Dalveer Bhandari ( 1 ) THIS petition has been filed in public interest bythe World Wild Fund for Nature India, with the prayer to take all proper andnecessary steps to protect the wild animals, tigers in particular, from being poachedor illegally hunted. It has been further prayed to take steps to stop the illegal tradein animal articles. In the petition, it is also suggested that a Committee beappointedwhich can look into all the aspects of illegal hunting, protection, growth and habitatof wild animals and suggest measures to protect the existing wild life of India andalso suggest measures for its proper and healthy growth. ( 2 ) THE Indian Parliament passed the Wildlife (Protection) Act, 1972, on 7/09/1972. This legislation was enacted to provide protection to wildanimals, birds and plants and for matters connected therewith or ancillary orincidental thereto. The main object of enacting this legislation was to stop rapiddecline of India s wild animals and birds. ( 3 ) INDIA is one of the richest countries in the world from the point of view ofhaving a large variety of wild animals and birds. Some birds and animals havealready extinguished in this country and others are on the verge of being extinct. Areas which were once teeming with wild life have become devoid of it, and evenin sanctuaries and National Parks, the protection afforded to Wildlife needs to betremendously improved. Even in sanctuaries and national parks, the populationof some variety of animals is decreasing, and large number of cases of poaching ofanimals are reported frequently in accredited national and international newspapers and magazines. ( 4 ) PRIOR to Wildlife (Protection) Act, 1972, there was a legislation passed in1912 during the British Rule in India. The said legislation was entitled as wildbirds and Animals (Protection) Act, 1912 . This Act was also aimed to preventkilling of wild birds and animals. It was felt that this Act became outdated and theprovisions made therein were not adequate to provide sufficient protection to wildbirds and animals. In this background, the 1972 Act was enacted by the Parliament. We deem it appropriate to have a quick survey of the parliamentary debate, whichwould indicate the mood of the nation at the time of passing of the said legislation. This legislation was uniformly welcomed from each quarter. All those whoparticipated stressed the immediate need for introduction of such a legislation. ( 5 ) PROF. We deem it appropriate to have a quick survey of the parliamentary debate, whichwould indicate the mood of the nation at the time of passing of the said legislation. This legislation was uniformly welcomed from each quarter. All those whoparticipated stressed the immediate need for introduction of such a legislation. ( 5 ) PROF. Sher Singh, the then Minister of State in the Ministry of Agriculture,while presenting the Wild Life (Protection) Bill, mentioned in the Parliament thatthis Bill seeks to safeguard one of the grandest heritages of our country. Wildlifealso forms an integral part of our cultural inheritance. It is mentioned in the earliestscriptures and manifests itself in the art forms of India throughout the centuries,from the Indus Valley Civilization to Barhut and Sanchi, Mahabalipuram andamravati, Mughal and Rajput paintings. Emperor Ashoka s edicts speak ofsanctuary given to animate creatures. ( 6 ) FROM the heights of the Himalayas and the Swamps of the Sunderbans tothe deserts of Kutch and the highlands of Kerala, variations in climate and intopography have nurtured a multitude of animal forms, many of which are foundnowhere else in the world. ( 7 ) THE rapid decimation of our once teeming wild-life has been a matter ofgrave concern to the world at large and to India in particular. ( 8 ) AS early as in 1952, the National Forest Policy of India emphasised the needfor affording protection to the wild-life and particularly to the rarer species. Itrecommended the setting up of sanctuaries and national parks and the enactmentof special laws. The Indian Board for Wild Life constituted by the Government ofindia in the same year, has also opined that adequate legislation should be enactedby the Central Government and the States, and that there should be a uniform setof rules and regulations in contiguous States for the effective protection of wild-life. ( 9 ) DURING the formative and tumultuous years which followed our independence,state Governments have naturally been pre-occupied with the problems of providing the basic needs for the masses. Large number of crop protection weapons weregiven in the interest of agriculture, and wild-life could not be given the priority thatit deserved. A stage, however, has now reached when, if the States and the Centralgovernments, in close harmony, do not take up the case of wild-life preservation,many a species of birds and animals would go the same way of extinction as havethe Cheetah and the Pink-headed Duck. A stage, however, has now reached when, if the States and the Centralgovernments, in close harmony, do not take up the case of wild-life preservation,many a species of birds and animals would go the same way of extinction as havethe Cheetah and the Pink-headed Duck. He further mentioned that if this countryis not-to be denuded of its wild-life and if the future generations are to enjoy theaesthetic pleasures of seeing some of nature s noblest creatures in their wildenvironment, action needs to be taken here and now. ( 10 ) IT has been further mentioned that apart from wild-life s aesthetic value,the economic and scientific aspects of wild life cannot be lost sight of. Its potentialas a tourist attraction have not yet been exploited to the full, and as an object ofcommerce it has a considerable role to play in the economy of the country. Butlikeall resources, wild life has to be scientifically managed if it is to yield sustained andprogressive returns. In India, however, a very large number of species of animalshave reached a stage of depletion. ( 11 ) PARTICIPATING in the debate on the Wildlife legislation, Shri Shiv Nathsingh, Member of Parliament mentioned, that in our country only 3 to 4 per centarea of the forest land and 0. 