Dalveer Bhandari, J.
1. This petition has been filed in public interest by the World Wild Fund for Nature India, with the prayer to take all proper and necessary steps to protect the wild animals, tigers in particular, from being poached or illegally hunted. It has been further prayed to take steps to stop the illegal trade in animal articles. In the petition, it is also suggested that a Committee be appointed which can look into all the aspects of illegal hunting, protection, growth and habitat of wild animals and suggest measures to protect the existing wild life of India and also suggest measures for its proper and healthy growth.
2. The Indian Parliament passed the wildlife (Protection) Act, 1972, on 7th September, 1972. This legislation was enacted to provide protection to wild animals, birds and plants and for matters connected therewith or ancillary or incidental thereto. The main object of enacting this legislation was to stop rapid decline of India’s wild animals and birds.
3. India is one of the richest countries in the world from the point of view of having a large variety of wild animals and birds. Some birds and animals have already extinguished in this country and others are on the verge of being extinct. Areas which were once teeming with wild life have become devoid of it, and even in sanctuaries and National Parks, the protection afforded to wildlife needs to be tremendously improved. Even in sanctuaries and national parks, the population of some variety of animals is decreasing, and large number of cases of poaching of animals are reported frequently in accredited national and international news papers and magazines.
4. Prior to wildlife (Protection) Act, 1972, there was a legislation passed in 1912 during the British Rule in India. The said legislation was entitled as ‘Wild Birds and Animals (Protection) Act, 1912’. This Act was also aimed to prevent killing of wild birds and animals. It was felt that this Act became outdated and the provisions made therein were not adequate to provide sufficient protection to wild birds and animals. In this background, the 1972 Act was enacted by the Parliament. We deem it appropriate to have a quick survey of the parliamentary debate, which would indicate the mood of the nation at the time of passing of the said legislation. This legislation was uniformly welcomed from each quarter. All those who participated stressed the immediate need for introduction of such a legislation.
5. Prof. Sher Singh, the then Minister of State in the Ministry of Agriculture, while presenting the Wild Life (Protection) Bill, mentioned in the Parliament that this Bill seeks to safeguard one of the grandest heritages of our country wildlife also forms an integral part of our cultural inheritance. It is mentioned in the earliest scriptures and manifests itself in the art forms of India throughout the centuries, from the Indus Valley Civilization to Barhut and Sanchi, Mahabalipuram and Amravati, Mughal and Rajput paintings. Emperor Ashoka’s edicts speak of sanctuary given to animate creatures.
6. From the heights of the Himalayas and the Swamps of the Sunderbans to the deserts of Kutch and the highlands of Kerala, variations in climate and in topography have nurtured a multitude of animal forms, many of which are found nowhere else in the world.
7. The rapid decimation of our once teeming wildlife has been a matter of grave concern to the world at large and to India in particular.
8. As early as in 1952, the National Forest Policy of India emphasised the need for affording protection to the wildlife and particularly to the rarer species. It recommended the setting up of sanctuaries and national parks and the enactment of special laws. The Indian Board for Wild Life constituted by the Government of India in the same year, has also opined that adequate legislation should be enacted by the Central Government and the States, and that there should be a uniform set of rules and regulations in contiguous States for the effective protection of wildlife .
9. During the formative and tumultuous years which followed our independence, State Governments have naturally been pre-occupied with the problems of providing the basic needs for the masses. Large number of crop protection weapons were given in the interest of agriculture, and wildlife could not be given the priority that it deserved. A stage, however, has now reached when, if the States and the Central Governments, in close harmony, do not take up the case of wildlife preservation, many a species of birds and animals would go the same way of extinction as have the Cheetah and the Pink-headed Duck. He further mentioned that if this country is not to be denuded of its wildlife and if the future generations are to enjoy the aesthetic pleasures of seeing some of nature’s noblest creatures in their wild environment, action needs to be taken here and now.
10. It has been further mentioned that apart from Wild life’s aesthetic value, the economic and scientific aspects of wild life cannot be lost sight of. Its potential as a tourist attraction have not yet been exploited to the full, and as an object of commerce it has a considerable role to play in the economy of the country. But like all resources, wild life has to be scientifically managed if it is to yield sustained and progressive returns. In India, however, a very large number of species of animals have reached a stage of depletion.
11. Participating in the debate on the wildlife legislation, Shri Shiv Nath Singh, Member of Parliament mentioned, that in our country only 3 to 4 per cent area of the forest land and 0.6 area of the total land is reserved for Wild life, whereas according to the opinion of the experts, 3 to 4 per cent of the total area has to be reserved for wildlife sanctuaries and National Parks.
12. Dr. R.K. Poddar, Member of Parliament from West Bengal also mentioned that the ambit of the bill should be enlarged because the Bill only restricts the species which are already endangered. If we are careless, there are many species which are not yet endangered and are going to be in danger in future.
