country's rich
biodiversity, comprising 8% of the world's wildlife, and its dense human population pose
significant challenges in tracing and intercepting illegal goods once they enter domestic
markets. Moreover, porous international borders with countries like China and Myanmar, a
burgeoning aviation market, and the exploitation of social media platforms as online
marketplaces by wildlife traffickers further complicate law enforcement efforts.
In 2020, the Ministry of Environment, Forest and Climate Change (MoEFCC) in India
introduced the Voluntary Disclosure Scheme to regulate the growing market of exotic
animals, which surged after the complete ban on trade in Indian species. However, smugglers
of exotic wildlife species have misused this scheme, exploiting major lacunae in laws
pertaining to the ownership of exotic animals in India. Although individuals caught
transporting exotic wildlife species can be charged with a crime if it can be proven that they
crossed an international border illegally, there are no policies or laws regulating the
ownership of exotic species once they are within India's borders.
A wide range of species is trafficked in and out of India, including ivory, turtles and tortoises
(especially the Indian star tortoise), red sandalwood, pangolins, and tiger parts. While there
has been a decline in rhino horn trading from India, pangolin poaching and trafficking are on
the rise. Additionally, ornamental fish such as the Channa barca and the zebra loach are
being fished to extinction in their natural habitats to cater to the international trade in live
aquarium fish. The illegal trade in wildlife extends to include body parts of various species
like golden jackals, Asiatic black bears, leopards, and mongooses.
International wildlife trafficking in and out of India primarily occurs through two main
routes: the long international border along the Northeast and airports. Cities like Dimapur,
Guwahati, and Imphal in the Northeast serve as transit sites for trafficking in rhino horns,
tiger parts, and pangolin scales, especially along the Indo-Nepal and Indo-Myanmar-China
borders. Trafficking of birds and reptiles along the India-Bangladesh border is also prevalent.
Additionally, emerging transit points like the Dooars region in northern West Bengal,
specifically the town of Jalpaiguri, have gained notoriety for trafficking exotic animals and
birds.
The trafficking of reptiles, particularly turtles and tortoises, is rampant in India, with Chennai
and Mumbai airports being major hubs for this activity. The Indian star tortoise, the most
trafficked reptile globally, is primarily supplied from trade hubs in Karnataka, Andhra
Pradesh, Gujarat, and Tamil Nadu to countries like Thailand, Singapore, and Malaysia,
primarily by air. Seizure data indicates that a significant proportion of trafficked animals are
found in checked-in luggage and air cargo, with reptile seizures being particularly high in
Chennai airport.
The demand for wildlife products is driven by various factors, including the demand for
luxury goods, traditional medicine, meat, and exotic pets. However, wildlife trafficking has
severe repercussions, impacting environments, biodiversity, economies, governance, and
public health. Despite efforts by international and national governmental organizations to
combat wildlife trafficking, including the development of tools and networks, the trade
persists due to ineffective enforcement and loopholes in existing laws.
When exotic live animals smuggled into India are seized, they are typically sent to rescue
centres or sanctuaries. However, managing these seized animals poses challenges, as zoos
often lack adequate facilities for exotics. Furthermore, laws pertaining to the ownership of
exotic animals within India are poorly enforced, allowing the illegal pet trade to thrive.
In conclusion, India's status as a major hub for wildlife trafficking is driven by a complex
interplay of factors, including demand for various wildlife products, porous borders, and
inadequate enforcement of laws. Efforts to combat wildlife trafficking must involve
collaborative efforts between law enforcement agencies, international organizations, and local
communities to effectively address this pressing issue and safeguard the country's rich
biodiversity.
Wildlife trafficking in India is fuelled by various factors, with the demand for raw materials
like red sandalwood and ivory being primary drivers. These materials are sought after for
their use in manufacturing luxury products. Additionally, animal parts, particularly those of
rhinoceros horn and tiger parts, are in demand for traditional medicine purposes. Despite
global markets for rhino horn and ivory experiencing consistent declines, new demands have
emerged for products like pangolin scales and European glass eels. Local tribes in Assam, for
example, hunt pangolins for their meat and scales, resulting in a significant decline in their
population.
Another significant driver of wildlife trafficking in India is the demand for meat, leading to
the trafficking of animals such as the Bengal slow loris, softshell turtles, deer, antelope, wild
cattle, and sea cucumbers for consumption. Additionally, there is a growing demand for
exotic pets, particularly birds like cockatoos, macaws, and grey parrots, along with various
Indian birds, fish, and reptiles in global pet markets. Shockingly, even zoos may be involved
in illegally acquiring exotic animals, as evidenced by a recent case involving Indore Zoo and
its connection to kangaroos transported from a "farm" in Mizoram.
The impact of wildlife trade on the environment is profound and multifaceted. Not only does
it deplete environments of their natural inhabitants, but it also contributes to the spread of
invasive species and the emergence of new zoonotic diseases. Wildlife trafficking, along with
habitat destruction, can lead to ecosystem collapses and major disease outbreaks. Virulent
diseases such as Ebola, Marburg virus disease, SARS, and the COVID-19 pandemic have all
arisen in areas where close human-wildlife contact occurs, such as wet markets.
Wildlife trafficking poses a significant threat to various species in India, including tigers,
elephants, rhinos, pangolins, star tortoises, and many others. Furthermore, invasive species
introduced through the illegal pet trade, such as the red-eared slider turtles and suckermouth
sailfin catfish, wreak havoc on natural habitats.
Efforts to combat wildlife trafficking in India involve collaborative initiatives between law
enforcement agencies, international organizations, and local communities. The Directorate of
Revenue Intelligence (DRI) has partnered with Indian Customs as part of the Green Customs
initiative to counter wildlife trafficking. Tools developed by organizations like TRAFFIC, the
United Nations Environment Programme (UNEP), WWF-India, and the Wildlife Crime
Control Bureau (WCCB) aid law enforcement agencies in battling wildlife smuggling.
To address the use of air transport in wildlife trafficking, training modules and awareness
programs have been implemented, with airport authorities in Bengaluru establishing a forest
cell dedicated to tackling wildlife smuggling. Additionally, the WCCB profiles criminals in a
real-time database and collaborates with neighbouring countries to stem transboundary
wildlife crime. Molecular biology tools, including DNA testing and bioinformatics, are
utilized in wildlife forensics to identify the origin of trafficked animal products.
Despite these efforts, wildlife trafficking remains rampant in India due to ineffective
communication and enforcement of laws. India's membership in CITES and its Wildlife
Protection Act of 1972, which prohibits the trade of over 1,800 species of native plants,
animals, and their products, have not been effectively enforced. There is a need for stronger
laws to address the smuggling of exotic species into the country, which is exploited by
smugglers to feed the exotic pet trade.
Seized animals are often sent to rescue centres or sanctuaries, as zoos typically lack adequate
facilities to manage exotic species. These centres, such as Sanjeev's sanctuary, Prani, provide
care for seized animals and work closely with authorities to rehabilitate and rehome them
when possible. However, the inability to reintroduce exotic species to their natural habitats
under CITES rules often results in a lifetime of captivity or humane euthanasia for these
animals. Despite efforts to curb wildlife trafficking, challenges persist, highlighting the need
for continued collaboration and stronger enforcement measures.

