Open Access Research Article
BLACK MARKETING OF ANIMALS AND THEIR BODY PARTS
Published Paper
Article Details
BLACK MARKETING OF ANIMALS AND THEIR
BODY PARTS
AUTHORED BY- VARUN PURI
Abstract
As we
all can agree that humans, plant and animals, are all the creation of nature
and we all have the rights to live and also have the rights to reap the
benefits from nature. By reaping benefits from nature does not mean
over-exploiting the nature rather reaping the benefits from the nature within
limit and with sustainably. All the other species are dependent upon each other
for survival and even if some of the creatures are affected the other creatures
relied on that also gets effected. To prevent extinction of the animals in
India, Indian government has made some acts to protect the animals like
Wildlife protection Act, prevention of cruelty to animals acts etc. In this we
would be analysing the black marketing of animals and their body parts, how is it
done, where is it done, what are the measures to prevent these, whether the
laws implemented are effective or not and some cases related to it. The main
idea behind this is to make people about this and how does it affect the
animals and encouraging people not to buy illegal products made out of animals
by hunting those animals.
Introduction
As we can
see that we , the humans have developed and evolved into more adaptable and
more advanced species . Though at the same time we have caused more and more
damage to the environment and the ecosystem. As we are causing more pollution
and we are affecting the ecosystems and various food chains by hunting various
animals for our own pleasure, pride and status , which results in the
extinction of animals .
The
hunting of animals started from the ancient period where the humans used to
kill and hunt the animals for their survival and their subsistence. Then ,
during the times of the Kings and the British raj in india , the indian Kings
and the British used to hunt the animals for pride, trophies, sport and status
. Now during the modern period the animals are blackmarketed and also their
body parts are blackmarketed ( like horns of Rinos , tiger's furr , elephant's
trunk etc ) after hunting those animals .
Nowadays
India is one of the major hub of blackmarketing for plants, animals and their
body parts as india is rich with biodiversity and has large number of flora and
fauna . India is the 8th world's most biodiversed region with around 1,02,718
species of fauna and its has various regions where we can find various fauna .
Due to
this most of blackmarketing of animals and their body parts are happening from
india illegally, and despite various measures by the government this is still a
prevailing problem as the measures and the laws are not appropriate and strict
as they should be. This has became a general problem as according to World Wide
Fund for nature (WWF) , wildlife trafficking is the fourth largest form of
organised crime after drugs, human trafficking and counterfeiting. This form of
organised crime is worth an estimate of 15 billion dollars per annum
Legal wildlife trade
Wildlife trade is a multi-billion dollar global industry that involves
the buying and selling of wild animals and their products, such as skins,
bones, and meat. While some wildlife trade is legal and sustainable, much of it
is illegal and unsustainable, and poses a significant threat to many endangered
and vulnerable species.
Legal wildlife trade refers to the buying and selling of wild animals
and their products that is conducted in accordance with national and
international laws and regulations. It can take many forms, such as hunting,
trapping, fishing, and farming, and can involve a wide range of species, from
insects to mammals.
The legality of wildlife trade depends on the species involved, the
location where the trade is taking place, and the purpose of the trade. For
example, some species may be legally traded for their meat, hides, or other
products, while others may be protected by international treaties and laws that
prohibit their trade for commercial purposes.
It is important to note that legal wildlife trade can still have
negative impacts on animal welfare and conservation, and that the enforcement
of laws and regulations can be challenging, particularly in countries with weak
governance and law enforcement systems. As such, it is important to ensure that
legal wildlife trade is conducted in a sustainable and responsible manner, and
that it does not contribute to the decline of vulnerable or endangered species.
Legal wildlife trade are mostly done
by zoo authorities and national parks through authentic and licensed dealers
according to the wild life act . To keep a check on the activities on the zoos
in india there is an authority, which is known as the central Zoo authority set
up under section 38A of wildlife act 1972 and their functions Are mentioned in
section 38C of the wildlife act . The rules related to legal wild life trade is
mentioned in section 39 to 49 of the wildlife act 1972.
Section 39 states that all the wild
animals are the property of the government, irrespective of the fact whether
they are dead or alive.
Section 43 defines the regulation of
transfer of animals .
Section 48 defines that the animals
should be purchased from a licensee who should have a certificate of ownership.
