Professional Documents
Culture Documents
5 UPES LR (2020) 57
Page: 58
Syndrome Coronavirus) and MERs (Middle East Respiratory Syndrome) but Covid 19,
appears to be the only one with pandemic potential and also unprecedented due to its
nature of spreading rapidly when compared to other viruses. All these are Emerging
Infectious Diseases (EIDs) which can be easily transmitted from human to human.
These diseases have major impact on Global health and Economies. The EID's which
originate in animals and gets transmitted to humans are known as Zoonotic diseases.
These Zoonotic diseases are a major contributing factor to human infectious disease
risk. Scientists believe that seventy-five percent of all new and emerging infectious
diseases are zoonotic, of which the majority have their origins in wildlife.1
International wildlife trade plays an important role in spreading of these zoonotic
diseases. Trade requires close contact among humans, animals and animal products
SCC Online Web Edition, © 2021 EBC Publishing Pvt. Ltd.
Page 2 Saturday, November 20, 2021
Printed For: Mr. Pavan Narang
SCC Online Web Edition: http://www.scconline.com
© 2021 EBC Publishing Pvt.Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------
during the extraction and exchange process, elevating the risk of a zoonotic pathogen
crossing species lines. Due to the increased commercialization of wildlife, there is a
surge in the scale of zoonotic pathogen movements, which are creating a risk of
spreading the infectious diseases.2 Other zoonotic diseases like Ebola, Monkeypox, HIV
in the past decades were transmitted due to trade in wildlife. The present paper
determines and analyses as to how the International Trade in wildlife can be regulated
in order to prevent the future emergence of new infectious diseases.
Page: 59
the situation thereby leading the emergence of underground trade markets5 . Hence, a
sustainable and comprehensive regulation are to be put in place by global community.
Page: 60
a priority issue. The three key areas are concentrated upon by WWF to address this
issue.
Firstly, WWF provides technical, scientific advice to CITES. It also carries out
cutting edge research on illegal wildlife trade routes, the effects of wildlife trade on
particular species and on deficiencies in wildlife trade laws. This information aids
CITES members to keep abreast of new trends and challenges ad also promotes the
inclusion of new species in the CITES appendices.
Secondly, it bans or limits trade in particular species and also to effectively enforce
this. WWF aids in providing equipment, training and funds to under developed and
developing nations for enforcement of the CITES. WWF also helps countries to comply
with CITES regulations by helping to develop programmes, create regulations, runs
workshops, assists enforcement efforts etc.
Lastly, one of the most powerful tools of all for addressing illegal and unsustainable
wildlife trade is to persuade consumers to make informed choices when buying wildlife
-based products.
WWF strives to enable the effective enforcement and implementation of CITES
treaty at domestic levels.
CITES is an International Treaty, with almost all the countries parties to it, with
teeth to regulate wildlife trade thereby banning the species to be put to trade which
are on the verge of extinction. CITES is looked into as a Trade related treaty rather
than environmental law regulating treaty.7 CITES is not authorized to deal with the
health or disease impacts of traded wildlife or any other disease issues. Additionally,
CITES doesn't have any consent to standardize or prohibit trade that may be a menace
to the health of the habitats. CITES also doesn't cover the vast majority of wildlife
species traded commercially for human consumption.
CITES and its members were called to address the impact of COVID-19, ranging
from amending the Convention text, making changes to existing resolutions and
enhancing implementation of existing partnerships or establishing new ones. One such
proposal is to amend the Convention to add a new Appendix IV that would include
species considered to pose a threat to public or animal health8 . But another argument
to this would be that enacting more stricter regulations in Illegal wildlife trade can
lead to emergence of underground or black market trade in wildlife thereby leading to
more detrimental impact on
Page: 61
human environment. It's an ongoing debate9 . Another approach and considering the
timely need to regulate this illegal wildlife trade is to take precautionary and public
health-based approach, by ending all types of commercial trade in wildlife (particularly
birds and mammals) for consumption. A study held that trade/market-based approach
is better than a species-by-species approach which can result in a higher probability of
SCC Online Web Edition, © 2021 EBC Publishing Pvt. Ltd.