6 area of the total land is reserved for wildlife, where saccording to the opinion of the experts, 3 to 4 per cent of the total area has to bereserved for wild-life sanctuaries and National Parks. ( 12 ) DR. R. K. Poddar, Member of Parliament from West Bengal also mentionedthat the ambit of the bill should be enlarged because the Bill only restricts thespecies which are already endangered. If we are careless, there are many specieswhich are not yet endangered and are going to be in danger in future. ( 13 ) DR, Karan Singh, the then Minister of Tourism and Civil Aviation,submitted in the Parliament that "man is only one of the many millions of speciesthat inhabit this planet". But as a result of his ruthless domination of the naturalresources of the earth, a situation today has arisen in which many hundreds ofspecies have been extinguished and many hundred more are on the verge ofextinction. But as a result of his ruthless domination of the naturalresources of the earth, a situation today has arisen in which many hundreds ofspecies have been extinguished and many hundred more are on the verge ofextinction. With the tremendous increase in the power given to men by science andtechnology his intervention in the natural processes that have been continuing onthis planet for millions and millions of years is beginning to become more and moredecisive, and as a result of this the ecological balance of nature is beginning to beupset and upset in many ways which are irreversible. ( 14 ) WHILE referring to the Stockholm Conference on the Human Environment,the final declaration contained the following passage:- "man has a special responsibility to safeguard and wisely manage theheritage of wild life and its habitat which are now imperiled by a combinationof adverse factors. Nature conservation including wild life must, therefore,receive importance in planning for economic development. " ( 15 ) HE further mentioned that the ecological compulsion concerning wildlifeis not simply a luxury or a fad of the more developed nations; it is something towhich every responsible Government, particularly a nation like ours which is nowon the threshold of a new leap towards economic development, must give dueweight. The Minister had further mentioned that in 25 or 30 years in places likekashmir, for example, the whole climate has changed because forests after forestshave been destroyed and the entire beauty and the natural vigour of the place hasdisappeared. He mentioned that there are less than 2000 tigers in the wholecountry, whereas at the turn of the century it is estimated that there were about40,000 to 50,000 tigers. So the tiger has reached a point of ecological minimum. Hefurther mentioned that if the number of animals falls below the ecological mini-mum, there is no longer a natural regeneration, and the animal becomes extinct. While concluding, he mentioned that even now we can protect some of the animalslikely to become extinct by having good advisory boards. Otherwise, our childrenwill see animals in the museum, unless firm actions are taken to save the wild-life. ( 16 ) ANOTHER Member of Parliament Mr. M. C. Daga from Rajasthan mentionedthat in Sawai Madhopur, Rajasthan wild bore was killed by the Conservator and atiger by the District Forest Officer. Mr. Otherwise, our childrenwill see animals in the museum, unless firm actions are taken to save the wild-life. ( 16 ) ANOTHER Member of Parliament Mr. M. C. Daga from Rajasthan mentionedthat in Sawai Madhopur, Rajasthan wild bore was killed by the Conservator and atiger by the District Forest Officer. Mr. Daga quoted Father of the Nation Mahatmagandhi, who said, "it is wrong assumption to say that human beings are lords andmasters of the lower creation. On the contrary, being endowed with greater thingsin life, they are the trustees of the lower kingdom". ( 17 ) PROF. Sher Singh submitted that the rapid decimation of our once teemingwild-life has been a matter of grave concern to the world at large and to India inparticular. Grand animals like the tiger and the Kashmir stag are treasures; thesenatural assets once destroyed can never be recreated. ( 18 ) THE then Minister Shri Z. R. Ansari mentioned that now what is happeningis that the declared stock never exhausts and this has been used as a cover forindulging in clandestine trading. He further mentioned that amendment is only tocurb those activities and also to take care of wild animals like elephants. Actually,the population of elephants is not decreasing, it is rather increasing, but thepopulation of tuskers is coming down which shows that the tuskers are being killedto take out ivory from them. He further mentioned that importance of the cooperation of local people in conservation of wild-life is very important. Therefore,a provision has been made in the bill for appointment of representatives of tribalcommunities on the State Wild Life Boards. ( 19 ) WHILE participating in the debate, Shri Gopalsinh G. Solanki of Gujarat hadmentioned that the Washington Research Institute has observed that the rate ofdeforestation is about 15000 sq. km. annually in our country. According to manynational and international reports, illicit trade in poaching is rampant in ourcountry. In February last, the Wildlife department seized the skins of 29 leopards,2 tigers, 30 jungle cats and one leopard cat