13. Dr. Karan Singh, the then Minister of Tourism and Civil Aviation, submitted in the Parliament that “Man is only one of the many millions of species that inhabit this planet.” But as a result of his ruthless domination of the natural resources of the earth, a situation today has arisen in which many hundreds of species have been extinguished and many hundred more are on the verge of extinction. With the tremendous increase in the power given to men by science and technology his intervention in the natural processes that have been continuing on this planet for millions and millions of years is beginning to become more and more decisive, and as a result of this the ecological balance of nature is beginning to be upset and upset in many ways which are irreversible.
14. While referring to the Stockholm Conference on the Human Environment, the final declaration contained the following passage:
“Man has a special responsibility to safeguard and wisely manage the heritage of wild life and its habitat which are now imperiled by a combination of adverse factors. Nature conservation including wild life must, therefore, receive importance in planning for economic development.”
15. He further mentioned that the ecological compulsion concerning wildlife is not simply a luxury or a fad of the more developed nations; it is something to which every responsible Government, particularly a nation like ours which is now on the threshold of a new leap towards economic development, must give due weight. The Minister had further mentioned that in 25 or 30 years in places like Kashmir, for example, the whole climate has changed because forests after forests have been destroyed and the entire beauty and the natural vigour of the place has disappeared. He mentioned that there are less than 2000 tigers in the whole country, whereas at the turn of the century it is estimated that there were about 40,000 to 50,000 tigers. So the tiger has reached a point of ecological minimum. He further mentioned that if the number of animals falls below the ecological mini- mum, there is no longer a natural regeneration, and the animal becomes extinct. While concluding, he mentioned that even now we can protect some of the animals likely to become extinct by having good advisory boards. Otherwise, our children will see animals in the museum, unless firm actions are taken to save the Wild life.
16. Another Member of Parliament Mr. M.C. Daga from Rajasthan mentioned that in Sawai Madhopur, Rajasthan wild bore was killed by the Conservator and a tiger by the District Forest Officer. Mr. Daga quoted Father of the Nation Mahatma Gandhi, who said, “it is wrong assumption to say that human beings are lords and masters of the lower creation. On the contrary, being endowed with greater things in life, they are the trustees of the lower kingdom”.
17. Prof. Sher Singh submitted that the rapid decimation of our once teeming wildlife has been a matter of grave concern to the world at large and to India in particular. Grand animals like the tiger and the Kashmir stag are treasures; these natural assets once destroyed can never be recreated.
18. The then Minister Shri Z.R. Ansari mentioned that now what is happening is that the declared stock never exhausts and this has been used as a cover for indulging in clandestine trading. He further mentioned that amendment is only to curb those activities and also to take care of wild animals like elephants. Actually, the population of elephants is not decreasing, it is rather increasing, but the population of tuskers is coming down which shows that the tuskers are being killed to take out ivory from them. He further mentioned that importance of the co-operation of local people in conservation of wildlife is very important. Therefore, a provision has been made in the bill for appointment of representatives of tribal communities on the State Wild Life Boards.
19. While participating in the debate, Shri Gopalsinh G. Solanki of Gujarat had mentioned that the Washington Research Institute has observed that the rate of deforestation is about 15000 sq. km. annually in our country. According to many national and international reports, illicit trade in poaching is rampant in our country. In February last, the wildlife department seized the skins of 29 leopards, 2 tigers, 30 jungle cats and one leopard cat along with several kilograms of tiger bones during the raids in Sadar Bazar in Delhi. In 1988, 44819 animal skins, including 10 leopards were seized. In 1989, the number was 479 and in first four months of 1990, the number rose to 6603.
20. The Parliamentary debate clearly demonstrates that representatives from all over the country have profusely welcomed the enactment of wildlife (Protection) Act, 1972 in one voice, but this is one of the legislations which miserably failed as far as its proper implementation is concerned. Despite the existence of penal provisions for violating wildlife Act, poaching goes on at a very large scale.
21. It is averred in the petition that a major factor responsible for the decline of wildlife and plants all over the world is its trade and commerce. International in wildlife products is indeed very large and lucrative business. It has been reported in a large number of reputed and accredited international newspapers and magazines that this trade in its dimension is only next to illegal trade of illicit drugs. The financial benefits which accrue from poaching and trade in wildlife articles are so enormous that despite the penal provisions to curb the trade, the same is still flourishing.
22. It is further mentioned in the petition that in the late 1960s and the early 1970s, the size of the trade grew to unprecedented proportions. This aroused such concern that an international treaty was drawn up in 1973 to protect wildlife and plants against such over-exploitation and to prevent international trade from threatening species with extinction. The Convention on International Trade in Endangered Species (hereinafter called as CITES) of Wild Fauna and Flora was set upon July 1, 1975. It has been considered that international co-operation is essential for protection of certain species of Fauna and Flora against over exploitation through international trade.
