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 a voluntary organisation formed with the aim of averting Wildlife Crisis and also to pro vide additional support and information re quired to combat illegal International Wild life Trade. In this petition the focus of its attention is the threatened extinction of Ti betan Antelope which is commonly known as Chiru. The under-wool of this animal according to the petitioner is used for manu facturing Shahtoosh Shawls. According to the petitioner there have been startling sei zures of Shahtoosh Shawls and Shahtoosh between 1992-98 and India accounts for most of the seizures. This is notwithstand ing the fact that Tibetan Antelope is a pro tected animal under the Central Wildlife Protection Act, 1972 (for short Central Wild life Act), and is 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 be cause it is not a protected animal under the J&K Wildlife Protection Act, 1978 (for short The State Wildlife Act). The case of the peti tioner 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 animal, it is not so under the State Act.

(3.) Let us first know what Shahtoosh is and how it is used in making shawls. Tibetan Antelope or Chiru is endemic to the high planes of the Tibetan Plateau. As it inhabits in the Worlds most claimatical hos tile regions which is characterised by extreme high altitude, it grows thick coat as insulation to conserve body heat for fighting cold at an altitude which is more than 3500 metres. This coat has two types of hairs, (a) Long rough guard hairs and (b) Under-wool which is com posed of fine wool hairs. This thickly packed under-wool grows closed to the second and remains covered by guard hairs. Like other animals of cold climate, the Tibetan Antelope also shed their thick winter coat when the AMBIENT rise with the unset of summer. This moulding takes place during every spring sea son. It is thus under-wool of Chiru which is known as Shahtoosh and is traditionally used for making fine quality woolen garments which are highly priced in the market.