along with several kilograms of tigerbones during the raids in Sadar Bazar in Delhi. In 1988, 44819 animal skins,including 10 leopards were seized. In 1989, the number was 479 and in first fourmonths of 1990, the number rose to 6603. In February last, the Wildlife department seized the skins of 29 leopards,2 tigers, 30 jungle cats and one leopard cat along with several kilograms of tigerbones during the raids in Sadar Bazar in Delhi. In 1988, 44819 animal skins,including 10 leopards were seized. In 1989, the number was 479 and in first fourmonths of 1990, the number rose to 6603. ( 20 ) THE Parliamentary debate clearly demonstrates that representatives fromall over the country have profusely welcomed the enactment of Wildlife (Protection) Act, 1972 in one voice, but this is one of the legislations which miserably failedas far asits proper implementation is concerned. Despite the existence of penalprovisions for violating Wildlife Act, poaching goes on at a very large scale. ( 21 ) IT is averred in the petition that a major factor responsible for the declineof wildlife and plants all over the world is its trade and commerce. Internationaltrade in wildlife products is indeed very large and lucrative business. It has beenreported in a large number of reputed and accredited international newspapersand magazines. that this trade in its dimension is only next to illegal trade of illicitdrugs. The financial benefits which accrue from poaching and trade in Wildlifearticles are so enormous that despite the penal provisions to curb the trade, thesame is still flourishing. ( 22 ) IT is further mentioned in the petition that in the late 1960s and the early1970s, the size of the trade grew to unprecedented proportions. This aroused suchconcern that an international treaty was drawn up in 1973 to protect Wildlife andplants against such over-exploitation and to prevent international trade fromthreatening species with extinction. The Convention on International Trade inendangered Species (hereinafter called as CITES) of Wild Fauna and Flora was setup on July l, 1975. lt has been considered that international co-operation is essentialfor protection of certain species of Fauna and Flora against over exploitationthrough international trade. ( 23 ) CITES covers both wild animals and plants and the member countries actby banning commercial trade in an agreed list of currently endangered species andbyregulating and monitoring trade in others that might become endangered. Indiahas been in the forefront of CITES almost since the beginning. The Government ofindia deposited the instrument of ratification on 20/07/1976 and became partyto the Convention from 18/10/1976. Indiahas been in the forefront of CITES almost since the beginning. The Government ofindia deposited the instrument of ratification on 20/07/1976 and became partyto the Convention from 18/10/1976. ( 24 ) FIRST time in the history of our country, there has been a total and completeprohibition on hunting of wild animals except in very exceptional circumstances. Section 9 of the Act provides that "no person shall hunt any wild animalspecified in Schedules I, II, III and IV except as provided under Section Handsection 12. Section II of the said Act permits hunting of wild animals incertain cases, namely: (A) when a wild animal specified in Schedule I has become dangerous tohuman life or is so disabled or diseased, as to be beyond recovery, and (b) when a wild animal specified in Schedules II, III and IV has becomedangerous to human life or to property (including crops) or is diseasedor disabled. Such a wildlife animal can be hunted only after an orderis passed in writing and staling the reasons by the Chief Wildlifewarden. Section 12 of the said Act allows hunting after an order inwriting for the purpose of education, scientific reasons/management,etc. In other words, wild animals specified in the schedule of the saidact cannot be hunted or killed without the written permission of thechief Wild life Warden. ( 25 ) THE Parliament in 1986 made the provisions even more stringent andamended the Principal Act and inserted Chapter V-A by Act No. 28 of 1986 whichcame into force with effect from 20/11/1985. The said Chapter V-A wasinserted to provide for complete prohibition of trade or commerce in trophies,animals articles, etc. derived from certain animals. Section 49-B, which is containedin Chapter V-A inserted in 1986 put an absolute prohibition on commencing orcarrying on the business in trophies, animal articles etc. derived from scheduledanimals. Thereby a complete ban was imposed in carrying on any trade activity inrespect of any animal article. ( 26 ) IT is rather unfortunate that despite very stringent legislative measures, toput an absolute embargo on hunting and trading of animal articles, the trade hasnot stopped. Large number of animal skins, bones, claws, nails, etc. are seizedevery now and then. ( 27 ) THE Government of India in 1972, launched project Tiger for the protection and growth in population of tiger and for which special reserve areas had beenearmarked. Large number of animal skins, bones, claws, nails, etc. are seizedevery now and then. ( 27 ) THE Government of India in 1972, launched project Tiger for the protection and growth in population of tiger and for which special reserve areas had beenearmarked. Unfortunately, the tiger which is the most protected endangeredspecies of wild animals has not been spared by poachers who for the sole purposeof trade have been frequently killing tigers in substantial numbers. The trade andbusiness in tiger skins and bones are increasingly becoming lucrative. There istremendous demand of tiger skin and bones in China, Taiwan, European countriesand in the United States of America. The petitioner