ENVIRONMENT LAW PSDA

TOPIC: BLACK MARKETING OF ANIMAL BODY PARTS

WITH RESPECT TO ENDANGERED SPECIES

SUBMITTED TO: SUBMITTED BY:

MS.MANAN DARDI SHRUTI JAIN
ASSISTANT PROFESSOR 09017703821
THE DARK
WORLD OF
BLACK
MARKET
TRADE
 OVERVIEW
 INTRODUCTION
 OVERVIEW OF WILDLIFE TRAFFICING WITH SCSLE
AND SCOPE OF ILLEGAL TRADE WITHIN INDIA
 ENDANGERED SPECIES IN INDIA
 FACTORS DRIVING WILDLIFE TRAFFICKING IN INDIA
 CONSERVATION EFFORTS AND LEGAL FRAMEWORK
WITH RECENT ARTICLES
 INTERNATIONAL COOPERATIONS
 RELATED CASE LAWS
 CONCLUSION
 INTRODUCTION

India is known for its incredible biodiversity, with a vast array of ecosystems, from dense forests to expansive
grasslands and coastal regions. This biodiversity is home to numerous unique and iconic species, including the
Bengal tiger, Indian elephant, Indian rhinoceros, and many more. Protecting India's wildlife is crucial for
several reasons. Firstly, it helps maintain the delicate balance of ecosystems. Secondly, wildlife holds immense
cultural and traditional significance in India. Many species are revered and considered sacred, deeply woven
into the country's rich cultural fabric. Thirdly, wildlife conservation has economic benefits. By protecting
wildlife habitats and conserving species, we can sustain this important industry and promote sustainable
development. Furthermore, conservation efforts are crucial for safeguarding endangered species. India is home
to several endangered animals, and by protecting their habitats and implementing conservation measures, we
can prevent their extinction and preserve the country's unique natural heritage. Lastly, protecting wildlife
contributes to climate change mitigation.. By preserving wildlife and their habitats, we can support climate
change adaptation and resilience.
 OVERVIEW OF WILDLIFE
TRAFFICKING

“Wildlife trade refers to the commerce of non-domesticated animals or plants, usually extracted from their
natural environment or raised under controlled conditions, either as living or dead animals or their body
parts”. Wildlife trafficking is a serious issue that poses a significant threat to endangered species and
biodiversity. It involves the illegal trade of animals, plants, and their derivatives, which are often sought
after for their rarity, exoticism, or perceived medicinal value. Many species are hunted or captured from their
natural habitats, leading to population declines and even extinction. To combat wildlife trafficking, India has
implemented stringent laws and regulations, such as the Wildlife Protection Act, 1972. These laws aim to
protect endangered species, their habitats, and regulate the trade in wildlife and wildlife product. “Section 51
of the Wildlife Protection Act in India is all about wildlife trafficking”. It prohibits various activities related
to the illegal trade of wildlife and their products. This includes buying, selling, or possessing any wildlife
species or their parts without proper authorization. The act aims to protect the diverse wildlife found in India
by preventing their exploitation and ensuring their conservation.
SCOPE OF ILLEGAL TRADE WITHIN INDIA
The scale and scope of wildlife trafficking in India are quite significant, with various species
being targeted, including elephants, tigers, rhinos, pangolins, and exotic birds. This illegal
trade not only poses a threat to the biodiversity and ecological balance but also has serious
implications for the survival of endangered species. Wildlife trafficking is driven by demand
for products like ivory, animal skins, traditional medicines, and exotic pets. The Indian
government has implemented strict laws, such as the Wildlife Protection Act, to combat
wildlife trafficking. They have also established specialized agencies like the Wildlife Crime
Control Bureau to tackle this issue. Additionally, international collaboration and awareness
campaigns play a crucial role in addressing wildlife trafficking. The Wildlife Crime Control
Bureau (WCCB) is a specialized agency in India that plays a crucial role in combating
wildlife trafficking. The bureau works towards the prevention, detection, and prosecution of
wildlife-related offenses. It conducts intelligence gathering, surveillance, and investigation
operations to identify and apprehend individuals involved in wildlife trafficking. They also
collaborate with other law enforcement agencies, both nationally and internationally, to
combat this illegal trade.
 ENDANGERED SPECIES IN INDIA

 Bengal tiger: The Bengal tiger is the national animal of India and listed as
endangered.