23. CITES covers both wild animals and plants and the member countries act by banning commercial trade in an agreed list of currently endangered species and by regulating and monitoring trade in others that might become endangered. India has been in the forefront of CITES almost since the beginning. The Government of India deposited the instrument of ratification on 20th July, 1976 and became party to the Convention from 18th October, 1976.
24. First time in the history of our country, there has been a total and complete prohibition on hunting of wild animals except in very exceptional circumstances.
Section 9 of theprovides that “No person shall hunt any wild animal specified in Schedules I, II, III and IV except as provided under Section 11 and Section 12. Section 11 of the said Act permits hunting of wild animals in certain cases, namely:
(a) when a wild animal specified in Schedule I has become dangerous to human life or is so disabled or diseased, as to be beyond recovery, and
(b) when a wild animal specified in Schedules II, III and IV has become dangerous to human life or to property (including crops) or is diseased or disabled. Such a wildlife animal can be hunted only after an order is passed in writing and stating the reasons by the Chief wildlife Warden. Section 12 of the said Act allows hunting after an order in writing for the purpose of education, scientific reasons /management, etc. In other words, wild animals specified in the schedule of the said Act cannot be hunted or killed without the written permission of the Chief wildlife Warden.
25. The Parliament in 1986 made the provisions even more stringent and amended the Principal Act and inserted Chapter V-A by Act No. 28 of 1986 which came into force with effect from 20th November, 1985. The said Chapter V-A was inserted to provide for complete prohibition of trade or commerce in trophies, animal articles, etc. derived from certain animals. Section 49-B, which is contained in Chapter V-A inserted in 1986 put an absolute prohibition on commencing or carrying on the business in trophies, animal articles etc. derived from scheduled animals. Thereby a complete ban was imposed in carrying on any trade activity in respect of any animal article.
26. It is rather unfortunate that despite very stringent legislative measures, to put an absolute embargo on hunting and trading of animal articles, the trade has not stopped. Large number of animal skins, bones, claws, nails, etc. are seized every now and then.
27. The Government of India in 1972, launched ‘Project Tiger’ for the protection and growth in population of tiger and for which special reserve areas had been earmarked. Unfortunately, the tiger which is the most protected endangered species of wild animals has not been spared by poachers who for the sole purpose of trade have been frequently killing tigers in substantial numbers. The trade and business in tiger skins and bones are increasingly becoming lucrative. There is tremendous demand of tiger skin and bones in China, Taiwan, European countries and in the United States of America. The petitioner has mentioned that there are 19 tigers reserve forests for tigers and it is covered over an estimated area of 30,000 sq. kilometers, and there are about 1327 tigers in the said reserve forests. In the petition, estimated tiger population in the tiger reserve areas has been indicated and the same is reproduced hereinunder:
ESTIMATED TIGER POPULATION IN TIGER RESERVES
S.No.Name of Tiger ReservePopulation of Tigers
1972197919841989
1.Bandipur10395350
2.Corbett44849091
3.Kanha437110997
4.Manas316912392
5.Melghat27638077
6.Palamau22376255
7.Ranthambhore14253844
8.Simlipal17657193
9.Sunderbans60205264269
10.PeriyarNA344445
11.SariskaNA192619
12.BuxaNANA1533
13.IndravatiNANA3828
14.Nagarjuna-sagarNANA6594
15.NamdphaNANA4347
16.DudhwaNANA8090
17.KalakadmundanturaiNANA2022
18.Valmiki———81
19.Pench————
Total26871112211327
On comparing, it is seen that the population of tigers has increased considerably from 1972 to 1979. Similarly, when figures of 1979 are compared with the figure of 1984, we find there is reasonable increase in the population of tigers but when the figures of 1984 are compared with 1989, the conclusion is irresistible that there is only a marginal increase in their population. The recent census giving total tiger population shows that tiger population has fallen from 4,330 in 1989 to 3,750 in 1993.
29. In the petition, it is mentioned that though the official statistics indicate that the number of tigers have increased over the years but this claim is belied by the reported seizures of large number of tiger skins, bones, etc. Even according to the details of seizures and poaching available in the last few years, over 360 tigers have been killed. The analysis of the seizures and poaching incidents is reproduced as under.—
SEIZURE AND POACHING INCIDENT
YearsSkins Seized(Nos)Reported Killed (Nos)Bones Seized (Kgs)Total Reckoning (Nos.)
199313––47547
199216361053
19918––––8
19907602569
1989813522
1988l1––2
1987418600 nails59
Total57128515 +360
600
30. The petitioner has highlighted the incidents of August, 1993, when the Delhi Police along with the officers of the petitioner seized from North Delhi 287 Kgs. of tiger bones, 8 tiger skins, 43 leopard skins, and over 100 skins of other foxes, jackals etc. The said seized tiger bones and skins alone account for killing of over 30 tigers.