has mentioned that there are19 tigers reserve forests for tigers and it is covered over an estimated area of 30,000sq. kilometers, and there are about 1327 tigers in the said reserve forests. In thepetition, estimated tiger population in the tiger reserve areas has been indicatedand the same is reproduced hereinunder:-On comparing, it is seen that the population of tigers has increased considerablyfrom 1972 to 1979. Similarly, when figures of 1979 are compared with the figuresof 1984, we find there is reasonable increase in the population of tigers but when thefigures of 1984 are compared with 1989, the conclusion is irresistible that there isonly a marginal increase in their population. The recent census giving total tigerpopulation shows that tiger population has fallen from 4,330 in 1989 to 3,750 in1993. ( 29 ) IN the petition, it is mentioned that though the official statistics indicatethat the number of tigers have increased over the years but this claim is belied bythe reported seizures of large number of tiger skins, bones, etc. Even according tothe details of seizures and poaching available in the last few years, over 360 tigershave been killed. The analysis of the seizures and poaching incidents isreproduced as under:- ( 30 ) THE petitioner has highlighted the incidents of August, 1993, when thedelhi Police along with the officers of the petitioner seized from North Delhi 287kgs. of tiger bones, 8 tiger skins, 43 leopard skins, and over 100 skins of other foxes,jackals etc. The said seized tiger bones and skins alone account for killing of over30 tigers. of tiger bones, 8 tiger skins, 43 leopard skins, and over 100 skins of other foxes,jackals etc. The said seized tiger bones and skins alone account for killing of over30 tigers. ( 31 ) IT is further averred in the petition that following the launch of theprestigious project Tiger, the feline population reportedly increased a whopping310 per cent: from 272 tigers in 1972 in nine reserves to 1,118 in 15 reserves in 1985. Project Tiger was declared as one of the world s most successful conservationprogrammes. The euphoria ended in the late 80 s. Official numbers of tigerpopulations began to cross the thresholds that a given forest and prey base couldhold. In most cases, the figures were disputed, and increased poaching was Usuallynot accounted for. The Ranthombore Tiger Reserve is a case in point. The numberof tigers here rose from 14 in 1972 to 44 in 1989. The world accolades began to pourin, describing the Ranthambore effort as one of the world s notable conservationstories. The problem started in 1991, when the year s census figure stirred up ahornet s nest. Conservationists and Non-Governmental Organisations chargedranthombore Tiger Reserve officials of not giving the correct figures. The hue andcry resulted in a joint census operation the next year, carried out by the parkmanagement and the Ranthambore Foundation Trust. The results of the 1992 jointcensus came as a shock to the park management. The number of tigers in thereserve had crashed to 17. It put a question mark on all tiger census operationsconducted by State forest departments in the country. ( 32 ) THE 1993 census at Ranthombore Tiger Reserve, though an elaborateexercise carried out by the Ranthombore Foundation Trust and World wild Fundindia, Rajasthan Forest Department and worldwild experts, turned out to be lessthan satisfactory. The forest department came up with a figure of 28 tigers muchbefore the experts on the panel endorsed the count. Quite a few in the census paneldiscredited the operation. Nearly two months later, following expert analysis ofthe data, a new count of 25 emerged. The Ranthambore example has raised doubtsabout the accuracy of tiger counts. Is something wrong with the method? Is it dueto lack of trained staff? Or is there some dishonesty on the part of the forestdepartment for giving wrong figures? Nearly two months later, following expert analysis ofthe data, a new count of 25 emerged. The Ranthambore example has raised doubtsabout the accuracy of tiger counts. Is something wrong with the method? Is it dueto lack of trained staff? Or is there some dishonesty on the part of the forestdepartment for giving wrong figures? ( 33 ) THE policy and object of the wild life laws have a long history and are theresult of an increasing awareness of the compelling need to restore the seriousecological imbalance introduced by the degradations inflicted on nature by man. The State of which the ecological imbalances and the consequent environmentaldamage have reached is so alarming that unless immediate, determined andeffective steps were taken, the damage might become irreversible. ( 34 ) THE preservation of fauna and flora, some species of which are necessaryfor the survival of humanity and these laws reflect a last ditch battle for therestoration, in part at least, a grave situation emerging from a long history of callousinsensitiveness to the enormity of the risks to mankind that go with the deterioration of environment. ( 35 ) THE petitioner further mentioned that a tragedy of the predicament of thecivilised man is that "every source from which man has increased his power onearth has been used to diminish the prospects of his successors. All Ids progress isbeing made at the expense of damage to the environment which he cannot repairand cannot foresee. ( 36 ) THE petitioner has also mentioned that in his foreword to Internationalwildlife Law, H. R. H. Prince Philip, the Duke of Edinburgh said: "many people seem to think that the conservation of nature is simply a matterof being kind to animals and enjoying walks in the countryside. Sadly,perhaps it is a great deal more complicated than that. . . . . . . . . ( 37 ) THE petitioner has also