Page 4 Saturday, November 20, 2021
Printed For: Mr. Pavan Narang
SCC Online Web Edition: http://www.scconline.com
© 2021 EBC Publishing Pvt.Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------
Page: 62
FAO had stated that One Health objective can be achieved by bringing changes in
the different spheres of legislations. The following legislations at domestic levels,
centred around health together contribute towards Global health. All such legislations
can collectively prevent any kind of emergence of zoonotic diseases. One of such
legislations from One Health legislations which aids in curbing the illegal wildlife trade
and consumption is CITES to a certain extent. The observation reveals that CITES does
not deal with any such law regulating human and health based approach and also
wildlife consumption, the international law cannot alone rely on one legislation,
however all the below legislations would help in preventing the future emergence of
zoonotic diseases.
FAO also stated that there have to be constant changes made for sanitary and
phytosanitary measures and other environmental legislations should be made
SCC Online Web Edition, © 2021 EBC Publishing Pvt. Ltd.
Page 5 Saturday, November 20, 2021
Printed For: Mr. Pavan Narang
SCC Online Web Edition: http://www.scconline.com
© 2021 EBC Publishing Pvt.Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------
mandatory and practised13 . It is a fact that taking close food safety and quality related
legislations also directly contributes towards One Health. Such kind of practice would
provide a supporting system for governments to monitor and control the safety and
quality of food products and prevent the transmission of food-borne diseases,
including zoonosis that can be transmitted through food.
In the same way, certain standards and recommendations of the OIE, including its
Terrestrial and Aquatic Animal Health Codes are introduced and applied by the animal
health legislation.14 This legislation is usually applicable to all animals and it
contributes to wildlife health. Animal health legislation makes provisions for the
national veterinary authority. The legislation mandates to regulate, control and foster
animal health. It also includes the power to exercise veterinary surveillance and
control, and to adopt and implement sanitary measures. Finally, it also provides the
legal basis to prevent and contain the occurrence and spread of zoonosis.
The conservation of their ecosystems can definitely ensure perfect health. A
forestation would guarantee proper and safe inhabitation which would also halt the
degradation of their biodiversity. The legislation pertaining to the conservation and
management of forests and their resources also would ensure to achieve the objective
of One Health and also to safeguard the wildlife in
Page: 63
forest areas.15 It is also evident that such laws establish effective enforcement
mechanisms, thereby resulting in the preservation of forests and trees. It is significant
to understand the main causes of unregulated deforestation and forest degradation aid
indesigning forest and environmental legislation to address the issues.
A wide range of relevant cross sectoral policies should be reflected and given effect
in Wildlife and fisheries legislation. Such kind of legislation would lead to
environmental sustainability (including biodiversity and ecosystem preservation), socio
-economic development, gender equity, and animal health and food safety.
Additionally, it should be noted that legislation should consider customary use and
traditional knowledge, vulnerable and indigenous peoples’ rights, and human-wildlife
conflicts. 16
The impact of the COVID 19 pandemic and the possibility of future prevalence and
outbreaks can be minimized by the natural environment for human, animal and
environmental health together well managed can guarantee and these can ensure a
rapid response to mitigate such a pandemic. Such kind of collective approach
regarding environment, human and animal proliferate the immediate need for
adopting One Health Approach. It is quite evident that One Health Approach has to be
adopted at International and Domestic level to prevent the zoonotic diseases in future.
It is evident that the One Health approach is in an emergent stage in India.
