INTRODUCTION
The extinction of species is occurring much more quickly now than it did in the past. In this circumstance, there are two issues that come up. According to biological science, extinction is the process by which natural selection prunes the poorly adapted and other undesirable species. It enables the most resilient to prosper. Every species that is currently living will eventually become extinct because species go extinct all the time.1 Therefore, the first question that comes in one’s mind is that why there is a need to protect them when extinction is a natural process. On the other hand, it is a well known fact that killing and sale of endangered animals and various articles made from their skins and horns benefit economically to the countries. So, the second question that arises is that why there is a duty imposed upon us to protect and conserve them? The answer to these two questions is that the human population is closely intertwined with the lives of other species. The conservation of endangered species is important for the survival of human population in a long term.
A healthy ecosystem is required for the operation of effective food networks. Every time an organism goes extinct, it represents the irreparable loss of evolutionary potential and the degradation of the magnificent variety. The loss rate has multiplied one hundred times over the past century, which is alarming.2 This is due to the human induced activities such as global warming, habitat loss, chemical pollution, deforestation and unsustainable hunting and poaching. Therefore, it should be the duty of human to undo the loss that is invoked by such activities.
Within the conservation toolbox, law is a promising tool that can contribute towards the conservation of endangered species. Internationally as well as nationally, law represents the commitment of governments for the welfare of the countries. Through enforcement of conservation laws a duty of care is imposed upon every citizen towards the protection and care of the wildlife.
INTERNATIONAL FRAMEWORK FOR THE PROTECTION OF ENDANGERED SPECIES
In International Environment law, Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) performs a duty of regulating international trade of wild animals and products made out of them in a way that do not threaten their survival. If we go to other International jurisdictions, America’s Endangered Species Act, 1973 is unarguably recognized as one of the most successful environmental laws of the world.
1. Convention on International Trade in Endangered Species, 1973
Unrestricted international commerce and overexploitation of numerous vulnerable species led to the adoption of CITES in 1973. Wildlife product trade that is illegal has enormous economic potential. Fulfilling consumer desire for furs, skins, exotic pets, traditional medicines, seafood, fashion, and ornamental objects is the goal of the trade. Some animal and plant species are highly exploited, and trade in them, combined with other factors like habitat loss, has the potential to drastically reduce their populations and even bring some species dangerously close to extinction.3 As a result, CITES strives to manage trade sustainability and stop illicit trade.
CITE lists three appendices to enumerate species on the basis of extinction threat. In Appendix I species that are in jeopardy of going extinct are mentioned. There trade for profit is forbidden. Only if the nation of origin guarantees that the trade won’t damage the species’ chances of survival the trade is authorized that too solely for research.4 Species listed in Appendix II and Appendix III are those whose trade has already been restricted by CITES Parties when those Parties require assistance from other nations to prevent unsustainable or illegal exploitation but are not necessarily currently threatened with extinction.
2. Endangered Species Act, 1973
Endangered Species Act, 1973 is known as one the most successful legislation in Environment Law history. The act aims to provide a framework to conserve and protect endangered and threatened species and their habitats.5 ESA gained widespread recognition through the landmark “snail darter case”. In TVA v. Hill6, a dam was supposed to be constructed on Tennessee River. Later, it was found that the snail darters’ only known habitat was the waterway. The building costs included a sizable sum of tax dollars, but the US Supreme Court was adamant about enforcing ESA. Under the influence of politics and the economy, the dam was built. Despite this, the Snail Darter case is regarded as a success because of the state’s is will to safeguard the endangered species. Each Federal agency is required by Section 7(a) (2) to ensure that any action authorized, funded, or carried out by the agency is not likely to endanger the existence of any endangered or threatened species or cause the destruction or adverse modification of that species’ habitat.7
The ESA provides with an elaborative procedure for conservation of endangered species. Listing under the provisions of the act provides species with an array of regulatory and non regulatory benefits, including recovery plans, protection from unauthorized take, protection of critical habitat, scientific research, captive breeding, public education, and habitat restoration and acquisition.8 According to section 3(3) of the ESA, the terms “conserve”, “conserving”, and “conservation” mean to use and the use of all methods and procedures which are necessary to bring any endangered species or threatened species to the point at which the measures provided pursuant to the Act are no longer necessary. The above definition of conservation gives the idea of extent of commitment of a state in ensuring the recovery of a vulnerable species. The ESA is considered incredible because it not only safeguards species from extinction but also have provisions for their recovery. The ESA allows conservation organizations or even a private citizen to propose a species for listing within the act. It does not delimit this work to US Fish and Wildlife service, organization that is responsible for designating species for the protection.