An Example of legal wild life trade
is like when SHREE NARENDRA MODI ordered or brought cheetahs to India from
Africa for the purpose to re-populate those cheetahs.
ILLEGAL
WILDLIFE TRADE
Illegal wildlife trade refers to the buying, selling, and trading of
animals and plants that are protected by law. It involves the illegal trade of
live animals, as well as their parts and products, such as ivory, rhino horns,
and tiger bones. This trade is a significant threat to the survival of many
species of wildlife around the world, including endangered and critically
endangered species.
The illegal wildlife trade is driven by demand for products made from
animals and plants, including traditional medicines, luxury goods, and exotic
pets. The trade is a lucrative business, worth billions of dollars annually,
and is often associated with organized crime and corruption.
The impacts of the illegal wildlife trade are widespread and
devastating. It contributes to the decline of many species, disrupts
ecosystems, and has negative impacts on local communities who rely on wildlife
for their livelihoods. It also poses a significant risk to human health, as it
can facilitate the spread of zoonotic diseases.
Efforts to combat the illegal wildlife trade include strengthening laws
and law enforcement, raising public awareness, supporting sustainable
livelihoods for local communities, and reducing demand for wildlife products.
Conservation organizations, governments, and law enforcement agencies around
the world are working together to combat this destructive trade and protect
wildlife.
The causes of black marketing of animals
The black marketing of animals refers to the illegal trade of animals,
either for their meat, fur, organs, or as exotic pets. Some of the causes of
black marketing of animals include:
Poaching: Poaching is the illegal hunting or capturing of wild animals.
Poachers often target animals with valuable body parts, such as elephants for
their ivory tusks, rhinos for their horns, or tigers for their fur. Poaching is
a major cause of the black marketing of animals.
Demand for exotic pets: There is a high demand for exotic pets, such as
parrots, monkeys, and reptiles, which fuels the black market trade of these
animals. Some people are willing to pay high prices for these animals, which
encourages illegal traders to capture and sell them.
Traditional medicine: In some cultures, certain animal parts are
believed to have medicinal properties. For example, rhino horn is believed to
have healing properties in traditional Chinese medicine. The demand for these
animal parts for traditional medicine can drive the black market trade.
Weak laws and enforcement: Weak laws and enforcement can make it easier
for illegal traders to capture and sell animals. In some countries, the laws
protecting animals are weak, and enforcement is often ineffective, which
creates a loophole for black marketers to exploit.
Poverty: Poverty can drive people to engage in the illegal trade of
animals. In some cases, people may hunt or capture animals illegally as a means
of making a living, even though they may be aware that it is illegal.
Cultural beliefs: In some cultures, there is a demand for certain animal
products for use in religious or cultural ceremonies. For example, in some
African countries, there is a demand for leopard skins for use in traditional
ceremonies. This demand can fuel the black market trade of animals.
How is black marketing of animals in India is done
The black marketing of animals in India is a serious problem that
involves the illegal trade of endangered and protected species, as well as
domestic animals. This illegal trade is often carried out through a network of
middlemen, who buy animals from poachers or breeders and sell them to
customers, including pet shops, private collectors, and even circuses.
One common method of black marketing of animals in India involves
poaching of wild animals like tigers, leopards, and elephants for their skin,
bones, and other body parts, which are highly valued in traditional Chinese
medicine and as luxury items. These animals are hunted illegally and then
transported to black markets, where they are sold to dealers.
In addition to poaching, domestic animals like dogs, cats, and birds are
also subject to black marketing. This can involve illegal breeding and
smuggling of animals, as well as theft of pets from their owners. These animals
are then sold to pet shops or directly to customers, often at inflated prices.
The black marketing of animals in India is a serious threat to
biodiversity and animal welfare, and the government has taken steps to crack
down on this illegal trade. However, enforcement remains a challenge, and the
trade continues to flourish in many parts of the country.
Major places in India where illegal blackmarketing
of animals is done and how
Northeast India: This region is a hotspot for illegal trade in exotic
animals such as pangolins, tokay geckos, red pandas, bears, rhinos and
elephants. The animals are poached from the forests and smuggled across the
borders to China, Myanmar, Bangladesh and Nepal, where they are sold for their
meat, scales, skin, bones and other parts that are used for food, medicine or
ornaments123.
