Prosecution Of Curio Shops Selling Illegal Ivory Products
Legal Framework in Nepal
National Parks and Wildlife Conservation Act, 1973 (NPWCA)
Prohibits trade, transport, possession, or sale of wildlife species and their parts, including elephant tusks (ivory), without government permit.
Violations can lead to imprisonment (5–15 years) and substantial fines.
Customs and Export/Import Regulations
Any import/export of ivory without permit is criminalized.
Supreme Court Directives
Court has emphasized regulation of wildlife trophies and parts, requiring inventory and surrender of illegally possessed items.
Case 1: Kathmandu Curio Shop Ivory Survey (2001–2002)
Facts:
Survey of curio shops in Kathmandu revealed multiple shops displaying carved ivory and raw tusks without permits.
Shopkeepers admitted to selling ivory if requested by tourists.
Legal Issues:
Shops violated NPWCA by offering protected wildlife parts for sale without documentation.
Enforcement capacity was limited, leading to minimal prosecutions at the time.
Outcome:
The survey documented illegal trade but no formal prosecution was recorded.
Highlighted gaps in enforcement, prompting awareness campaigns.
Significance:
Established curio shops as a source of illegal ivory trade.
Formed the basis for future monitoring and enforcement strategies.
Case 2: Supreme Court Order on Wildlife Trophies (2023)
Facts:
A writ petition challenged government inaction on unregulated possession and display of wildlife trophies, including ivory.
Legal Issues:
Whether private possession/display without permit violates NPWCA.
Applicability to curio shops selling ivory carvings.
Outcome:
Supreme Court ordered government to inventory all illegally held wildlife parts and notify owners to surrender or regularize them.
Directed potential legal action against non-compliance.
Significance:
Clarified legal liability for shops displaying or selling ivory.
Strengthened government authority to enforce NPWCA.
Case 3: Rhino Horn Trade Case in Chitwan (2024)
Facts:
Nine persons were prosecuted for buying and selling rhino horn in Bharatpur.
Although this case involved rhino parts, the same legal principles apply to ivory trade.
Legal Issues:
Trade of protected wildlife parts without permits under NPWCA.
Criminal liability for shopkeepers or traders of ivory under similar statutes.
Outcome:
Case registered and prosecuted under NPWCA.
Sentences included fines and potential imprisonment, showing enforcement in action.
Significance:
Demonstrates that wildlife parts trade is actively prosecuted.
Curio shops selling ivory could face identical legal consequences.
Case 4: Research on Kathmandu Curio Shops (2009)
Facts:
Survey found 184 shops selling 1,454 ivory items, including carvings.
Most sales were informal and targeted at tourists.
Legal Issues:
Shops violated NPWCA trade prohibitions.
Enforcement gaps allowed continued operations.
Outcome:
The research led to increased scrutiny from conservation authorities.
Enforcement remained limited but awareness campaigns were initiated.
Significance:
Provided evidence of widespread illegal ivory trade in curio shops.
Highlighted the need for active monitoring and potential criminal liability for shop owners.
Case 5: Enforcement Challenges Report (2025)
Facts:
Report by wildlife crime analysts noted that although NPWCA allows imprisonment up to 15 years for ivory trade, few prosecutions occurred.
Many curio shops continue selling ivory due to weak enforcement and limited intelligence.
Legal Issues:
Practical challenges in prosecuting curio shops.
Criminal liability exists but is often unenforced.
Outcome:
Recommendations included better monitoring, intelligence sharing, and proactive prosecution.
Highlighted potential for future enforcement and criminal liability.
Significance:
Shows structural enforcement gaps but confirms curio shops are at legal risk.
Reinforces that selling ivory without permit is a criminal offense under NPWCA.
Analysis and Key Lessons
Curio Shop Liability
Selling ivory products without permits violates NPWCA and can result in criminal prosecution.
Liability extends to possession, display, and trade.
Enforcement is Weak but Evolving
Historically, enforcement was minimal, but Supreme Court orders and wildlife crime cases show a shift toward stricter action.
Penalties Are Severe
Law allows imprisonment of 5–15 years and heavy fines for trade of protected species’ parts.
Documentation and Due Diligence
Shops must maintain proper permits for any wildlife-derived product.
Selling carved ivory or antique items without documentation is illegal.
These five cases show that curio shops selling ivory in Nepal are legally liable, though prosecution has historically been limited. Enforcement and judiciary orders now increasingly support criminal action, making compliance and vigilance essential for shop owners.
RELATED Blog
comments