Thursday, December 4, 2008

The Law and the Jungle

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Sudhir Mishra, Leading Environmental Lawyer


In the last 10 years of my association with wildlife cases, I have seen moments of absolute joy, and at the same time, there were times of total despair. With the dawn of the new millennium, illegal wildlife trade has become truly globalized and as supply no longer depends on local needs, it has increased manifold. But then, in the last few years, some landmark court convictions involving wildlife traders and poachers have also been seen. Just recently the State of Gujarat managed to get an historical conviction against poachers who had travelled all the way from Madhya Pradesh to kill the Asiatic lions and sell their bones in the guise of tiger bones.

This case was unprecedented for Indian wildlife since this was the first case to come to light involving Asiatic lions and for the first time such a large group of poachers have been convicted together. India has a stringent legal framework to curb illegal wildlife trade but even with the Prime Minster being the head of the apex body for wildlife conservation there is an absence of political will to enforce the laws aggressively. Invariably in most of the states there are no proactive enforcement strategies on the part of forest and police departments. There have been very few convictions, especially for tiger poaching, despite an increase in seizures in recent years. In this context, the Gujarat conviction, where the trial was wrapped up in a year and a half is highly motivating. The conservation efforts also suffer setbacks due to the approach of some NGOs who invariably speak in different voices and for competing purposes, and are generally isolated in their methods. The court prosecution and appropriate sentencing are going to be critical factors for discouraging wildlife crimes. We need to provide the magistrates dealing with wildlife cases training about the wider environmental, social, economic and cultural impacts. If the conservation community, government and the stake holders at the ground zero work together then the fight to conserve wildlife will get a defining moment.


Amarpal Malhi


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Source :
IIPM Editorial, 2008
An Initiative of IIPM, Malay Chaudhuri and
Arindam Chaudhuri (Renowned Management Guru and Economist).


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