mentioned environmentalists conception of theecological balance innature is based on the fundamental concept that nature is "aseries of complex biotic communities of which a man is an interdependent part",and that it should not be given to a part to trespass and diminish the whole. Thelargest single factor in the depletion of the wealth of animal life in nature has beenthe "civilised man" operating directly through excessive commercial hunting, ormore disastrously, indirectly through invading or destroying natural habitants. Thelargest single factor in the depletion of the wealth of animal life in nature has beenthe "civilised man" operating directly through excessive commercial hunting, ormore disastrously, indirectly through invading or destroying natural habitants. The petitioner has a serious complaint against the respondent for not taking andimplementing effective steps to check the killing of wild animals and containing theunprecedented growth in trade of wild animals articles, is failing in discharging itsobligations under Article 48-A of the Constitution which stipulates that "the Stateshall endeavour to protect and improve the environment and safeguard the forestsand wildlife of the country. ( 38 ) THE petitioner further averred that the fundamental right for the protection of wildlife and its habitat is to be read from the words "life and personalliberty" appearing in Article 21 of the Constitution. The Directive Principle ascontained in Article 48-A is not "a mere rope of sand" nor just a mere pious wish. Both the fundamental rights and directive principles are supplementary andcomplementary to each other. The fundamental rights are but a means to achievethe directive principles which constitute the aspirations whose fulfilment is to beregarded as essential to the kind of society which India should have. ( 39 ) IT is also averred that protection and sustained growth of Wildlife is a rightwhich is fundamental to every citizen and besides the duty of the citizens underarticle 51 A (2), it is also the duty of the State to protect it. If it is flouted, thepetitioners are left with no option but to approach the Court for enforcement oftheir rights, as the protection of wildlife is not merely a directive principle but is apart of every citizen s life, liberty and heritage. ( 40 ) LASTLY, the petitioner has also mentioned that it is not just tigers but a largenumber of wild animals are also being illegally hunted, to the extent that some ofthe endangered species may be completely extinct to the detriment of our heritageand the generations to come. The respondents have not seriously disputed thecontentions of the petitioner and submitted that necessary steps must be taken toprotect our wild life. ( 41 ) WE deem it appropriate to refer to an important article published in theissue of 28/03/1994 of time magazine with the title Tigers on once considereda conservation success story , they are again sliding towards extinction. The respondents have not seriously disputed thecontentions of the petitioner and submitted that necessary steps must be taken toprotect our wild life. ( 41 ) WE deem it appropriate to refer to an important article published in theissue of 28/03/1994 of time magazine with the title Tigers on once considereda conservation success story , they are again sliding towards extinction. It isindicated in that article that this time the world s nations may not be able to savethe great cats. ( 42 ) IN the article, it is also mentioned that "asia s giant cats are a vanishingbreed, disappearing faster than any other large mammal with the possible exception of the rhinoceros. No more than 5,000 to 7,500 of the majestic carnivorousremain on the planet -a population decline of roughly 95% in this century. Unlesssomething dramatic is done to reverse the trend, tigers will be seen only incaptivity, prowling in zoos or performing in circuses. The wild tigers of old will begone forever, their glory surviving merely in storybooks, on film-and in dreams. ( 43 ) IT is further mentioned that India, with an estimated 60% of the world stigers, perhaps as many as 3,750, is determined to protect them. But the country sambitious system of 21 reserves has proved increasingly susceptible to humanpredators. Over the past five years, the parks tiger populations have dropped 35%on average. In one notorious killing spree between 1989 and 1992, Ranthambhorenational Park in Rajasthan lost 18 tigers to poachers, even though 60 guards werepatrolling the forest. ( 44 ) NOW more than ever the tiger s mystique is its ticket to the boneyard. Ifasian cultures no longer revere the tiger as a god, many still believe that the animalis the source of healing power. Shamans and practitioners of traditional medicine,especially the Chinese, value almost every part of the cat. The relevant portion ofthe article is reproduced as under. "they believe that tiger-bone potions cure rheumatism and enhance longevity. Whiskers are thought to contain portent poisons or provide strength;pills made from the eyes purportedly clam convulsions. Affluent Taiwanesewith flagging libidos pay as much as $us320 for a bowl of tiger penis soup,thinking the soup will make them like tigers, which can copulate several timesin an hour when females are in heat. :tiger skins are sold at exorbitant price in the international market. Affluent Taiwanesewith flagging libidos pay as much as $us320 for a bowl of tiger penis soup,thinking the soup will make them like tigers, which can copulate several timesin an hour when females are in heat. :tiger skins are sold at exorbitant price in the international market. A beautifultiger skin may bring its seller as much as $15,000, but the bones and other body partsgenerate even more money, and they are much