31. It is further averred in the petition that following the launch of the prestigious ‘Project Tiger’, the feline population reportedly increased a whopping 310 percent: from 272 tigers in 1972 in nine reserves to 1,118 in 15 reserves in 1985. Project Tiger was declared as one of the world’s most successful conservation programmes. The euphoria ended in the late 80’s. Official numbers of tiger populations began to cross the thresholds that a given forest and prey base could hold. In most cases, the figures were disputed, and increased poaching was usually not accounted for. The Ranthombore Tiger Reserve is a case in point. The number of tigers here rose from 14 in 1972 to 44 in 1989. The world accolades began to pour in, describing the Ranthambore effort as one of the world’s notable conservation stories. The problem started in 1991, when the year’s census figure stirred up a hornet’s nest. Conservationists and Non-Governmental Organisations charged Ranthombore Tiger Reserve officials of not giving the correct figures. The hue and cry resulted in a joint census operation the next year, carried out by the park management and the Ranthambore Foundation Trust. The results of the 1992 joint census came as a shock to the park management. The number of tigers in the reserve had crashed to 17. It put a question mark on all tiger census operations conducted by State forest departments in the country.
32. The 1993 census at Ranthombore Tiger Reserve, though an elaborate exercise carried out by the Ranthombore Foundation Trust and World wild Fund India, Rajasthan Forest Department and world wild experts, turned out to be less than satisfactory. The forest department came up with a figure of 28 tigers much before the experts on the panel endorsed the count. Quite a few in the census panel discredited the operation. Nearly two months later, following expert analysis of the data, a new count of 25 emerged. The Ranthambore example has raised doubts about the accuracy of tiger counts. Is something wrong with the method Is it due to lack of trained staff Or is there some dishonesty on the part of the forest department for giving wrong figures
33. The policy and object of the wild life laws have a long history and are the result of an increasing awareness of the compelling need to restore the serious ecological imbalance introduced by the degradations inflicted on nature by man. The State of which the ecological imbalances and the consequent environmental damage have reached is so alarming that unless immediate, determined and effective steps were taken, the damage might become irreversible.
34. The preservation of fauna and flora, some species of which are necessary for the survival of humanity and these laws reflect a last ditch battle for the restoration, in part at least, a grave situation emerging from a long history of callous insensitiveness to the enormity of the risks to mankind that go with the deterioration of environment.
35. The petitioner further mentioned that a tragedy of the predicament of the civilised man is that “Every source from which man has increased his power on earth has been used to diminish the prospects of his successors. All his progress is being made at the expense of damage to the environment which he cannot repair and cannot foresee.
36. The petitioner has also mentioned that in his foreword to International wildlife Law, H.R.H. Prince Philip, the Duke of Edinburgh said:
“Many people seem to think that the conservation of nature is simply a matter of being kind to animals and enjoying walks in the countryside. Sadly, perhaps it is a great deal more complicated than that.........
37. The petitioner has also mentioned environmentalists’ conception of the ecological balance in nature is based on the fundamental concept that nature is “a series of complex biotic communities of which a man is an interdependent part”, and that it should not be given to a part to trespass and diminish the whole. The largest single factor in the depletion of the wealth of animal life in nature has been the “civilised man” operating directly through excessive commercial hunting, or more disastrously, indirectly through invading or destroying natural habitants. The petitioner has a serious complaint against the respondent for not taking and implementing effective steps to check the killing of wild animals and containing the unprecedented growth in trade of wild animals articles, is failing in discharging its obligatio as under Article 48-A of the Constitution which stipulates that “the State shall endeavour to protect and improve the environment and safeguard the forests and wildlife of the country.
38. The petitioner further averred that the fundamental right for the protection of wildlife and its habitat is to be read from the words “life and personal liberty” appearing in Article 21 of the Constitution. The Directive Principle as contained in Article 48-A is not “a mere rope of sand” nor just a mere pious wish. Both the fundamental rights and directive principles are supplementary and complementary to each other. The fundamental rights are but a means to achieve the directive principles which constitute the aspirations whose fulfilment is to be regarded as essential to the kind of society which India should have.
39. It is also averred that protection and sustained growth of wildlife is a right which is fundamental to every citizen and besides the duty of the citizens under Article 51 A (2), it is also the duty of the State to protect it. If it is flouted, the petitioners are left with no option but to approach the Court for enforcement of their rights, as the protection of wildlife is not merely a directive principle but is a part of every citizen’s life, liberty and heritage.
40. Lastly, the petitioner has also mentioned that it is not just tigers but a large number of wild animals are also being illegally hunted, to the extent that some of the endangered species may be completely extinct to the detriment of our heritage and the generations to come. The respondents have not seriously disputed the contentions of the petitioner and submitted that necessary steps must be taken to protect our wild life.
41. We deem it appropriate to refer to an important article published in the Issue of March 28, 1994 of ‘Time’ magazine with the title ‘Tigers on once conservation a constriction success story’, they are again sliding towards extinction. It is indicated in that article that this time the world’s nations may not be able to save the great cats.
