Tag Archives: conservation

Why shouldn’t it be a Blackbuck that brings Salman Khan down?

Bollywood actor Salman Khan was recently convicted by a Jodhpur court for poaching two blackbucks, a protected antelope species, in 1998. He has been sentenced to five years in prison and fined Rs 10,000. Before this, Khan had been acquitted for poaching chinkara in two separate cases, both for lack of evidence.

For many of his fans and other commentators, the Jodhpur court verdict is confusing. The most common argument has been that if people get away with murdering people in India, then it is ludicrous that a person should be jailed for killing blackbucks.

There are two fatal flaws in this argument. First: much of the frenzy is because Khan is a superstar. It seems the power of celebrity has lent a plasticity to the subject. Despite what this person, a certain power is arrogated to them through society granting some leeway or making the crime appear to be glamorous and creative.

The second flaw is in assuming that a blackbuck’s death can’t bring such a star down to his knees. This is even more problematic. It is a false equivalence to assume that poaching a wild animal is not ‘good enough’ to send a person to jail for five years, even if people kill people and get away with it – as Khan did in the hit-and-run case against him.

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Blackbucks sparring in Etawah. Photo by me

For example, the journalist Rajdeep Sardesai had suggested Khan should be assigned community service instead of being sent to jail, as have others. Is this because poaching is not considered a crime of public interest, or because the accused is a celebrity? At the heart of it is the fact that the focus of the crime is a non-human subject. For those rooting for celebrity poachers such as Khan, the fact that a non-human was killed – even if illegally – makes it an ‘acceptable crime’.

Rajdeep Sardesai

@sardesairajdeep

My take: Community service and a hefty fine a better way to ‘punish’ Salman Khan after 20 years: https://www.indiatoday.in/india/video/salman-jailed-maybe-community-service-hefty-fine-for-wildlife-protection-is-a-better-idea-1205843-2018-04-05 

Salman Jailed: Maybe community service and hefty fine for wildlife protection is a better idea

Perhaps a tough message has been sent out to the rich and powerful that they cannot get away on the weight of their star appeal when the law explicitly prohibits killing an endangered species. But…

indiatoday.in

Siddhartha Basu

@babubasu

I believe active animal welfare & community service by a public figure sets a far better example to society than singling someone out for harsh retributive punishment simply because “people look up to him”, or gossip & speculation anyway condemns him as a “habitual offender” https://twitter.com/sardesairajdeep/status/981908747567190022 

So it is important to unpack what poaching means. Poaching is not just the killing of an animal; it also stands for an attempt to kill. According to the Wildlife (Protection) Act, 1972, “The killing or wounding in good faith of any wild animal in defence of oneself or of any other person shall not be an offence” – but making the deliberate attempt to kill wildlife is illegal.

“Even if a person attempts to kill a wild animal protected under the WPA unsuccessfully – for instance, if he shoots at the animal and the animal escapes unharmed – this is considered poaching,” wildlife lawyer Saurabh Sharma told The Wire.

If you’d set out to kill an animal, you’d have prepared. You’d have acquired a snare trap, a gun, etc. You’d also have the intent, you’d make the attempt and you’d execute the killing itself, which may injure or murder of the animal.

Poaching a Schedule I animal (including blackbuck and chinkara) with chase and attempt will merit a higher level of punishment than animals in other Schedules, if convicted.

However, the conviction rate for poaching in India is poor, at least if the tiger data is anything to go by. The manner in which evidence is to be presented is tedious, especially when it’s easy to destroy the evidence (animal parts, corpses, weapons, etc.). So the question then morphs into whether Khan was caught because he was famous.

This is unlikely. Khan has been accused of multiple poaching attempts. He was spotted when he drove his vehicle close to a Bishnoi community settlement, where the vegetation cover was fairly open. Further, the Bishnoi community has shown enormous will in following through with the case. A Bishnoi man chased Khan down (Khan apparently attempted to knock him over while trying to flee) while the community hired a lawyer to represent them in court.