 Indian Elephant: The Indian elephant is also listed as endangered.

 Indian rhinoceros: The one horn rhino is found in the north eastern region of
India and now is endangered

 Snow Leopard: The elusive snow leopard is found in the high altitude regions of
the northern Himalayas and listed as endangered

 Red Panda: Habitat loss, Fragmentation and poaching were became the major
threats of their survival

 Indian Pangolin: A unique mammal covered in scales is now endangered due to

habitat loss and illegal trade.

 Asiatic Lion: Mainly found in Gir forest of Gujarat and is critically endangered
 WHY THESE SPECIES ARE TARGETED BY WILDLIFE TRAFFICKERS?

Wildlife trafficking is a serious issue, and unfortunately, many endangered species in India are
targeted by wildlife traffickers. These species are targeted for various reasons:
 Poaching for Illegal Wildlife Trade: Many endangered species, such as tigers, rhinos, and
elephants, are poached for their body parts, which are in demand for traditional medicine,
ornamental purposes, or as exotic pets.
 Habitat Destruction and Fragmentation: As human populations expand and industries
grow, habitats of endangered species are often destroyed or fragmented. This forces the
animals to venture into human settlements, making them more vulnerable to poaching and
other threats.
 Demand for Exotic Pets: Some endangered species, like certain reptiles and birds, are
targeted for the exotic pet trade. People desire to own these unique animals, unaware of the
harm caused to their populations and natural habitats.
 Cultural Practices and Beliefs: In some cases, cultural practices and beliefs contribute to
the targeting of endangered species. For example, the use of tiger bones and parts in
traditional medicine is believed to have healing properties in some cultures.
FACTORS DRIVING
WILDLIFE TRAFFICKING IN
INDIA
 Demand for Traditional Medicine: In certain cultures, there is a
belief that certain animal parts, like tiger bones or rhino horns,
have medicinal properties. This demand drives the illegal trade
of these endangered species.

 Exotic Pet Trade: The demand for exotic pets, such as reptiles and birds, fuels
wildlife trafficking. People are willing to pay high prices for rare and unique species,
leading to their capture and smuggling.

Economic Incentives: Wildlife trafficking can be a highly profitable business. The high
demand for endangered species and their parts, combined with the potential for large
financial gains, incentivizes individuals to engage in illegal activities.
 Weak Law Enforcement: In some cases, weak law
enforcement and inadequate penalties for wildlife
crimes contribute to the persistence of wildlife
trafficking. This allows traffickers to operate with
minimal fear of consequences.

Poverty and Lack of Alternative Livelihoods: In

certain communities, poverty and lack of alternative
livelihood options push individuals towards
engaging in wildlife trafficking as a means of
survival or to earn quick money

Addressing these factors requires a multi-faceted

approach, including strengthening law enforcement,
raising awareness, promoting sustainable
livelihoods, and educating communities about the
importance of wildlife conservation.
 CONSERVATION EFFORTS AND LEGAL FRAMEWORK

The Indian government, along with NGOs, has taken several initiatives in this regard: Wildlife Protection Act: The
Wildlife Protection Act of 1972 is a key legislation that provides legal protection to endangered species and their
habitats. It prohibits hunting, poaching, and trading of wildlife, and establishes protected areas like national parks
and wildlife sanctuaries. This act includes of 60 Sections, VI Schedules divided under VIII Chapters. It provides
for authorities to administer and implement Act; regulate the hunting of wild animals, protect specified plants,
sanctuaries, national parks and closed areas, restrict illegal trade and commerce in wild animals or animal articles
and miscellaneous matters. “Section 39 of this act specifies that any wild animal hunted, bred, fed, found, killed,
alive or dead shall be property of a State Government”. “Section 9 of the WPA prohibits hunting of wild birds”
Project Tiger: Launched in 1973, Project Tiger aims to conserve the tiger population in India. It focuses on
protecting tiger habitats, curbing poaching, and promoting community involvement in conservation efforts.
Project Elephant: Started in 1992, Project Elephant focuses on protecting and conserving the elephant population
in India. It addresses issues like habitat destruction, human-elephant conflict, and illegal trade of elephant
products.
Forest Conservation: The Indian government has implemented various measures to protect and restore forests,
such as afforestation programs, reforestation efforts, and initiatives to prevent illegal logging.
Community-based Conservation: Several NGOs in India work closely with local communities to promote
conservation and sustainable livelihoods. They engage in activities like awareness campaigns, training programs,
and capacity building to empower communities in protecting wildlife.
RECENT ARTICLE
AI-Powered Camera Traps:
Wildlife officials in Madhya
Pradesh, India, are
experimenting with a new set
of camera traps that are
equipped with AI technology.
These video traps are intended
to count wild animals and
monitor potential poaching.
Some uses are: poacher
detection, remote monitoring,
targeted imagings and
testing and notifications
WILDLIFE JUSTICE COMMISION REPORT
2023
The Wildlife Justice Commission (WJC), a nonprofit organization dedicated to
combating organized crime, has released a new report titled Convergence of
Wildlife Crime with Other Forms of Organised Crime: A 2023 Review.