42. In the article, it is also mentioned that “Asia’s giant cats are a vanishing breed, disappearing faster than any other large mammal with the possible exception of the rhinoceros. No more than 5,000 to 7,500 of the majestic carnivorous remain on the planet––a population decline of roughly 95% in this century. Unless something dramatic is done to reverse the trend, tigers will be seen only in captivity, prowling in zoos or performing in circuses. The wild tigers of old will be gone forever, their glory surviving merely in storybooks, on film—and in dreams.
43. It is further mentioned that India, with an estimated 60% of the world’s tigers, perhaps as many as 3,750, is determined to protect them. But the country’s ambitious system of 21 reserves has proved increasingly susceptible to human predators. Over the past five years, the parks’ tiger populations have dropped 35% on average. In one notorious killing spree between 1989 and 1992, Ranthambhore National Park in Rajasthan lost 18 tigers to poachers, even though 60 guards were patrolling the forest.
44. Now more than ever the tiger’s mystique is its ticket to the bone yard. If Asian cultures no longer revere the tiger as a god, many still believe that the animal is the source of healing power. Shamans and practitioners of traditional medicine, especially the Chinese, value almost every part of the cat. The relevant portion of the article is reproduced as under:
“They believe that tiger-bone potions cure rheumatism and enhance longevity. Whiskers are thought to contain portent poisons or provide strength; pills made from the eyes purportedly clam convulsions. Affluent Taiwanese with flagging libidos pay as much as $US320 for a bowl of tiger penis soup, thinking the soup will make them like tigers, which can copulate several times in an hour when females are in heat.
Tiger skins are sold at exorbitant price in the international market. A beautiful tiger skin may bring its seller as much as $15,000, but the bones and other body parts generate even more money, and they are much easier to smuggle and peddle. As incomes rise in Asia, people can afford to pay tens or hundreds of dollars for a dose of tiger-based medicine. And as the destruction of tigers decreases supply, the price of their parts rises further, creating ever greater incentives for poachers to kill the remaining animals.”
45. The forces driving the black market are too strong that nothing––not even public opinion, nor political pressure, nor the power of police––has halted the tiger’s slide towards extinction. Can international trade sanction against Asian nations succeed where all have failed There is no guarantee. The tiger’s plight reveals the limits of conservation efforts and raises disturbing questions about humanity’s ability to share the planet with other animals. Says Elinor Constable, an Assistant Secretary of State who leads U.S. diplomatic efforts to help the tiger: “If the concerted efforts of the world cannot save the tiger, what will that say about our ability to deal with more complex environmental problems”
46. In this article, the author incorporated that only a few years ago, the tiger was considered a conservation success story. Centuries of legal tiger hunting and forest destruction had raised the specter of extinction, but in 1972 Governments rallied to rescue the cats. Taking up the issue as a personal cause, Indian Prime Minister Indira Gandhi launched Project Tiger, which established the country’s network of reserves. Western nations joined with several Asian countries to ban hunting and the trade in skins. By 1980 populations on the subcontinent had recovered to the point where B.R. Koppikar, then director of Project Tiger, could boast to the New York Times, “You can say that there is now no danger of extinction of the tiger in India.”
47. In the article, it is further mentioned that “for all the tiger’s power, it can be an easy animal to kill. Many cats in the Ranthambhore park have died from poison that villagers sprinkled on animals that the tigers had killed and temporarily left on the ground. Other cats have fallen victim to the hunters of the Mogiya tribes, who pack high-powered rifles and shotguns. Middlemen pay them $100 to $300 per animal (a huge amount in an area where an average wage is $ 1 a day).”
48. It is also mentioned in the article that “Indian conservationists have watched with dismay as this new round of poaching unravel the work of decades. Sanjoy Debroy, a career wildlife officer, says that when he revisits a tiger reserve in Assam that he directed for a dozen years, the demoralized staff members can’t talk to him without weeping. Their tigers are hunted by members of the Boro tribe, who are staging a rebellion against the Government. They trade tiger parts for guns and ammunition to carry on their unsurgency. The park had an estimated 90 tigers, but Debroy has heard that between 30 and 40 were killed in just four months. “I thought I had done something to restore the tigers,” says Debroy, “but now I feel miserable as I watch my life’s work go down the drain.”
49. On page 38 of the article, the author has given four photographs, the description of each photograph is as follows:
1. Asians turn tiger penises into soup in hopes of boosting flagging libidos.
2. A grotesque procession of skull and bones ends in Taiwanese pharmacies.
3. Skins and heads often make their way from India to the Middle East.
4. The cat’s essence shows up in stores as wines, powders and balms.
50. In this article, the author has quoted the statement of Mr. Kamal Nath, Environment Minister and the same is reproduced: “The threat to the tiger has never been so strong or so real.”
