The Delhi High Court has overturned a lower court’s decision that sentenced individuals involved in trading shahtoosh shawls made from Tibetan antelope wool to a mere two days in jail, warning that such leniency undermines wildlife protection laws and sets a dangerous precedent. The decision comes in response to an appeal by the Central Bureau of Investigation (CBI) against the inadequate sentencing for violations under the Wild Life (Protection) Act, which mandates a minimum of three years imprisonment for such offences.
Justice Chandra Dhari Singh emphasized that the lower court lacked discretion to reduce the sentence to the “period already undergone in jail” and impose a fine when the law stipulates stringent minimum penalties. The court highlighted that the gravity of the offence extends beyond the direct killing of animals to include possession, trade, and facilitation of trade in items derived from endangered species.
“The Act was specifically enacted to combat wildlife-related offences, which pose a significant threat to ecological balance and biodiversity,” the court stated in its judgment delivered on Tuesday. “The stringent provisions, including the exclusion of probationary relief, reflect a legislative determination to deter the illegal trade and exploitation of endangered species.”
In this particular case, the accused were found in possession of shahtoosh shawls, derived from the underfur of the Tibetan antelope, a species listed under Schedule I of the Act and considered highly endangered. The initial lenient sentencing did not reflect the severity of the crime or the threat it posed to wildlife conservation.
By setting aside the previous ruling and remanding the matter to the special court, the Delhi High Court has directed that a fresh order on sentencing be passed within three months.
