New Delhi : Just about a week after newspapers wrote about the final call for declaring wildlife and its derivatives, the reaction from Delhi’s public has been encouraging. According to official sources, over 1500 forms have already been collected from the Chief Wildlife Warden’s office in Delhi. However, this notification has created a piquant situation. Snake charmers, dancing bear owners as well as bird traders cannot be arrested or stopped for 180 days starting April 18 as this period allows them a chance to declare their acquisitions. They are currently taking advantage of this lacunae and are seen practicing their trade on roads and residential colonies. In a bizarre incident, a snake charmer was arrested with a python by the police at the Prashant Vihar police station in Rohini. He had to be released because the wildlife inspectors refused to accept the animal. There is yet another factor that lends ambiguity to the situation. A shahtoosh shawl that is declared in India and certified by the Wildlife authorities will still be considered illegal if the owner travels with it outside the country. As per the CITES (Convention on International Trade in Endangered Species of Wild Fauna and Flora) regulations that operate outside India, one could be arrested for carrying a wild animal derivative.
Back home, this is the first (and the last) opportunity for people who own wild animals or wildlife derivatives – shahtoosh shawls, tiger skins, deer antlers or any other trophies – to make their acquisitions legal. And this time, the government is making enough noise to ensure that everyone knows about this amnesty scheme and do not cite ignorance as an excuse to go scott free. This time, Chief Wildlife Wardens have been asked to give wide publicity to the intent of this notification in regional languages and assist local communities and individuals especially the poor and illiterate in the declaration of their possession.
The Chief Wildlife Warden, Delhi, Mr. A.K. Sinha said, “This time there is extensive press coverage of this news item and the results can be seen. People have been making enquiries and collecting forms too. We shall be releasing press advertisements too at frequent intervals in various newspapers to spread this message”. The application has to be made within 180 days from the date of publication of these rules. This plan has been gazetted by a notification No. S.O. 445(E) dated 18th April, 2003. The maximum penalty for such illegal trade can be as high as seven years imprisonment and a fine upwards of Rs. 25,000.
The notification follows a 2 year long campaign by the Wildlife Trust of India and its partner, International Fund for Animal Welfare, against the manufacture and use of shahtoosh, which is made out of the hair of the Tibetan antelope or chiru. The animal is illegally massacred in large numbers by poachers. ( It is worth noting that in India, the chiru was brought under the auspices of Schedule II of the Wildlife (Protection) Act of 1972. At that time, it was provided “regulated” protection or trade under license from the government. However, in 1977, the species was upgraded to Schedule I, which gave it total protection from hunting and trade and it became a non-bailable offence). WTI / IFAW had strongly lobbied that an opportunity be given to those owning unregistered shawls to register them.
The Ministry of Environment & Forests has announced the rules under which stock of live wild animals and derivatives can be declared by individuals to obtain an ownership certificate. The rules are called “Declaration of Wild Life Stock Rules, 2003”. “This is the right step forward by the government,” Ashok Kumar, Senior Advisor and Trustee, Wildlife Trust of India, said. “We had been lobbying with the government for long to move this forward as this is the only way a lot of people who had unknowingly bought a shahtoosh shawl in the past can redeem themselves. However, this may also legalise some illegal shawls. But, be that as it may, the line has finally been drawn. After this nobody can claim that they did not know.”
The declaration requires an application to be submitted to the Chief Wildlife Warden of the State / Union Territory or an officer authorized by the Chief Wildlife Warden of the state requesting him to register the items legally acquired and owned by the individual. The amnesty scheme applies to all species and their derivatives mentioned in Schedule I or part II of Schedule II in private ownership, which the owner had not declared earlier.
The applicant has to declare that the specimen of wildlife or derivative shall not be transferred to anyone by any mode except by way of inheritance. In other words, ownership cannot be transferred by sale or gift. The amnesty scheme does not apply to erstwhile wildlife traders who are covered by Section 49 of the Wildlife (Protection) Act. Private ownership of wild species and derivatives (which includes shahtoosh shawls) is covered by the amended Section 40 to which clause 40A has been inserted by the Amendment Act of 2002.