easier to smuggle and peddle. Asincomes rise in Asia, people can afford to pay tens or hundreds of dollars for a doseof tiger-based medicine. And as the destruction of tigers decreases supply, theprice of their parts rises further, creating ever greater incentives for poachers to killthe remaining animals. " ( 45 ) THE forces driving the black market are too strong that nothing - not evenpublic opinion, nor political pressure, nor the power of police - has halted thetiger s slide towards extinction. Can international trade sanction against Asiannations succeed where all have failed? There is no guarantee. The tiger s plightreveals the limits of conservation efforts and raises disturbing questions abouthumanity s ability to share the planet with other animals. Says Elinor Constable,an Assistant Secretary of State who leads U. S. diplomatic efforts to help the tiger: "if the concerted efforts of the world cannot save the tiger, what will that say aboutour ability to deal with more complex environmental problems?" ( 46 ) IN this article, the author incorporated that only a few years ago, the tigerwas considered a conservation success story. Centuries of legal tiger hunting andforest destruction had raised the specter of extinction, but in 1972 Governmentsrallied to rescue the cats. Taking up the issue as a personal cause, Indian Primeminister Indira Gandhi launched Project Tiger, which established the country snetwork of reserves. Western nations joined with several Asian countries to banhunting and the trade in skins. By 1980 populations on the subcontinent hadrecovered to the point where B. R. Koppikar, then director of Project Tiger, couldboast to the New York Times, "you can say that there is now no danger of extinctionof the tiger in India. " ( 47 ) IN the article, it is further mentioned that "for all the tiger s power, it canbe an easy animal to kill. " ( 47 ) IN the article, it is further mentioned that "for all the tiger s power, it canbe an easy animal to kill. Many cats in the Ranthambhore park have died frompoison that villagers sprinkled on animals that the tigers had killed and temporarily left on the ground. Other cats have fallen victim to the hunters of the Mogiyatribes, who pack high-powered rifles and shotguns. Middlemen pay them $100 to$300 per animal (a huge amount in an area where an average wage is day ). ( 48 ) IT is also mentioned in the article that "indian conservationists havewatched with dismay as this new round of poaching unravel the work of decades. Sanjoy Debroy, a career wildlife officer, says that when he revisits a tiger reservein Assam that he directed for a dozen years, the demoralized staff members can ttalk to him without weeping. Their tigers are hunted by members of the Boro tribe,who are staging a rebellion against the Government. They trade tiger parts forguns and ammunition to carry on their unsurgency. The park had an estimated 90tigers, but Debroy has heard that between 30 and 40 were killed injust four months. "i thought I had done something to restore the tigers," says Debroy, "but now I feelmiserable as I watch my life s work go down the drain. " ( 49 ) ON page 38 of the article, the author has given four photographs, thedescription of each photograph is as follows:- 1. ASIANS turn tiger penises into soup in hopes of boosting flagging libidos. 2. A grotesque procession of skull and bones ends in Taiwanese pharmacies. 3. Skins and heads often make their way from India to the Middle East. 4. The cat s essence shows up in stores as wines, powders and balms. ( 50 ) IN this article, the author has quoted the statement of Mr. Kamal Nath,environment Minister and the same is reproduced: "the threat to the tiger hasnever been so strong or so real. " ( 51 ) ON 15/08/1992, an article was published with the title "tragedy ofthe Tiger" in the leading Indian magazine india Today This article gives detailsof large scale poaching of tigers. "the skins and bones are sent out by railwayparcel to Delhi, Jammu and Fatehpur marked as old clothes, plastic shoes and toys. These weigh between 35 and 80 kg and are valued at Rs. 1,000 upwards. "the skins and bones are sent out by railwayparcel to Delhi, Jammu and Fatehpur marked as old clothes, plastic shoes and toys. These weigh between 35 and 80 kg and are valued at Rs. 1,000 upwards. Thesender s and receivers names are always the same. " said Bhati. The skins andbones of the tiger and leopard are said to find their way to Nepal and then on tochina, Taiwan and Hong Kong. There is a demand in Southeast Asia for the bonesof the tiger which go into the making of some aphrodisiac preparations and inmedicines , balms and other naturopathic concoctions. It is estimated that theprice of a tiger at its final destination is around Rs. 7-10 lakh. ( 52 ) AN article has been published in the latest issue of India Today ( 31/03/1994), entitled "tigers Survival at Stake" It is mentioned in that article that thereis a time, perhaps not too distant, when the children of this world will understandand enjoy the regal beauty of the tiger only through book and films. For the tiger sextinction is imminent simply because there is no indicator to show otherwise. Itis further mentioned that it is also vital to streamline the tiger conservationmovement in India, for the recentcensus shows the tiger population has fallen from4,330 in 1989 to 3,750 in 1993. In this article, some figures have been given wheremichael Day of the U. K/s Tiger Trust, indicated that one Taiwanese businessman,visited Harbin in north-east China in September last year and was able to arrangean order for 12,000 bottles of wine made from tiger s blood. It is further indicatedin that article that about 800 kg. of tiger bones were exported from China to Southkorea