LEGAL FRAMEWORK FOR ENDANGERED SPECIES IN INDIA
The survival of other species, including humans, depends on the presence of wildlife in order to keep the ecological balance. The habitat of wildlife is now seriously threatened by the growth of human society. So, in order to protect and preserve wildlife, the Indian government has passed a number of laws, most of which are in accordance with international laws and conventions pertaining to the conservation of wildlife and the protection of the environment that have been adopted by the United Nations and other international organizations.
The following are the steps the government has taken to prevent the endangered animals in India-
1. The Wildlife (Protection) Act, 1972
The Wildlife Protection Act was approved by the Indian Parliament on August 12 and became operative on September 9 of that same year. The Act was introduced with the intention of offering safety and security to the native plants, animals, and birds. Hunting is not permitted for any of the wild animals listed in Schedules I, II, III, and IV of the Act. With one exception, a wild animal on one of these schedules may only be hunted with the state’s Chief Wildlife Warden’s (CWLW) consent if it poses a threat to human life or property (including standing crops on any land) or it is crippled or afflicted with a chronic illness that is incurable.9 Any area may be designated as a sanctuary by the central government as long as it has sufficient ecological, faunal, floral, geomorphologic, natural, or zoological importance. The government may also designate a location as a national park. The central authority appoints a Collector to oversee the territory designated as a Sanctuary.10
The Wildlife Protection Act of 1972 established a number of governing organizations, including the National Board for Wildlife and State Board for Wildlife. The functions and rights of similar protected places, such as national parks and sanctuaries, are also declared. In this act, provisions related to the conservation and protection of such animals is stated. Animals are classified under 6 schedules based on the likelihood that they will survive.
Schedule I includes threatened and endangered animals that require strict protection. The animals are given security from crimes like trading, killing, and poaching.11 For breaking the rule as set forth in this Schedule, a person is subject to the harshest punishments. In India, it is against the law to hunt any of the species listed in this Schedule unless a danger to human life or an incurable illness exists. Following are the animals that are granted protection under the act- Bengal Tiger, black buck, rhinoceros, long tailed Macaque, Kashmiri Stag, Chinkara etc. With the trade of these animals prohibited, Schedule II animals receive great protection. They cannot be hunted unless there is a danger to human beings or if they have an illness or disorder that is incurable.12 Schedules III and IV contain species that are not threatened. This includes animal species that are protected from hunting, though the punishment for doing so is less severe than it is under the first two schedules.13
Act mandates that the National Board for Wildlife (NBWL) be established by the Central Government. To promote the conservation and development of wildlife and forests by taking suitable action is one of the National Board for Wildlife’s key responsibilities. It is also required to develop policies and offer guidance to the federal government and state governments on how to encourage wildlife conservation and successfully combat poaching and the illegal traffic in wildlife and its products.14 The National Tiger Conservation Authority should be established by the Central Government in accordance with the Wildlife Protection Act, and the Minister of Environment and Forests should be chosen to serve as its chairman.
Unless it is for improvement or better management, which is determined by the state government in consultation with the National and State Boards for Wildlife, the statute forbids the destruction or diversion of wildlife and its habitat by any means. The WLPA includes complex procedures for handling legal rights in proposed protected areas, and any land or interest acquired under this law is deemed to be acquired for the public good. A new chapter (IV B) for the creation of the National Tiger Conservation Authority and notification of Tiger Reserves was added in the 2006 amendment. The 2006 amendment created the Wildlife Crime Control Bureau (WCCB) to oversee and regulate the illegal traffic in wildlife products.15
Loopholes in the act-
One of the most prevalent wildlife crime is illegal trading of animals which is also known as wildlife trafficking. The worst thing is that it is taking place in India at a very high rate and endangered species are becoming active victims of this crime. The pangolin, known to be the most trafficked mammal in the world is being hunted for its meat across the northeastern States and in central India, the demand for its scales in China has made it the most critically endangered animal in less than a decade.16 Trade in Pangolin is prohibited and it is a protected species both under Schedule I of Wildlife Protection Act, 1972.17 The Indian Star Tortoise being protected under Schedule IV of Wildlife Protection Act, 1972.18 The root cause of wildlife trafficking is export and import of animal items or trophies. Penetrable borders make the activity of export and import much easier, especially in neighboring countries.
The Wildlife Protection Act, 1972 lacks provisions for forfeiture of any foreign species that might pass through India. Although, the checkpoints and custom officials at airports are efficient in capturing the smuggled items but neighboring countries easily get through the borders. There is lack of coordination among law enforcement agencies, Border Security Forces, Custom Forest Departments and Railway Protection Force. This is due to the poor implementation of the act. Law enforcement agencies of the countries through which illegal trade is done should assign investigation teams for examination, identification and reporting of people involved in the trafficking racket. India should take a step forward by asking for regional cooperation and exchange of information from the countries involved in the trafficking in order to curb the crime.