However, there have been many regulatory measures and crosscutting policies that
are operating and conducive for further development of the approach. The Food Safety
and Standard Act, 2006 stipulates the limits for contaminants, naturally occurring
toxic materials, antibiotic residues, pesticides, heavy metals, veterinary drug residues,
etc. Government-initiated control programs for zoonotic and highly communicable
diseases such as rabies, brucellosis, and food-and-mouth disease are available. In this
regard, a manual for handling zoonotic diseases has been published by the Centre of
Zoonosis, National Centre for Disease Control, India.17 Of late, there is “Make in India”
initiative, which supports the development of medical equipment, drug, vaccines, and
technology innovations18 that can be used to address zoonotic diseases. A process of
SCC Online Web Edition, © 2021 EBC Publishing Pvt. Ltd.
Page 6 Saturday, November 20, 2021
Printed For: Mr. Pavan Narang
SCC Online Web Edition: http://www.scconline.com
© 2021 EBC Publishing Pvt.Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------
Page: 64
Page: 65
It is quite evident that usually, when people think about wildlife, they do not think
beyond Protected Areas (Henceforth addressed as PAs), or areas declared as Wildlife
Sanctuary and National Parks under the Wildlife (Protection) Act, 1972 (WPA). Hence,
this results for the reasons why we are still in the process of declaring new PAs. New
categories of PAs such as Conservation Reserve and Community Reserves were
inserted into the WPA in 2002. As per Protected Areas and other effective area based
conservation measures, The Aichi Target 11, Convention on Biological Diversity reveals
that by 2020 at least 17 per cent of terrestrial and inland water, and 10 percent of
coastal and marine areas important for biodiversity and ecosystem services, must be
conserved.22 India was supposed to bring 20 per cent of the country's area, which is
SCC Online Web Edition, © 2021 EBC Publishing Pvt. Ltd.
Page 7 Saturday, November 20, 2021
Printed For: Mr. Pavan Narang
SCC Online Web Edition: http://www.scconline.com
© 2021 EBC Publishing Pvt.Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------
Page: 66
Page: 67
Page: 68
along with CITES at international level. However, regulating wildlife laws alone would
not put any end to the emergence of future pandemics; a collective approach as in
case of “One Health” legislations together would prevent the emergence of future
pandemics.
———
*Assistant Professor, ICFAI Law School, IFHE University, (A Deemed-to-be University) established under Section
3 of UGC Act, 1956, Hyderabad.
1 Jones K.E., Patel N.G., Levy M.A., et al., “Global Trends in Emerging Infectious Diseases”, 451 Nature 990
(2008).
2C. Perrings, S. Levin, et al., “The Economics of Infectious Disease, Trade and Pandemic Risk”, 15 Eco Health,
241 (2008).
3J.S. Mackenzie, D.W. Smith, “COVID-19 : A Novel Zoonotic Disease Caused by a Coronavirus from China : What
We Know and What We Don't”, 41 Microbiol 45 (2020).
4 Jillian Louis, “COVID-19 : The Death Blow to Wildlife Trafficking?”, The Asean Post Team (Mar. 9, 2020),
<https : //www.theaseanpost.com/article/covid-19-death-blow-wildlife-trafficking>.
5 Perhaps the most prominent application of a trade ban in response to zoonotic disease risk was the European
Union's 2007 ban on the import of wild-caught birds in an attempt to curb the spread of avian influenza. While
the ban was effective in eliminating legal wild bird trade to Europe, it also opened new trade routes that spread
the birds and disease risk to new world regions.
6 Convention on International Trade in Endangered Species. See
<https : //www.cites.org/eng/resources/ref/suspend.php>.
7
Malavika Vyawahare, “As COVID-19 Pandemic Deepens, Global Wildlife Treaty Faces an Identity Crisis”,
Mongabay (May 15, 2020), <https : //www.news.mongabay.com/2020/05/as-covid-19-pandemic-deepens-global
-wildlife-treaty-faces-an-identity-crisis/>.
8
End Wildlife Crime, see <https : //www.endwildlifecrime.org/cites-amendments/>.
9
Tanya Rosen, “The Evolving War on Illegal Wildlife Trade”, IISD (Oct. 6, 2020),
<https : //www.iisd.org/articles/evolving-war-illegal-wildlife-trade>.