51. On 15th August, 1992, an article was published with the title “Tragedy of the Tiger” in the leading Indian magazine ‘India Today’. This article gives details of large scale poaching of tigers. “The skins and bones are sent out by railway parcel to Delhi, Jammu and Fatehpur marked as old clothes, plastic shoes and toys. These weigh between 35 and 80 kg and are valued at Rs. 1,000 upwards. The sender’s and receivers’ names are always the same.” said Bhati. The skins and bones of the tiger and leopard are said to find their way to Nepal and then on to China, Taiwan and Hong Kong. There is a demand in Southeast Asia for the bones of the tiger which go into the making of some aphrodisiac preparations and in ‘ medicines’, balms and other naturopathic concoctions. It is estimated that the price of a tiger at its final destination is around Rs. 710 lakh.
52. An article has been published in the latest issue ofIndia Today (March 31, 1994), entitled “Tigers Survival at Stake”It is mentioned in that article that there is a time, perhaps not too distant, when the children of this world will understand and enjoy the regal beauty of the tiger only through book and films. For the tiger’s extinction is imminent simply because there is no indicator to show otherwise. It is further mentioned that it is also vital to streamline the tiger conservation movement in India, for the recent census shows the tiger population has fallen from 4,330 in 1989 to 3,750 in 1993.In this article, some figures have been given where Michael Day of the U.K.’s Tiger Trust, indicated that one Taiwanese businessman, visited Harbin in north-east China in September last year and was able to arrange an order for 12,000 bottles of wine made from tiger’s blood. It is further indicated in that article that about 800 kg. of tiger bones were exported from China to South Korea in the same month. Equally horrifying stories come from Samuel LaBudde of the Earth Island Institute, whose investigation investigations revealed that tiger bones were stocked in possibly two-thirds of Taiwan’s 14,000 pharmacies.
53. The total extent of the threat is overwhelming; quite simply, there are 7,000 tigers worldwide and perhaps one billion potential customers for their parts. China alone has an average demand of 300 to 500 tigers a year.
54. In this article, it is mentioned that Ashok Kumar of TRAFFIC, India, says that a huge haul was made in Itarsi comprising 40 kg of leopard bones, 35 kg of tiger bones, four leopard skins, 70 jackal, wolf and fox skins. The article also contains a few coloured photographs which shows large number of piled-up tiger skins and bones. The problem of conservation of tiger is indeed alarming and the highest priority ought to be given to conserve tigers.
55. In the said article, it is contained that the Global Tiger Forum (GTF)––comprising India, Nepal, Bangladesh, Myanmar, Thailand, Russia, Cambodia, Bhutan, Malaysia, Indonesia and Vietnam—is a unique effort. Not merely because it represents the tiger’s last chance, but also because the forum is built on the belief that if in this fragmented world, conservationistes and Governments can gather together to speak in one voice for a single species, it may just work. Whether it is eventually questionable is dependent on the wheels of every attending Government, each of which must ratify the forum’s objectives.
56. The aims and objectives of the forum are laudable. It is attempting to create awareness, to assemble resources, exchange information and start country-specific tiger projects which will be bolstered by their collective will. Though the Global Tiger Forum’s mission statement urges the international community to “abandon the use of tiger products and eliminate illegal trade”, actually tackling the problem in China, Taiwan and Vietnam, is quite a task. A significant development is that the State Council of China did outlaw trade in tiger bones on May 29, 1993, and recently publicly burnt nearly 1,100 kg of tiger bones.
57. We have heard learned Counsel for the parties. Mr. Lokur, learned Counsel for the respondent also expressed the same concern for the protection of wildlife and submitted that in the interest of healthy environment and to maintain proper balance in ecology, wild life must be protected.
58. This is not an adversary litigation but a collaborative one. It is the duty and obligation of all of us to find reasonable solution to this enormous problem faced by the mankind. The history of this country would reveal that a large number of animals and birds have totally become extinct and some birds and animals are at the verge of becoming extinct. Frequent incidents of poaching of tigers and other animals and recovery of large number of skins and enormous amount of bones and other organs of the animals go to show that large number of wild animals are hunted and killed leading to rapid depletion of the wild life. The trade of animal skin, particularly, of tiger skins and bones is becoming extremely lucrative because of international demand. Unless effective steps are taken to curb this trade, it would be disastrous for wildlife .
59. Under Article 48 of the Constitution, it is an obligation of the State to protect and improve the environment and to safeguard the forest and wildlife of the country.
60.The Supreme Court in the case of State of Biharv. Murad Ali Khan, 1988 (4) Supreme Court Cases, 655, observed in para 10:
“Environmentalists’ conception of the ecological balance in nature is based on the fundamental concept that nature is “a serious of complex biotic communities of which a man is an interdependent part”, and that it should not be given to a part to trespass and diminish the whole. The largest single factor in the depletion of the wealth of animal life in nature has been the “civilized man” operating directly through excessive commercial hunting or more disastrously, indirectly through invading or destroying natural habits.”