2. The Biological Diversity Act, 2002
The Indian Parliament enacted the Biological Diversity Act, 2002 to safeguard biodiversity and make it easier for local communities to manage biological resources sustainably. India is a party to the United Nations Convention on Biological Diversity (CBD), to which the Act was passed in order to comply with its requirements. The key components of the Biological Diversity Act are that it helps in maintaining and preservation of biodiversity, safeguarding local communities’ understanding of biodiversity and secure benefit-sharing with locals who act as biological resource protectors and sources of knowledge. It has also made access to the nation’s biological materials restrictive. It also ensures safeguarding and rehabilitating of endangered animals. Any violation of this Act is both cognizable and non-bailable offence.19
In 2003, the Indian government established the National Biodiversity Authority (NBA) under the Ministry of Environments and Forest to carry out the terms of the act.20 The NBA is an independent, statutory organization with its main office in Chennai. The 29 states also established biological management committees for each local authority and State Biodiversity Boards (SBB). In accordance with this law, the Central Government, after consulting the NBA must warn people about endangered species and ban or control the collection, rehabilitating, and conservation of those species that are notified as threatened and endangered animals, under the IUCN Red List. The group responsible for ensuring the preservation and equitable distribution of these resources at the municipal level is the Biodiversity Management Committee (BMC). The act enables the aforementioned authorities at each level to safeguard the natural environment of biodiversity-rich areas and impose access restrictions on unauthorized individuals or groups.21
To prevent extinction, the act has set appropriate guidelines for the preservation of flora and fauna. The act gives the union government duties, including regular monitoring of the condition of endangered species in cooperation with state officials. As a result, they give instructions on how to forbid the collection of such species for any commercial purpose and how to take the required steps to ensure their preservation. According to the act, it is highly advised that local people’s expertise and practices regarding the protection and use of biological resources be preserved. In the event that anyone or any organization seeks to patent, research, study, or share knowledge about biodiversity in India, the act has suggested stringent guidelines.
All required guidelines and measures for the protection and preservation of flora and fauna are included in the Biological Diversity Act of 2002. These are the natural resources that humans need to exist on earth, including food, fuel, medicine, and air. Controlling the indiscriminate clearing of land and forests for human growth is another goal of the Biological Diversity Act. This law’s main goal is to safeguard various species’ ecosystems so they can continue to develop and benefit people. The act also gives authorities the authority to take the required actions to stop pirate activities and excessive exploitation of native biological resources.
Loopholes in the act-
The act is unable to provide the aim of protection of endangered species. The act only talks about sustainable use of its components and fair and equitable sharing of the benefits arising out of the use of biological resources. The Section 38 of the act has provision for notification of any endangered species but notification itself is not enough to fulfill the need of protection and care of the animals in danger. The People’s Biodiversity Registers (PBRs), which are regarded as the fundamental records of a region’s biological assets such as plants, animals, and the traditional knowledge of the local people, have not been created by the majority of the local bodies of many states despite the fact that many years have elapsed since the Act’s enactment.22
The environment impact assessment reports become irrational and meaningless in the absence of PBRs and when the Act is not implemented, regardless of the environmental clearances granted for various projects without documenting the true state of biological diversity. According to experts, by not putting the Biological Diversity Act into effect, which contains provisions for access and profit sharing for commercial exploitation of bio-resources, the nation is losing at least thousands of crores of rupees annually.
SUGGESTIONS
There are several suggestions for protecting endangered species through laws, including:
1. Creation of strict laws: Governments can create strict laws and regulations to protect endangered species from illegal hunting, poaching, and trading. These laws can include penalties, fines, and imprisonment for those found guilty of violating them.
2. Protected areas: Governments can establish protected areas such as national parks, wildlife sanctuaries, and reserves to provide a safe habitat for endangered species.
3. Habitat conservation: Governments can work to conserve the natural habitats of endangered species, by protecting forests, wetlands, and other ecosystems from development and other forms of habitat destruction.
4. Trade restrictions: Governments can impose trade restrictions on endangered species and their products, prohibiting their international and domestic trade to prevent illegal trafficking.
5. Public awareness: Governments can create public awareness campaigns to educate people about the importance of protecting endangered species and their habitats, and encourage people to take action to protect them.
6. Collaborative efforts: Governments can work together with conservation organizations, local communities, and other stakeholders to protect endangered species and their habitats. This can include joint conservation projects and collaborative research efforts.
