WILDLIFE PROTECTION SOCIETY OF INDIA Vs. STATE OF J&K

JUDGEMENT

(1.) THE Wildlife Protection Society of India is the petitioner. It claims to be voluntary organisation formed with the aim of averting Wildlife Crisis and also to provide additional support and information required to combat illegal International Wildlife Trade. In this petition the focus of its attention is the threatened extinction of Tibetan Antelope which is commonly known as Chiru. The under -wool of this animal according to the petitioner is used for manufacturing Shahtoosh Shawls. According to the petitioner there have been startling seizures of Shahtoosh Shawls and Shahtoosh between 1992 -98 and India accounts for most of the seizures. This is notwithstanding the fact that Tibetan. Antelope is a protected animal under the Central Wildlife Protection Act, 1972. (for short Central Wildlife Act), and despite the fact that India is a signatory to the Convention on International. Trade in Endangered Species of Wild Fauna and Flora (for short CITES hereinafter) under which import and trade in animal articles made or derived from Shahtoosh that is the under -wool of Tibetan Antelope is prohibited.

(2.) ACCORDING to the petitioner Chiru has been included in Appendix -I of the CITES which came into force in October, 1996 but still manufacture and trade of Shahtoosh is not regulated in the State because it is not a protected animal under the J&K; Wildlife Protection Act, 1978 (for short the State Wildlife Act). The case of the petitioner is that there is a paradoxical contrast between the Central Wildlife Act and the State Wildlife Act because while under the former Chiru is a protected animals. It is not so under the State Act.

(3.) WHILE Shahtoosh is used for making garments such as fine quality shawls, the horns of Chiru are used in the preparation of traditional Chinese medicines and its meat is said to be a delicacy in China. According to the petitioner -Society, there are official reports that about 2000 -3000 Chiru are killed every year and the poaching goes on. Although the import and export of Shahtoosh is prohibited yet the seizures of Shahtoosh. Shawl in Delhi, Calcutta and Bangalore indicate that the Shahtoosh Shawls are being manufactured and marketed also because the State has neither banned its manufacture nor regulated the trade as required Under Section 43 of the State Wildlife Act. It is further averred that a small population of about 200 Tibetan Antelope migrate to Ladakh region during summer and assuming that during this period they shed their wool, the same is not sufficient to sustain the trade in Shahtoosh Shawls. It is thus clear that poaching continues in this part of the country and the Shahtoosh is being illegally imported also. The society, therefore, prays that respondents be directed to implemented and initiate measures to prohibit/regulate importation, manufacture from and sale of raw under -wool of Tibetan Antelope or any product made or derived there from in compliance with the provisions of CITES and enforce export and import policy effective from 1.4.1977 to 31.3.2000.