2021 (3) TMI 1369 - HC - Indian Laws

Illegal trade and smuggling - fragile in terms of management of wildlife - Formation of Inter-State Co-ordination Committee with neighbouring states to deal with problems related to Wildlife Crime especially smuggling of wild animals and their articles - HELD THAT - All illegal activities in relation to birds and animals in whatever form and in connection with whatever melas and other festivals have to be completely stopped by the State, in exercise of its police power, if needed. Therefore, it is ordered that hunting, selling, buying or exchanging of birds either as part of sale of domestic animals or otherwise shall stand prohibited by this order, apart from the prohibitory provisions contained in the different statute laws. It is also directed that transport and smuggling of live birds through various courier services or packages or any other mode through inland transport or through airports in any manner shall be prevented by the State Police and Police Authorities, Customs Authorities and security personnel in charge of the airports as well as police officials and other officials in control of the inland transport system. The Airport Authorities, the Customs Authorities and the Authorities in control of the inter-state boundaries, exit points and entry points, are directed to ensure that transportation of live birds and other small and big animals which are part of wildlife, are intercepted and offenders are brought to book. The restrictions imposed through this order are for compliance throughout the State of West Bengal and this order shall by itself be treated as a prohibition with public notice. Non-implementation of this order in its letter and spirit will be looked upon as dereliction of duty and violation of this order on the part of the officers in the administration whose obligation it is to enforce this order - Post this matter on May 14, 2021.

Summary

Issues: Wildlife management and conservation, Illegal wildlife trade and smuggling, Prevention of hunting and illegal activities involving birds and animals

In this judgment delivered by the High Court of Calcutta, the Chief Justice and another Judge directed the Chief Secretary and Secretary of the Home Department of the Government of West Bengal to consider and implement suggestions made by the Forest Department to control wildlife crime, especially illegal trade and smuggling. The court emphasized the critical importance of these measures in preserving forests, forest wealth, and wildlife. The court ordered the government officials to present their views on these suggestions after deliberations, highlighting the need to protect wildlife and forest resources effectively. The judgment underscores the significance of modernizing the Forest Force and raising awareness through media campaigns and community engagement to combat wildlife crime effectively.

Furthermore, the judgment addressed the issue of illegal activities involving birds and animals during local festivals and in pet markets in various districts of West Bengal. The court prohibited hunting, selling, buying, or exchanging of birds, in addition to the transport and smuggling of live birds through courier services or airports. The State Police, Customs Authorities, and other relevant officials were directed to enforce this prohibition rigorously. The court warned that any violation of this order would be promptly dealt with by the jurisdictional officers as per the law. The judgment also mandated the publication of this prohibitory order on government and court websites, emphasizing the need for strict compliance throughout the state.

The court emphasized that non-implementation of this order would be considered a dereliction of duty by the responsible officers. The judgment concluded by directing the Registrar General of the Court to record the report/lay-note and scheduled the next hearing for May 14, 2021. This comprehensive judgment aims to strengthen wildlife conservation efforts, prevent illegal wildlife activities, and ensure the protection of birds and animals in West Bengal through stringent enforcement measures and government collaboration.