Tamil Nadu: This state is a hub for illegal trade in star tortoises, a
species that is native to India and Sri Lanka. The tortoises are captured from
the wild and transported to Chennai, where they are packed in boxes or bags and
shipped by air or sea to Southeast Asian countries such as Malaysia, Singapore
and Thailand. The tortoises are in high demand as pets or for their supposed
medicinal properties1 .
Uttar Pradesh: This state is a source and destination for illegal trade in
owls, a species that is protected under the Wildlife (Protection) Act, 1972.
The owls are trapped from the wild and sold in markets or online platforms for
their feathers, claws, bones and meat that are used for black magic, sorcery or
superstition. The trade peaks during the festival of Diwali, when owls are
sacrificed as an offering to Goddess Lakshmi1 .
Rajasthan: This state is a major centre for illegal trade in sand boas,
a species of snake that is endemic to India and Pakistan. The snakes are hunted
from the wild and sold in markets or online platforms for their skin, blood and
meat that are used for medicine or aphrodisiacs. The snakes are also believed
to bring luck and wealth to their owners1 .
Effect of black marketing of animals on environment
or biodiversity
Black marketing of animals, also known as wildlife trafficking, can have
a significant negative impact on the environment and biodiversity in several
ways:
Loss of species: The illegal capture and trade of wildlife can lead to
the depletion of populations, and in some cases, the extinction of species.
Disruption of ecosystems: Wildlife trafficking can disrupt natural
ecosystems by removing key species from their habitats, leading to imbalances
in food webs and other ecological relationships.
Introduction of invasive species: Black market trading of animals can
also introduce non-native and potentially invasive species into new ecosystems,
which can cause further damage.
Spread of diseases: The illegal trade in wildlife can also facilitate
the spread of diseases between animals and humans, particularly when animals
are kept in unsanitary and overcrowded conditions.
Damage to local economies: Wildlife trafficking can also damage local
economies that rely on tourism and other industries that depend on healthy
ecosystems and biodiversity.
Overall, the black market trade of animals is a serious threat to the
environment and biodiversity, and efforts must be made to combat this illegal
activity through increased regulation and enforcement, as well as public
education and awareness campaigns.
India's laws against animal trafficking
In India, there are several laws and regulations in place to prevent
black marketing of animals, which include the following:
Prevention of Cruelty to Animals Act, 1960: This act prohibits the sale,
purchase, and transportation of animals for slaughter that are unfit for human
consumption. It also lays down guidelines for the transportation of animals,
ensuring that they are not subjected to unnecessary pain and suffering.
Wildlife Protection Act, 1972: This act provides for the protection of
wild animals and plants, and prohibits the hunting, killing, and capturing of
any wild animal without a license.
The Indian Penal Code, 1860: The IPC criminalizes the theft and sale of
animals, including cattle.
The Prevention of Black-marketing and Maintenance of Supplies of
Essential Commodities Act, 1980: This act provides for the prevention of black
marketing and hoarding of essential commodities, including food and animal
feed, and imposes strict penalties for violations.
The Prevention of Food Adulteration Act, 1954: This act prohibits the
sale and distribution of adulterated or misbranded food products, including
animal feed.
The Meat Food Products Order, 1973: This order lays down guidelines for
the slaughter of animals for meat consumption, ensuring that the animals are
not subjected to unnecessary pain and suffering.
The Transport of Animals Rules, 1978: These rules lay down guidelines
for the transportation of animals, ensuring that they are transported in a
humane manner and are not subjected to unnecessary pain and suffering.
Overall, these laws and regulations aim to protect animals from
exploitation and cruelty, and to prevent their sale and purchase in black
markets.
The Performing Animals (Registration) Rules, 2001: These Rules regulate
the exhibition and training of performing animals and require them to be
registered with the Animal Welfare Board of India.
The Experiments On Animals (Control And Supervision) Rules, 1968: These
Rules lay down the guidelines and conditions for conducting experiments on
animals for scientific purposes.
Efficiency of animal trade laws in India
India has several laws and regulations in place to prevent black marketing
of animals, including the Prevention of Cruelty to Animals Act, the Wildlife
Protection Act, and the Prevention of Money Laundering Act. However, the
effectiveness of these laws in preventing black marketing of animals varies
depending on the specific circumstances and region.