61. The Supreme Court in M.C. Mehta v. Union of India, 1987 (4) Supreme Court Cases, 463, had ruled that the Court may issue appropriate directions if it finds that public nuisance or other wrongful acts affecting or likely to affect the public is being committed and the statutory authorities who are charged with the duties to prevent it, are not taking adequate steps to rectify the grievance.
62. We have given serious consideration to this urgent problem faced by us. In our opinion, this problem can be effectively dealt only after an in-depth study of the problem is carried out by highly knowledgeable and experienced persons. The suggestions and recommendations given by those people ought to be properly scrutinised and pragmatic solution of the problem must be clearly spelt out and thereafter, immediate steps be taken to solve the problem.
63. After carefully going through the entire Parliamentary Debate on wildlife, particularly, during the period when the Wild Life Bill was introduced in Parliament, and reports of the leading national and international magazines and literature, the conclusion that wildlife has to be protected at any cost is irresistible. Hundreds of species have extinguished, and hundreds of them are virtually on the verge of being extinct. Unless effective steps are taken to protect our wildlife , the coming generation would see some of the most magnificent animals in museums, books and films only. Therefore, in view of preserving the wildlife, which is extremely vital for the mankind, we direct that the following steps must be taken immediately.
(1) The Central Government and the State Governments must ensure that adequate number of guards, fully equipped with the modern weapons be deployed at all the sanctuaries and national parks, to enforce wildlife protection laws effectively;
(2) Careful scrutiny be done at the time of choosing men for this job. Suitable men for such work would be absolutely imperative. They ought to be properly trained for this job;
(3) Strict vigilance shall have to be a must. Besides, a sufficiently large vigilance staff, the villagers living in the neighbourhood of the sanctuaries may also be involved. These villagers can keep an eye on the activities of any poachers or other undesirable element around and may act as secret informers;
(4) The service conditions of the guards and other staff deployed at the sanctuaries and national parks must be improved as they leave their homes and stay within the boundaries of a sanctuary for a long period. Some of them even are compelled to maintain two establishments because proper facilities of schooling, medical health may not be available near the sanctuaries and national parks. Unless the service conditions are made reasonably attractive, it would always be difficult to attract good officials particularly, those who are committed to preservation of wildlife.
(5) The staff deployed at the sanctuaries and national parks must be directed to maintain strict vigilance. Credentials of people visiting sanctuaries and national parks must be checked carefully particularly of those persons who are staying there for a number of days, weeks or months;
(6) No visitor be permitted to enter the sanctuary or national park with any weapon;
(7) The Central Government and the State Governments are also directed to maintain intelligence network in and around sanctuaries and national parks in order to get information of poachers and hunters;
(8) Licences of guns, rifles and weapons be issued very sparingly and even existing licences must not be renewed as a matter of course;
(9) The postal and customs authorities be directed to be extra careful and vigilant while checking parcels and packages carrying animal skins and animal articles;
(10) For effective implementation and expeditious disposal, special Courts be set up particularly where large number of cases pertaining to Wild Life Acts are pending or are likely to be instituted. The High Court concerned be requested to direct the concerned judicial officers to deal with cases pertaining to wildlife laws on priority basis;
(11) The State/Union Territories must set up a special cell within the State Police cadre consisting of officers of known efficiency and credibility to detect and investigate offences pertaining to wildlife Act in conjunction with wildlife authorities. The creation of the cell would go a long way in checking and investigating offences connected with illegal trade in animal articles.
(12) Similarly, investigative cell be set up within the Directorate of Revenue Intelligence and customs authorities to check smuggling of animal articles;
(13) The security guards and other officials located at sanctuaries and national parks must be given necessary equipments for discharging their duties effectively such as, proper shoes, torches, wireless, vehicles, weapons and fire-arms;
(14) The concerned Government must ensure effective patrolling of forests of national parks and sanctuaries to prevent theft of timber and forest produce which in turn destroys natural habitat of the wildlife. In each State, particularly, where sanctuaries and national parks are located, at least one Public Prosecutor must be appointed who must ensure expeditious disposal of cases pertaining to wildlife .
(15) Forest officials must be given incentive to apprehend poachers. When any clandestine cargo is sought to be exported or imported and the same is seized by the Customs officials, they are given 10 per cent of the value of the seizure. This applies even to wildlife articles. However, when the Forest officials apprehend a poacher and seize wildlife articles, they are not entitled to any reward. This is somewhat an anomalous situation and can be rectified if Forest Officers are made entitled to an award;
(16) The Central Government and State Government must educate people, about the importance of wildlife habitat. They must use the national media particularly, Radio and Television, for this purpose.
