Author(s): Ananya Shree & Ram Kinkar
Paper Details: Volume 3, Issue 4
Citation: IJLSSS 3(4) 30
Page No: 358 – 368
ABSTRACT
India, home to diverse ecosystems and endangered species, faces mounting challenges due to wildlife trafficking, a transnational crime that undermines biodiversity, threatens livelihoods, and funds illicit networks. This paper examines the legal and enforcement dimensions of wildlife trafficking in India, focusing on existing laws such as the Wildlife (Protection) Act, 1972, and related statutes.
Despite a robust legal foundation, enforcement inefficiencies persist due to institutional constraints, inadequate funding, and corruption. The study proposes strategic reforms such as specialized task forces, cross-border intelligence-sharing, and judicial sensitization to strengthen India’s anti-trafficking framework.
This paper contributes to the broader discourse on environmental justice and sustainable conservation by identifying actionable insights to combat wildlife crime more effectively.
Keywords: Wildlife, Trafficking, Protection
INTRODUCTION
“WILDERNESS WITHOUT WILDLIFE IS JUST SCENERY ” – LOIS CRISLER
Wildlife crime is a growing global crisis that endangers countless species and disrupts ecosystems. Among its most damaging forms is wildlife trafficking—the unlawful exchange and exploitation of protected animals through poaching, smuggling, and illegal trade. These activities not only threaten biodiversity but also fuel organized crime and undermine conservation efforts.
Despite being a part of the CITES (Convention on International Trade in Endangered Species of wild fauna and flora), India is currently one among the top 20 countries for wildlife trafficking, and among the top 10 for wildlife trafficking by air. Due to its megadiverse nature (India has 8% of the world’s wildlife), and dense human population (which makes tracing illegal goods very difficult once they have entered domestic markets), India serves as both, a source, as well as a transit country for illegal wildlife and wildlife products.
A GLIMPSE OF HISTORY
Although the idea of protecting nature was not really a modern idea, the foundational philosophy of ecological stewardship has long been embedded in the traditions, laws, and cultural practices of ancient and medieval societies worldwide. For example, in ancient India, there was a concept called Abhayaranya which was like a national park where animals and nature could live safely without being disturbed by people.Many traditional communities had a close connection with nature. They protected forests and animals even if it meant giving up their own things. They saw nature as sacred and tried to keep it as it was.
In China, over 4,000 years ago, there were laws to stop people from harming rivers, forests, and mountains.These laws were part of the Tang Code and later the Qing Code. Although it’s not clear if these laws were always followed, they showed that people in ancient times cared about protecting the environment.Religious beliefs also helped in protecting animals. In Islam, there is a belief that you shouldn’t cause unnecessary harm to animals. In Buddhism, there is a strong belief in being kind to all living things, which helps in protecting animals that are in danger.
Some of the earliest laws for protecting nature and animals can be traced back to ancient times.
For example, in Babylon, there were laws from 1900 BC to protect forests. In Egypt, in 1370 BC, there were laws to set up places where nature could be protected. In England, in the 11th century, the king made it a crime to kill certain animals, although this was more to stop people from hunting them than to protect the animals themselves.
WILDLIFE PROTECTION LAWS IN INDIA
The first law for protecting wildlife was passed in 1887 by the British Government in India, called the Wild Birds Protection Act, 1887. It stopped the selling and keeping of birds that were caught when they were breeding.In 1912, another law called the Wild Birds and Animals Protection Act was passed. This was updated in 1935 by the Wild Birds and Animals Protection (Amendment) Act 1935.
During British rule, wildlife protection wasn’t a priority. It wasn’t until 1960 that the need to protect wildlife and prevent certain animals from dying out started getting more attention.
The principal legislation for protection of wildlife in is the Wildlife Protection Act of 2006 (amended from the original Act of 1972 and hereinafter referred to as the Wildlife Protection Act) supplemented by United Nations’ Convention of International Trade in Endangered Species of Wild Fauna and Flora , Indian Penal Code, (1860), Code of Criminal Procedure (Cr.P.C), (1973), Customs Act,( 1962), Indian Forest Act,(1927), Forest Conservation Act, (1981), Prevention of Cruelty to Animals Act, (1960), Indian Forest Act (1927), Forest Conservation Act, (1980) and Biological Diversity Act, (2002).