Finally, we need to address the question of what is to be done for an animal like the blackbuck, which has a stable population today. India is currently discussing whether certain animals, mostly those that appear populous and eat/damage agricultural crops, should be culled. While the blackbuck is not yet on the list of animals to be culled, another antelope is: the nilgai.

It’s unclear if public opinion about hunting blackbuck and chinkara would be different if these species were less visible. Both inhabit fairly open habitat, and the blackbuck is found in several Indian states. However, it is not rarity or restriction of range alone that engender protectiveness. For example, no one can hunt a tiger and get away with looking like a ‘hero’, and it’s not likely that tiger poaching in India will be seen as the killing of ‘just another animal’.

But the same doesn’t hold true for other Schedule 1 species in the WPA. The leopard, for example, is killed quite often by people or the state in an attempt to mitigate human-wildlife conflicts. But the political ecology, glamour and public sympathy surrounding select wild species such as tigers, lions and elephants is certainly more than for other wildlife.

If we have to differentiate, it needs to be between offenders, not species. Natural justice should connote that there is a difference between people who kill a wild animal for self-defence or food and those who deliberately stalk and kill an animal for pleasure or trade. The Jodhpur court judgment mentions how Khan was accused of hunting just for pleasure.

On the other hand, several people poach animals for bushmeat or trap them to protect crops and livestock. Such offenders, usually eking out a meagre living, do not have influencers and society rushing to defend their ‘good hearts’ nor is any creativity attributed to what they have done.

Khan has tried to defend himself on the basis of his conduct after the incident, and his professional and financial clout. The judgment mentions how Khan’s defence argued that a soft stance should be because he suffered for 20 years after the incident, that he has always appeared in court on time, and because several families depend on him for their livelihoods.

But it is precisely because the convict is a popular star, and certainly not because he has a “good heart”, Khan should be punished according to the law to show that all are equal in its eyes – especially if this equality is about just two blackbucks.

This first appeared in The Wire, here.

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It’s World Water Week. Why India’s new Wetland Rules have it all wrong.

The 2017 Wetland Rules limit monitoring and omit important wetland types

Earlier this year, a judgment by the Uttarakhand High Court, stating that Ganga and Yamuna rivers are “living entities”, captured the national imagination. It is worth noting that wetlands, the other major water-based ecosystem apart from rivers, are at a moment of policy transition in the country. This year, a new legal framework for wetlands was passed, the Wetland (Conservation and Management) Rules, 2017, replacing the earlier Rules of 2010. Also this year, the Supreme Court passed an order directing States to identify wetlands in the country within a stipulated timeframe.

Going forward

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Sambar and Chital at a stream in Pench Tiger Reserve.

The 2017 Wetland Rules have been criticised for doing away with strong wetland monitoring systems and omitting important wetland types. At the same time, the Supreme Court order directs States to come forward and notify wetlands. What then could be the way forward?

The 2010 and 2017 Rules for wetlands both emphasise that the ecological character of wetlands ought to be maintained for their conservation. ‘Ecological character’ refers to processes and components which make the wetland a particular, and sometimes unique, ecosystem. For example, as lagoons like Chilika (Odisha) and Pulicat (Tamil Nadu/Andhra Pradesh) are characterised by a mix of saline and fresh water, the flows of each type need to be maintained; river flood plains contain wetlands that require conservation so they can re-fuel the river with fish and other aquatic life during flooding.

In the 2010 Rules, some related criteria were made explicit, such as natural beauty, ecological sensitivity, genetic diversity, historical value, etc. These have been omitted in the 2017 Rules. There are a few reasons why this is problematic. First, there is multiple interest around wetlands. Multiple interests also have governance needs, and this makes it absolutely necessary to identify and map these multiple uses. Leading on from this, and second, it is crucial to identify ecological criteria so that the wetlands’ character can be maintained. The key to wetland conservation is not just understanding regimes of multiple use — but conserving or managing the integrity of the wetland ecosystem. Finally, restriction of activities on wetlands will be done as per the principle of ‘wise use’, determined by the State wetland authority. Whether wise use will include maintaining ecological character remains to be seen. Under the new Rules, no authority to issue directions, which are binding in nature to desist from any activity detrimental to wetland conservation, has been prescribed to State wetland authorities.

