The Supreme Court, on November 22, 2020, upheld an Allahabad High Court order granting immunity from investigation and prosecution if one declared illegal acquisition or possession of exotic wildlife species between June and December 2020. Earlier, an amnesty scheme for voluntary disclosure had been announced by the Ministry of Environment, Forest and Climate Change (MoEFCC). The high court had said that whoever declares the stock of exotic species and submits to registration under the amnesty scheme, “shall have immunity from any inquiry into the source of licit acquisition or possession of the voluntarily declared stock of exotic species”.
The Voluntary Disclosure Scheme
The Centre brought out an advisory on a one-time voluntary disclosure scheme that allows owners of exotic live species that have been acquired illegally, or without documents, to declare their stock to the government between June and December 2020. The amnesty scheme, just an advisory and not a law in its current form, was to address the challenge of zoonotic diseases, develop an inventory of exotic live species for better compliance under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), and regulate their import.
The advisory defines exotic live species as animals named under the Appendices I, II, and III of the CITES. It excluded species from the Schedules of the Wild Life (Protection) Act 1972, including exotic birds, from the scheme.
The process of disclosure is online through MoEFCC’s Parivesh portal. Once the owner of the animal(s) declares the stock as on January 1, 2020 to the Chief Wildlife Warden (CWLW) of the state/union territory concerned, there would be a physical verification of the animal(s). The CWLW will have to issue an online certificate of possession of exotic live species within six months of the date of the voluntary disclosure. After the registration, it is mandatory for the owner to allow the CWLW with free access to the exotic species declared on any day for verification. The CWLW should also be informed about any new acquisition, death or change in possession of the animals within a period of 30 days.
Guidelines for surrender of such animals to a recognised zoo have been specified. The owner will also have to provide the details of the species acquired, their numbers, and the address of the facility where they are kept.
Illegal trade of exotic animals in India is seen as a major problem. According to the Directorate of Revenue Intelligence (DRI), which is responsible for anti-smuggling laws, India has become a major demand centre for exotic birds and animals. There has been a rise in smuggling of endangered species from different parts of the world into India. Exotic wildlife is mostly imported through illegal channels and then sold in the domestic market as pets. Consignments pass through the international border and air routes from Bangkok, Malaysia and other tourist destinations in Europe and Southeast Asia, and are sent to the major cities including Mumbai, Delhi, Chennai, Kolkata, Hyderabad, Bengaluru, and Cochin, according to the 2019–2020 annual report of the DRI. In 2019–20, the DRI had seized a number of exotic creatures including a hoolock gibbon (endangered), a black-and-white ruffed lemur (endemic to Madagascar), a palm civet, albino monkeys, crocodiles, pygmy falcons, scarlet macaws, kookaburras, aracaris and others.
CITES is an international agreement that aims to regulate the international trade in wild animals, birds, and plants. Appendices I, II, and III of CITES list 5,950 species as protected against over-exploitation through international trade. The animals covered include popular exotic pets in India like lemurs, iguanas, civets, albino monkeys, tortoises, and coral snakes.