64. To achieve the aforesaid goal, we deem it appropriate to form a high powered Committee of knowledgeable people, who have vast experience in the field of wildlife . While constituting the Committee, we have also considered that members of the committee must have full credibility and commitment to preserve and protect the wildlife . Accordingly, we appoint the Committee to be headed by Secretary, Environment, Government of India.The Committee shall also have the following members:
1 Mr. Kailash Sankhla, who was the founder Director of Project Tiger and has written large number of books on tiger conservation and wild life; 2 Mr. S. Deb Roy, former Additional Inspector General of Forests (Wildlife). He was Field Director of Kaziranga and Manas National Parks in Assam. The revival of Rhino population in Assam is credited to him. Currently, he is a Member of the Steering Committee of Project Tiger and numerous other committees on wildlife. He has a very keen interest in preservation of wild life and has long experience.
3 Mr. Valmik Thaper, a keen conservationist in the committee of project tiger. He is also a Director of Ranthambhore Foundation and author of a number of well known books on tiger.
4 Mr. Fateh Singh Rathore, is a very keen conservationist and has worked for several years on wildlife and was closely associated with Ranthambhore wild life sanctuaries and other sanctuaries.
5 Mr. Ashok Kumar, Member Standing Committee of ‘Project Tiger’ and Member, Environmental Council;
6 Mr. Madan Lokur, Central Government Standing Council.
7 Mr. Raj Panjwani, Advocate who has keen interest in wildlife legislation.
65. The terms of reference of the committee are:
(a) to implement and monitor the directions issued by us;
(b) to make recommendations and suggestions pertaining to preservation and protection of wildlife in general and wild animals confined to sanctuaries, national parks and forest reserves;
(c) the committee is directed to make recommendations how this clandestine trade in animal articles can be effectively stopped;
(d) the committee is to examine existing wildlife laws, rules framed there under and suggest measures to preserve and protect the wildlife and make recommendations of amending the present laws and rules, if any, and how wildlife laws can be effectively implemented. Legal background of Mr. Lokur and Mr. Panjwani may prove to be of immense help in scrutinizing wildlife laws and suggest changes, if any;
(e) the Committee is particularly directed to make recommendations and suggestions pertaining to rapid and healthy growth of wildlife . The Committee may also consider necessity of setting up more sanctuaries and national parks.
(f) The Central and State Governments should also consider providing alternative source for fuel wood and fodder to the people dependent on the forests for this purpose. Fuel wood and fodder are the two most important factors for the accelerated depletion of the habitat of wildlife.
(g) The Ministry of Environment is directed to issue a notification of appointment of the Committee within 2 weeks from today. The Ministry shall provide all necessary facilities, including the facilities of stay, travel and other miscellaneous expenses, to the members of the committee, particularly, for visiting sanctuaries, national parks, etc. For all purposes, the members of the committee must get same facilities which are given to senior officials of the Government of India.
(h) The Committee, while giving recommendations and suggestions, must take into consideration wishes and aspirations of people living in the sanctuary or national park as well as those living in the vicinity.
(i) The Committee may also look into the basis of dispute between cattle owners and forest officials. Sometimes, cattle owners kill wild animals for their protection and the protection of their cattle. Poachers tend to take advantage of this kind of a situation. Problems may be of different dimensions in different sanctuaries and national parks and solutions have to be found in relation to an individual sanctuary or the national park.
66. The Committee may also consider peculiar problems of various sanctuaries and national parks. For example, some of the sanctuaries of the North are facing a peculiar problem of insurgency. In some of the sanctuaries of Assam, tigers are killed to raise money by selling the tiger articles to raise funds for the agitation.
67.In some sanctuaries in Southern India, the poachers kill tuskers for ivory which is in great demand both in the domestic as well as international market.
(j) Reference is made to Supreme Court Judgment in M.C. Mehta’scase––1988 (1) Supreme Court Cases 471 [LQ/SC/1988/14] . In para 23 of the said judgment, the Court directed the Central Government that all educational institutions in India should teach at least for one hour in a week, lessons relating to environment, wildlife, etc. The Central Government and the State Governments are directed to issue necessary instructions to the concerned authorities to comply with the Supreme Court’s directions without any further loss of time.
(k) The Central Government is directed to provide all facilities to the Chairman and the Members of the Committee which are necessary for discharging their duties and obligations.
68. The recommendations of the Committee be made to the Government of India within six months from the date of notification of the Committee. The Central Government and State Governments are directed to take necessary steps as suggested by the Committee to preserve and protect the wildlife and to promote and develop healthy wildlife.
69. Copies of the judgment be sent to the respondents and to the Secretary, Environment, Government of India with a Special Messenger for compliance within three days.
70. Before parting with this petition, we would like to place on record our deep appreciation for World Wild Fund for Nature in India, for bringing this petition. We would also like to place on record our appreciation for valuable assistance provided by the learned Counsel for the parties.
With these observations, the petition stands disposed of. No costs.