10 Jillian Louis, supra note. 4.
11
Malavika Vyawahare, supra note 7.
12 UN Food and Agricultural Organisation, see <http://www.fao.org/asiapacific/perspectives/one-health/en/>.
13 “One Health Legislation : Contributing to Pandemic Prevention through Law”, UN Food and Agricultural
Organisation (July 2020), <http://www.fao.org/3/ca9729en/CA9729EN.pdf>.
14
Ibid.
15
Ibid.
16 Ibid.
17 Zoonosis Division, National Centre for Disease Control, Zoonotic Diseases of Public Health Importance, Ministry
of Health and Family Welfare, India, (2016), <https : //www.ncdc.gov.in/WriteReadData/l892s/File618.pdf>.
18 See Make in India, <http://www.makeinindia.com.
19P. Chatterjee, S. Bhaumik, et al., “Protocol for Developing a Database of Zoonotic Disease Research in India”,
7 (12) BMJ Open e017825 (2017).
20Institute of Medicine (US) Forum on Microbial Threats, Microbial Evolution and Co-Adaptation : A Tribute to
the Life and Scientific Legacies of Joshua Lederberg : Workshop Summary, Washington (DC), “Infectious Disease
Emergence : Past, Present, and Future”, 5 National Academies Press (2009),
<https : //www.ncbi.nlm.nih.gov/books/NBK45714/>.
21R.M. Vorou, V.G. Papavassiliou et al., “Emerging Zoonoses and Vector-Borne Infections Affecting Humans in
Europe” 135 (8) Epidemiol Infect 1231 (2007).
SCC Online Web Edition, © 2021 EBC Publishing Pvt. Ltd.
Page 10 Saturday, November 20, 2021
Printed For: Mr. Pavan Narang
SCC Online Web Edition: http://www.scconline.com
© 2021 EBC Publishing Pvt.Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------
22
Secretariat of the Convention on Biological Diversity, Protected Areas in Today's World : Their Values and
Benefits for the Welfare of the Planet, CBD Technical Series No. 36 (2008).
23Government of India, National Biodiversity Authority, Achievement of Aichi Biodiversity Targets 11 and 16
Success Stories from India, Ministry of MoEFCC, (2008), <http://www.nbaindia.org/uploaded/pdf/Aichi%
20target%20design%20low%2014-11-2018.pdf>.
24For example, Maharashtra's Mayureshwar Supe Wildlife Sanctuary is 5.14 sq km in size, while the Mahavir
Swami Wildlife Sanctuary in Uttar Pradesh is only 5.4 square kilometres (sq km) big, and Himachal Pradesh's
Renukaji Wildlife Sanctuary is a mere 4 sq km.
25
Joshi Gopa, Forest Policy and Tribal Development, Cultural Survival Quarterly Magazine (June 1989),
<https : //www.culturalsurvival.org/publications/cultural-survival-quarterly/forest-policy-and-tribal-
development>.
26NTCA is the overarching body for conservation of tigers in India. Its main administrative function is to approve
the Tiger Conservation Plan prepared by the State Governments and then evaluate and assess various aspects
of sustainable ecology and disallow any ecologically unsustainable land use such as, mining, industry and other
projects within the tiger reserves. The Tiger Conservation Plans sent by State Government need to be approved
by the NTCA first.
Disclaimer: While every effort is made to avoid any mistake or omission, this casenote/ headnote/ judgment/ act/ rule/ regulation/ circular/
notification is being circulated on the condition and understanding that the publisher would not be liable in any manner by reason of any mistake
or omission or for any action taken or omitted to be taken or advice rendered or accepted on the basis of this casenote/ headnote/ judgment/ act/
rule/ regulation/ circular/ notification. All disputes will be subject exclusively to jurisdiction of courts, tribunals and forums at Lucknow only. The
authenticity of this text must be verified from the original source.