In a move that will ensure better protection of exotic live species of birds and animals in India, the Supreme Court has upheld the June 2020 advisory issued by the Ministry of Environment, Forest and Climate Change (MoEFCC) on declaration of stock, dismissing a public interest litigation (PIL) challenging its legality and validity.
Exotic live species are animal or plant species moved from their original range (location) to a new one. These species are introduced to a new location most often by people. The advisory was issued as the Covid outbreak raised global concerns over wildlife trade and zoonotic diseases.
The order by the bench of Justice Krishna Murari and Justice Hima Kohli said: “Once a declaration within the window of six months as provided under the Advisory is made, the exotic live species, including its progeny, the declarant or transferee(s) are fully exempt from explaining the source of exotic live species. The exotic live species which is declared or its progeny, are not liable to confiscation or seizure by any Central Agency or State Agency. Consequently, the declarant or the transferee(s) of such declarant will be immune from prosecution under any civil, fiscal and criminal statute by any Central or State Agency. Any other interpretation would lead to absurdity."
In line with the advisory, the SC held that “any declaration made after the expiry of the window shall carry no such exemption and the declarer shall have to comply with all requisite documentation under the extant laws and regulations".
The advisory has been the subject matter of challenge before various High Courts on identical grounds. However, it has been upheld at all junctures – be it the Delhi High Court judgment on October 23, 2020 on the plea filed by the Khodiyar Animal Welfare Trust; judgment of the Rajasthan High on October 14, 2020 on the plea by Vivek Swami; judgment of the Meghalaya High Court on October 14, 2020 on the plea by J.S. Wahlang; or the judgment of the Allahabad High Court on July 30, 2020 on the plea by Dinesh Chandra through the Additional Principal Chief Conservator of Forest and Others.
The SC said that “it may be noted that a Special Leave Petition was filed against the Allahabad High Court judgment, which was dismissed by this court through its order on October 13, 2020".
The advisory includes animals named under the Appendices I, II and III of the Convention of International Trade in Endangered Species of Wild Fauna and Flora (CITES) and does not include species from the Schedules of the Wildlife (Protection) Act 1972.
The MoEFCC allows the holders of such species to give information on the exotic species through voluntary disclosure. The registration is to be done for the stock of animals, new progeny, as well as for import and exchange.
Through the advisory, the MoEFCC’s aim is ensure better management of the species and to guide the holders on proper veterinary care, housing and other aspects of well-being of the species.
The database will also help in control and management of zoonotic diseases on which guidance would be available from time to time to ensure safety of animals and humans.
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