Indian Legal aspect:

According to Article 48-A of the Constitution of India, the state must work to maintain and
improve the environment, as well as the country’s forest and wildlife. As a result, the
Constitution instructs the state to design a structure and enact legislation to protect animals
through directive principles. Article 51A(g) of the Constitution of India imposes a
fundamental duty on every Indian citizen to safeguard and develop the environment, as well
as to have compassion for all living species. The Indian Legislation passed the Wildlife
Protection Act in 1972.
The following Acts have an important bearing on the enforcement of wildlife in India:
• The Wildlife (Protection) Act, 1972
• The Indian Forest Act, 1927
• The Forest Conservation Act,1980
• The Biological Diversity Act, 2002
• The Prevention of Cruelty to Animals Act, 1960
• The Criminal Procedure Code, 1974
• The Indian Penal Code, 1860
• The Arms Act, 1959
• The Foreign Trade (Development and Regulation) Act, 1992: India, at present,
governs all the Exports and Imports, including that of wildlife under the EXIM Policy
that was formulated under this act.
• The Customs Act, 1962: Custom Violation in export and import is regulated under and
is punishable under this Act.
• The Prevention of Money Laundering Act, 2002: As per the amendment of 2009,
hunting of wild animals is constituted as an offense.

Wildlife protection act, 1972:

The Wildlife Act was enacted by Parliament under Article 252 of the Constitution of
India after 11 state legislatures passed the required resolutions. After the subject wildlife was
moved to the concurrent list by the 42nd Constitutional Amendment in 1976, Parliament was
empowered to enact laws relating to wildlife without recourse to Article 252(1).
The Act regulates trade and commerce in wild animals, animal articles, trophies, and
derivatives from certain animals. Any violation of the provision in the Act attracts
imprisonment and fines. Under section 26(1)(i) of the Indian Forest act, 1927, anyone who
contravenes any rules made by the state government to hunt, shoot, fish, poison water, or set
traps or snares, is punishable in a matter provided in that section.
In India, the Wild Life (Conservation) Act, 1972, is the primary legislation for wildlife
protection. A number of amendments have been made to this Act as per changing
circumstances. The following are some of the key components of the Act:
• The Act categorizes species into “wildlife” and “wild animals”.
• Wild animals are divided into six categories.
• Only species listed in Schedule V (vermin) are allowed to be hunted without
permission.
• All other species can only be hunted under particular conditions and with special
permits.
• Schedule I animals can only be hunted under very unusual circumstances, with the
permission of the Chief Wildlife Warden, and only when the species has become a
threat to human life or is disabled or diseased beyond recovery.
 • Schedule I to IV species can be hunted with authorization from the Chief Wildlife
Warden or the Authorised Officer if they pose a threat to human life or property,
including standing crops, or if they are diseased or handicapped beyond recovery.
• Species included in Schedule I through IV and Schedule VI are protected, wherever
they are found.
• Wildlife, as defined by this Act, is protected as part of the habitat in any Protected
Area.

