No action against person disclosing exotic birds, animals under govt scheme: HC

The order came on the plea by Khodiyar Animal Welfare Trust, represented by advocate Rajshekhar Rao, seeking a direction to the Environment Ministry to include in its voluntary disclosure advisory other vulnerable exotic animals and birds which are not mentioned in the 'Convention on International Trade in Endangered Species on Wild Fauna and Flora', but require protection. The June 11 advisory dealt with import of exotic live species in India and declaration of stock of such fauna.

Once a person voluntarily discloses having exotic birds or animals under the Centre's voluntary disclosure scheme, he cannot be then investigated for their ownership, trade and breeding, the Delhi High Court has said. A bench of Chief Justice D N Patel and Justice Prateek Jalan said that once a voluntary disclosure is made under the scheme within the stipulated six months no inquiry or action can be initiated against the person for possession, breeding or transportation of the exotic species within India by the officers of any government agency or department.

"Such action of subsequent inquiry by the government after voluntary disclosure would be wholly illegal, arbitrary, unreasonable, unsustainable and would defeat the very purpose of the Voluntary Disclosure Scheme.  "Consequently, once the declarer voluntarily declares stock of exotic species in terms of the Advisory (scheme), subjecting him after such declaration to any penal or confiscatory measures under any enactment, with regard to such timely and voluntarily declared stock of livestock species would be highly unreasonable, illegal and will be contrary to the legitimate expectations," the court said. The order came on the plea by Khodiyar Animal Welfare Trust, represented by advocate Rajshekhar Rao, seeking a direction to the Environment Ministry to include in its voluntary disclosure advisory other vulnerable exotic animals and birds which are not mentioned in the 'Convention on International Trade in Endangered Species on Wild Fauna and Flora', but require protection.

The June 11 advisory dealt with import of exotic live species in India and declaration of stock of such fauna. The trust, a Gujarat-based organisation involved in maintenance of rescue shelters for animals of Indian origin as well as exotic species, had also sought a clarification that the nature and extent of the immunity provided under the advisory would cover other vulnerable exotic live species which are not mentioned in the CITES.

It had also contended that the advisory does not sufficiently specify the nature of protection offered and thereby discourages the people from declaring their stock of exotic animals and birds. With regard to enlarging the scope of the advisory to include all exotic live species, the ministry told the court that it was a valid point and if required a further advisory can be issued by the government.

On enlarging the scope of the advisory, the bench said the Supreme Court has observed in the past that the ministry was not obliged to make laws only in terms of CITES and can widen the scope of restrictions by taking into account the local conditions and circumstances.  The high court directed the ministry to keep in mind the apex court's observations regarding enlarging scope of CITES while issuing any further advisories. The bench disposed of the plea by the trust which had argued that once the declaration is made within a period of six months, the declarer should not be subject to any civil or criminal inquiry under any other law for the time being in force.

"We are in full agreement with the arguments canvassed by the petitioner (trust). Once the immunity is granted under the Voluntary Disclosure Scheme, the respondent cannot investigate about the ownership, possession, trade, transportation, breeding, act of keeping, buying, selling and exhibiting such exotic animals/birds which are voluntarily disclosed by the declarer.  "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 from the date of issuance of Advisory. After six months' period is over, from the date of issuance of the Advisory, the declarer shall be required to comply with the documentation requirement under the extant laws and regulations.," the bench said..

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