Supreme Court upholds Centre's advisory regarding import, possession of exotic live species in India

Supreme Court upholds Centre's advisory regarding import, possession of exotic live species in India
New Delhi: The Supreme Court has upheld the advisory issued by the Ministry of Environment Forest and Climate Change regarding import and possession of exotic live species in India. Recently, while hearing a plea challenging the legality and validity of the notification dated 11 June, 2020, a Bench of Justice Krishna Murari and Justice Hima Kohli stated, "We have gone through the judgments of the High Courts referred to above upholding the Advisory impugned herein and are in agreement with the same. "Referring to the judgment of the Allahabad High Court in the matter, the Bench stated, "Any interpretation to the contrary as suggested by the petitioner would defeat the very object of the Advisory.
Once a declaration within the window of six months as provided under the Advisory is made, the exotic live species, including its progeny, the declarant or transferee(s) are fully exempt from explaining the source of exotic live species. The exotic live species which is declared or its progeny, are not liable to confiscation or seizure by any Central Agency or State Agency. Consequently, the declarant or the transferee(s) of such declarant will be immune from prosecution under any civil, fiscal and criminal statute by any Central or State Agency.
Any other interpretation would lead to absurdity. "Advisory on import of exotic speciesBack in June 2020, the Ministry of Environment Forest and Climate Change issued the advisory saying people importing “exotic live species” will have to make a voluntary disclosure. The move came as the outbreak of COVID-19 raised global concern about illegal wildlife trade and zoonotic diseases.
"Exotic live species are animal or plant species moved from their original range (location) to a new one. These species are introduced to a new location most often by people. Many citizen of the country have kept CITES (Convention of International Trade in Endangered Species) enlisted exotic animal species in their possession but there is no unified information system available of such stock of species at the State/Central level.
Ministry of Environment, Forest and Climate Change has decided to collect stock information from the holders of such species through voluntary disclosure in next six months," the ministry statement earlier stated. It added that the registration will be done for the stock of animals, new progeny, as well as for import and exchange. "This will help in better management of the species and guide the holders about proper veterinary care, housing and other aspects of well-being of the species.
The database of exotic animals will also help in control and management of zoonotic diseases on which guidance would be available from time to time to ensure safety of animals and humans," it added. The ministry informed that the declarer would not be required to produce any documentation in relation to the exotic live species if the same has been declared within six months of the date of issue of the advisory. For any declaration made after six months, the declarer shall be required to comply with the documentation requirement under the extant laws and regulations, it added.
Holders of such species have to visit the website (www. parivesh. nic.
in) and fill up the requisite forms in order to complete the stock registration process. (With inputs from agencies)Read all the Latest News, Trending News, Cricket News, Bollywood News, India News and Entertainment News here. Follow us on Facebook, Twitter and Instagram.
.