Salt pans are an example how one use (of making salt) has trumped the other (of environmental balance). Salt pans as ‘wetlands’ have been omitted from the new Rules. They were identified as wetlands in the 2010 Rules, as they are often important sites of migratory birds and other forms of biodiversity. The omission in the 2017 Rules suggests that while saltpans do exist as wetlands, they do not require any conservation or ecological balance. The inference can also be that it would be acceptable to tip the environmental balance or integrity of such a wetland, which could lead to damage and pollution.

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Forest wetland in Asola Sanctuary, Delhi.

The case of Deepor Beel

The issue of wetlands being multiple-use areas — and subsequently being abused due to clashes of interest — found centre-stage this year with the observations of the National Green Tribunal (NGT) in the case of Deepor Beel.

Deepor Beel is a Ramsar site and a part of it is also wildlife sanctuary in Guwahati, Assam. (‘Ramsar Sites are designated because they meet the criteria for identifying wetlands of international importance.’) This wetland harbours a wide variety of biodiversity, and also suffers from intense man-made pressure — the city’s municipal waste is dumped close to the Beel. Large, meat-eating storks (Greater adjutant storks) are ironically found eating from the mountains of garbage at the site. Potential impacts of contamination or poisoning from the garbage are still unknown. This January, 26 storks died. The fact that Deepor Beel (Beel means water body) exists as a wetland does not prevent garbage dumping; this is a fate faced by many wetlands. The NGT’s observations on Deepor Beel are interesting and symptomatic of what is happening in several wetlands. In an inspection done by the judicial member of the Tribunal, it was noted that waste was being dumped “not beyond the site but within it,” and “demarcations are made by drying out areas or cutting off water sources”. These are classic ways of killing a wetland and turning it from a wet to a dry ecosystem; or from a lake to a garbage dump or cesspool. The Tribunal has now asked for the “traditional” spread of the wetland.

Given all the modern uses of wetlands, or the use of the wetland only for its land, looking at traditional cartography may be one way to understand catchments of wetlands. It may also be a way of restoring some modicum of ecological character, identity or ‘rights’ to wetlands, as the river judgment suggested. There are challenges ahead in identifying wetlands – multiple and competing use is just one of them. Understanding the historic spread and ecological character will be an important bulwark for the way forward. Setting clear governance systems would be the next. Without either, we are looking at a complete dilution of wetlands in the country.

This first appeared here.

Why are elephants at the centre of conflict in India?

Chased by people when trapped in fields, run over by trains, or hemmed in by walls – elephants are at the centre of a growing human footprint. Some elephant calves are like children born in conflict zones — insecure, aggressive, and unpredictable.

How elephants became refugees on the outskirts of Bhubhaneswar city

What is happening in Athgarh is happening in many parts of India — creating a situation which is dangerous for both man and animal.

In India, there are elephants we worship. There are elephants we beat for work. There are elephants we ignore. In India, we now also have elephants that are refugees. The calves of these elephants are growing up like children in conflict — confused, unpredictable and scared.

On the outskirts of Bhubhaneswar city, a herd of elephants has become refugees. They left the intensely disturbed Chandaka sanctuary, and tried to move towards other forest patches. However, human activity has now surrounded the elephants. Videos show how people chase the hapless animals, who seem to be only wanting to cross roads and fields.

In a first for Odisha, a campaign, Giant Refugees, has been started to protect the elephants and grant them safe passage. Video documentation shows that in Khuntuni range of Athgarh forest division, people are harassing the herd of elephants for no good reason other than “evening entertainment”, say activists.

Odisha chief minister Naveen Patnaik’s office has said that the CM cares for elephants, but it remains to be seen what action will be taken.

elebd_030117024532.jpgSurrounded by an ever-expanding human footprint, large animals like elephants are becoming refugees in a land that they once freely occupied.