The first animal rights legislation was passed by the British during its rule over India in 1860. While banning certain forms of cruelty, the Act did not fund any shelters for victims of abuse. The first animal rights legislation passed in post-independence India was in 1960, and was called the Prevention of Cruelty to Animals Act (PCA). This was later followed by the more comprehensive Wildlife Protection Act, 1972 (WPA).
THE PREVENTION OF CRUELTY TO ANIMALS ACT OF 1960
The Prevention of Cruelty to Animals Act is a powerful legal instrument designed to shield animals from unnecessary pain and suffering. It provides the foundational framework for humane treatment, and seeks to amend existing laws to better protect domestic and captive animals from cruelty. Under this Act, actions like beating, kicking, torture, mutilation, and the administration of harmful substances are recognized as criminal offenses. Key features of this act are :
1. Legal Protection: The PCA gives animals the dignity of legal protection. It lays down clear rules to prevent cruelty and holds individuals accountable for abuse or neglect. By ensuring that offenders face penalties, the law reinforces the message that animal welfare is not optional, it’s a societal duty.
2. Welfare Standards: The Act sets defined standards for the housing, nourishment, and medical care of animals kept in captivity or under human responsibility. These provisions ensure that animals live in conditions where their physical and emotional needs are respected.
3. Ban on Cruel Practices: The PCA strictly prohibits inhumane entertainment such as animal fighting, baiting, and other harmful spectacles. By criminalizing these activities, the Act strives to reduce suffering and foster a culture of empathy and respect.
4. Transportation Guidelines: Transportation is another critical area covered. This act ensures animals are moved under conditions that safeguard their comfort and safety. By regulating this process, the law helps prevent stress, injury, and trauma during travel.
5. Ethical Testing Standards: Scientific experimentation on animals is regulated with great care under this Act. It emphasizes that such testing should occur only when absolutely necessary and must always prioritize the ethical treatment of animals. The goal is to balance research needs with moral responsibility.
THE WILDLIFE PROTECTION ACT 1972
The Wildlife (Protection) Act of 1972 is “An Act to provide for the protection of wild animals, birds and plants and for matters connected therewith or ancillary or incidental thereto with a view to ensuring the ecological and environmental security of the country”[1].The Wildlife (Protection) Act, 1972 of India prohibits the trade of over 1800 species of wild animals, plants, and their derivatives[2].
The Act prohibits hunting, poaching and capturing specified wild animals without prior permission. It empowers the government to declare areas as wildlife sanctuaries, national parks, and closed areas to conserve and protect specific species and their habitats. The Act regulates the trade in wildlife and their products, prohibiting activities such as selling, buying or possessing certain wildlife species and their derivatives.
A GLOBAL PERSPECTIVE
Illegal wildlife trade (IWT) is a serious environmental offense categorized under green crimes (activities that harm ecosystems for personal or commercial gain). It involves a wide spectrum of illicit actions such as poaching, smuggling, and trading of protected species and their derivatives, whether alive or dead, terrestrial or aquatic, and even including fungi. These acts violate both national and international regulations designed to safeguard biodiversity.
IWT ranks among the most profitable global criminal industries, previously estimated to generate between $7 and $23 billion annually. Given the covert nature of this trade, current figures are difficult to verify, but experts believe the value has likely increased. More troubling is the growing evidence that overexploitation of wildlife, driven in part by IWT, may now surpass climate change as a leading cause of biodiversity loss.
Recognizing its scale and impact, international bodies such as INTERPOL and the United Nations Office on Drugs and Crime (UNODC) have formally classified IWT as a serious transnational crime. Their efforts underscore the urgent need for stronger enforcement, global cooperation, and innovative policy solutions to combat this escalating threat to our planet’s natural heritage.
INTERNATIONAL LEGAL FRAMEWORK
The international legal framework for wildlife protection and conservation is characterized by various conventions, agreements, and treaties aimed at addressing the global challenges associated with illegal wildlife trade, biodiversity loss, and habitat degradation.
CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES)
It is an international agreement between governments. Its aim is to ensure that international trade in specimens of wild animals and plants does not threaten their survival.
In the mid-20th century, governments were beginning to recognize that trade in some wild animals and plants had a devastating impact on those species. These species were being driven toward extinction through unsustainable use for food, fuel, medicine, and other purposes.And while individual governments could control what happened within their borders, they did not have a way to address the impacts of international trade in these species. In 1973, 21 countries addressed this issue by signing the CITES agreement.
CITES remains one of the cornerstones of international conservation. There are 184 member Parties and trade is regulated in more than 38,000 species. It categorises species into three categories :
Appendix I: Includes the world’s most endangered plants and animals, such as tigers and gorillas.
Appendix II: Contains species like corals that are not yet threatened with extinction, but which could become threatened if unlimited trade were allowed.
Appendix III: Species whose trade is only controlled within a specific country can be placed on Appendix III if that country needs help from other countries to stop the exploitation of these species.
The creation of laws to protect wildlife and the environment started a long time ago. There were laws in Babylon around 1900 BC for protecting forests, and in Egypt around 1370 BC for setting up nature reserves. In England, in the 11th century, William the Conqueror made it a crime to kill royal deer, but this was mainly to protect his hunting rights, not for the deer’s sake. All international laws concerning wildlife can be put into two main categories. One group is about protecting habitats and wildlife in general, such as the preservation of wildlife and natural environments. The other group includes treaties that focus directly on protecting specific wild species, such as the Convention on the Conservation of Migratory Species of Wild Animals.
Convention on the Conservation of Migratory Species of Wild Animals, 1979: CMS also referred to as the Bonn Convention, is an environmental treaty under the aegis of the United Nations Environment Programme. It was signed in Bonn, Germany, on 23 June 1979.It provides a global platform for the conservation and sustainable use of migratory animals and their habitats. India has been a party to the CMS since 1983.
Convention on Biological Diversity, 1992: At the 1992 Earth Summit in Rio de Janeiro, world leaders agreed on a comprehensive strategy for “sustainable development” — meeting our needs while ensuring that we leave a healthy and viable world for future generations. One of the key agreements adopted at Rio was the Convention on Biological Diversity. This pact among the vast majority of the world’s governments sets out commitments for maintaining the world’s ecological underpinnings as we go about the business of economic development. The Convention establishes three main goals: the conservation of biological diversity, the sustainable use of its components, and the fair and equitable sharing of the benefits from the use of genetic resources.
The Convention on Wetlands of International Importance, 1971: The Ramsar Convention’s broad aims are to halt the worldwide loss of wetlands and to conserve, through wise use and management, those that remain. This requires international cooperation, policy making, capacity building and technology transfer.
CHALLENGES IN ENFORCEMENT
India has a robust legal framework aimed at protecting its incredible biodiversity. Yet, despite these safeguards, a range of persistent challenges continue to hinder effective enforcement. These issues stem from a complex blend of administrative limitations, socio-economic dynamics, and environmental shifts that together complicate conservation efforts.
Resource Constraints: One of the most pressing challenges is the lack of adequate funding and infrastructure. Conservation and law enforcement bodies often operate on tight budgets, limiting their ability to conduct regular patrols, maintain equipment, and provide adequate support and training for personnel. This severely weakens on-ground enforcement.
Habitat Loss & Fragmentation: Rapid urbanization, agricultural expansion, and infrastructure development are fragmenting vital habitats. Natural ecosystems are being converted into farms, cities, and roadways, disrupting wildlife corridors and shrinking living spaces. This not only endangers species but also fuels human-wildlife conflict and reduces genetic diversity.
Climate Change: Rising temperatures, shifting rainfall patterns, and extreme weather events are altering habitats, food availability, and migration patterns. These environmental shifts challenge existing conservation strategies, and call for adaptive legal and policy updates to stay relevant and effective.
Socio-Economic Pressures: For many rural and forest-dependent communities, natural resources provide essential livelihoods such as farming, grazing, and gathering forest products. This dependence can inadvertently lead to overuse of habitats, illegal hunting, and tension between conservation goals and survival needs. Addressing poverty and offering sustainable livelihood alternatives is key.