in the same month. Equally horrifying stories come from Samuel Labuddeof the Earth Island Institute, whose investigation investigations revealed that tigerbones were stocked in possibly two-thirds of Taiwan s 14,000 pharmacies. ( 53 ) THE total extent of the threat is overwhelming; quite simply, there are 7,000tigers worldwide and perhaps one billion potential customers for their parts. China alone has an average demand of 300 to 500 tigers a year. ( 54 ) IN this article, it is mentioned that Ashok Kumar of TRAFFIC, India, saysthat a huge haul was made in Itarsi comprising 40 kg of leopard bones, 35 kg of tigerbones, four leopard skins, 70 jackal, wolf and fox skins. China alone has an average demand of 300 to 500 tigers a year. ( 54 ) IN this article, it is mentioned that Ashok Kumar of TRAFFIC, India, saysthat a huge haul was made in Itarsi comprising 40 kg of leopard bones, 35 kg of tigerbones, four leopard skins, 70 jackal, wolf and fox skins. The article also containsa few coloured photographs which shows large number of piled-up tiger skins andbones. The problem of conservation of tiger is indeed alarming and the highestpriority ought to be given to conserve tigers. ( 55 ) IN the said article, it is contained that the Global Tiger Forum (GTF) -comprising India, Nepal, Bangladesh, Myanmar, Thailand, Russia, Cambodia,bhutan, Malaysia, Indonesia and Vietnam-is a unique effort. Not merely becauseit represents the tiger s last chance, but also because the forum is built on the beliefthat if in this fragmented world, conservationists and Governments can gathertogether to speak in one voice for a single species, it may just work. Whether it iseventually questionable is dependent on the wheels of every attending Government, each of which must ratify the forum s objectives. ( 56 ) THE aims and objectives of the forum are laudable. It is attempting tocreate awareness, to assemble resources, exchange information and start country-specific tiger projects which will be bolstered by their collective will. Though theglobal Tiger Forum s mission statement urges the international community to"abandon the use of tiger products and eliminate illegal trade", actually tacklingthe problem in China, Taiwan and Vietnam, is quite a task. A significant development is that the State Council of China did outlaw trade in tiger bones on 29/05/1993, and recently publicly burnt nearly 1,100 kg of tiger bones. ( 57 ) WE have heard learned Counsel for the parties. Mr. Lokur, learnedcounsel for the respondent also expressed the same concern for the protection ofwild-life and submitted that in the interest of healthy environment and to maintainproper balance in ecology, wild-life must be protected. ( 58 ) THIS is not an adversary litigation but a collaborative one. It is the duty andobligation of all of us to find reasonable solution to this enormous problem facedby the mankind. The history of this country would reveal that a large number ofanimals and birds have totally become extinct and some birds and animals are atthe verge of becoming extinct. It is the duty andobligation of all of us to find reasonable solution to this enormous problem facedby the mankind. The history of this country would reveal that a large number ofanimals and birds have totally become extinct and some birds and animals are atthe verge of becoming extinct. Frequentincidents of poaching of tigers and otheranimals and recovery of large number of skins and enormous amount of bones andother organs of the animals go to show that large number of wild animals arehunted and killed leading to rapid depletion of the wild-life. The trade of animalskin, particularly, of tiger skins and bones is becoming extremely lucrative becauseof international demand. Unless effective steps are taken to curb this trade, itwould be disastrous for wild-life. ( 59 ) UNDER Article 48 of the Constitution, it is an obligation of the State toprotect and improve the environment and to safeguard the forest and wildlife ofthe country. ( 60 ) THE Supreme Court in the case of State of Bihar v. Muradali Khan, 1988 (4) Supreme Court Cases, 655, observed in para 10: "environmentalists conception of the ecological balance in nature is based onthe fundamental concept that nature is "a serious of complex biotic communities of which a man is an interdependent part", and that it should not begiven to a part to trespass and diminish the whole. The largest single factorin the depletion of the wealth of animal life in nature has been the "civilizedman" operating directly through excessive commercial hunting or moredisastrously, indirectly through invading or destroying natural habitts. " ( 61 ) THE Supreme Court in M. C. Mehta v. Union of India, 1987 (4) Supremecourt Cases, 463, had ruled that the Court may issue appropriate directions if itfinds that public nuisance or other wrongful acts affecting or likely to affect thepublic is being committed and the statutory authorities who are charged with theduties to prevent it, are not taking adequate steps to rectify the grievance. ( 62 ) WE have given serious consideration to this urgent problem faced by us. In our opinion, this problem can be effectively dealt only after an in-depth study ofthe problem is carried out by highly knowledgeable and experienced persons. Thesuggestions and recommendations given by those people ought to be properlyscrutinised and pragmatic solution of the problem must be clearly spelt out andthereafter, immediate steps be taken to solve the problem. In our opinion, this problem can be effectively dealt only after an in-depth study ofthe problem is carried out by highly knowledgeable and experienced persons. Thesuggestions and recommendations given by those people ought to be properlyscrutinised and pragmatic solution of the problem must be clearly spelt out andthereafter, immediate steps be taken to solve the problem. ( 63 ) AFTER carefully going through the entire Parliamentary Debate on wildlife, particularly, during the period when the Wild Life Bill was introduced inparliament, and reports of the leading national and international magazines andliterature, the conclusion that wild-life has to be protected at any cost is irresistible. Hundreds of species have extinguished, and hundreds of them are virtually on theverge of being extinct. Unless effective steps are taken to protect our wild-life, thecoming generation would see some of the most magnificent animals in museums,books and films only. Therefore,. in view of preserving the wild-life, which isextremely vital for the mankind, we direct that the following steps must be takenimmediately. 