In some cases, law enforcement agencies have successfully prevented
black marketing of animals and arrested individuals engaged in such activities.
However, in other cases, enforcement has been lax, and illegal animal trade
continues to thrive. Additionally, corruption and lack of resources can hinder
effective enforcement of these laws.
Overall, while the laws are in place to prevent black marketing of
animals, their enforcement can be inconsistent, and improvements are needed to
ensure that they are more effective in protecting animals from illegal trade.
Are the laws for to prevent black marketing and
illegal wildlife trade enough to prevent it?
This
is a complex question that does not have a simple answer. India has a strong
legal framework to prevent and punish blackmarketing and illegal wildlife
trade, such as the Wildlife (Protection) Act, 1972, the Prevention of Cruelty
to Animals Act, 1960, the Indian Penal Code, 1860 and the Customs Act, 1962.
India is also a party to international conventions such as CITES that regulate
trade in endangered species. However, laws alone are not enough to prevent
blackmarketing and illegal wildlife trade. There are many factors that
influence the effectiveness of laws, such as enforcement, awareness,
governance, demand, supply, corruption, poverty, etc. Therefore, it is
important to address these factors along with strengthening the laws and their
implementation to prevent blackmarketing and illegal wildlife trade in India.
People’s initiatives to stop and prevent illegal
wildlife trade and black marketing of animals in India:
Coalition
to End Wildlife Trafficking Online: This is a global initiative that brings
together e-commerce, technology and social media companies to reduce wildlife
trafficking online. The coalition works in partnership with wildlife experts
from WWF, TRAFFIC and IFAW to provide companies with data, training, policy
guidance and user education to help them spot and remove illegal wildlife
products from their platforms.
Wildlife
Crime Control Bureau (WCCB): This is a statutory body under the Ministry of
Environment, Forest and Climate Change that is responsible for combating
organized wildlife crime in India. The WCCB coordinates with various agencies
such as state forest departments, customs, police, coast guard and
international organizations to prevent and detect wildlife offences. The WCCB
also conducts awareness campaigns, capacity building workshops and intelligence
operations to curb illegal wildlife trade.
Wildlife
Trust of India (WTI): This is a non-governmental organization that works for
the conservation of wildlife and habitats in India. One of its focus areas is
to combat wildlife crime through various interventions such as rescue and
rehabilitation of poached animals, legal assistance to enforcement agencies,
anti-poaching training for frontline staff, community engagement and public
awareness.
Wildlife
SOS: This is another non-governmental organization that works for the
protection and welfare of wildlife in India. It runs various projects such as
anti-poaching units, wildlife rescue centers, conservation hotlines, education
programs and advocacy campaigns to prevent and combat illegal wildlife trade.
It also collaborates with government agencies, local communities and other
stakeholders to address the root causes of wildlife crime.
Don’t
Buy Trouble: This is a public awareness campaign launched by TRAFFIC and
WWF-India to educate consumers about the illegality and impacts of buying
wildlife products. The campaign uses posters, social media, radio spots and
other platforms to highlight some of the most traded wildlife species in India
such as pangolins, star tortoises, owls and sand boas. The campaign urges
people to avoid buying trouble for themselves and for wildlife by saying no to
illegal wildlife trade.
Indian judiciary’s remarks or initiatives to prevent
illegal wildlife trafficking and black marketing of animals
Wildlife
trafficking is a serious issue in India, as it is a major source, transit and
destination country for illegal trade of wild animals and plants, or their
parts. Some of the products that are in high demand are ivory, leather, red
sandalwood, rhinoceros horn, tiger parts, and exotic birds.
Wildlife
trafficking is driven by various factors such as traditional medicine, meat
consumption, and pet ownership1.
The
Supreme Court of India and the Indian judiciary have taken several initiatives
to prevent illegal wildlife trafficking and blackmarketing of animals. Some of
them are:
The
Supreme Court has banned the online sale of wildlife products on e-commerce
platforms such as Amazon, Flipkart, Snapdeal, etc. in 20192.
The
Supreme Court has also directed the central and state governments to take steps
to curb poaching and smuggling of endangered species such as tigers, elephants,
rhinos, etc. in 20142.
The
Supreme Court has upheld the constitutional validity of the Wildlife
(Protection) Act, 1972, which is the main legislation for protecting wildlife
in India. The Act provides for various offences and penalties for wildlife
trafficking and poaching.