Meanwhile, two trends are emerging.

Surrounded by an ever-expanding human footprint, large animals like elephants are becoming refugees in a land that they once freely occupied. Estimated to have 2,000 wild elephants, Odisha has a robust pachyderm population. But all of that is under threat.

Apart from poaching and disturbance in sanctuaries, elephants are also getting killed by trains. For instance in 2012, six elephants — almost an entire herd — were mowed down by the Coromandel Express.

While a large population of the national heritage animal still remains in this biodiverse state, one of the biggest ironies is this: elephants are accorded the highest protection for wild animals under the law. While they have some measure of protection in sanctuaries, the same animals are barely protected as they step foot outside these parks. With time, parks are changing — and so are the landscapes around them.

Many herds have already left Chandaka sanctuary, as it has become surrounded on three sides by people and habitation. In the 1960s, tigers went extinct here, followed by the extinction of leopards.

Second, in this setting, non-traditional patterns are emerging. Across India, not only are elephants and other animals becoming refugees, they are also coming together in confusion. Usually, elephants stick to their natal herds. Now, new herds are forming with straggler elephants coming together, with the glue of confusion and bewilderment. In Alur in Karnataka, a major human-elephant conflict hotspot, a similar trend is seen — non-related males and females have come together to form “herds”.

Elephants have complex sociologies and are deeply affected by the fate of their herd members. Usually, herds only have females and young ones. In Jalpaiguri, West Bengal, where several elephants have been repeatedly killed by trains, they have also died in trying to protect their calves from the incoming train carriages, earning the area the dubious distinction of being a “rail graveyard” for elephants. In Africa, studies show that elephants from herds which have witnessed trophy shooting become distraught and unpredictable.

elebd1_030117024655.jpgSeveral elephants have been repeatedly killed by trains.

“I have been observing elephants wandering in Odisha, having left the disturbed Chandaka sanctuary since the early 2000s. Entire herds of elephants have died in the press against people, mining, railways and habitat fragmentation. People say these are “nuisance animals” and “marauding jumbos” but the fact is that most of these elephants just want to have safe passage,” says wildlife conservationist Aditya Panda.

It’s not just elephants. If a refugee is someone who is evicted from its land, and thrown into conflict, it would not be an exaggeration to say that many species are being made refugees: captured and thrown out of habitat owing to poor decision-making and confused ecological initiatives.

Two “conflict” leopards were recently caught and castrated (though castration has no impact on aggression) in Sariska recently. Another leopard, which had no negative encounters with people, was picked up from Yamuna Biodiversity Park in Delhi and sent to an undisclosed location. This leads many to believe that an animal, which is protected by law, and even if passive, is being treated like a thief, a criminal or a terrorist, and also subject to encounter killings.

The solutions are relatively simple, but need political will. And in areas outside protected sanctuaries, the solutions need more than the forest department’s involvement, as animals are being harassed, with objects or torches flung at them, opening the gates to potential fatalities on both sides.

“The state needs to send in policemen to stop crowds from harassing the elephants. As a long-term measure, better connectivity has to be provided between Chandaka and Kapilas sanctuaries and the Satkosia landscape. Prompt compensation needs to be given for crop damage,” says Panda.

The fact is, what is happening in Athgarh is happening in many parts of India — creating a situation which is dangerous for both man and animal. This conflict needs to be addressed on a war footing before more lives are lost. It is estimated that more than 200 people have been injured all over Odisha in conflict with elephants in recent times.

The problem cannot be solved only by chasing elephants away, or provoking them from the apparent safety of a group of people. To give the animals passage, forest corridors, that CM Patnaik said he has identified, need to be notified and conserved.

What Patnaik and the state decides to do now, as the problem escalates sharply each day, will determine the fate of the wild and human citizens of Odisha.

This piece first appeared here

The Amur Falcon Goes To School

On five years of our work on conserving the Amur Falcon in Nagaland- starring school children, bamboo dances, skits and song.

