The Calcutta High Court on Tuesday (08th December) directed the State Forest Department to strictly ensure obedience to the laws relating to the prevention of cruelty to animals and birds and also the laws governing the prevention of cruelty to captured animals, in particular capturing of birds. ( In re: Smuggling and illegal trading of endangered species of birds )
A Division Bench consisting of Chief Justice Thottathil B. Radhakrishnan and Arijit Banerjee took note of the Pet Shop Rules and pointed out that only trade in animals or birds whose ownership was otherwise not prohibited was allowed under the Rules.
The Court went on to stress that only individuals who were registered as owners of pet shops could trade in animals or birds and trade could not be carried out in any make-shift arrangement.
All of these restrictions served to underscore the inescapable constitutional and legislative command interdicting the capturing of birds, the Court emphasized.
Migratory birds do not carry passports and do not need visa stamping. Noting that migratory birds did not confine to flying in specific territories, the Court observed that Constitutional and statutory protections would have to trickle down and provide succor to these species. As noted in the order:
“Migratory birds do not carry passports and do not need visa stamping. The geographical territories or terrain from which the migratory birds may move would not at all be relevant to provide protective umbrella of the Constitution of India and the Statues falling under it for the succour to and management of the fauna which fly in of their own.”
The Court emphasized that the Rules clearly established that birds that have not acquired independent survival skills and flightless birds could not be captured for the purpose of trading in any form.
The order read as, “Prevention of Cruelty to Animals Act, 1960, clearly establish that an offspring of a bird that has not attained the age at which it clearly acquires independent survival skills to meet its basic needs like food, warmth and safety and, further, birds without mature flight feathers cannot be captured for the purpose of trading in any form.”
In addition to these observations, the Court took on record the submissions of the Advocate-General, who agreed that West Bengal had become a hub for the illegal trade in endangered species.
Advocate-General Kishore Datta took the Court through the steps the West Bengal Wildlife Wing had already taken as well as those proposed to be taken in order to tackle the issue.
The Advocate-General made the following submissions in Court:
What has been done:
- Creation of protected areas such Wildlife Sanctuaries and National Parks
- Intensive forest patrols;
- Construction of watchtowers and protection camps;
- Strengthening communication systems between officers on patrol;
- Delegation of powers to officers in non protected areas, conferring upon them the status of Wildlife Wardens as described under the Wildlife Protection Act;
- Roping in noted conservationists;
- Creation of Forest Protection Committees;
- Liaising with enforcement agencies to combat illegal animal trade;
- Establishment of legal cells and vigilance in forest divisions to provide prosecution support.
What remains to be done:
- Formation of Co-ordination Committees between State governments and neighbouring countries;
- Formation of Special Task Forces and wildlife squads in each district;
- Deployment of police in National Parks and Sanctuaries, Tiger Reserves and important forest areas;
- Establishment of Special Courts to deal with Forest and wildlife cases;
- Modernization of Forest Force, equipping them with modern equipment, transport and arms;
Directing the strict implementation of the Pet Shop Rules and the filing of compliance reports by the next hearing, the matter was directed to be posted for January 19, 2021.
Read Judgment @Latestlaws.com
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