CONCLUSION
The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) regulates international trade of wild animals and their products to ensure their survival. Similarly, the Endangered Species Act (ESA) of 1973 in the United States is one of the world’s most successful environmental laws. The ESA outlines procedures for the conservation of endangered species, including benefits such as recovery plans, protection from unauthorized take, protection of critical habitat, scientific research, captive breeding, public education, and habitat restoration and acquisition. The ESA is renowned for its provisions not only for safeguarding species from extinction but also for their recovery. The ESA allows conservation organizations or even private citizens to propose a species for listing within the act and is not solely restricted to the US Fish and Wildlife service.
In India the Wildlife Protection Act was enacted to provide protection to native flora and fauna. Hunting of wild animals listed in Schedules I, II, III, and IV is prohibited, except with the consent of the state’s Chief Wildlife Warden in cases of threat to human life or property, or when the animal is incurably ill or crippled. The Act permits the central government to designate any area as a sanctuary based on its ecological, faunal, floral, geomorphologic, natural, or zoological importance. The National Board for Wildlife (NBWL) was established to promote the conservation and development of wildlife and forests by offering guidance and policies to the government. The Act, however, does not have provisions for the forfeiture of foreign species that pass through India, and its implementation is hindered by the lack of coordination among law enforcement agencies. Law enforcement agencies of the countries involved in illegal trade should assign investigation teams for examination, identification, and reporting of those involved in trafficking.
Similarly, the Biological Diversity Act is aimed at preserving biodiversity, protecting local communities’ knowledge of biodiversity, and ensuring that they benefit from their protection efforts. It restricts access to the country’s biological resources and provides guidelines for the preservation of endangered species. The union government has the responsibility of monitoring the condition of endangered species and instructing state officials on how to protect them. The act requires the creation of People’s Biodiversity Registers (PBRs) to record a region’s biological assets and traditional knowledge, but many local bodies in various states have yet to create these registers.
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Footnotes
1. R. Alexander Pyron, We don’t need to save endangered species. Extinction is part of Evolution., THE WASHINGTON POST (Nov. 22, 2007), https://www.washingtonpost.com/outlook/we-dont-need-to-saveendangered-species-extinction-is-part-of-evolution/2017/11/21/57fc5658-cdb4-11e7-a1a3- 0d1e45a6de3d_story.html?noredirect=on&utm_term=.56db4a02705b.
2. Michael Marshall, What is the point of saving endangered species?, BBC (July 14, 2015), http://www.bbc.com/earth/story/20150715-why-save-an-endangered-species.
3. https://www.cites.org/eng/disc/what.php.
4. Appendix I, CITES.
5. Jeffery Gogo, South Africa talks tough on ivory trade, THE HERALD (May 13, 2019), https://www.herald.co.zw/southern-africa-talks-tough-on-ivory-trade/.
6. Tennessee Valley Authority v. Hill, 437 U.S. 153 (1978).
7. Section 7(a)(2), Endangered Species Act, 1973.
8. Martin F. J. Taylor, Kieran F. Suckling, Jeffrey J. Rachlinski, The Effectiveness of the Endangered Species Act: A Quantitative Analysis, BioScience, Volume 55, Issue 4, April 2005, Pages 360– 367, https://doi.org/10.1641/0006-3568(2005)055[0360:TEOTES]2.0.CO;2.
9. Section 11, section 12, Wildlife Protection Act, 1972.
10. Section 18, 26A, 27, Wildlife Protection Act, 1972.
11. Section 11(1)(a), Wildlife Protection Act, 1972.
12. Schedule I, Wildlife Protection Act, 1972.
13. Section 11 (1)(b), Wildlife Protection Act, 1972.
14. Section 5A, Wildlife Protection Act, 1972.
15. 2006 amendment, chapter IV B added, Wildlife Protection Act, 1972.
16. Rahul Karmakar, The Last of the Elusive Pangolins, THE HINDU (Feb. 19, 2019), https://www.thehindu.com/news/national/the-last-of-the-elusive-pangolins/article26292956.ece.
17. Schedule I, Wildlife Protection Act, 1972.
18. Schedule IV, Wildlife Protection Act, 1972.
19. Section 58, Biological Diversity Act, 2002.
20. Section 8, Biological Diversity Act, 2002.
21. Section 41, Biological Diversity Act, 2002.
22. https://www.downtoearth.org.in/blog/wildlife-biodiversity/implement-the-biological-diversity-act-in-its-true-spirit-63322#:~:text=Ten%20years%20later%2C%20the%20Biological,resources%20with%20the%20local%20communities.