Low Community Engagement: Wildlife conservation can’t succeed without local communities. Yet, in many cases, their involvement in planning and execution is minimal or symbolic. This disconnect often leads to mistrust, lack of cooperation, and poor compliance. Empowering local voices, especially those of indigenous and forest-dwelling communities, and integrating their traditional knowledge can build stronger, more sustainable conservation outcomes.
POLICY RECOMMENDATIONS
Protecting India’s rich and diverse wildlife heritage requires more than just well-intentioned policies, it demands a holistic, collaborative approach that addresses the real-world challenges of implementation. Some key recommendations to elevate the nation’s conservation efforts are :
Legal Reforms & Streamlined Justice: Revise and strengthen existing wildlife laws by imposing stricter penalties for offenses to discourage illegal activities.Simplify legal procedures and reduce court delays to ensure swift and effective prosecution of wildlife crimes.
Community Engagement & Sustainable Livelihoods: Empower local communities to play an active role in conservation initiatives, fostering a sense of ownership and responsibility.Provide alternative livelihood options for people dependent on forest resources to ease pressure on natural habitats.
Harnessing Technology: Integrate advanced tools such as Geographic Information Systems (GIS), remote sensing, and drone surveillance to monitor wildlife and detect illegal actions. Develop wildlife forensic capabilities, including DNA analysis, to enhance crime detection and prosecution.Establish specialized forensic labs and train personnel in forensic techniques to support ongoing investigations.
Global Collaboration: Strengthen partnerships with international organizations and neighboring countries to combat transboundary wildlife trafficking.Engage proactively with global conventions such as CITES (1973) and the Convention on Biological Diversity (CBD) to align with international standards and best practices.
Public Awareness & Education: Launch comprehensive awareness campaigns to highlight the importance of wildlife conservation and inform citizens about the legal consequences of wildlife crimes. Promote a conservation-oriented mindset through educational programs, media outreach, and local initiatives.
CONCLUSION
India’s rich biodiversity, from regal tigers to the shimmering wings of rare migratory birds plays a vital role in maintaining ecological balance and forms an integral part of the nation’s cultural and natural heritage. Over time, the country has taken significant strides in shaping robust wildlife conservation laws, spurred by the growing recognition of threats such as habitat destruction, climate change, and illegal wildlife trade. However, putting these protections into practice remains challenging. Limited financial resources, gaps in training, bureaucratic inefficiencies, and conflicting economic demands often undercut conservation efforts, while fragmented habitats and systemic delays add further complexity. Despite notable achievements, India’s conservation journey must overcome these entrenched obstacles to truly succeed. By integrating strong legal enforcement with community empowerment and harnessing modern technologies like AI-powered surveillance, drone mapping, and digital tracking tools, India has the potential to build a sustainable future where wildlife is not only preserved but allowed to thrive in harmony with human development.
REFERENCES
1. Mapping the History of Illegal Wildlife Trade and Construction By Mr. Mohammad Uma
2. CITES. Convention on International Trade in Endangered Species of Wild Fauna and Flora; c1973. Available from: https://www.cites.org/eng/disc/text.php
3. The Wildlife (Protection) Act; c1972. Available from: https://www.indiacode.nic.in/handle/123456789/15198 ?locale=en
4. The Biological Diversity Act; c2002. Available from: https://www.indiacode.nic.in/bitstream/123456789/204 6/4/a2003-18.pdf
5. The Indian Forest Act; c1927. Available from: http://nbaindia.org/uploaded/Biodiversityindia/Legal/3. %20Indian%20forest%20act.pdf
6. Krishnan, A. (2022, June 8). Explainer: Why is India a major hub for wildlife trafficking? Mongabay-India. https://india.mongabay.com/2022/06/explainer-why-is-india-a-major-hub-for-wildlife-trafficking
7.Sinha, S. Handbook on Wildlife Law Enforcement in India. Dehradun: Natraj Publishers, 2011.
[1] The Wildlife (Protection) Act, 1972
[2] MoEFCC GoI (1972) The wild life (protection) act. FaCC Ministry of Environment