KEY HIGHLIGHTS OF THIS REPORT

Convergence of Wildlife Crime and Organized Crime:

The report uncovers strong connections between wildlife trafficking and various
forms of organized crime.

These connections include protection rackets, extortion, murder, money

laundering, illicit drugs, tax evasion, and corruption.

Guiding Law Enforcement and Policymakers:

The report highlights the growing seriousness of wildlife trafficking, which has
become a highly profitable and serious criminal activity.

Crime convergence should be further studied and integrated as part of the

approach to tackle wildlife crime and organized crime more broadly.
 INTERNATIONAL COOPERATION

CITES, which stands for the Convention on International Trade in Endangered Species of Wild Fauna and
Flora, is an international agreement aimed at regulating the trade of endangered species. It was established in
1975 and is currently implemented by 183 member countries, including India. The main objective of CITES is
to ensure that international trade does not threaten the survival of wild animals and plants. The agreement
works by placing restrictions and regulations on the trade of species listed under its three appendices:
Appendix I: This appendix includes species that are threatened with extinction and are therefore subject to
the strictest regulations. International trade of these species is generally prohibited, except in exceptional
circumstances for scientific research or conservation purposes.
Appendix II: Species listed under this appendix are not necessarily threatened with extinction, but their
trade may still require regulation to ensure their sustainability. International trade of these species is allowed,
but it requires permits or certificates to ensure that it is legal and sustainable.
Appendix III: This appendix includes species that are protected in at least one country and that country has
asked for assistance in controlling the trade. International trade of these species requires permits from the
country of origin.
India, as a member of CITES, actively participates in meetings and conferences to discuss and implement the
provisions of the agreement. The country has its own legislation, the Wildlife (Protection) Act, 1972, which
aligns with the objectives of CITES and provides legal protection to endangered species within India. By being
a part of CITES, India demonstrates its commitment to conserving and protecting wildlife and contributing to
global efforts to combat illegal wildlife trade.
 CASE LAWS

Indian Handicrafts Emporium V. Union Of India 2003

The SC ruled in favor of the respondents in this case, where it opined that the
prohibition on the ivory trade in India was permissible and reasonable. It was
not violative of Article 19(1)(g) of the constitution. This was reasoned by
discussing the dangers to ecology that the ivory trade posed along with

emphasis on the dangers posed to the Indian Elephant.

In GR Simon v. Union of India, the petition who had a business of leather

material made out of snake skin questioned the Act and argued that it is a
colourable legislation which is challenging the fundamental right 19 (1) (g) to
carry out any trade and commerce freely. So, in this case Delhi High Court
under WPA, 1972 (1991 Amendment) states that any activity which is against
public interest and cause harm to society is prohibited and animals are very
important part of our natural society thus they should be protected. Hence,
Wildlife Protection Act, 1972 (1991 Amendment) is completely constitutional.
 CONCLUSION

Although there are many international and national

organization as well as various laws and initiatives taken
by the government but there are still increasing number
of wildlife crimes in past decades. The reason behind is
that corruption, toothless laws, weak judicial systems
and light sentences allow criminal networks to keep
plundering wildlife with little regard to consequences.
These factors make illegal wildlife trade a low risk
business with high returns. The poachers—often poor
locals—are the usually the only ones caught, leaving the
real masterminds and their network safe and
operational with the ability to strike again. All animals
and birds are part of our natural society, it is our
responsibility to take care of them, protect and
safeguard them.