Wildlife offences in India:

The following acts constitute a crime against wildlife in India and are punishable offenses as
per the Wildlife (Protection) Act (1972):
• Illegal Hunting or Killing: Any illegal hunting or killing of species listed under the
schedules of the Wildlife (Protection) Act, 1972, or any attempt to do so, is prohibited
under Section 9 of the Act.
• Causing Harm to National Parks or Sanctuaries: Causing harm or destruction to any
National Park or Sanctuary is punishable under Section 27 and Section 35(8) of the
Wildlife (Protection) Act, 1972.
• Illegal Possession of Wild Animals: Unauthorized possession of wild animals or their
derivatives, including animal articles, trophies, or uncured trophies, without proper
authorization from the Chief Wildlife Warden, is prohibited under Section 39 of the
Act.
• Prohibition of Commerce of Specified Species: Sections 40(2), 43, 44, 49, and 49B
prohibit domestic or foreign commerce of specified species or their derivatives.
• Unauthorized Entry into Protected Areas: Entrance into a national park or wildlife
refuge without authorization is prohibited under Section 27 and 35(8).
• Arson and Use of Harmful Chemicals: Arson and the use of harmful chemicals within
a sanctuary, a national park, or a Conservation reserve are punishable under Sections
30, 32, 35(8), 36A(2), 36C(2), and 38V(2).
• Assaulting Animals in Zoos: The act of mocking or assaulting animals in a zoo, or
causing disruption or littering, is punishable according to Section 38J.

Landmark Cases in Wildlife Protection:

• State of Bihar v. Murad Ali Baig (1988)

This case focused on elephant hunting and whether it was justified under the Indian Penal
Code and the Wildlife Protection Act. The Supreme Court held that killing/hunting elephants
is a crime as they fall under the ambit of Schedule I of the Wildlife (Protection) Act, 1972.
• Tilak Bahadur Rai v. State of Arunachal Pradesh (1979)
In this case, a Tiger was shot and killed by the defendant. The Court ruled that shooting the
tiger in self-defence was lawful and considered it an act of protection against imminent
danger.
• Naveen Raheja v. Union of India (2000)
This case highlighted animal cruelty in zoos, where a tiger was skinned alive. The Supreme
Court emphasized the duty of zoo administrators to safeguard animals from cruelty and
ordered the state to take necessary measures to prevent such incidents.
• T.N.Godavarman Thirumulpad v. Union of India (1994)
The petitioner filed a petition to conserve the Asiatic Wild Buffalo. The Supreme Court
directed the state to adopt conservation measures to protect the species from extinction.
• Ivory Traders and Manufacturers Association v. Union of India (1997)
This case challenged the ban on the sale and trading of ivory items imposed by the Wildlife
Protection Act, 1972. The Delhi High Court upheld the ban, stating that it was necessary to
protect endangered species and not unconstitutional.

Conclusion:

India, ranked as the world's seventh-largest country, boasts four of the planet's 36 biodiversity
hotspots, making it one of the most diverse regions globally. Consequently, animal
conservation and welfare have gained considerable importance in recent years, spanning from
the majestic Bengal Tigers to the endangered Great Indian Rhinoceros. Upholding the Indian
Constitution's mandate, which stipulates the protection of animals, several animal welfare
laws exist in India. These include the Prevention of Cruelty to Animals Act of 1960, the
Wildlife Protection Act of 1972, and state-level legislations prohibiting cow slaughter and
safeguarding cattle.
Article 51A(g) of the Indian Constitution imposes a duty on every citizen to safeguard the
natural environment and wildlife. Additionally, Article 48A enshrines a Directive Principle of
State Policy aimed at preserving and enhancing the nation's wildlife.
Collaboration between the legislative and judicial branches has been pivotal in wildlife
preservation, evidenced by landmark judgments emphasizing the significance of wildlife.
India's environmental jurisprudence has witnessed significant advancement over the years.
Thus, with the global population currently exceeding seven billion and expected to grow
exponentially in the future, the demand for natural resources is escalating rapidly. This poses
a grave threat to the habitat and survival of numerous animal and plant species, many of
which face relocation due to land development or exploitation for human activities such as
food production. Invasive species, climate change, pollution, hunting, fishing, and poaching
further compound the risks to wildlife. Given these challenges, safeguarding wildlife has
become increasingly imperative, as the jeopardy it faces ultimately raises existential
questions for humanity's future.
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1. https://india.mongabay.com/2022/06/explainer-why-is-india-a-major-hub-for-wildlife-
trafficking/
2. https://blog.ipleaders.in/laws-governing-wildlife-trade-india/
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rivatives%20or%20products%20thereof.
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