Prosecution Of Crimes Related To Illegal Wildlife Trade
Legal Framework in Nepal
Illegal wildlife trade is addressed under multiple laws in Nepal:
National Parks and Wildlife Conservation Act (NPWCA), 1973 (amended 2021)
Prohibits hunting, poaching, trafficking, and possession of wildlife and their parts.
Provides for fines, imprisonment, and confiscation of wildlife products.
Muluki Criminal Code (2074)
Sections 265, 266: Offenses related to environmental crime, criminal damage to natural resources, and trafficking.
Section 177: Criminal conspiracy and organized crime if multiple persons involved.
CITES (Convention on International Trade in Endangered Species of Wild Fauna and Flora)
Nepal is a signatory; trade in endangered species without permits is illegal.
Case Examples of Illegal Wildlife Trade Prosecution in Nepal
Case 1: 2019 – Poaching of Bengal Tiger and Sale of Skin in Chitwan
Facts:
Two poachers were caught with a Bengal tiger skin in Chitwan National Park.
Attempted to sell the skin to a local trader.
Legal Issues:
Violation of NPWCA 1973 for hunting a protected species.
Illegal possession and trade of endangered species.
Outcome:
Both poachers were arrested and sentenced to 5 years imprisonment.
Skin was confiscated; traders involved in the supply chain were also prosecuted.
Significance:
Demonstrates strict enforcement for high-value endangered species like tigers.
Case 2: 2020 – Pangolin Trafficking Ring in Kathmandu
Facts:
Police arrested five individuals trying to smuggle pangolin scales abroad.
Estimated value: Rs 20 million.
Legal Issues:
Violation of NPWCA and CITES regulations.
Organized wildlife trafficking.
Outcome:
All five individuals were prosecuted; two received 7 years imprisonment.
Authorities confiscated all pangolin parts and logistics equipment.
Significance:
Illustrates prosecution of organized wildlife crime networks targeting international markets.
Case 3: 2021 – Illegal Trade of Leopard Skins in Pokhara
Facts:
A local trader was caught selling leopard skins to tourists.
Skins were sourced from poachers operating in the western region of Nepal.
Legal Issues:
Hunting, possession, and sale of protected species.
Violation of wildlife conservation laws and NPWCA.
Outcome:
Trader fined Rs 500,000 and sentenced to 3 years imprisonment.
Skins were confiscated and destroyed.
Significance:
Shows that even small-scale traders can face serious criminal liability.
Case 4: 2022 – Smuggling of Red Panda Parts from Eastern Nepal
Facts:
Customs officials intercepted a shipment containing red panda pelts and bones intended for China.
Legal Issues:
Violation of CITES and NPWCA.
Cross-border wildlife trafficking.
Outcome:
Two smugglers arrested; pending investigation led to a 6-year imprisonment for the main accused.
Confiscated wildlife parts were handed to the Department of National Parks and Wildlife Conservation.
Significance:
Highlights Nepal’s efforts to curb cross-border wildlife trade.
Case 5: 2022 – Rhino Horn Smuggling Attempt in Chitwan National Park
Facts:
A gang was arrested trying to transport rhino horns from Chitwan to India.
Rhino horns valued at over Rs 50 million.
Legal Issues:
Hunting and illegal trade of a critically endangered species.
Organized crime under Section 177 of Criminal Code.
Outcome:
Gang members sentenced to 10 years imprisonment; fines imposed.
Rhino horns confiscated.
Significance:
Shows strict punishment for crimes involving critically endangered species like rhinos.
Case 6: 2023 – Illegal Collection of Medicinal Plants for Export
Facts:
Several individuals collected rare medicinal plants from Annapurna Conservation Area without permits.
Intended to export plants illegally to China.
Legal Issues:
Violation of NPWCA provisions related to plant conservation.
Criminal conspiracy to trade protected flora.
Outcome:
All accused arrested; sentenced to 2 years imprisonment.
Plants confiscated; awareness campaigns conducted locally.
Significance:
Demonstrates that criminal liability extends to protected flora, not just fauna.
Case 7: 2024 – Organized Bird Smuggling in Kathmandu Valley
Facts:
Police uncovered a network capturing and selling exotic birds including hornbills and parakeets.
Legal Issues:
Violation of NPWCA and CITES regulations.
Trafficking of endangered and protected species.
Outcome:
Network leaders sentenced to 5–6 years imprisonment; minor accomplices given shorter sentences.
Confiscated birds rehabilitated in wildlife sanctuaries.
Significance:
Highlights organized wildlife trade even within urban centers.
Key Takeaways
Criminal liability applies to all actors: poachers, traders, smugglers, and sometimes even facilitators.
Punishments are severe: imprisonment ranges from 2 to 10 years, with substantial fines.
Cross-border smuggling is treated seriously: especially under NPWCA and CITES.
Both flora and fauna are protected: not just high-profile animals like tigers and rhinos.
Proactive enforcement: police, customs, and Department of National Parks actively prosecute offenders.
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