On his way to school this October, 13-year-old Seiminlen saw a ngeikang. He told the school’s eco-club that the first Amur falcon of the season had been spotted. The children gathered outside their school to watch, trying to count the birds, listening to their high-pitched calls. They perhaps didn’t know it, but these children have been at the forefront of bird conservation in the remote, hilly reaches of Nagaland.

Amur falcons fly in clouds over the Indian Northeast, particularly Nagaland and Manipur, where they migrate to from Siberia and China. These birds of prey — not much bigger than a pigeon — transform the landscape: they descend on paddy fields and forests, shrieking, darting, diving, in pursuit of dragonflies and termites and other bugs that make up their entirely insectivorous diet. In Doyang reservoir in Nagaland’s Wokha district, more than a million Amur falcons gather, the largest congregation of falcons in the world.

This year, Doyang was designated an ‘Important Bird Area’. The birds leave India around December, and fly over the Indian Ocean towards Africa. This oceanic journey, satellite tagged birds have revealed, is made without a stop — usually in five days flat. After wintering in southern Africa, the falcons fly back towards Siberia.

Amur Falcons

Photo: Amur Falcons in Doyang reservoir Important Bird Area.

Seiminlen lives in Lilien village, swathed in forests, fields and criss-crossed by streams. To reach it, you have to cross the Manglou river, which swells after the rain. People carve houses out of wood and ply rather than concrete, and live in the veritable lap of nature. Nature is not always benign — the village is often lashed by heavy rain, its roads in a constant state of disrepair.

Road to somewhere

This village also happens to be an important pit stop for Amur falcons. But until not very long ago several villages close to the Doyang ‘Important Bird Area’ hunted the falcon for sport and for food. Hunting is illegal, but these areas have had established traditions of hunting. The hunts were often unsustainable — in October 2012, an estimated 10,000 birds were hunted every day, for 10 days, in Doyang during the migration season. Several hunted birds were discarded, and the forest department had to work round the clock to stop hunting through arrests and notices.

Thanks to eco-clubs

But there has recently been a game changer for the little raptor. And credit for this change, goes in large part to children of Lilien and the surrounding villages. Thanks to eco-clubs started by the Bombay Natural History Society and Nagaland Wildlife and Biodiversity Conservation Trust, students learnt to draw different kinds of fauna, look at wildlife around them, and most importantly, they learnt to name them. Soon, the children turned into advocates of conservation, especially of the Amur falcon. And soon, the attitudes of adults towards falcons changed too. The birds are no longer hunted in these parts: a sea change from previously held beliefs that Amur falcons came in inexhaustible numbers.

“Did you know animals go extinct?” 15-year-old Veineikim Hangsing asks her class at the Bongkolong eco-club. “Yes,” the students say solemnly.

In particular, the maps of Amur falcon migration fascinated the children. Many learnt about Russia for the first time. And about Africa. When they saw the migratory path of the falcon, the bird became a hero. Then they learnt the names of the insects the falcon ate. Soon, the students organised little skits about the falcon, and performed them at their villages.

The explosion of performance, music and dance that exists in Naga life has now found expression in eco-clubs. In the Pangti eco-club, students have penned a song for the Amur falcon, on the lines of the choir songs they sing. Eco-clubs are also run in Ahthibung and Jalukie villages. Over the years, more than 300 students have presented at community events in the area. Sometimes it is a skit with song. Sometimes, it is a bamboo dance — where dancers hop nimbly between criss-crossed bamboos that are moved to the beat of a drum. Often, the students depict traditional village songs and dances with conservation messages woven in. In Kuki, and sometimes in Nagamese, their message is to ‘pray’ for wild birds.

“I used to eat Amur falcons. They were tasty. A bit oily, but tasty,” says a 12-year-old boy from Sungro, who, like many other students once carried a catapult to hunt birds. “But now I really want them to reach Africa,” he says. “I want them to eat termites in Africa.”

This first appeared here.