1. The Central Government and the State Governments must ensure thatadequate number of guards, fully equipped with the modern weapons be deployedat all the sanctuaries and national parks, to enforce wild-life protection lawseffectively;2. Careful scrutiny be done at the time of choosing men for this job. Suitablemen for such work would be absolutely, imperative. They ought to be properlytrained for this job; 3. Strict vigilance shall have to be a must. Besides, a sufficiently largevigilance Staff, the villagers living in the neighbourhood of the sanctuaries may alsobe involved. These villagers can-keep an eye on the activities of any poachers orother undesirable element around and may act as secret informers. 4. The service conditions of the guards and other staff deployed at thesanctuaries and national parks must be improved as they leave their homes andstay within the boundaries of a sanctuary for a long period. Some of them even arecompelled to maintain two establishments because proper facilities of schooling,medical health may not be available near the sanctuaries and national parks. Unless the service conditions are made reasonably attractive, it would always bedifficult to attract good officials particularly, those who are committed to preservation of wild-life. 5. The staff deployed at the sanctuaries and national parks must be directedto maintain strict vigilance. Unless the service conditions are made reasonably attractive, it would always bedifficult to attract good officials particularly, those who are committed to preservation of wild-life. 5. The staff deployed at the sanctuaries and national parks must be directedto maintain strict vigilance. Credentials of people visiting sanctuaries and nationalparks must be checked carefully particularly of those persons who are staying therefor a number of days, weeks or months;6. No visitor be permitted to enter the sanctuary or national park with anyweapon. 7. The Central Government and the State Governments are also directed tomaintain intelligence network in and around sanctuaries and national parks inorder to get information of poachers and hunters. 8. Licences of guns, rifles and weapons be issued very sparingly and evenexisting licences must not be renewed as a matter of course. 9. The postal and customs authorities be directed to be extra careful andvigilant while checking parcels and packages carrying animal skins and animalarticles. 10. For effective implementation and expeditious disposal, special Courts beset up particularly where large number of cases pertaining to Wild Life Acts arepending or are likely to be instituted. The High Court concerned be requested todirect the concerned judicial officers to deal with cases pertaining to wild-life lawson priority basis. 11. The State/union Territories must set up a special cell within the Statepolice cadre consisting of offiers of known efficiencyand credibility to detect andinvestigate offences pertaining to wild-life Act in conjunction with wild-life authorities. The creation of the cell would go a long way in checking and investigatingoffences connected with illegal trade in animal articles. 12. Similarly, investigative cell be set up within the Directorate of Revenueintelligence and customs authorities to check smuggling of animal articles. 13. The security guards and other officials located at sanctuaries and nationalparks must be given necessary equipments for discharging their duties effectivelysuch as, proper shoes, torches, wireless, vehicles, weapons and fire-arms; ( 14 ) THE concerned Government must ensure effective patrolling of forests ofnational parks and sanctuaries to prevent theft of timber and forest produce whichin turn destroys natural habitat of the wild-life. In each State, particularly, wheresanctuaries and national parks are located, at least one Public Prosecutor must beappointed who must ensure expeditious disposal of cases pertaining to wild-life. ( 15 ) FOREST officials must be given incentive to apprehend poachers. In each State, particularly, wheresanctuaries and national parks are located, at least one Public Prosecutor must beappointed who must ensure expeditious disposal of cases pertaining to wild-life. ( 15 ) FOREST officials must be given incentive to apprehend poachers. When anyclandestine cargo is sought to be exported or imported and the same is seized bythe Customs officials, they are given 10 per cent of the value of the seizure. Thisapplies even to wild-life articles. However, when the forest officials apprehend apoacher and seize wild-life articles, they are not entitled to any reward. This issomewhat an anamalous situation and can be rectified if Forest Officers are madeentitled to an award. ( 16 ) THE Central Government and State Government must educate people,about the importance of wild-life habitat. They must use the national mediaparticularly. Radio and Television, for this purpose.