The
judiciary has also delivered several landmark judgments against wildlife
traffickers and poachers, such as the case of Wild Life vs. Ashok Kumar &
Ors, where the accused was sentenced for trading in leopard skin.
Apart
from the judiciary, several other governmental and non-governmental
organisations are also working to combat wildlife trafficking in India. For
example, the Wildlife Crime Control Bureau (WCCB) is a statutory body under the
Ministry of Environment, Forest and Climate Change (MoEFCC) that coordinates
with various agencies to prevent and detect wildlife crimes. The WCS-India’s
Counter Wildlife Trafficking (CWT) Program is another initiative that provides
information, skills, technology, and expert support to tackle wildlife crime in
India.
There are some case laws related to illegal wildlife
trade and black marketing of animals in India and other countries. Some of them
are:
R.
Simon v. Union of India: This case involved the smuggling of
exotic birds from foreign countries into India. The Supreme Court held that
such trade violated the Wildlife (Protection) Act, 1972 and the Foreign Trade
(Development and Regulation) Act, 1992 and directed the authorities to take
strict action against the offenders.
Balram
Kumawat Vs.Union of India & Ors: This case concerned
the seizure of ivory and tiger skins from the petitioner’s premises. The
Supreme Court upheld the conviction of the petitioner under the Wildlife (Protection)
Act, 1972 and the Customs Act, 1962 and observed that wildlife crimes have a
deleterious effect on the ecological balance and biodiversity.
Pradeep
Krishen vs. Union of India: This case dealt with the issue of
sandalwood smuggling and felling of trees in protected areas. The Supreme Court
issued various directions to curb the illegal activities and protect the forest
resources.
United
States v. Bengis: This case involved the illegal
harvesting and export of rock lobsters from South Africa to the United States.
The defendants were convicted of violating the Lacey Act, which prohibits trade
in wildlife that has been illegally taken, possessed, transported or sold.
United
States v. Khaophone Phetsomphou: This case involved the
illegal importation and sale of endangered Asian arowana fish in the United
States. The defendant was convicted of violating the Endangered Species Act,
which prohibits trade in wildlife that is listed as endangered or threatened.
These
cases illustrate some of the legal challenges and consequences of engaging in
illegal wildlife trade and black marketing of animals.
CONCLUSION
Here
is a possible conclusion for your presentation:
The
illegal trade of wildlife and wildlife products is one of the world’s largest
black markets and a serious threat to biodiversity, human health, and global
security1. It is driven by consumer demand and facilitated by transnational
criminal networks that exploit the internet and transportation systems23. The
animals involved in this trade suffer from inhumane treatment, poaching, and
habitat loss24. Some of them are endangered species, such as elephants, rhinos,
and helmeted hornbills23.
To
combat this trade, we need to adopt a holistic approach that involves multiple
stakeholders, such as governments, law enforcement agencies, conservation
organizations, local communities, and consumers. We need to strengthen the
legal frameworks and enforcement mechanisms to deter and prosecute wildlife
criminals. We need to raise awareness and reduce demand for wildlife products
through education and advocacy. We need to support the conservation and welfare
of wildlife and their habitats through sustainable management and alternative
livelihoods. And we need to collaborate and share information across borders
and sectors to disrupt the supply chains and networks of the illegal wildlife
trade.
By
taking these actions, we can protect the wildlife that enriches our planet and
our lives. We can also contribute to the global goals of fighting poverty,
promoting peace, and ensuring health for all. The illegal wildlife trade is not
only an environmental issue, but also a moral and ethical one. We have a
responsibility and an opportunity to stop it before it is too late.
References:
1. india.mogabay.com
2. wwfindia.org
3. tourmyindia.com
4. blog.ipleaders.in
5. eurogroupforanimals.org
Article Information
BLACK MARKETING OF ANIMALS AND THEIR BODY PARTS
Authors: VARUN PURI
- Journal IJLRA
- ISSN 2582-6433
- Published 2023/05/15
- Volume 2
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
All research articles published in International Journal for Legal Research and Analysis are open access and available to read, download and share, subject to proper citation of the original work.
Disclaimer: The opinions expressed in this publication are those of the authors and do not necessarily reflect the views of International Journal for Legal Research and Analysis.