Wildlife Crime Before Indian Courts: A Doctrinal Analysis Of Landmark Judgments
- IJLLR Journal
- 2 hours ago
- 1 min read
Shreya Saloni & Avishkar A. Jadhav, DES SNFLC
ABSTRACT
In India biodiversity is in real danger. Despite having comprehensive wildlife protection laws such as the Wildlife (Protection) Act, 1972, the Forest (Conservation) Act, 1980, the Prevention of Cruelty to Animals Act, 1960, and various other laws protecting animals, forests, and nature. However, the problem still persists due to weaker enforcements and lower conviction rates. Indian courts have stepped in and made a real difference. They interpret the statutes in a strict construction, handing out tougher sentences to deter criminals from committing crimes. Simultaneously, the courts have linked these laws to the fundamental duties in Part IV of the Indian Constitution. As law students, we present this article by making a doctrinal analysis of landmark judicial precedents delivered by the Indian Courts. We examine cases relating to poaching, illegal wildlife trade, trafficking in endangered species, animal welfare violations, and forest governance. The analysis shows how Indian Courts have turned vague sections into sharp weapons, which boosts deterrence and emphasizes that wildlife is our constitutional responsibility under Articles 48A and 51A(g). The paper does, however, also point out the system's failure. The system still stumbles. Trials crawl on for years, funding is low, weak prosecution, no special dedicated wildlife court, and lack of coordination between government agencies. So even the best judgments often stay locked in files, while tigers are disappearing and forests are burning. Our judiciary has actively participated in shielding and protecting the wildlife however, until and unless we address these lacunas, the wild will continue to bleed.
