"Cruel, unethical, illegal:" Calcutta High Court takes suo motu cognizance of illegal smuggling of endangered birds

The Calcutta High Court, on Friday, took suo motu cognizance of the rise in instances of smuggling of endangered migratory bird species during the winter months (Court on its own motion, In re Smuggling and illegal trading of endangered species of birds)..Terming the practice as cruel, unethical and illegal, a Bench comprising of Chief Justice Thottathil B Radhakrishnan and Justice Arijit Banerjee directed that the matter to be registered as a public interest litigation petition..The Court also framed three issues for consideration:.The extent of the smuggling and illegal trading of endangered species of birds;Fixing responsibility for these acts;Issuing necessary directions to the authorities concerned to ensure smuggling and other illegal activities do not take place and the violators are “taken to task on a war footing.”.“We, therefore, deem it appropriate to further consider this matter because it has become necessary and expedient to initiate public interest litigation suo motu concerning smuggling and illegal trading of endangered species of birds and for their preservation and protection,” the Court said..The PIL was taken up based on a newspaper report in the Bengali daily ‘Anandabazar Patrika’ dated December 2, 2020..The newspaper reported that hundreds of birds were smuggled in a bus from Patna to Kolkata on Tuesday night by smugglers who took advantage of the fact that the wings of many birds grow heavier during the winter months. After forest workers stopped the bus on the Durgapur Expressway, more than 300 Tia and at least 25 hilly Myna birds were recovered, it was reported..Aghast, the Court directed a petition to be presented on behalf of the High Court to deal with the matter in greater detail..The petition drawn up on the Court's behalf pointed out that such illegal smuggling activities violated several laws and meted great harm to the animals involved.."It is common knowledge that most Indian families have grown up with birds as pets in their homes, but oblivious to these families, the birds suffer a cruel fate. Snatched from the wild, stolen from nests and left to die while smuggling, a staggering number of exotic birds are sold in local markets after being illegally brought in, by heartless traders. The burning issue at the moment is trade in pet birds … A staggering number of birds are cruelly smuggled in various places, in appalling conditions. Birds are trafficked stuffed and suffocated in the piping of suitcases, PVC pipes. They are stuffed in socks, crammed in shoes and their beaks are taped shut .. It is also a prevailing practice that tantrics use owls for black magic, especially between October and November", the petition placed on record..The petition emphasized that the Concurrent List of the Seventh Schedule of the Constitution, Articles 48-A and 51-A(g), and the Wildlife Protection Act provided for the protection of endangered bird species..Taking notice of this, the Court has decided to consider the matter further and has directed the Advocate General to assist the Court “in his capacity as an advocate apart from appearing on behalf of the State.”.The matter will next be taken up on December 8, 2020..Advocate Saikat Banerjee appeared on behalf of the High Court..Read the Order here: